341 
(4) the aviation stakeholder advisory committee established by the 
Administrator. 
(c) CONTENTS.—The Plan shall include— 
(1) an analysis of transportation security risks and the associated ca-
pability gaps that would be best addressed by security-related tech-
nology, including consideration of the most recent quadrennial home-
land security review under section 11506 of this title; 
(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 de-
fined objectives, goals, timelines, and measures; 
(3) an analysis of current and forecast trends in domestic and inter-
national passenger travel; 
(4) an identification of currently deployed security-related tech-
nologies that are at or near the end of their lifecycles; 
(5) an identification of test, evaluation, modeling, and simulation ca-
pabilities, including target methodologies, rationales, and timelines nec-
essary to support the acquisition of the security-related technologies ex-
pected to meet the needs under paragraph (2); 
(6) an identification of opportunities for public-private partnerships, 
small and disadvantaged company participation, intragovernment col-
laboration, university centers of excellence, and national laboratory 
technology transfer; 
(7) an identification of the Transportation Security Administration’s 
acquisition workforce needs for the management of planned security- 
related 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 tech-
nology from physical or cyber theft, diversion, sabotage, or attack; 
(9) an identification of initiatives to streamline the Transportation 
Security Administration’s acquisition process and provide greater pre-
dictability and clarity to small, medium, and large businesses, including 
the timelines for testing and evaluation; 
(10) an assessment of the impact to commercial aviation passengers; 
(11) a strategy for consulting airport management, air carrier rep-
resentatives, and Federal security directors when an acquisition will 
lead to the removal of equipment at airports, and how the strategy for 
consulting with those officials of the relevant airports will address po-
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tential negative impacts on commercial passengers or airport oper-
ations; and 
(12) in consultation with the National Institute 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. 
(d) LEVERAGING THE PRIVATE SECTOR.—To the extent practicable, and 
in a manner that is consistent with fair and equitable practices, the Plan 
shall— 
(1) leverage emerging technology trends and research and develop-
ment investment trends in the public and private sectors; 
(2) incorporate private-sector input, including from the aviation in-
dustry stakeholder advisory committee established by the Adminis-
trator, through requests for information, industry days, and other inno-
vative means consistent with the Federal Acquisition Regulation; and 
(3) in consultation with the Under Secretary for Science and Tech-
nology, identify technologies in existence or in development that, with 
or without adaptation, are expected to be suitable to meeting mission 
needs. 
(e) DISCLOSURE.—The Administrator shall include with the Plan a list 
of nongovernment persons that contributed to the writing of the Plan. 
(f) UPDATE AND REPORT.—Beginning 2 years after the date the Plan 
is submitted to Congress under subsection (a), and biennially afterwards, 
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 
the Transportation Security Administration has acquired since the last 
issuance or update of the Plan is consistent with the planned tech-
nology programs and projects identified under subsection (c)(2) for 
that security-related technology. 
§ 11333. Acquisition justification and reports and certifi-
cation 
(a) ACQUISITION JUSTIFICATION.—Before the Transportation Security 
Administration implements any security-related technology acquisition, the 
Administrator, in accordance with the Department’s policies and directives, 
shall determine whether the acquisition is justified by conducting an anal-
ysis that includes— 
(1) an identification of the scenarios and level of risk to transpor-
tation security from those scenarios that would be addressed by the se-
curity-related technology acquisition; 
(2) an assessment of how the proposed acquisition aligns to the Plan; 
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(3) a comparison of the total expected lifecycle cost against the total 
expected quantitative and qualitative benefits to transportation secu-
rity; 
(4) an analysis of alternative security solutions, including policy or 
procedure solutions, to determine if the proposed security-related tech-
nology acquisition is the most effective and cost-efficient solution based 
on cost-benefit considerations; 
(5) an assessment of the potential privacy and civil liberties implica-
tions of the proposed acquisition that includes, to the extent prac-
ticable, 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.— 
(1) IN GENERAL.—Not later than the end of the 30-day period pre-
ceding the award by the Transportation Security 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 Com-
mittee 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) REDUCTION 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. 
§ 11334. Baseline establishment and reports 
(a) BASELINE REQUIREMENTS.– 
(1) IN GENERAL.—Before the Transportation Security Administra-
tion implements any security-related technology acquisition, the appro-
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priate acquisition official of the Department shall establish and docu-
ment a set of formal baseline requirements. The requirements shall— 
(A) include the estimated costs (including lifecycle costs), sched-
ule, 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. 
(2) FEASIBILITY.—In establishing the performance milestones under 
paragraph (1)(A), the appropriate acquisition official of the Depart-
ment, to the extent possible and in consultation with the Under Sec-
retary for Science and Technology, shall ensure that achieving those 
milestones is technologically feasible. 
(3) TEST AND EVALUATION PLAN.—The Administrator, in consulta-
tion with the Under Secretary for Science and Technology, shall de-
velop a test and evaluation plan that describes— 
(A) the activities that are expected to be required to assess ac-
quired technologies against the performance milestones established 
under paragraph (1)(A); 
(B) the necessary and cost-effective combination of laboratory 
testing, field testing, modeling, simulation, and supporting analysis 
to ensure that the technologies meet the Transportation Security 
Administration’s mission needs; 
(C) an efficient planning schedule to ensure that test and eval-
uation 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 ensure passenger acceptance of and familiarization with the se-
curity-related technology. 
(4) VERIFICATION AND VALIDATION.—The appropriate acquisition 
official of the Department— 
(A) subject to subparagraph (B), shall utilize independent re-
views to verify and validate the performance milestones and cost 
estimates developed under paragraph (1) for a security-related 
technology that pursuant to section 11332(c)(2) of this title 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. 
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