H. R. 2719 

One Hundred Thirteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Friday, 

the third day of January, two thousand and fourteen 

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. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Transportation Security Acquisition Reform Act’’. 

SEC. 2. FINDINGS. 

Congress finds the following: 

(1) The Transportation Security Administration has not 

consistently implemented Department of Homeland Security 

policies and Government best practices for acquisition and 

procurement. 

(2) The Transportation Security Administration has only 

recently developed a multiyear technology investment plan, 

and has underutilized innovation opportunities within the private sector, including from small businesses. 

(3) The Transportation Security Administration has faced 

challenges in meeting key performance requirements for several 

major acquisitions and procurements, resulting in reduced security effectiveness and wasted expenditures. 

SEC. 3. TRANSPORTATION SECURITY ADMINISTRATION ACQUISITION 

REFORM. 

(a) IN GENERAL.—Title XVI of the Homeland Security Act of 

2002 (Public Law 107–296; 116 Stat. 2312) is amended to read 

as follows: 

‘‘TITLE XVI—TRANSPORTATION 

SECURITY 

‘‘Subtitle A—General Provisions 

‘‘SEC. 1601. DEFINITIONS. 

‘‘In this title: 

‘‘(1) ADMINISTRATION.—The term ‘Administration’ means 

the Transportation Security Administration. 

‘‘(2) ADMINISTRATOR.—The term ‘Administrator’ means the 

Administrator of the Transportation Security Administration. 
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‘‘(3) PLAN.—The term ‘Plan’ means the strategic 5-year 

technology investment plan developed by the Administrator 

under section 1611. 

‘‘(4) SECURITY-RELATED TECHNOLOGY.—The term ‘securityrelated technology’ means any technology that assists the 

Administration in the prevention of, or defense against, threats 

to United States transportation systems, including threats to 

people, property, and information. 

‘‘Subtitle B—Transportation Security 

Administration Acquisition Improvements 

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

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

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

of the Transportation Security Acquisition Reform Act, develop 

and submit to Congress a strategic 5-year technology investment plan, that may include a classified addendum to report 

sensitive transportation security risks, technology 

vulnerabilities, or other sensitive security information; and 

‘‘(2) to the extent possible, publish the Plan in an unclassified format in the public domain. 

‘‘(b) CONSULTATION.—The Administrator shall develop the Plan 

in consultation with— 

‘‘(1) the Under Secretary for Management; 

‘‘(2) the Under Secretary for Science and Technology; 

‘‘(3) the Chief Information Officer; and 

‘‘(4) the aviation industry stakeholder advisory committee 

established by the Administrator. 

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

under subsection (a)(2) until it has been approved by the Secretary. 

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

‘‘(1) an analysis of transportation security risks and the 

associated capability gaps that would be best addressed by 

security-related technology, including consideration of the most 

recent quadrennial homeland security review under section 707; 

‘‘(2) a set of security-related technology acquisition needs 

that— 

‘‘(A) is prioritized based on risk and associated capability gaps identified under paragraph (1); and 

‘‘(B) includes planned technology programs and projects 

with defined objectives, goals, timelines, and measures; 

‘‘(3) an analysis of current and forecast trends in domestic 

and international passenger travel; 

‘‘(4) an identification of currently deployed security-related 

technologies that are at or near the end of their lifecycles; 

‘‘(5) an identification of test, evaluation, modeling, and 

simulation capabilities, including target methodologies, rationales, and timelines necessary to support the acquisition of the 

security-related technologies expected to meet the needs under 

paragraph (2); 

‘‘(6) an identification of opportunities for public-private 

partnerships, small and disadvantaged company participation, 

intragovernment collaboration, university centers of excellence, 

and national laboratory technology transfer; 
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‘‘(7) an identification of the Administration’s acquisition 

workforce needs for the management of planned securityrelated technology acquisitions, including consideration of 

leveraging acquisition expertise of other Federal agencies; 

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

information security resources, that will be required to protect 

security-related technology from physical or cyber theft, diversion, sabotage, or attack; 

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

Administration’s acquisition process and provide greater 

predictability and clarity to small, medium, and large 

businesses, including the timeline for testing and evaluation; 

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

passengers; 

‘‘(11) a strategy for consulting airport management, air 

carrier representatives, and Federal security directors whenever an acquisition will lead to the removal of equipment at 

airports, and how the strategy for consulting with such officials 

of the relevant airports will address potential negative impacts 

on commercial passengers or airport operations; and 

‘‘(12) in consultation with the National Institutes of Standards and Technology, an identification of security-related technology interface standards, in existence or if implemented, that 

could promote more interoperable passenger, baggage, and 

cargo screening systems. 

