In the Senate of the United States, 

December 9, 2014. 

Resolved, That the bill from the House of Representatives (H.R. 2719) entitled ‘‘An Act to require the Transportation Security Administration to implement best practices 

and improve transparency with regard to technology acquisition programs, and for other purposes.’’, do pass with the following 

AMENDMENT: 

Strike all after the enacting clause and insert the 

following: 

1 SECTION 1. SHORT TITLE. 

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

3 Acquisition Reform Act’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) The Transportation Security Administration 

7 has not consistently implemented Department of 

8 Homeland Security policies and Government best 

9 practices for acquisition and procurement. 
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1 (2) The Transportation Security Administration 

2 has only recently developed a multiyear technology 

3 investment plan, and has underutilized innovation 

4 opportunities within the private sector, including 

5 from small businesses. 

6 (3) The Transportation Security Administration 

7 has faced challenges in meeting key performance re8 quirements for several major acquisitions and pro9 curements, resulting in reduced security effectiveness 

10 and wasted expenditures. 

11 SEC. 3. TRANSPORTATION SECURITY ADMINISTRATION AC12 QUISITION REFORM. 

13 (a) IN GENERAL.—Title XVI of the Homeland Secu14 rity Act of 2002 (Public Law 107–296; 116 Stat. 2312) is 

15 amended to read as follows: 

16 ‘‘TITLE XVI—TRANSPORTATION 

17 SECURITY 

18 ‘‘Subtitle A—General Provisions 

19 ‘‘SEC. 1601. DEFINITIONS. 

20 ‘‘In this title: 

21 ‘‘(1) ADMINISTRATION.—The term ‘Administra22 tion’ means the Transportation Security Administra23 tion. 
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1 ‘‘(2) ADMINISTRATOR.—The term ‘Adminis2 trator’ means the Administrator of the Transpor3 tation Security Administration. 

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

5 5-year technology investment plan developed by the 

6 Administrator under section 1611. 

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

8 term ‘security-related technology’ means any tech9 nology that assists the Administration in the preven10 tion of, or defense against, threats to United States 

11 transportation systems, including threats to people, 

12 property, and information. 

13 ‘‘Subtitle B—Transportation Secu14 rity Administration Acquisition 

15 Improvements 

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

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

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

19 enactment of the Transportation Security Acquisition 

20 Reform Act, develop and submit to Congress a stra21 tegic 5-year technology investment plan, that may in22 clude a classified addendum to report sensitive trans23 portation security risks, technology vulnerabilities, or 

24 other sensitive security information; and 
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1 ‘‘(2) to the extent possible, publish the Plan in 

2 an unclassified format in the public domain. 

3 ‘‘(b) CONSULTATION.—The Administrator shall de4 velop the Plan in consultation with— 

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

6 ‘‘(2) the Under Secretary for Science and Tech7 nology; 

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

9 ‘‘(4) the aviation industry stakeholder advisory 

10 committee established by the Administrator. 

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

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

13 by the Secretary. 

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

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

16 and the associated capability gaps that would be best 

17 addressed by security-related technology, including 

18 consideration of the most recent quadrennial home19 land security review under section 707; 

20 ‘‘(2) a set of security-related technology acquisi21 tion needs that— 

22 ‘‘(A) is prioritized based on risk and associ23 ated capability gaps identified under paragraph 

24 (1); and 
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1 ‘‘(B) includes planned technology programs 

2 and projects with defined objectives, goals, 

3 timelines, and measures; 

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

5 in domestic and international passenger travel; 

6 ‘‘(4) an identification of currently deployed secu7 rity-related technologies that are at or near the end 

8 of their lifecycles; 

9 ‘‘(5) an identification of test, evaluation, mod10 eling, and simulation capabilities, including target 

11 methodologies, rationales, and timelines necessary to 

12 support the acquisition of the security-related tech13 nologies expected to meet the needs under paragraph 

14 (2); 

15 ‘‘(6) an identification of opportunities for pub16 lic-private partnerships, small and disadvantaged 

17 company participation, intragovernment collabora18 tion, university centers of excellence, and national 

19 laboratory technology transfer; 

