SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Transportation Secu-
rity Acquisition Reform Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The Transportation Security Administration 
(in this Act referred to as ‘‘TSA’’) does not consist-
ently implement Department of Homeland Security 
policies and Government best practices for acquisi-
tion and procurement. 
(2) TSA has not developed a multiyear tech-
nology investment plan. As a result, TSA has under-
utilized innovation opportunities within the private 
sector, including from small businesses. 
(3) Due in part to the deficiencies referred to 
in paragraphs (1) and (2), TSA has faced challenges 
in meeting key performance requirements for several 
major acquisitions and procurements, resulting in 
reduced security effectiveness and wasted expendi-
tures. 
SEC. 3. TRANSPORTATION SECURITY ADMINISTRATION AC-
QUISITION REFORM. 
(a) IN GENERAL.—Title XVI of the Homeland Secu-
rity Act of 2002 (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 ‘Administra-
tion’ means the Transportation Security Administra-
tion. 
‘‘(2) ADMINISTRATOR.—The term ‘Adminis-
trator’ means the Administrator of the Transpor-
tation Security Administration. 
‘‘(3) SECURITY-RELATED
TECHNOLOGY.—The 
term ‘security-related technology’ means any tech-
nology that assists the Administration in the preven-
tion of, or defense against, threats to United States 
transportation systems, including threats to people, 
property, and information. 
‘‘Subtitle B—Transportation Secu-
rity Administration Acquisition 
Improvements 
‘‘SEC. 1611. MULTIYEAR TECHNOLOGY INVESTMENT PLAN. 
‘‘(a) IN GENERAL.—The Administrator— 
‘‘(1) not later than 180 days after the date of 
enactment of the Transportation Security Acquisi-
tion Reform Act, shall develop and transmit to Con-
gress a strategic multiyear technology investment 
plan, which may include a classified addendum to re-
port sensitive transportation security risks, tech-
nology vulnerabilities, or other sensitive security in-
formation; and 
‘‘(2) to the extent possible, shall publish such 
plan in an unclassified format within the public do-
main. 
‘‘(b) CONSULTATION.—The Administrator shall de-
velop the multiyear technology investment plan in con-
sultation with the Under Secretary for Management, the 
Chief Information Officer, and the Under Secretary for 
Science and Technology. 
‘‘(c) APPROVAL.—The Secretary must have approved 
the multiyear technology investment plan before it is pub-
lished under subsection (a)(2). 
‘‘(d) CONTENTS
OF PLAN.—The multiyear tech-
nology investment plan shall include the following: 
‘‘(1) An analysis of transportation security 
risks and the associated technology gaps, including 
consideration of the most recent Quadrennial Home-
land Security Review under section 707. 
‘‘(2) A set of transportation security-related 
technology acquisition needs that—
‘‘(A) is prioritized based on risk and gaps 
identified under paragraph (1); and 
‘‘(B) includes planned technology programs 
and projects with defined objectives, goals, and 
measures. 
‘‘(3) An analysis of current trends in domestic 
and international passenger travel. 
‘‘(4) An identification of currently deployed se-
curity-related technologies that are at or near the 
end of their lifecycle. 
‘‘(5) An identification of test, evaluation, mod-
eling, and simulation capabilities that will be re-
quired to support the acquisition of the security-re-
lated technologies to meet those needs. 
‘‘(6) An identification of opportunities for pub-
lic-private partnerships, small and disadvantaged 
company participation, intragovernment collabora-
tion, university centers of excellence, and national 
laboratory technology transfer. 
‘‘(7) An identification of the Administration’s 
acquisition workforce needs that will be required for 
the management of planned security-related tech-
nology 
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 at-
tack. 
‘‘(9) An identification of initiatives to stream-
line the Administration’s acquisition process and 
provide greater predictability and clarity to small, 
medium, and large businesses, including the timeline 
for testing and evaluation. 
‘‘(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 feedback and input received 
from the private sector through requests for infor-
mation, industry days, and other innovative means 
consistent with the Federal Acquisition Regulation; 
and 
‘‘(3) leverage market research conducted by the 
Under Secretary for Science and Technology to iden-
tify technologies that exist or are in development
that, with or without adaptation, could be utilized to 
meet mission needs. 
‘‘(f) DISCLOSURE.—The Administrator shall include 
with the plan required under this section a list of any non-
government persons that contributed to the writing of the 
plan. 
‘‘(g) UPDATE AND REPORT.—Once every 2 years 
after the initial strategic plan is transmitted to Congress, 
the Administrator shall transmit to Congress an update 
of the plan and a report on the extent to which each secu-
rity-related technology acquired by the Administration 
since the last issuance or update of the plan is consistent 
with the planned technology programs and projects identi-
fied under subsection (d)(2) for that technology. 
‘‘SEC. 1612. ACQUISITION JUSTIFICATION AND REPORTS. 
