I 

113TH CONGRESS 

1ST SESSION H. R. 2719 

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 HOUSE OF REPRESENTATIVES 

JULY 18, 2013 

Mr. HUDSON (for himself, Mr. MCCAUL, Mr. THOMPSON of Mississippi, and 

Mr. RICHMOND) introduced the following bill; which was referred to the 

Committee on Homeland Security 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Transportation Secu5 rity Acquisition Reform Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


tjames on DSK6SPTVN1PROD with BILLS
2 

•HR 2719 IH

1 (1) The Transportation Security Administration 

2 (in this Act referred to as ‘‘TSA’’) does not consist3 ently implement Department of Homeland Security 

4 policies and Government best practices for acquisi5 tion and procurement. 

6 (2) TSA has not developed a multiyear tech7 nology acquisition plan. As a result, TSA has under8 utilized innovation opportunities within the private 

9 sector, including from small businesses. 

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

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

12 in meeting key performance requirements for several 

13 major acquisitions and procurements, resulting in 

14 reduced security effectiveness and wasted expendi15 tures. 

16 SEC. 3. TRANSPORTATION SECURITY ADMINISTRATION AC17 QUISITION REFORM. 

18 (a) IN GENERAL.—Title XVI of the Homeland Secu19 rity Act of 2002 (116 Stat. 2312) is amended to read as 

20 follows: 

21 ‘‘TITLE XVI—TRANSPORTATION 

22 SECURITY 

23 ‘‘Subtitle A—General Provisions 

24 ‘‘SEC. 1601. DEFINITIONS. 

25 ‘‘In this title: 


tjames on DSK6SPTVN1PROD with BILLS
3 

•HR 2719 IH

1 ‘‘(1) ADMINISTRATION.—The term ‘Administra2 tion’ means the Transportation Security Administra3 tion. 

4 ‘‘(2) ADMINISTRATOR.—The term ‘Adminis5 trator’ means the Administrator of the Transpor6 tation Security Administration. 

7 ‘‘Subtitle B—Transportation Secu8 rity Administration Acquisition 

9 Improvements 

10 ‘‘SEC. 1611. MULTIYEAR TECHNOLOGY ACQUISITION PLAN. 

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

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

13 enactment of the Transportation Security Acquisi14 tion Reform Act, shall develop and transmit to Con15 gress a strategic multiyear technology acquisition 

16 plan, which may include a classified addendum to re17 port sensitive transportation security risks, tech18 nology vulnerabilities, or other sensitive security in19 formation; and 

20 ‘‘(2) to the extent possible, shall publish such 

21 plan in an unclassified format within the public do22 main. 

23 ‘‘(b) CONSULTATION.—The Administrator shall de24 velop the multiyear acquisition plan in consultation with 

25 the Under Secretary for Management, the Chief InformaVerDate Mar 15 2010 02:10 Jul 20, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2719.IH H2719

tjames on DSK6SPTVN1PROD with BILLS
4 

•HR 2719 IH

1 tion Officer, and the Under Secretary for Science and 

2 Technology. 

3 ‘‘(c) CONTENTS OF PLAN.—The multiyear acquisi4 tion plan shall include the following: 

5 ‘‘(1) An analysis of transportation security 

6 risks and the associated technology gaps, including 

7 consideration of the most recent Quadrennial Home8 land Security Review under section 707. 

9 ‘‘(2) A set of transportation security-related 

10 technology acquisition needs that— 

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

12 identified under paragraph (1); and 

13 ‘‘(B) includes technology acquisition road14 maps with defined objectives, goals, and meas15 ures. 

16 ‘‘(3) An identification of test, evaluation, mod17 eling, and simulation capabilities that will be re18 quired to support the acquisition of the security-re19 lated technologies to meet those needs. 

20 ‘‘(4) An identification of opportunities for pub21 lic-private partnerships, small and disadvantaged 

22 company participation, intragovernment collabora23 tion, university centers of excellence, and national 

24 laboratory technology transfer. 


tjames on DSK6SPTVN1PROD with BILLS
5 

•HR 2719 IH

1 ‘‘(5) An identification of the Administration’s 

2 acquisition workforce needs that will be required for 

3 the management of planned security-related tech4 nology acquisitions, including consideration of 

5 leveraging acquisition expertise of other Federal 

6 agencies. 

7 ‘‘(d) LEVERAGING THE PRIVATE SECTOR.—To the 

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

9 fair and equitable practices, the plan shall— 

10 ‘‘(1) leverage emerging technology trends and 

11 research and development investment trends within 

12 the public and private sectors; and 

13 ‘‘(2) incorporate feedback and input received 

14 from the private sector through requests for infor15 mation, industry days, and other innovative means 

16 consistent with the Federal Acquisition Regulation. 

17 ‘‘(e) DISCLOSURE.—The Administrator shall include 

18 with the plan required under this section a list of any non19 government persons that contributed to the writing of the 

20 plan. 

