II 

Calendar No. 599 

113TH CONGRESS 

2D SESSION S. 1893 

[Report No. 113–274] 

To require the Transportation Security Administration to implement best 

practices and improve transparency with regard to technology acquisition 

programs, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 20, 2013 

Ms. AYOTTE (for herself, Mr. BLUNT, and Mr. BLUMENTHAL) introduced the 

following bill; which was read twice and referred to the Committee on 

Commerce, Science, and Transportation 

NOVEMBER 17, 2014 

Reported by Mr. ROCKEFELLER, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To require the Transportation Security Administration to 

implement best practices and improve transparency with 

regard to technology acquisition programs, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Transportation Secu3 rity Acquisition Reform Act’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) The Transportation Security Administration 

7 (referred to in this Act as ‘‘TSA’’) does not consist8 ently implement Department of Homeland Security 

9 policies and Government best practices for acquisi10 tion and procurement. 

11 (2) TSA has not developed a multiyear tech12 nology investment plan. As a result, TSA has under13 utilized innovation opportunities within the private 

14 sector, including from small businesses. 

15 (3) Due in part to the deficiencies referred to 

16 in paragraphs (1) and (2), TSA has faced challenges 

17 in meeting key performance requirements for several 

18 major acquisitions and procurements, resulting in 

19 reduced security effectiveness and wasted expendi20 tures. 

21 SEC. 3. TRANSPORTATION SECURITY ADMINISTRATION AC22 QUISITION REFORM. 

23 (a) IN GENERAL.—Title XVI of the Homeland Secu24 rity Act of 2002 (116 Stat. 2312 et seq.) is amended to 

25 read as follows: 


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1 ‘‘TITLE XVI—TRANSPORTATION 

2 SECURITY 

3 ‘‘Subtitle A—General Provisions 

4 ‘‘SEC. 1601. DEFINITIONS. 

5 ‘‘In this title: 

6 ‘‘(1) ADMINISTRATION.—The term ‘Administra7 tion’ means the Transportation Security Administra8 tion. 

9 ‘‘(2) ADMINISTRATOR.—The term ‘Adminis10 trator’ means the Administrator of the Transpor11 tation Security Administration. 

12 ‘‘(3) PLAN.—The term ‘Plan’ means the 

13 multiyear technology investment plan developed by 

14 the Administrator under section 1611. 

15 ‘‘(4) SECURITY-RELATED TECHNOLOGY.—The 

16 term ‘security-related technology’ means any tech17 nology that assists the Administration in the preven18 tion of, or defense against, threats to United States 

19 transportation systems, including threats to people, 

20 property, and information. 

21 ‘‘Subtitle B—Transportation Secu22 rity Administration Acquisition 

23 Improvements 

24 ‘‘SEC. 1611. MULTIYEAR TECHNOLOGY INVESTMENT PLAN. 

25 ‘‘(a) IN GENERAL.—The Administrator— 


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1 ‘‘(1) not later than 180 days after the date of 

2 the enactment of this subtitle, shall develop and sub3 mit to Congress a strategic multiyear technology in4 vestment plan, which may include a classified adden5 dum to report sensitive transportation security risks, 

6 technology vulnerabilities, or other sensitive security 

7 information; and 

8 ‘‘(2) to the extent possible, shall publish the 

9 Plan in an unclassified format within the public do10 main. 

11 ‘‘(b) CONSULTATION.—The Administrator shall de12 velop the Plan in consultation with— 

13 ‘‘(1) the Under Secretary for Management; 

14 ‘‘(2) the Chief Information Officer; and 

15 ‘‘(3) the Under Secretary for Science and Tech16 nology. 

17 ‘‘(c) APPROVAL.—The Administrator may not publish 

18 the Plan under subsection (a)(2) until it has been ap19 proved by the Secretary. 

20 ‘‘(d) CONTENTS OF PLAN.—The Plan shall include— 

21 ‘‘(1) an analysis of transportation security risks 

22 and the associated technology gaps, including con23 sideration of the most recent Quadrennial Homeland 

24 Security Review under section 707; 


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1 ‘‘(2) a set of transportation security-related 

2 technology acquisition needs that— 

3 ‘‘(A) is prioritized based on risk and gaps 

4 identified under paragraph (1); and 

5 ‘‘(B) includes planned technology programs 

6 and projects with defined objectives, goals, and 

7 measures; 

8 ‘‘(3) an analysis of current trends in domestic 

9 and international passenger travel; 

10 ‘‘(4) an identification of currently deployed se11 curity-related technologies that are at or near the 

12 end of their lifecycle; 

13 ‘‘(5) an identification of test, evaluation, mod14 eling, and simulation capabilities that will be re15 quired to support the acquisition of the security-re16 lated technologies to meet those needs; 

17 ‘‘(6) an identification of opportunities for pub18 lic-private partnerships, small and disadvantaged 

19 company participation, intragovernment collabora20 tion, university centers of excellence, and national 

21 laboratory technology transfer; 

22 ‘‘(7) an identification of the Administration’s 

23 acquisition workforce needs that will be required for 

24 the management of planned security-related tech25 nology acquisitions, including consideration of 


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1 leveraging acquisition expertise of other Federal 

2 agencies; 

3 ‘‘(8) an identification of the security resources, 

4 including information security resources, that will be 

5 required to protect security-related technology from 

6 physical or cyber theft, diversion, sabotage, or at7 tack; and 

8 ‘‘(9) an identification of initiatives to streamline 

9 the Administration’s acquisition process and provide 

10 greater predictability and clarity to small, medium, 

11 and large businesses, including the timeline for test12 ing and evaluation. 