‘‘(a) ACQUISITION JUSTIFICATION.—Before the Ad-
ministration implements any security-related technology 
acquisition, the Administrator shall, in accordance with 
the Department’s policies and directives, conduct a com-
prehensive analysis to determine whether the acquisition 
is justified. The analysis shall include, but may not be lim-
ited to, the following: 
‘‘(1) An identification of the type and level of 
risk to transportation security that would be ad-
dressed by such technology acquisition.
‘‘(2) An assessment of how the proposed acqui-
sition aligns to the multiyear technology investment 
plan developed under section 1611. 
‘‘(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 solu-
tions to determine if the proposed technology acqui-
sition is the most effective and cost-efficient solution 
based on cost-benefit considerations. 
‘‘(5) An evaluation of the privacy and civil lib-
erties implications of the proposed acquisition, and 
a determination that the proposed acquisition is con-
sistent with fair information practice principles 
issued by the Privacy Officer of the Department. To 
the extent practicable, the evaluation shall include 
consultation with organizations that advocate for the 
protection of privacy and civil liberties. 
‘‘(6) Confirmation that there are no significant 
risks to human health and safety posed by the pro-
posed acquisition. 
‘‘(b) REPORTS AND CERTIFICATION TO CONGRESS.— 
‘‘(1) IN GENERAL.—Not later than the end of 
the 30-day period preceding the award by the Ad-
ministration of a contract for any security-related
technology acquisition exceeding $30,000,000, the 
Administrator shall submit to the Committee on 
Homeland Security of the House of Representatives 
and the Committee on Commerce, Science, and 
Transportation of the Senate the results of the com-
prehensive acquisition analysis required under this 
section and a certification by the Administrator that 
the security benefits justify the contract cost. 
‘‘(2) EXTENSION DUE TO IMMINENT TERRORIST 
THREAT.—If there is a known or suspected immi-
nent threat to transportation security, the Adminis-
trator may reduce the 30-day period under para-
graph (1) to 5 days in order to rapidly respond. 
‘‘(3) NOTICE
TO
CONGRESS.—The Adminis-
trator shall provide immediate notice of such immi-
nent threat to the Committee on Homeland Security 
of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the 
Senate. 
‘‘SEC. 1613. ACQUISITION BASELINE ESTABLISHMENT AND 
REPORTS. 
‘‘(a) BASELINE REQUIREMENTS.— 
‘‘(1) IN GENERAL.—Before the Administration 
implements any security-related technology acquisi-
tion, the appropriate acquisition official of the De-
partment shall establish and document a set of for-
mal baseline requirements. 
‘‘(2) CONTENTS.—The baseline requirements 
shall— 
‘‘(A) include the estimated costs (including 
lifecycle costs), schedule, and performance mile-
stones for the planned duration of the acquisi-
tion; and 
‘‘(B) identify the acquisition risks and a 
plan for mitigating these risks. 
‘‘(3) FEASIBILITY.—In establishing the per-
formance milestones under paragraph (2), the ap-
propriate acquisition official of the Department 
shall, to the extent possible and in consultation with 
the Under Secretary for Science and Technology, en-
sure that achieving these milestones is techno-
logically feasible. 
‘‘(4) TEST AND EVALUATION PLAN.—The Ad-
ministrator, in consultation with the Under Sec-
retary for Science and Technology, shall develop a 
test and evaluation plan that, at a minimum, de-
scribes— 
‘‘(A) the activities that will be required to 
assess acquired technologies against the per-
formance milestones established under para-
graph (2); 
‘‘(B) the necessary and cost-effective com-
bination of laboratory testing, field testing, 
modeling, simulation, and supporting analysis 
to ensure that such technologies meet the Ad-
ministration’s mission needs; and 
‘‘(C) an efficient schedule to ensure that 
test and evaluation activities are completed 
without undue delay. 
‘‘(5) VERIFICATION AND VALIDATION.—The ap-
propriate acquisition official of the Department— 
‘‘(A) subject to subparagraph (B), shall 
utilize independent reviewers to verify and vali-
date the performance milestones and cost esti-
mates developed under paragraph (2) for a se-
curity-related technology that pursuant to sec-
tion 1611(d)(2) has been identified as a high 
priority need in the most recent multiyear tech-
nology investment plan; and 
‘‘(B) shall ensure that the utilization 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 se-
curity-related technology to request and receive ap-
propriate access to the baseline requirements and 
test and evaluation plans that are necessary for the 
vendor to participate in the acquisitions process for 
such technology. 
‘‘(b) REVIEW
OF BASELINE REQUIREMENTS
AND 
DEVIATION; REPORT TO CONGRESS.— 
‘‘(1) REVIEW.— 
‘‘(A) IN GENERAL.—The appropriate ac-
quisition official of the Department shall review 
and assess each implemented acquisition to de-
termine if the acquisition is meeting the base-
line requirements established under subsection 
(a). 
‘‘(B) TEST
AND
EVALUATION
ASSESS-
MENT.—The review shall include an assessment 
of whether the planned testing and evaluation 
activities have been completed and the results 
of such testing and evaluation demonstrate that 
the performance milestones are technologically 
feasible. 