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

21 acquisition workforce needs for the management of 

22 planned security-related technology acquisitions, in23 cluding consideration of leveraging acquisition exper24 tise of other Federal agencies; 
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1 ‘‘(8) an identification of the security resources, 

2 including information security resources, that will be 

3 required to protect security-related technology from 

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

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

6 the Administration’s acquisition process and provide 

7 greater predictability and clarity to small, medium, 

8 and large businesses, including the timeline for test9 ing and evaluation; 

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

11 aviation passengers; 

12 ‘‘(11) a strategy for consulting airport manage13 ment, air carrier representatives, and Federal secu14 rity directors whenever an acquisition will lead to the 

15 removal of equipment at airports, and how the strat16 egy for consulting with such officials of the relevant 

17 airports will address potential negative impacts on 

18 commercial passengers or airport operations; and 

19 ‘‘(12) in consultation with the National Insti20 tutes of Standards and Technology, an identification 

21 of security-related technology interface standards, in 

22 existence or if implemented, that could promote more 

23 interoperable passenger, baggage, and cargo screening 

24 systems. 
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1 ‘‘(e) LEVERAGING THE PRIVATE SECTOR.—To the ex2 tent possible, and in a manner that is consistent with fair 

3 and equitable practices, the Plan shall— 

4 ‘‘(1) leverage emerging technology trends and re5 search and development investment trends within the 

6 public and private sectors; 

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

8 from the aviation industry stakeholder advisory com9 mittee established by the Administrator, through re10 quests for information, industry days, and other in11 novative means consistent with the Federal Acquisi12 tion Regulation; and 

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

14 for Science and Technology, identify technologies in 

15 existence or in development that, with or without ad16 aptation, are expected to be suitable to meeting mis17 sion needs. 

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

19 with the Plan a list of nongovernment persons that contrib20 uted to the writing of the Plan. 

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

22 the date the Plan is submitted to Congress under subsection 

23 (a), and biennially thereafter, the Administrator shall sub24 mit to Congress— 

25 ‘‘(1) an update of the Plan; and 
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1 ‘‘(2) a report on the extent to which each secu2 rity-related technology acquired by the Administra3 tion since the last issuance or update of the Plan is 

4 consistent with the planned technology programs and 

5 projects identified under subsection (d)(2) for that se6 curity-related technology. 

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

8 ‘‘(a) ACQUISITION JUSTIFICATION.—Before the Ad9 ministration implements any security-related technology 

10 acquisition, the Administrator, in accordance with the De11 partment’s policies and directives, shall determine whether 

12 the acquisition is justified by conducting an analysis that 

13 includes— 

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

15 of risk to transportation security from those scenarios 

16 that would be addressed by the security-related tech17 nology acquisition; 

18 ‘‘(2) an assessment of how the proposed acquisi19 tion aligns to the Plan; 

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

21 cost against the total expected quantitative and quali22 tative benefits to transportation security; 

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

24 including policy or procedure solutions, to determine 

25 if the proposed security-related technology acquisition 
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1 is the most effective and cost-efficient solution based 

2 on cost-benefit considerations; 

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

4 civil liberties implications of the proposed acquisition 

5 that includes, to the extent practicable, consultation 

6 with organizations that advocate for the protection of 

7 privacy and civil liberties; 

8 ‘‘(6) a determination that the proposed acquisi9 tion is consistent with fair information practice prin10 ciples issued by the Privacy Officer of the Depart11 ment; 

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

13 risks to human health or safety posed by the proposed 

14 acquisition; and 

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

16 aviation passengers. 

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

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

19 30-day period preceding the award by the Adminis20 tration of a contract for any security-related tech21 nology acquisition exceeding $30,000,000, the Admin22 istrator shall submit to the Committee on Commerce, 

23 Science, and Transportation of the Senate and the 

24 Committee on Homeland Security of the House of 

25 Representatives— 
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1 ‘‘(A) the results of the comprehensive acqui2 sition justification under subsection (a); and 

3 ‘‘(B) a certification by the Administrator 

4 that the benefits to transportation security jus5 tify the contract cost. 