13 ‘‘(e) LEVERAGING THE PRIVATE SECTOR.—To the 

14 extent possible, and in a manner that is consistent with 

15 fair and equitable practices, the Plan shall— 

16 ‘‘(1) leverage emerging technology trends and 

17 research and development investment trends within 

18 the public and private sectors; 

19 ‘‘(2) incorporate feedback and input received 

20 from the private sector through requests for infor21 mation, industry days, and other innovative means 

22 consistent with the Federal Acquisition Regulation; 

23 and 

24 ‘‘(3) leverage market research conducted by the 

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1 tify technologies that exist or are in development 

2 that, with or without adaptation, could be utilized to 

3 meet mission needs. 

4 ‘‘(f) DISCLOSURE.—The Administrator shall include 

5 with the Plan a list of any nongovernment persons that 

6 contributed to the writing of the Plan. 

7 ‘‘(g) UPDATE AND REPORT.—Once every 2 years 

8 after the initial strategic Plan is submitted to Congress, 

9 the Administrator shall submit to Congress— 

10 ‘‘(1) an update of the Plan; and 

11 ‘‘(2) a report on the extent to which each secu12 rity-related technology acquired by the Administra13 tion since the last issuance or update of the Plan is 

14 consistent with the planned technology programs 

15 and projects identified under subsection (d)(2) for 

16 that technology. 

17 ‘‘SEC. 1612. ACQUISITION JUSTIFICATION AND REPORTS. 

18 ‘‘(a) ACQUISITION JUSTIFICATION.—Before the Ad19 ministration implements any security-related technology 

20 acquisition, the Administrator, in accordance with the De21 partment’s policies and directives, shall determine whether 

22 the acquisition is justified by conducting a comprehensive 

23 analysis that includes— 


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1 ‘‘(1) an identification of the type and level of 

2 risk to transportation security that would be ad3 dressed by such technology acquisition; 

4 ‘‘(2) an assessment of how the proposed acqui5 sition aligns to the multiyear technology investment 

6 plan developed under section 1611; 

7 ‘‘(3) a comparison of the total expected lifecycle 

8 cost against the total expected quantitative and 

9 qualitative benefits to transportation security; 

10 ‘‘(4) an analysis of alternative security solutions 

11 to determine if the proposed technology acquisition 

12 is the most effective and cost-efficient solution based 

13 on cost-benefit considerations; 

14 ‘‘(5) an evaluation of the privacy and civil lib15 erties implications of the proposed acquisition that 

16 includes, to the extent practicable, consultation with 

17 organizations that advocate for the protection of pri18 vacy and civil liberties, and a determination that the 

19 proposed acquisition is consistent with fair informa20 tion practice principles issued by the Privacy Officer 

21 of the Department; and 

22 ‘‘(6) confirmation that there are no significant 

23 risks to human health and safety posed by the pro24 posed acquisition. 

25 ‘‘(b) REPORTS AND CERTIFICATION TO CONGRESS.— 


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1 ‘‘(1) IN GENERAL.—Not later than the end of 

2 the 30-day period preceding the award by the Ad3 ministration of a contract for any security-related 

4 technology acquisition exceeding $30,000,000, the 

5 Administrator shall submit, to the Committee on 

6 Commerce, Science, and Transportation of the Sen7 ate and the Committee on Homeland Security of the 

8 House of Representatives— 

9 ‘‘(A) the results of the comprehensive ac10 quisition analysis required under this section; 

11 and 

12 ‘‘(B) a certification by the Administrator 

13 that the security benefits justify the contract 

14 cost. 

15 ‘‘(2) EXTENSION DUE TO IMMINENT TERRORIST

16 THREAT.—If there is a known or suspected immi17 nent threat to transportation security, the Adminis18 trator— 

19 ‘‘(A) may reduce the 30-day period under 

20 paragraph (1) to 5 days in order to rapidly re21 spond; and 

22 ‘‘(B) shall provide immediate notice of 

23 such imminent threat to the Committee on 

24 Commerce, Science, and Transportation of the 


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1 Senate and the Committee on Homeland Secu2 rity of the House of Representatives. 

3 ‘‘SEC. 1613. ACQUISITION BASELINE ESTABLISHMENT AND 

4 REPORTS. 

5 ‘‘(a) BASELINE REQUIREMENTS.— 

6 ‘‘(1) IN GENERAL.—Before the Administration 

7 implements any security-related technology acquisi8 tion, the appropriate acquisition official of the De9 partment shall establish and document a set of for10 mal baseline requirements. 

11 ‘‘(2) CONTENTS.—The baseline requirements 

12 under paragraph (1) shall— 

13 ‘‘(A) include the estimated costs (including 

14 lifecycle costs), schedule, and performance mile15 stones for the planned duration of the acquisi16 tion; and 

17 ‘‘(B) identify the acquisition risks and a 

18 plan for mitigating these risks. 

19 ‘‘(3) FEASIBILITY.—In establishing the per20 formance milestones under paragraph (2)(A), the 

21 appropriate acquisition official of the Department, to 

22 the extent possible and in consultation with the 

23 Under Secretary for Science and Technology, shall 

24 ensure that achieving these milestones is techno25 logically feasible. 


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1 ‘‘(4) TEST AND EVALUATION PLAN.—The Ad2 ministrator, in consultation with the Under Sec3 retary for Science and Technology, shall develop a 

4 test and evaluation plan that describes— 

5 ‘‘(A) the activities that will be required to 

6 assess acquired technologies against the per7 formance milestones established under para8 graph (2)(A); 

9 ‘‘(B) the necessary and cost-effective com10 bination of laboratory testing, field testing, 

11 modeling, simulation, and supporting analysis 

12 to ensure that such technologies meet the Ad13 ministration’s mission needs; and 

14 ‘‘(C) an efficient schedule to ensure that 

15 test and evaluation activities are completed 

16 without undue delay. 