‘‘(e) LEVERAGING THE PRIVATE SECTOR.—To the extent possible, 

and in a manner that is consistent with fair and equitable practices, 

the Plan shall— 

‘‘(1) leverage emerging technology trends and research and 

development investment trends within the public and private 

sectors; 

‘‘(2) incorporate private sector input, including from the 

aviation industry stakeholder advisory committee established 

by the Administrator, through requests for information, 

industry days, and other innovative means consistent with 

the Federal Acquisition Regulation; and 

‘‘(3) in consultation with the Under Secretary for Science 

and Technology, identify technologies in existence or in development that, with or without adaptation, are expected to be 

suitable to meeting mission needs. 

‘‘(f) DISCLOSURE.—The Administrator shall include with the 

Plan a list of nongovernment persons that contributed to the writing 

of the Plan. 

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

the Plan is submitted to Congress under subsection (a), and biennially thereafter, the Administrator shall submit to Congress— 

‘‘(1) an update of the Plan; and 

‘‘(2) a report on the extent to which each security-related 

technology acquired by the Administration since the last 

issuance or update of the Plan is consistent with the planned 

technology programs and projects identified under subsection 

(d)(2) for that security-related technology. 

‘‘SEC. 1612. ACQUISITION JUSTIFICATION AND REPORTS. 

‘‘(a) ACQUISITION JUSTIFICATION.—Before the Administration 

implements any security-related technology acquisition, the 

Administrator, in accordance with the Department’s policies and 
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directives, shall determine whether the acquisition is justified by 

conducting an analysis that includes— 

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

to transportation security from those scenarios that would be 

addressed by the security-related technology acquisition; 

‘‘(2) an assessment of how the proposed acquisition aligns 

to the Plan; 

‘‘(3) a comparison of the total expected lifecycle cost against 

the total expected quantitative and qualitative benefits to 

transportation security; 

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

policy or procedure solutions, to determine if the proposed 

security-related technology acquisition is the most effective and 

cost-efficient solution based on cost-benefit considerations; 

‘‘(5) an assessment of the potential privacy and civil liberties implications of the proposed acquisition that includes, 

to the extent practicable, consultation with organizations that 

advocate for the protection of privacy and civil liberties; 

‘‘(6) a determination that the proposed acquisition is consistent with fair information practice principles issued by the 

Privacy Officer of the Department; 

‘‘(7) confirmation that there are no significant risks to 

human health or safety posed by the proposed acquisition; 

and 

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

passengers. 

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

‘‘(1) IN GENERAL.—Not later than the end of the 30-day 

period preceding the award by the Administration of a contract 

for any security-related technology acquisition exceeding 

$30,000,000, the Administrator shall submit to the Committee 

on Commerce, Science, and Transportation of the Senate and 

the Committee on Homeland Security of the House of Representatives— 

‘‘(A) the results of the comprehensive acquisition justification under subsection (a); and 

‘‘(B) a certification by the Administrator that the benefits to transportation security justify the contract cost. 

‘‘(2) EXTENSION DUE TO IMMINENT TERRORIST THREAT.— 

If there is a known or suspected imminent threat to transportation security, the Administrator— 

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

(1) to 5 days to rapidly respond to the threat; and 

‘‘(B) shall immediately notify the Committee on Commerce, Science, and Transportation of the Senate and the 

Committee on Homeland Security of the House of Representatives of the known or suspected imminent threat. 

‘‘SEC. 1613. ACQUISITION BASELINE ESTABLISHMENT AND REPORTS. 

‘‘(a) BASELINE REQUIREMENTS.— 

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

any security-related technology acquisition, the appropriate 

acquisition official of the Department shall establish and document a set of formal baseline requirements. 

‘‘(2) CONTENTS.—The baseline requirements under paragraph (1) shall— 
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‘‘(A) include the estimated costs (including lifecycle 

costs), schedule, and performance milestones for the 

planned duration of the acquisition; 

‘‘(B) identify the acquisition risks and a plan for mitigating those risks; and 

‘‘(C) assess the personnel necessary to manage the 

acquisition process, manage the ongoing program, and support training and other operations as necessary. 