‘‘(2) REPORT.— 
‘‘(A) IN
GENERAL.—The Administrator 
shall report to the Committee on Homeland Se-
curity of the House of Representatives and the 
Committee on Commerce, Science, and Trans-
portation of the Senate the results of any as-
sessment that finds that— 
‘‘(i) the actual or planned costs exceed 
the baseline costs by more than 10 per-
cent; 
‘‘(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 im-
pacts security effectiveness. 
‘‘(B) CAUSE.—The report shall include the 
cause for such excessive costs, delay, or failure, 
and a plan for corrective action. 
‘‘(C) TIMELINESS.—The report required 
under this section shall be provided to the Com-
mittee on Homeland Security of the House of 
Representatives and the Committee on Com-
merce, Science, and Transportation of the Sen-
ate no later than 30 days after identifying such 
excessive costs, delay, or failure.
‘‘SEC. 1614. INVENTORY UTILIZATION. 
‘‘(a) IN GENERAL.—Before the procurement of addi-
tional quantities of equipment to fulfill a mission need, 
the Administrator shall, to the extent practicable, utilize 
any existing units in the Administration’s inventory to 
meet that need. 
‘‘(b) TRACKING OF INVENTORY.— 
‘‘(1) LOCATION.—The Administrator shall es-
tablish a process for tracking the location of secu-
rity-related equipment in such inventory. 
‘‘(2) UTILIZATION.—The Administrator shall— 
‘‘(A) establish a process for tracking the 
utilization status of security-related technology 
in such inventory; and 
‘‘(B) implement internal controls to ensure 
accurate data on security-related technology 
utilization. 
‘‘(3) QUANTITY.—The Administrator shall es-
tablish a process for tracking the quantity of secu-
rity-related equipment in such inventory. 
‘‘(c) LOGISTICS MANAGEMENT.— 
‘‘(1) IN GENERAL.—The Administrator shall es-
tablish logistics principles for managing inventory in 
an effective and efficient manner.
‘‘(2) LIMITATION
ON
JUST-IN-TIME
LOGIS-
TICS.—The Administrator may not use just-in-time 
logistics if doing so would— 
‘‘(A) inhibit necessary planning for large- 
scale delivery of equipment to airports or other 
facilities; or 
‘‘(B) 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 
to the Committee on Homeland Security of the House of 
Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report that 
includes the following: 
‘‘(1) A restatement of the Administration’s pub-
lished goals for contracting with small businesses, 
including small and disadvantaged businesses, and 
the Administration’s performance record with re-
spect to meeting those goals during the preceding 
fiscal year. 
‘‘(2) If such goals were not met, or the Admin-
istration’s performance was below the published 
goals of the Department, an itemized list of chal-
lenges, including deviations from the Administra-
tion’s subcontracting plans and the extent to which 
contract bundling was a factor, that contributed to 
the level of performance during the preceding fiscal 
year. 
‘‘(3) An action plan, with benchmarks, for ad-
dressing each of the challenges identified in para-
graph (2), prepared after consultation with the Sec-
retary of Defense and the heads of Federal depart-
ments 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, to identify policies 
and procedures that could be incorporated at the 
Administration in furtherance of achieving the Ad-
ministration’s published goal for such contracting. 
‘‘(4) The status of implementing such action 
plan that was developed in the preceding fiscal year 
in accordance with paragraph (3). 
‘‘SEC. 1616. CONSISTENCY WITH THE FEDERAL ACQUISI-
TION 
REGULATION 
AND 
DEPARTMENTAL 
POLICIES AND DIRECTIVES. 
‘‘The Administrator shall execute 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) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act 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. 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 depart-
mental policies and directives.’’. 
(c) PRIOR AMENDMENTS NOT AFFECTED.—This sec-
tion shall not be construed to affect any amendment made 
by title XVI of such Act as in effect before the date of 
enactment of this Act. 
SEC. 4. GOVERNMENT ACCOUNTABILITY OFFICE REPORTS. 
(a) IMPLEMENTATION OF PREVIOUS RECOMMENDA-
TIONS.—Not later than 1 year after the date of enactment 
of this Act, the Comptroller General of the United States 
shall assess and report to Congress on implementation by 
the Transportation Security Administration of rec-
ommendations regarding the acquisition of technology that 
were made by the Government Accountability Office before 
the date of 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 Gen-
eral of the United States shall evaluate and report to Con-
gress the Transportation Security Administration’s 
progress in implementing subtitle B of title XVI of the 
Homeland Security Act of 2002 (116 Stat. 2312), as 
amended by this Act (including provisions added to such 
subtitle after the date of enactment of this Act), including 
any efficiencies, cost savings, or delays that have resulted 
from such implementation. 
SEC. 5. REPORT ON FEASIBILITY OF INVENTORY TRACK-
ING. 
Not later than 90 days after the date of enactment 
of this Act, the Administrator of the Transportation Secu-
rity Administration shall report to Congress on the feasi-
bility of tracking transportation security-related tech-
nology of the Administration through automated informa-
tion 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 the enactment 
of this Act, the Comptroller General of the United States 
shall evaluate and report to Congress on the Transpor-
tation Security Administration’s testing and evaluation ac-