17 ‘‘(5) VERIFICATION AND VALIDATION.—The ap18 propriate acquisition official of the Department— 

19 ‘‘(A) subject to subparagraph (B), shall 

20 utilize independent reviewers to verify and vali21 date the performance milestones and cost esti22 mates developed under paragraph (2) for a se23 curity-related technology that pursuant to sec24 tion 1611(d)(2) has been identified as a high 


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1 priority need in the most recent multiyear tech2 nology investment plan; and 

3 ‘‘(B) shall ensure that the utilization of 

4 independent reviewers does not unduly delay 

5 the schedule of any acquisition. 

6 ‘‘(6) STREAMLINING ACCESS FOR INTERESTED

7 VENDORS.—The Administrator shall establish a 

8 streamlined process for an interested vendor of a se9 curity-related technology to request and receive ap10 propriate access to the baseline requirements and 

11 test and evaluation plans that are necessary for the 

12 vendor to participate in the acquisitions process for 

13 such technology. 

14 ‘‘(b) REVIEW OF BASELINE REQUIREMENTS AND

15 DEVIATION; REPORT TO CONGRESS.— 

16 ‘‘(1) REVIEW.— 

17 ‘‘(A) IN GENERAL.—The appropriate ac18 quisition official of the Department shall review 

19 and assess each implemented acquisition to de20 termine if the acquisition is meeting the base21 line requirements established under subsection 

22 (a). 

23 ‘‘(B) TEST AND EVALUATION ASSESS24 MENT.—The review shall include an assessment 

25 of whether— 


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1 ‘‘(i) the planned testing and evalua2 tion activities have been completed; and 

3 ‘‘(ii) the results of such testing and 

4 evaluation demonstrate that the perform5 ance milestones are technologically feasible. 

6 ‘‘(2) REPORT.—Not later than 30 days after 

7 making a finding described in clause (i), (ii), or (iii) 

8 of subparagraph (A), the Administrator shall submit 

9 a report to the Committee on Commerce, Science, 

10 and Transportation of the Senate and the Com11 mittee on Homeland Security of the House of Rep12 resentatives that includes— 

13 ‘‘(A) the results of any assessment that 

14 finds that— 

15 ‘‘(i) the actual or planned costs exceed 

16 the baseline costs by more than 10 per17 cent; 

18 ‘‘(ii) the actual or planned schedule 

19 for delivery has been delayed by more than 

20 180 days; or 

21 ‘‘(iii) there is a failure to meet any 

22 performance milestone that directly im23 pacts security effectiveness; 

24 ‘‘(B) the cause for such excessive costs, 

25 delay, or failure; and 


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1 ‘‘(C) a plan for corrective action. 

2 ‘‘SEC. 1614. INVENTORY UTILIZATION. 

3 ‘‘(a) IN GENERAL.—Before the procurement of addi4 tional quantities of equipment to fulfill a mission need, 

5 the Administrator, to the extent practicable, shall utilize 

6 any existing units in the Administration’s inventory to 

7 meet that need. 

8 ‘‘(b) TRACKING OF INVENTORY.— 

9 ‘‘(1) IN GENERAL.—The Administrator shall es10 tablish a process for tracking— 

11 ‘‘(A) the location of security-related equip12 ment in such inventory; 

13 ‘‘(B) the utilization status of security-re14 lated technology in such inventory; and 

15 ‘‘(C) the quantity of security-related equip16 ment in such inventory. 

17 ‘‘(2) INTERNAL CONTROLS.—The Administrator 

18 shall implement internal controls to ensure accurate 

19 data on security-related technology utilization. 

20 ‘‘(c) LOGISTICS MANAGEMENT.— 

21 ‘‘(1) IN GENERAL.—The Administrator shall es22 tablish logistics principles for managing inventory in 

23 an effective and efficient manner. 


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1 ‘‘(2) LIMITATION ON JUST-IN-TIME LOGIS2 TICS.—The Administrator may not use just-in-time 

3 logistics if doing so would— 

4 ‘‘(A) inhibit necessary planning for large5 scale delivery of equipment to airports or other 

6 facilities; or 

7 ‘‘(B) unduly diminish surge capacity for 

8 response to a terrorist threat. 

9 ‘‘SEC. 1615. SMALL BUSINESS CONTRACTING GOALS. 

10 ‘‘Not later than 90 days after the date of enactment 

11 of this subtitle, and annually thereafter, the Administrator 

12 shall submit a report to the Committee on Commerce, 

13 Science, and Transportation of the Senate and the Com14 mittee on Homeland Security of the House of Representa15 tives that includes— 

16 ‘‘(1) a restatement of the Administration’s pub17 lished goals for contracting with small businesses, 

18 including small and disadvantaged businesses; 

19 ‘‘(2) the Administration’s performance record 

20 with respect to meeting the goals referred to in 

21 paragraph (1) during the preceding fiscal year; 

22 ‘‘(3) if the goals referred to in paragraph (1) 

23 were not met or the Administration’s performance 

24 was below the published goals of the Department— 


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1 ‘‘(A) an itemized list of challenges, includ2 ing deviations from the Administration’s sub3 contracting plans, that contributed to the level 

4 of performance during the preceding fiscal year; 

5 and 

6 ‘‘(B) the extent to which contract bundling 

7 was a contributing factor to such level of per8 formance; 

9 ‘‘(4) an action plan, with benchmarks, for ad10 dressing each of the challenges identified in para11 graph (3)(A), which— 

12 ‘‘(A) was prepared after consultation with 

13 the Secretary of Defense and the heads of Fed14 eral departments and agencies that achieved 

15 their published goals for prime contracting with 

16 small and minority owned businesses, including 

17 small and disadvantaged businesses, in prior 

18 fiscal years; and 

19 ‘‘(B) identifies policies and procedures that 

20 could be incorporated by the Administration in 

21 furtherance of achieving the Administration’s 

22 published goal for such contracting; and 

23 ‘‘(5) a status report on the implementation of 

24 the action plan that was developed in the preceding 

25 fiscal year in accordance with paragraph (4). 