‘‘(3) FEASIBILITY.—In establishing the performance milestones under paragraph (2)(A), the appropriate acquisition official of the Department, to the extent possible and in consultation with the Under Secretary for Science and Technology, 

shall ensure that achieving those milestones is technologically 

feasible. 

‘‘(4) TEST AND EVALUATION PLAN.—The Administrator, in 

consultation with the Under Secretary for Science and Technology, shall develop a test and evaluation plan that describes— 

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

to assess acquired technologies against the performance 

milestones established under paragraph (2)(A); 

‘‘(B) the necessary and cost-effective combination of 

laboratory testing, field testing, modeling, simulation, and 

supporting analysis to ensure that such technologies meet 

the Administration’s mission needs; 

‘‘(C) an efficient planning schedule to ensure that test 

and evaluation activities are completed without undue 

delay; and 

‘‘(D) if commercial aviation passengers are expected 

to interact with the security-related technology, methods 

that could be used to measure passenger acceptance of 

and familiarization with the security-related technology. 

‘‘(5) VERIFICATION AND VALIDATION.—The appropriate 

acquisition official of the Department— 

‘‘(A) subject to subparagraph (B), shall utilize independent reviewers to verify and validate the performance 

milestones and cost estimates developed under paragraph 

(2) for a security-related technology that pursuant to section 1611(d)(2) has been identified as a high priority need 

in the most recent Plan; and 

‘‘(B) shall ensure that the use of independent reviewers 

does not unduly delay the schedule of any acquisition. 

‘‘(6) STREAMLINING ACCESS FOR INTERESTED VENDORS.—The 

Administrator shall establish a streamlined process for an 

interested vendor of a security-related technology to request 

and receive appropriate access to the baseline requirements 

and test and evaluation plans that are necessary for the vendor 

to participate in the acquisitions process for that technology. 

‘‘(b) REVIEW OF BASELINE REQUIREMENTS AND DEVIATION; 

REPORT TO CONGRESS.— ‘‘(1) REVIEW.— 

‘‘(A) IN GENERAL.—The appropriate acquisition official 

of the Department shall review and assess each implemented acquisition to determine if the acquisition is 

meeting the baseline requirements established under subsection (a). 

‘‘(B) TEST AND EVALUATION ASSESSMENT.—The review 

shall include an assessment of whether— 
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‘‘(i) the planned testing and evaluation activities 

have been completed; and 

‘‘(ii) the results of that testing and evaluation demonstrate that the performance milestones are technologically feasible. 

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

finding described in clause (i), (ii), or (iii) of subparagraph 

(A), the Administrator shall submit a report to the Committee 

on Commerce, Science, and Transportation of the Senate and 

the Committee on Homeland Security of the House of Representatives that includes— 

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

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

costs by more than 10 percent; 

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

has been delayed by more than 180 days; or 

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

milestone that directly impacts security effectiveness; 

‘‘(B) the cause for such excessive costs, delay, or failure; 

and 

‘‘(C) a plan for corrective action. 

‘‘SEC. 1614. INVENTORY UTILIZATION. 

‘‘(a) IN GENERAL.—Before the procurement of additional quantities of equipment to fulfill a mission need, the Administrator, 

to the extent practicable, shall utilize any existing units in the 

Administration’s inventory to meet that need. 

‘‘(b) TRACKING OF INVENTORY.— ‘‘(1) IN GENERAL.—The Administrator shall establish a 

process for tracking— 

‘‘(A) the location of security-related equipment in the 

inventory under subsection (a); 

‘‘(B) the utilization status of security-related technology 

in the inventory under subsection (a); and 

‘‘(C) the quantity of security-related equipment in the 

inventory under subsection (a). 

‘‘(2) INTERNAL CONTROLS.—The Administrator shall implement internal controls to ensure up-to-date accurate data on 

security-related technology owned, deployed, and in use. 

‘‘(c) LOGISTICS MANAGEMENT.— 

‘‘(1) IN GENERAL.—The Administrator shall establish logistics principles for managing inventory in an effective and efficient manner. 

‘‘(2) LIMITATION ON JUST-IN-TIME LOGISTICS.—The Administrator may not use just-in-time logistics if doing so— 

‘‘(A) would inhibit necessary planning for large-scale 

delivery of equipment to airports or other facilities; or 

‘‘(B) would unduly diminish surge capacity for response 

to a terrorist threat. 