6 ‘‘(2) EXTENSION DUE TO IMMINENT TERRORIST

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

8 threat to transportation security, the Administrator— 

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

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

11 the threat; and 

12 ‘‘(B) shall immediately notify the Com13 mittee on Commerce, Science, and Transpor14 tation of the Senate and the Committee on 

15 Homeland Security of the House of Representa16 tives of the known or suspected imminent threat. 

17 ‘‘SEC. 1613. ACQUISITION BASELINE ESTABLISHMENT AND 

18 REPORTS. 

19 ‘‘(a) BASELINE REQUIREMENTS.— 

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

21 implements any security-related technology acquisi22 tion, the appropriate acquisition official of the De23 partment shall establish and document a set of formal 

24 baseline requirements. 
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1 ‘‘(2) CONTENTS.—The baseline requirements 

2 under paragraph (1) shall— 

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

4 lifecycle costs), schedule, and performance mile5 stones for the planned duration of the acquisi6 tion; 

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

8 plan for mitigating those risks; and 

9 ‘‘(C) assess the personnel necessary to man10 age the acquisition process, manage the ongoing 

11 program, and support training and other oper12 ations as necessary. 

13 ‘‘(3) FEASIBILITY.—In establishing the perform14 ance milestones under paragraph (2)(A), the appro15 priate acquisition official of the Department, to the 

16 extent possible and in consultation with the Under 

17 Secretary for Science and Technology, shall ensure 

18 that achieving those milestones is technologically fea19 sible. 

20 ‘‘(4) TEST AND EVALUATION PLAN.—The Admin21 istrator, in consultation with the Under Secretary for 

22 Science and Technology, shall develop a test and eval23 uation plan that describes— 

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

25 required to assess acquired technologies against 
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1 the performance milestones established under 

2 paragraph (2)(A); 

3 ‘‘(B) the necessary and cost-effective com4 bination of laboratory testing, field testing, mod5 eling, simulation, and supporting analysis to en6 sure that such technologies meet the Administra7 tion’s mission needs; 

8 ‘‘(C) an efficient planning schedule to en9 sure that test and evaluation activities are com10 pleted without undue delay; and 

11 ‘‘(D) if commercial aviation passengers are 

12 expected to interact with the security-related 

13 technology, methods that could be used to meas14 ure passenger acceptance of and familiarization 

15 with the security-related technology. 

16 ‘‘(5) VERIFICATION AND VALIDATION.—The ap17 propriate acquisition official of the Department— 

18 ‘‘(A) subject to subparagraph (B), shall uti19 lize independent reviewers to verify and validate 

20 the performance milestones and cost estimates de21 veloped under paragraph (2) for a security-re22 lated technology that pursuant to section 

23 1611(d)(2) has been identified as a high priority 

24 need in the most recent Plan; and 
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1 ‘‘(B) shall ensure that the use of inde2 pendent reviewers does not unduly delay the 

3 schedule of any acquisition. 

4 ‘‘(6) STREAMLINING ACCESS FOR INTERESTED

5 VENDORS.—The Administrator shall establish a 

6 streamlined process for an interested vendor of a secu7 rity-related technology to request and receive appro8 priate access to the baseline requirements and test 

9 and evaluation plans that are necessary for the ven10 dor to participate in the acquisitions process for that 

11 technology. 

12 ‘‘(b) REVIEW OF BASELINE REQUIREMENTS AND DEVI13 ATION; REPORT TO CONGRESS.— 

14 ‘‘(1) REVIEW.— 

15 ‘‘(A) IN GENERAL.—The appropriate acqui16 sition official of the Department shall review and 

17 assess each implemented acquisition to determine 

18 if the acquisition is meeting the baseline require19 ments established under subsection (a). 

20 ‘‘(B) TEST AND EVALUATION ASSESS21 MENT.—The review shall include an assessment 

22 of whether— 

23 ‘‘(i) the planned testing and evaluation 

24 activities have been completed; and 
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1 ‘‘(ii) the results of that testing and 

2 evaluation demonstrate that the perform3 ance milestones are technologically feasible. 