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1 ‘‘SEC. 1616. CONSISTENCY WITH THE FEDERAL ACQUISI2 TION REGULATION AND DEPARTMENTAL 

3 POLICIES AND DIRECTIVES. 

4 ‘‘The Administrator shall execute the responsibilities 

5 set forth in this subtitle in a manner consistent with, and 

6 not duplicative of, the Federal Acquisition Regulation and 

7 the Department’s policies and directives.’’. 

8 (b) CLERICAL AMENDMENT.—The table of contents 

9 in section 1(b) of the Homeland Security Act of 2002 is 

10 amended by striking the items relating to title XVI and 

11 inserting the following: 

‘‘TITLE XVI—TRANSPORTATION SECURITY 

‘‘Subtitle A—General Provisions 

‘‘Sec. 1601. Definitions. 

‘‘Subtitle B—Transportation Security Administration Acquisition 

Improvements 

‘‘Sec. 1611. Multiyear technology investment plan. 

‘‘Sec. 1612. Acquisition justification and reports. 

‘‘Sec. 1613. Acquisition baseline establishment and reports. 

‘‘Sec. 1614. Inventory utilization. 

‘‘Sec. 1615. Small business contracting goals. 

‘‘Sec. 1616. Consistency with the Federal acquisition regulation and departmental policies and directives.’’. 

12 (c) PRIOR AMENDMENTS NOT AFFECTED.—Nothing 

13 in this section may be construed to affect any amendment 

14 made by title XVI of the Homeland Security Act of 2002 

15 as in effect before the date of the enactment of this Act. 

16 SEC. 4. GOVERNMENT ACCOUNTABILITY OFFICE REPORTS. 

17 (a) IMPLEMENTATION OF PREVIOUS RECOMMENDA18 TIONS.—Not later than 1 year after the date of the enactVerDate Sep 11 2014 23:12 Nov 17, 2014 Jkt 049200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6401 E:\BILLS\S1893.RS S1893

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1 ment of this Act, the Comptroller General of the United 

2 States shall submit a report to Congress that contains an 

3 assessment of the Transportation Security Administra4 tion’s implementation of recommendations regarding the 

5 acquisition of technology that were made by the Govern6 ment Accountability Office before the date of the enact7 ment of this Act. 

8 (b) IMPLEMENTATION OF SUBTITLE B OF TITLE

9 XVI.—Not later than 1 year after the date of the enact10 ment of this Act and 3 years thereafter, the Comptroller 

11 General of the United States shall submit a report to Con12 gress that contains an evaluation of the Transportation 

13 Security Administration’s progress in implementing sub14 title B of title XVI of the Homeland Security Act of 2002 

15 (116 Stat. 2312), including any efficiencies, cost savings, 

16 or delays that have resulted from such implementation. 

17 SEC. 5. REPORT ON FEASIBILITY OF INVENTORY TRACK18 ING. 

19 Not later than 90 days after the date of the enact20 ment of this Act, the Administrator of the Transportation 

21 Security Administration shall submit a report to Congress 

22 on the feasibility of tracking transportation security-re23 lated technology of the Administration through automated 

24 information and data capture technologies. 


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1 SEC. 6. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW 

2 OF TSA’S TEST AND EVALUATION PROCESS. 

3 Not later than 1 year after the date of the enactment 

4 of this Act, the Comptroller General of the United States 

5 shall submit a report to Congress that includes— 

6 (1) an evaluation of the Transportation Secu7 rity Administration’s testing and evaluation activi8 ties related to security-related technologies; 

9 (2) information on the extent to which— 

10 (A) the execution of such testing and eval11 uation activities is aligned, temporally and oth12 erwise, with the Administration’s acquisition 

13 needs, planned procurements, and acquisitions 

14 for technology programs and projects; and 

15 (B) security-related technologies that have 

16 been tested, evaluated, and certified for use by 

17 the Administration are not procured by the Ad18 ministration, including the reasons for such 

19 failure to procure; and 

20 (3) recommendations— 

21 (A) to improve the efficiency and efficacy 

22 of such testing and evaluation activities; and 

23 (B) to better align such testing and evalua24 tion with the acquisitions process. 


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1 SEC. 7. NO ADDITIONAL AUTHORIZATION OF APPROPRIA2 TIONS. 

3 This Act and the amendments made by this Act shall 

4 be carried out using amounts otherwise available for such 

5 purpose. No additional funds are authorized to be appro6 priated to carry out this Act or such amendments. 

7 SECTION 1. SHORT TITLE. 

8 This Act may be cited as the ‘‘Transportation Security 

9 Acquisition Reform Act’’. 

10 SEC. 2. FINDINGS. 

11 Congress finds the following: 

12 (1) The Transportation Security Administration 

13 has not consistently implemented Department of 

14 Homeland Security policies and Government best 

15 practices for acquisition and procurement. 

16 (2) The Transportation Security Administration 

17 has only recently developed a multiyear technology 

18 investment plan, and has underutilized innovation 

19 opportunities within the private sector, including 

20 from small businesses. 

21 (3) The Transportation Security Administration 

22 has faced challenges in meeting key performance re23 quirements for several major acquisitions and pro24 curements, resulting in reduced security effectiveness 

25 and wasted expenditures. 