21 ‘‘(f) UPDATE.—Once every 2 years after the initial 

22 strategic plan is transmitted to Congress, the Adminis23 trator shall transmit to Congress an update of the plan. 


tjames on DSK6SPTVN1PROD with BILLS
6 

•HR 2719 IH

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

2 ‘‘(a) ACQUISITION JUSTIFICATION.—Before the Ad3 ministration implements any security-related technology 

4 acquisition, the Administrator shall conduct a comprehen5 sive analysis to determine whether the acquisition is justi6 fied. The analysis shall include, but may not be limited 

7 to, the following: 

8 ‘‘(1) An identification of the type and level of 

9 risk to transportation security that would be ad10 dressed with the technology acquisition. 

11 ‘‘(2) An assessment of how the proposed acqui12 sition aligns to the multiyear plan developed under 

13 section 1611. 

14 ‘‘(3) A comparison of the total expected 

15 lifecycle cost against the total expected quantitative 

16 and qualitative benefits to transportation security. 

17 ‘‘(4) An analysis of alternative security solu18 tions to determine if the proposed technology acqui19 sition is the most effective and cost-efficient solution 

20 based on cost-benefit considerations. 

21 ‘‘(5) A determination that the means of achiev22 ing such expected benefit to transportation security 

23 is consistent with fair information practice principles 

24 issued by the Privacy Officer of the Department. 

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


tjames on DSK6SPTVN1PROD with BILLS
7 

•HR 2719 IH

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 Homeland Security of the House of Representatives 

7 and the Committee on Commerce, Science, and 

8 Transportation of the Senate the results of the com9 prehensive acquisition analysis required under this 

10 section and a certification by the Administrator that 

11 the security benefits justify the contract cost. 

12 ‘‘(2) EXTENSION DUE TO IMMINENT TERRORIST

13 THREAT.—If there is a known or suspected immi14 nent threat to transportation security, the Adminis15 trator may reduce the 30-day period under para16 graph (1) to 5 days in order to rapidly respond. 

17 ‘‘(3) NOTICE TO CONGRESS.—The Adminis18 trator shall provide immediate notice of such immi19 nent threat to the Committee on Homeland Security 

20 of the House of Representatives and the Committee 

21 on Commerce, Science, and Transportation of the 

22 Senate. 

23 ‘‘SEC. 1613. ACQUISITION BASELINE ESTABLISHMENT AND 

24 REPORTS. 

25 ‘‘(a) BASELINE REQUIREMENTS.— 


tjames on DSK6SPTVN1PROD with BILLS
8 

•HR 2719 IH

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

2 implements any security-related technology acquisi3 tion, the Administrator shall establish and document 

4 a set of formal baseline requirements. 

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

6 shall— 

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

8 lifecycle costs), schedule, and performance mile9 stones for the planned duration of the acquisi10 tion; and 

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

12 plan for mitigating these risks. 

13 ‘‘(3) FEASIBILITY.—In establishing the per14 formance milestones under paragraph (2), the Ad15 ministrator shall, to the extent possible and in con16 sultation with the Under Secretary for Science and 

17 Technology, ensure that achieving these milestones 

18 is technologically feasible. 

19 ‘‘(4) TEST AND EVALUATION PLAN.—The Ad20 ministrator, in consultation with the Under Sec21 retary for Science and Technology, shall develop a 

22 plan for testing and evaluating the acquired tech23 nologies against the performance requirements es24 tablished under paragraph (2). The test and evalua25 tion plan shall describe the necessary and cost-effecVerDate Mar 15 2010 02:10 Jul 20, 2013 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2719.IH H2719

tjames on DSK6SPTVN1PROD with BILLS
9 

•HR 2719 IH

1 tive combination of laboratory testing, field testing, 

2 modeling, simulation, and supporting analysis to en3 sure that the technologies meet the Administration’s 

4 mission needs. 

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

6 Administrator may utilize independent reviewers to 

7 verify and validate the performance milestones and 

8 cost estimates developed under paragraph (2). 

9 ‘‘(b) REVIEW OF BASELINE REQUIREMENTS AND

10 DEVIATION; REPORT TO CONGRESS.— 

11 ‘‘(1) REVIEW.— 

12 ‘‘(A) IN GENERAL.—The Administrator 

13 shall review and assess each implemented acqui14 sition to determine if the acquisition is meeting 

15 the baseline requirements established under 

16 subsection (a). 

17 ‘‘(B) TEST AND EVALUATION ASSESS18 MENT.—The review shall include an assessment 

19 of whether the planned testing and evaluation 

20 activities have been completed and the results 

21 of such testing and evaluation demonstrate that 

22 the performance milestones are technologically 

23 feasible. 