‘‘SEC. 1615. SMALL BUSINESS CONTRACTING GOALS. 

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

Transportation Security Acquisition Reform Act, and annually 

thereafter, the Administrator shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate 

and the Committee on Homeland Security of the House of Representatives that includes— 
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‘‘(1) the Administration’s performance record with respect 

to meeting its published small-business contracting goals during 

the preceding fiscal year; 

‘‘(2) if the goals described in paragraph (1) were not met 

or the Administration’s performance was below the published 

small-business contracting goals of the Department— 

‘‘(A) a list of challenges, including deviations from the 

Administration’s subcontracting plans, and factors that 

contributed to the level of performance during the preceding 

fiscal year; 

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

each of the challenges identified in subparagraph (A) that— 

‘‘(i) is prepared after consultation with the Secretary of Defense and the heads of Federal departments 

and agencies that achieved their published goals for 

prime contracting with small and minority-owned 

businesses, including small and disadvantaged 

businesses, in prior fiscal years; and 

‘‘(ii) identifies policies and procedures that could 

be incorporated by the Administration in furtherance 

of achieving the Administration’s published goal for 

such contracting; and 

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

plan that was developed in the preceding fiscal year in accordance with paragraph (2)(B), if such a plan was required. 

‘‘SEC. 1616. CONSISTENCY WITH THE FEDERAL ACQUISITION REGULATION AND DEPARTMENTAL POLICIES AND DIRECTIVES. 

‘‘The Administrator shall execute the responsibilities set forth 

in this subtitle in a manner consistent with, and not duplicative 

of, the Federal Acquisition Regulation and the Department’s policies 

and directives.’’. 

(b) CONFORMING AMENDMENT.—The table of contents in section 

1(b) of the Homeland Security Act of 2002 is amended by striking 

the items relating to 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.’’. 

(c) PRIOR AMENDMENTS NOT AFFECTED.—Nothing in this section 

may be construed to affect any amendment made by title XVI 

of the Homeland Security Act of 2002 as in effect before the date 

of enactment of this Act. 

SEC. 4. GOVERNMENT ACCOUNTABILITY OFFICE REPORTS. 

(a) IMPLEMENTATION OF PREVIOUS RECOMMENDATIONS.—Not 

later than 1 year after the date of enactment of this Act, the 

Comptroller General of the United States shall submit a report 

to Congress that contains an assessment of the Transportation 

Security Administration’s implementation of recommendations 
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regarding the acquisition of security-related technology that were 

made by the Government Accountability Office before the date 

of the enactment of this Act. 

(b) IMPLEMENTATION OF SUBTITLE B OF TITLE XVI.—Not later 

than 1 year after the date of enactment of this Act and 3 years 

thereafter, the Comptroller General of the United States shall 

submit a report to Congress that contains an evaluation of the 

Transportation Security Administration’s progress in implementing 

subtitle B of title XVI of the Homeland Security Act of 2002, 

as amended by section 3, including any efficiencies, cost savings, 

or delays that have resulted from such implementation. 

SEC. 5. REPORT ON FEASIBILITY OF INVENTORY TRACKING. 

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

Act, the Administrator of the Transportation Security Administration shall submit a report to Congress on the feasibility of tracking 

security-related technology, including software solutions, of the 

Administration through automated information and data capture 

technologies. 

SEC. 6. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF TSA’S 

TEST AND EVALUATION PROCESS. 

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

Act, the Comptroller General of the United States shall submit 

a report to Congress that includes— 

(1) an evaluation of the Transportation Security Administration’s testing and evaluation activities related to securityrelated technology; 

(2) information on the extent to which— 

(A) the execution of such testing and evaluation activities is aligned, temporally and otherwise, with the Administration’s annual budget request, acquisition needs, planned 

procurements, and acquisitions for technology programs 

and projects; and 

(B) security-related technology that has been tested, 

evaluated, and certified for use by the Administration but 

was not procured by the Administration, including the 

reasons the procurement did not occur; and 

(3) recommendations— 

(A) to improve the efficiency and efficacy of such testing 

and evaluation activities; and 

(B) to better align such testing and evaluation with 

the acquisitions process. 
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SEC. 7. NO ADDITIONAL AUTHORIZATION OF APPROPRIATIONS. 

No additional funds are authorized to be appropriated to carry 

out this Act or the amendments made by this Act. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.