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1 SEC. 3. TRANSPORTATION SECURITY ADMINISTRATION AC2 QUISITION REFORM. 

3 (a) IN GENERAL.—Title XVI of the Homeland Secu4 rity Act of 2002 (116 Stat. 2312) is amended to read as 

5 follows: 

6 ‘‘TITLE XVI—TRANSPORTATION 

7 SECURITY 

8 ‘‘Subtitle A—General Provisions 

9 ‘‘SEC. 1601. DEFINITIONS. 

10 ‘‘In this title: 

11 ‘‘(1) ADMINISTRATION.—The term ‘Administra12 tion’ means the Transportation Security Administra13 tion. 

14 ‘‘(2) ADMINISTRATOR.—The term ‘Adminis15 trator’ means the Administrator of the Transpor16 tation Security Administration. 

17 ‘‘(3) PLAN.—The term ‘Plan’ means the strategic 

18 5-year technology investment plan developed by the 

19 Administrator under section 1611. 

20 ‘‘(4) SECURITY-RELATED TECHNOLOGY.—The 

21 term ‘security-related technology’ means any tech22 nology that assists the Administration in the preven23 tion of, or defense against, threats to United States 

24 transportation systems, including threats to people, 

25 property, and information. 


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1 ‘‘Subtitle B—Transportation Secu2 rity Administration Acquisition 

3 Improvements 

4 ‘‘SEC. 1611. 5-YEAR TECHNOLOGY INVESTMENT PLAN. 

5 ‘‘(a) IN GENERAL.—The Administrator shall— 

6 ‘‘(1) not later than 180 days after the date of the 

7 enactment of the Transportation Security Acquisition 

8 Reform Act, develop and submit to Congress a stra9 tegic 5-year technology investment plan, that may in10 clude a classified addendum to report sensitive trans11 portation security risks, technology vulnerabilities, or 

12 other sensitive security information; and 

13 ‘‘(2) to the extent possible, publish the Plan in 

14 an unclassified format in the public domain. 

15 ‘‘(b) CONSULTATION.—The Administrator shall de16 velop the Plan in consultation with— 

17 ‘‘(1) the Under Secretary for Management; 

18 ‘‘(2) the Under Secretary for Science and Tech19 nology; 

20 ‘‘(3) the Chief Information Officer; and 

21 ‘‘(4) the aviation industry stakeholder advisory 

22 committee established by the Administrator. 

23 ‘‘(c) APPROVAL.—The Administrator may not publish 

24 the Plan under subsection (a)(2) until it has been approved 

25 by the Secretary. 


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1 ‘‘(d) CONTENTS OF PLAN.—The Plan shall include— 

2 ‘‘(1) an analysis of transportation security risks 

3 and the associated capability gaps that would be best 

4 addressed by security-related technology, including 

5 consideration of the most recent Quadrennial Home6 land Security Review under section 707; 

7 ‘‘(2) a set of security-related technology acquisi8 tion needs that— 

9 ‘‘(A) is prioritized based on risk and associ10 ated capability gaps identified under paragraph 

11 (1); and 

12 ‘‘(B) includes planned technology programs 

13 and projects with defined objectives, goals, 

14 timelines, and measures; 

15 ‘‘(3) an analysis of current and forecast trends 

16 in domestic and international passenger travel; 

17 ‘‘(4) an identification of currently deployed secu18 rity-related technologies that are at or near the end 

19 of their lifecycles; 

20 ‘‘(5) an identification of test, evaluation, mod21 eling, and simulation capabilities, including target 

22 methodologies, rationales, and timelines necessary to 

23 support the acquisition of the security-related tech24 nologies expected to meet the needs under paragraph 

25 (2); 


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1 ‘‘(6) an identification of opportunities for pub2 lic-private partnerships, small and disadvantaged 

3 company participation, intragovernment collabora4 tion, university centers of excellence, and national 

5 laboratory technology transfer; 

6 ‘‘(7) an identification of the Administration’s 

7 acquisition workforce needs that will be required for 

8 the management of planned security-related tech9 nology acquisitions, including consideration of 

10 leveraging acquisition expertise of other Federal agen11 cies; 

12 ‘‘(8) an identification of the security resources, 

13 including information security resources, that will be 

14 required to protect security-related technology from 

15 physical or cyber theft, diversion, sabotage, or attack; 

16 ‘‘(9) an identification of initiatives to streamline 

17 the Administration’s acquisition process and provide 

18 greater predictability and clarity to small, medium, 

19 and large businesses, including the timeline for test20 ing and evaluation; 

21 ‘‘(10) an assessment of the impact to commercial 

22 aviation passengers; 

23 ‘‘(11) a strategy for consulting airport manage24 ment, airline representatives, and Federal security di25 rectors whenever an acquisition will lead to the reVerDate Sep 11 2014 23:12 Nov 17, 2014 Jkt 049200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6203 E:\BILLS\S1893.RS S1893

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1 moval of equipment at airports, and how the strategy 

2 for consulting with such officials of the relevant air3 ports will address potential negative impacts on com4 mercial passengers or airport operations; and 

5 ‘‘(12) in consultation with the National Insti6 tutes of Standards and Technology, an identification 

7 of security-related technology interface standards, in 

8 existence or if implemented, that could promote more 

9 interoperable passenger, baggage, and cargo screening 

10 systems. 