24 ‘‘(2) REPORT.— 


tjames on DSK6SPTVN1PROD with BILLS
10 

•HR 2719 IH

1 ‘‘(A) IN GENERAL.—The Administrator 

2 shall report to the Committee on Homeland Se3 curity of the House of Representatives and the 

4 Committee on Commerce, Science, and Trans5 portation of the Senate the results of any as6 sessment that finds that— 

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

8 the baseline costs by more than 10 per9 cent; 

10 ‘‘(ii) the actual or planned schedule 

11 for delivery has been delayed by more than 

12 180 days; or 

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

14 performance milestone that directly im15 pacts security effectiveness. 

16 ‘‘(B) CAUSE.—The report shall include the 

17 cause for such excessive costs, delay, or failure, 

18 and a plan for corrective action. 

19 ‘‘(C) TIMELINESS.—The report required 

20 under this section shall be provided to the Com21 mittee on Homeland Security of the House of 

22 Representatives and the Committee on Com23 merce, Science, and Transportation of the Sen24 ate no later than 30 days after identifying such 

25 excessive costs, delay, or failure. 


tjames on DSK6SPTVN1PROD with BILLS
11 

•HR 2719 IH

1 ‘‘SEC. 1614. INVENTORY UTILIZATION. 

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

4 the Administrator shall, to the extent practicable, utilize 

5 any existing units in the Administration’s inventory to 

6 meet that need. 

7 ‘‘(b) TRACKING OF INVENTORY.—The Administrator 

8 shall establish a process for tracking the location, utiliza9 tion status, and quantity of security-related equipment in 

10 such inventory. 

11 ‘‘(c) LOGISTICS MANAGEMENT.— 

12 ‘‘(1) IN GENERAL.—The Administrator shall es13 tablish logistics principles for managing inventory in 

14 an effective and efficient manner. 

15 ‘‘(2) LIMITATION ON JUST-IN-TIME LOGIS16 TICS.—The Administrator may not use just-in-time 

17 logistics if doing so would— 

18 ‘‘(A) inhibit necessary planning for large19 scale delivery of equipment to airports or other 

20 facilities; or 

21 ‘‘(B) unduly diminish surge capacity for 

22 response to a terrorist threat. 

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

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

25 of the Transportation Security Acquisition Reform Act, 

26 and annually, the Administrator shall submit to the ComVerDate Mar 15 2010 02:10 Jul 20, 2013 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2719.IH H2719

tjames on DSK6SPTVN1PROD with BILLS
12 

•HR 2719 IH

1 mittee on Homeland Security of the House of Representa2 tives and the Committee on Commerce, Science, and 

3 Transportation of the Senate a report that includes the 

4 following: 

5 ‘‘(1) A restatement of the Administration’s pub6 lished goals for contracting with small and disadvan7 taged businesses and the Administration’s perform8 ance record with respect to meeting those goals dur9 ing the preceding fiscal year. 

10 ‘‘(2) If such goals were not met, or the Admin11 istration’s performance was below the published 

12 goals of the Department, an itemized list of chal13 lenges that contributed to the level of performance 

14 during the preceding fiscal year. 

15 ‘‘(3) An action plan, with benchmarks, for ad16 dressing each of the challenges identified in para17 graph (2). 

18 ‘‘(4) The status of implementing such action 

19 plan that was developed in the preceding fiscal year 

20 in accordance with paragraph (3). 

21 ‘‘SEC. 1616. CONSISTENCY WITH THE FEDERAL ACQUISI22 TION REGULATION AND DEPARTMENTAL 

23 POLICIES AND DIRECTIVES. 

24 ‘‘The Administrator shall execute responsibilities set 

25 forth in this subtitle in a manner consistent with, and not 


tjames on DSK6SPTVN1PROD with BILLS
13 

•HR 2719 IH

1 duplicative of, the Federal Acquisition Regulation and the 

2 Department’s acquisition policies and directives.’’. 

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

4 in section 1(b) of such Act is amended by striking the 

5 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. Multiyear technology acquisition 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.’’. 

6 (c) PRIOR AMENDMENTS NOT AFFECTED.—This sec7 tion shall not be construed to affect any amendment made 

8 by title XVI of such Act as in effect before the date of 

9 enactment of this Act. 

10 SEC. 4. GOVERNMENT ACCOUNTABILITY OFFICE REPORT. 

11 Not later than 1 year after the date of enactment 

12 of this Act and 3 years thereafter, the Comptroller Gen13 eral of the United States shall evaluate and report to Con14 gress the Transportation Security Administration’s 

15 progress in implementing subtitle B of title XVI of the 

16 Homeland Security Act of 2002 (116 Stat. 2312), as 

17 amended by this Act (including provisions added to such 

18 subtitle after the date of enactment of this Act). 


tjames on DSK6SPTVN1PROD with BILLS
14 

•HR 2719 IH

1 SEC. 5. NO ADDITIONAL AUTHORIZATION OF APPROPRIA2 TIONS. 

3 No additional funds are authorized to be appro4 priated to carry out this Act and the amendments made 

5 by this Act, and this Act and such amendments shall be 

6 carried out using amounts otherwise available for such 

7 purpose. 

Æ 


tjames on DSK6SPTVN1PROD with BILLS