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

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

6 of subparagraph (A), the Administrator shall submit 

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

8 Transportation of the Senate and the Committee on 

9 Homeland Security of the House of Representatives 

10 that includes— 

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

12 that— 

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

14 the baseline costs by more than 10 percent; 

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

16 delivery has been delayed by more than 180 

17 days; or 

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

19 performance milestone that directly impacts 

20 security effectiveness; 

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

22 delay, or failure; and 

23 ‘‘(C) a plan for corrective action. 
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1 ‘‘SEC. 1614. INVENTORY UTILIZATION. 

2 ‘‘(a) IN GENERAL.—Before the procurement of addi3 tional quantities of equipment to fulfill a mission need, the 

4 Administrator, to the extent practicable, shall utilize any 

5 existing units in the Administration’s inventory to meet 

6 that need. 

7 ‘‘(b) TRACKING OF INVENTORY.— 

8 ‘‘(1) IN GENERAL.—The Administrator shall es9 tablish a process for tracking— 

10 ‘‘(A) the location of security-related equip11 ment in the inventory under subsection (a); 

12 ‘‘(B) the utilization status of security-re13 lated technology in the inventory under sub14 section (a); and 

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

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

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

19 accurate data on security-related technology owned, 

20 deployed, and in use. 

21 ‘‘(c) LOGISTICS MANAGEMENT.— 

22 ‘‘(1) IN GENERAL.—The Administrator shall es23 tablish logistics principles for managing inventory in 

24 an effective and efficient manner. 
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1 ‘‘(2) LIMITATION ON JUST-IN-TIME LOGISTICS.— 

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

3 if doing so— 

4 ‘‘(A) would inhibit necessary planning for 

5 large-scale delivery of equipment to airports or 

6 other facilities; or 

7 ‘‘(B) would unduly diminish surge capacity 

8 for 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 the Transportation Security Acquisition Reform Act, and 

12 annually thereafter, the Administrator shall submit a re13 port to the Committee on Commerce, Science, and Trans14 portation of the Senate and the Committee on Homeland 

15 Security of the House of Representatives that includes— 

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

17 with respect to meeting its published small-business 

18 contracting goals during the preceding fiscal year; 

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

20 not met or the Administration’s performance was 

21 below the published small-business contracting goals 

22 of the Department— 

23 ‘‘(A) a list of challenges, including devi24 ations from the Administration’s subcontracting 
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1 plans, and factors that contributed to the level of 

2 performance during the preceding fiscal year; 

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

4 addressing each of the challenges identified in 

5 subparagraph (A) that— 

6 ‘‘(i) is prepared after consultation with 

7 the Secretary of Defense and the heads of 

8 Federal departments and agencies that 

9 achieved their published goals for prime 

10 contracting with small and minority-owned 

11 businesses, including small and disadvan12 taged businesses, in prior fiscal years; and 

13 ‘‘(ii) identifies policies and procedures 

14 that could be incorporated by the Adminis15 tration in furtherance of achieving the Ad16 ministration’s published goal for such con17 tracting; and 

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

19 action plan that was developed in the preceding fiscal 

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

21 plan was required. 
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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) CONFORMING 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 in11 serting 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.’’. 

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

13 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 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 enactment 

19 of this Act, the Comptroller General of the United States 
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1 shall submit a report to Congress that contains an assess2 ment of the Transportation Security Administration’s im3 plementation of recommendations regarding the acquisition 

4 of security-related technology that were made by the Gov5 ernment Accountability Office before the date of the enact6 ment of this Act. 

7 (b) IMPLEMENTATION OF SUBTITLE B OF TITLE

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

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

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

11 contains an evaluation of the Transportation Security Ad12 ministration’s progress in implementing subtitle B of title 

13 XVI of the Homeland Security Act of 2002, as amended 

14 by section 3, including any efficiencies, cost savings, or 

15 delays that have resulted from such implementation. 

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

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

18 this Act, the Administrator of the Transportation Security 

19 Administration shall submit a report to Congress on the 

20 feasibility of tracking security-related technology, including 

21 software solutions, of the Administration through auto22 mated 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 enactment of 

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

5 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 No additional funds are authorized to be appropriated 

4 to carry out this Act or the amendments made by this Act. 

Attest: 

Secretary. 
113TH CONGRESS 

1ST SESSION H.R. 2719 

AMENDMENT