11 ‘‘(e) LEVERAGING THE PRIVATE SECTOR.—To the ex12 tent possible, and in a manner that is consistent with fair 

13 and equitable practices, the Plan shall— 

14 ‘‘(1) leverage emerging technology trends and re15 search and development investment trends within the 

16 public and private sectors; 

17 ‘‘(2) incorporate private sector input, including 

18 from the aviation industry stakeholder advisory com19 mittee established by the Administrator, through re20 quests for information, industry days, and other in21 novative means consistent with the Federal Acquisi22 tion Regulation; and 

23 ‘‘(3) in consultation with the Under Secretary 

24 for Science and Technology, identify technologies in 

25 existence or in development that, with or without adVerDate Sep 11 2014 23:12 Nov 17, 2014 Jkt 049200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6203 E:\BILLS\S1893.RS S1893

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1 aptation, are expected to be suitable to meeting mis2 sion needs. 

3 ‘‘(f) DISCLOSURE.—The Administrator shall include 

4 with the Plan a list of nongovernment persons that contrib5 uted to the writing of the Plan. 

6 ‘‘(g) UPDATE AND REPORT.—Beginning 2 years after 

7 the date the Plan is submitted to Congress under subsection 

8 (a), and biennially thereafter, the Administrator shall sub9 mit to Congress— 

10 ‘‘(1) an update of the Plan; and 

11 ‘‘(2) a report on the extent to which each secu12 rity-related technology acquired by the Administra13 tion since the last issuance or update of the Plan is 

14 consistent with the planned technology programs and 

15 projects identified under subsection (d)(2) for that se16 curity-related technology. 

17 ‘‘SEC. 1612. ACQUISITION JUSTIFICATION AND REPORTS. 

18 ‘‘(a) ACQUISITION JUSTIFICATION.—Before the Ad19 ministration implements any security-related technology 

20 acquisition, the Administrator, in accordance with the De21 partment’s policies and directives, shall determine whether 

22 the acquisition is justified by conducting an analysis that 

23 includes— 

24 ‘‘(1) an identification of the scenarios and level 

25 of risk to transportation security from those scenarios 


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1 that would be addressed by the security-related tech2 nology acquisition; 

3 ‘‘(2) an assessment of how the proposed acquisi4 tion aligns to the Plan; 

5 ‘‘(3) a comparison of the total expected lifecycle 

6 cost against the total expected quantitative and quali7 tative benefits to transportation security; 

8 ‘‘(4) an analysis of alternative security solutions, 

9 including policy or procedure solutions, to determine 

10 if the proposed security-related technology acquisition 

11 is the most effective and cost-efficient solution based 

12 on cost-benefit considerations; 

13 ‘‘(5) an assessment of the potential privacy and 

14 civil liberties implications of the proposed acquisition 

15 that includes, to the extent practicable, consultation 

16 with organizations that advocate for the protection of 

17 privacy and civil liberties; 

18 ‘‘(6) a determination that the proposed acquisi19 tion is consistent with fair information practice prin20 ciples issued by the Privacy Officer of the Depart21 ment; 

22 ‘‘(7) confirmation that there are no significant 

23 risks to human health or safety posed by the proposed 

24 acquisition; and 


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1 ‘‘(8) an estimate of the benefits to commercial 

2 aviation passengers. 

3 ‘‘(b) REPORTS AND CERTIFICATION TO CONGRESS.— 

4 ‘‘(1) IN GENERAL.—Not later than the end of the 

5 30-day period preceding the award by the Adminis6 tration of a contract for any security-related tech7 nology acquisition exceeding $30,000,000, the Admin8 istrator shall submit to the Committee on Commerce, 

9 Science, and Transportation of the Senate and the 

10 Committee on Homeland Security of the House of 

11 Representatives— 

12 ‘‘(A) the results of the comprehensive acqui13 sition justification under subsection (a); and 

14 ‘‘(B) a certification by the Administrator 

15 that the benefits to transportation security jus16 tify the contract cost. 

17 ‘‘(2) EXTENSION DUE TO IMMINENT TERRORIST

18 THREAT.—If there is a known or suspected imminent 

19 threat to transportation security, the Administrator— 

20 ‘‘(A) may reduce the 30-day period under 

21 paragraph (1) to 5 days to rapidly respond to 

22 the threat; and 

23 ‘‘(B) shall immediately notify the Com24 mittee on Commerce, Science, and Transpor25 tation of the Senate and the Committee on 


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1 Homeland Security of the House of Representa2 tives of the known or suspected imminent threat. 

3 ‘‘SEC. 1613. ACQUISITION BASELINE ESTABLISHMENT AND 

4 REPORTS. 

5 ‘‘(a) BASELINE REQUIREMENTS.— 

6 ‘‘(1) IN GENERAL.—Before the Administration 

7 implements any security-related technology acquisi8 tion, the appropriate acquisition official of the De9 partment shall establish and document a set of formal 

10 baseline requirements. 

11 ‘‘(2) CONTENTS.—The baseline requirements 

12 under paragraph (1) shall— 

13 ‘‘(A) include the estimated costs (including 

14 lifecycle costs), schedule, and performance mile15 stones for the planned duration of the acquisi16 tion; 

17 ‘‘(B) identify the acquisition risks and a 

18 plan for mitigating these risks; and 

19 ‘‘(C) assess the personnel necessary to man20 age the acquisition process, manage the ongoing 

21 program, and support training and other oper22 ations as necessary. 

23 ‘‘(3) FEASIBILITY.—In establishing the perform24 ance milestones under paragraph (2)(A), the appro25 priate acquisition official of the Department, to the 


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1 extent possible and in consultation with the Under 

2 Secretary for Science and Technology, shall ensure 

3 that achieving these milestones is technologically fea4 sible. 

5 ‘‘(4) TEST AND EVALUATION PLAN.—The Admin6 istrator, in consultation with the Under Secretary for 

7 Science and Technology, shall develop a test and eval8 uation plan that describes— 

9 ‘‘(A) the activities that are expected to be 

10 required to assess acquired technologies against 

11 the performance milestones established under 

12 paragraph (2)(A); 

13 ‘‘(B) the necessary and cost-effective com14 bination of laboratory testing, field testing, mod15 eling, simulation, and supporting analysis to en16 sure that such technologies meet the Administra17 tion’s mission needs; 

18 ‘‘(C) an efficient planning schedule to en19 sure that test and evaluation activities are com20 pleted without undue delay; and 

21 ‘‘(D) if commercial aviation passengers are 

22 expected to interact with the security-related 

23 technology, methods that could be used to meas24 ure passenger acceptance of and familiarization 

25 with the security-related technology. 


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1 ‘‘(5) VERIFICATION AND VALIDATION.—The ap2 propriate acquisition official of the Department— 

3 ‘‘(A) subject to subparagraph (B), shall uti4 lize independent reviewers to verify and validate 

5 the performance milestones and cost estimates de6 veloped under paragraph (2) for a security-re7 lated technology that pursuant to section 

8 1611(d)(2) has been identified as a high priority 

9 need in the most recent Plan; and 

10 ‘‘(B) shall ensure that the use of inde11 pendent reviewers does not unduly delay the 

12 schedule of any acquisition. 

13 ‘‘(6) STREAMLINING ACCESS FOR INTERESTED

14 VENDORS.—The Administrator shall establish a 

15 streamlined process for an interested vendor of a secu16 rity-related technology to request and receive appro17 priate access to the baseline requirements and test 

18 and evaluation plans that are necessary for the ven19 dor to participate in the acquisitions process for that 

20 technology. 

21 ‘‘(b) REVIEW OF BASELINE REQUIREMENTS AND DEVI22 ATION; REPORT TO CONGRESS.— 

23 ‘‘(1) REVIEW.— 

24 ‘‘(A) IN GENERAL.—The appropriate acqui25 sition official of the Department shall review and 


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1 assess each implemented acquisition to determine 

2 if the acquisition is meeting the baseline require3 ments established under subsection (a). 

4 ‘‘(B) TEST AND EVALUATION ASSESS5 MENT.—The review shall include an assessment 

6 of whether— 

7 ‘‘(i) the planned testing and evaluation 

8 activities have been completed; and 

9 ‘‘(ii) the results of that testing and 

10 evaluation demonstrate that the perform11 ance milestones are technologically feasible. 

12 ‘‘(2) REPORT.—Not later than 30 days after 

13 making a finding described in clause (i), (ii), or (iii) 

14 of subparagraph (A), the Administrator shall submit 

15 a report to the Committee on Commerce, Science, and 

16 Transportation of the Senate and the Committee on 

17 Homeland Security of the House of Representatives 

18 that includes— 

19 ‘‘(A) the results of any assessment that finds 

20 that— 

21 ‘‘(i) the actual or planned costs exceed 

22 the baseline costs by more than 10 percent; 

23 ‘‘(ii) the actual or planned schedule for 

24 delivery has been delayed by more than 180 

25 days; or 


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1 ‘‘(iii) there is a failure to meet any 

2 performance milestone that directly impacts 

3 security effectiveness; 

4 ‘‘(B) the cause for that excessive costs, delay, 

5 or failure; and 

6 ‘‘(C) a plan for corrective action. 

7 ‘‘SEC. 1614. INVENTORY UTILIZATION. 

8 ‘‘(a) IN GENERAL.—Before the procurement of addi9 tional quantities of equipment to fulfill a mission need, the 

10 Administrator, to the extent practicable, shall utilize any 

11 existing units in the Administration’s inventory to meet 

12 that need. 

13 ‘‘(b) TRACKING OF INVENTORY.— 

14 ‘‘(1) IN GENERAL.—The Administrator shall es15 tablish a process for tracking— 

16 ‘‘(A) the location of security-related equip17 ment in the inventory under subsection (a); 

18 ‘‘(B) the utilization status of security-re19 lated technology in the inventory under sub20 section (a); and 

21 ‘‘(C) the quantity of security-related equip22 ment in the inventory under subsection (a). 

23 ‘‘(2) INTERNAL CONTROLS.—The Administrator 

24 shall implement internal controls to ensure up-to-date 


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1 accurate data on security-related technology owned, 

2 deployed, and in use. 

3 ‘‘(c) LOGISTICS MANAGEMENT.— 

4 ‘‘(1) IN GENERAL.—The Administrator shall es5 tablish logistics principles for managing inventory in 

6 an effective and efficient manner. 

7 ‘‘(2) LIMITATION ON JUST-IN-TIME LOGISTICS.— 

8 The Administrator may not use just-in-time logistics 

9 if doing so— 

10 ‘‘(A) would inhibit necessary planning for 

11 large-scale delivery of equipment to airports or 

12 other facilities; or 

13 ‘‘(B) would unduly diminish surge capacity 

14 for response to a terrorist threat. 

15 ‘‘SEC. 1615. SMALL BUSINESS CONTRACTING GOALS. 

16 ‘‘Not later than 90 days after the date of enactment 

17 of the Transportation Security Acquisition Reform Act, and 

18 annually thereafter, the Administrator shall submit a re19 port to the Committee on Commerce, Science, and Trans20 portation of the Senate and the Committee on Homeland 

21 Security of the House of Representatives that includes— 

22 ‘‘(1) the Administration’s performance record 

23 with respect to meeting its published small-business 

24 contracting goals during the preceding fiscal year; 


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1 ‘‘(2) if the goals described in paragraph (1) were 

2 not met or the Administration’s performance was 

3 below the published small-business contracting goals 

4 of the Department— 

5 ‘‘(A) a list of challenges, including devi6 ations from the Administration’s subcontracting 

7 plans, and factors that contributed to the level of 

8 performance during the preceding fiscal year; 

9 ‘‘(B) an action plan, with benchmarks, for 

10 addressing each of the challenges identified in 

11 subparagraph (A), which— 

12 ‘‘(i) was prepared after consultation 

13 with the Secretary of Defense and the heads 

14 of Federal departments and agencies that 

15 achieved their published goals for prime 

16 contracting with small and minority owned 

17 businesses, including small and disadvan18 taged businesses, in prior fiscal years; and 

19 ‘‘(ii) identifies policies and procedures 

20 that could be incorporated by the Adminis21 tration in furtherance of achieving the Ad22 ministration’s published goal for such con23 tracting; and 

24 ‘‘(3) a status report on the implementation of the 

25 action plan that was developed in the preceding fiscal 


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1 year in accordance with paragraph (2)(B), if such a 

2 plan was required. 

3 ‘‘SEC. 1616. CONSISTENCY WITH THE FEDERAL ACQUISI4 TION REGULATION AND DEPARTMENTAL 

5 POLICIES AND DIRECTIVES. 

6 ‘‘The Administrator shall execute the responsibilities 

7 set forth in this subtitle in a manner consistent with, and 

8 not duplicative of, the Federal Acquisition Regulation and 

9 the Department’s policies and directives.’’. 

10 (b) CONFORMING AMENDMENT.—The table of contents 

11 in section 1(b) of the Homeland Security Act of 2002 (116 

12 Stat. 2135) is amended by striking the items relating to 

13 title XVI and inserting the following: 

‘‘TITLE XVI—TRANSPORTATION SECURITY 

‘‘Subtitle A—General Provisions 

‘‘Sec. 1601. Definitions. 

‘‘Subtitle B—Transportation Security Administration Acquisition Improvements 

‘‘Sec. 1611. 5-year technology investment plan. 

‘‘Sec. 1612. Acquisition justification and reports. 

‘‘Sec. 1613. Acquisition baseline establishment and reports. 

‘‘Sec. 1614. Inventory utilization. 

‘‘Sec. 1615. Small business contracting goals. 

‘‘Sec. 1616. Consistency with the Federal acquisition regulation and departmental policies and directives.’’. 

14 (c) PRIOR AMENDMENTS NOT AFFECTED.—Nothing in 

15 this section may be construed to affect any amendment 

16 made by title XVI of the Homeland Security Act of 2002 

17 as in effect before the date of enactment of this Act. 


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1 SEC. 4. GOVERNMENT ACCOUNTABILITY OFFICE REPORTS. 

2 (a) IMPLEMENTATION OF PREVIOUS RECOMMENDA3 TIONS.—Not later than 1 year after the date of the enact4 ment of this Act, the Comptroller General of the United 

5 States shall submit a report to Congress that contains an 

6 assessment of the Transportation Security Administration’s 

7 implementation of recommendations regarding the acquisi8 tion of security-related technology that were made by the 

9 Government Accountability Office before the date of the en10 actment of this Act. 

11 (b) IMPLEMENTATION OF SUBTITLE B OF TITLE

12 XVI.—Not later than 1 year after the date of the enactment 

13 of this Act and 3 years thereafter, the Comptroller General 

14 of the United States shall submit a report to Congress that 

15 contains an evaluation of the Transportation Security Ad16 ministration’s progress in implementing subtitle B of title 

17 XVI of the Homeland Security Act of 2002 (116 Stat. 2312), 

18 including any efficiencies, cost savings, or delays that have 

19 resulted from such implementation. 

20 SEC. 5. REPORT ON FEASIBILITY OF INVENTORY TRACKING. 

21 Not later than 90 days after the date of the enactment 

22 of this Act, the Administrator of the Transportation Secu23 rity Administration shall submit a report to Congress on 

24 the feasibility of tracking security-related technology, in25 cluding software solutions, of the Administration through 

26 automated information and data capture technologies. 


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1 SEC. 6. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF 

2 TSA’S TEST AND EVALUATION PROCESS. 

3 Not later than 1 year after the date of the enactment 

4 of this Act, the Comptroller General of the United States 

5 shall submit a report to Congress that includes— 

6 (1) an evaluation of the Transportation Security 

7 Administration’s testing and evaluation activities re8 lated to security-related technology; 

9 (2) information on the extent to which— 

10 (A) the execution of such testing and eval11 uation activities is aligned, temporally and oth12 erwise, with the Administration’s annual budget 

13 request, acquisition needs, planned procurements, 

14 and acquisitions for technology programs and 

15 projects; and 

16 (B) security-related technology that has been 

17 tested, evaluated, and certified for use by the Ad18 ministration but was not procured by the Ad19 ministration, including the reasons the procure20 ment did not occur; and 

21 (3) recommendations— 

22 (A) to improve the efficiency and efficacy of 

23 such testing and evaluation activities; and 

24 (B) to better align such testing and evalua25 tion with the acquisitions process. 


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1 SEC. 7. NO ADDITIONAL AUTHORIZATION OF APPROPRIA2 TIONS. 

3 This Act and the amendments made by this Act shall 

4 be carried out using amounts otherwise available for such 

5 purpose. No additional funds are authorized to be appro6 priated to carry out this Act or such amendments. 


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Calendar No. 599 

113TH CONGRESS 

2D SESSION S. 1893 

[Report No. 113–274] 

A BILL 

To require the Transportation Security Administration programs, and for other purposes. transparency with regard to technology acquisi- tion to implement best practices and improve 

NOVEMBER 17, 2014 

Reported with an amendment 


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