IB 
Union Calendar No. 196 
113TH CONGRESS 
1ST SESSION H. R. 2719 
[Report No. 113–275] 
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 
NOVEMBER 21, 2013 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on July 18, 2013] 
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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. 
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Be it enacted by the Senate and House of Representa-
tives 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 
(in this Act referred to as ‘‘TSA’’) does not consist-
ently implement Department of Homeland Security 
policies and Government best practices for acquisition 
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 re-
duced security effectiveness and wasted expenditures. 
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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. 
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‘‘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 en-
actment of the Transportation Security Acquisition 
Reform Act, shall develop and transmit to Congress a 
strategic multiyear technology investment plan, which 
may include a classified addendum to report sensitive 
transportation 
security 
risks, 
technology 
vulnerabilities, or other sensitive security informa-
tion; 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 consulta-
tion 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). 
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‘‘(d) CONTENTS OF PLAN.—The multiyear technology 
investment plan shall include the following: 
‘‘(1) An analysis of transportation security risks 
and the associated technology gaps, including consid-
eration of the most recent Quadrennial Homeland Se-
curity Review under section 707. 
‘‘(2) A set of transportation security-related tech-
nology 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-
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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 agen-
cies. 
‘‘(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 stream-
line the Administration’s acquisition process and pro-
vide greater predictability and clarity to small, me-
dium, and large businesses, including the timeline for 
testing and evaluation. 
‘‘(e) LEVERAGING THE PRIVATE SECTOR.—To the ex-
tent possible, and in a manner that is consistent with fair 
and equitable practices, the plan shall— 
‘‘(1) leverage emerging technology trends and re-
search and development investment trends within the 
public and private sectors; 
‘‘(2) incorporate feedback and input received 
from the private sector through requests for informa-
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tion, industry days, and other innovative means con-
sistent 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 Ad-
ministrator shall transmit to Congress an update of the 
plan and a report on the extent to which each security-re-
lated 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 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 comprehen-
sive analysis to determine whether the acquisition is justi-
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fied. The analysis shall include, but may not be limited 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 acquisi-
tion 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 quali-
tative benefits to transportation security. 
‘‘(4) An analysis of alternative security solutions 
to determine if the proposed technology acquisition 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. 
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‘‘(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 Adminis-
tration of a contract for any security-related tech-
nology acquisition exceeding $30,000,000, the Admin-
istrator shall submit to the Committee on Homeland 
Security of the House of Representatives and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate the results of the comprehensive 
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 imminent 
threat to transportation security, the Administrator 
may reduce the 30-day period under paragraph (1) to 
5 days in order to rapidly respond. 
‘‘(3) NOTICE TO CONGRESS.—The Administrator 
shall provide immediate notice of such imminent 
threat to the Committee on Homeland Security of the 
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate. 
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‘‘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 formal 
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 perform-
ance milestones under paragraph (2), the appropriate 
acquisition official of the Department shall, to the ex-
tent possible and in consultation with the Under Sec-
retary for Science and Technology, ensure that 
achieving these milestones is technologically feasible. 
‘‘(4) TEST AND EVALUATION PLAN.—The Admin-
istrator, in consultation with the Under Secretary for 
Science and Technology, shall develop a test and eval-
uation plan that, at a minimum, describes— 
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‘‘(A) the activities that will be required to 
assess acquired technologies against the perform-
ance milestones established under paragraph (2); 
‘‘(B) the necessary and cost-effective com-
bination of laboratory testing, field testing, mod-
eling, simulation, and supporting analysis to en-
sure that such technologies meet the Administra-
tion’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 uti-
lize independent reviewers to verify and validate 
the performance milestones and cost estimates de-
veloped under paragraph (2) for a security-re-
lated technology that pursuant to section 
1611(d)(2) has been identified as a high priority 
need in the most recent multiyear technology in-
vestment plan; and 
‘‘(B) shall ensure that the utilization of 
independent reviewers does not unduly delay the 
schedule of any acquisition. 
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‘‘(6) STREAMLINING
ACCESS
FOR
INTERESTED 
VENDORS.—The Administrator shall establish a 
streamlined process for an interested vendor of a secu-
rity-related technology to request and receive appro-
priate access to the baseline requirements and test 
and evaluation plans that are necessary for the ven-
dor to participate in the acquisitions process for such 
technology. 
‘‘(b) REVIEW OF BASELINE REQUIREMENTS AND DEVI-
ATION; REPORT TO CONGRESS.— 
‘‘(1) REVIEW.— 
‘‘(A) IN GENERAL.—The appropriate acqui-
sition official of the Department shall review and 
assess each implemented acquisition to determine 
if the acquisition is meeting the baseline require-
ments 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 fea-
sible. 
‘‘(2) REPORT.— 
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‘‘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 estab-
lish a process for tracking the location of security-re-
lated equipment in such inventory. 
‘‘(2) UTILIZATION.—The Administrator shall— 
‘‘(A) establish a process for tracking the uti-
lization status of security-related technology in 
such inventory; and 
‘‘(B) implement internal controls to ensure 
accurate data on security-related technology uti-
lization. 
‘‘(3) QUANTITY.—The Administrator shall estab-
lish a process for tracking the quantity of security-re-
lated 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. 
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‘‘(2) LIMITATION ON JUST-IN-TIME LOGISTICS.— 
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 re-
sponse 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 Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report that includes the fol-
lowing: 
‘‘(1) A restatement of the Administration’s pub-
lished goals for contracting with small businesses, in-
cluding small and disadvantaged businesses, and the 
Administration’s performance record with respect to 
meeting those goals during the preceding fiscal year. 
‘‘(2) If such goals were not met, or the Adminis-
tration’s performance was below the published goals of 
the Department, an itemized list of challenges, includ-
ing deviations from the Administration’s subcon-
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tracting plans and the extent to which contract bun-
dling was a factor, that contributed to the level of per-
formance 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 Ad-
ministration in furtherance of achieving the Adminis-
tration’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.’’. 
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(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 enact-
ment 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 General 
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of the United States shall evaluate and report to Congress 
the Transportation Security Administration’s progress in 
implementing subtitle B of title XVI of the Homeland Secu-
rity 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 implementa-
tion. 
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 report to Congress on the feasibility 
of tracking transportation security-related technology 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 the enactment 
of this Act, the Comptroller General of the United States 
shall evaluate and report to Congress on the Transportation 
Security Administration’s testing and evaluation activities 
related to security-related technologies. The report shall in-
clude— 
(1) information on the extent to which — 
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(A) the execution of such testing and eval-
uation activities is aligned, temporally and oth-
erwise, with the Administration’s acquisition 
needs, planned procurements, and acquistions for 
technology programs and projects; and 
(B) the extent to which security-related tech-
nologies that have been tested, evaluated, and 
certified for use by the Administration are not 
procured by the Administration, including infor-
mation about why that occurs; and 
(2) recommendations to— 
(A) improve the efficiency and efficacy of 
such testing and evaluation activities; and 
(B) better align such testing and evaluation 
with the acquisitions process. 
SEC. 7. NO ADDITIONAL AUTHORIZATION OF APPROPRIA-
TIONS. 
No additional funds are authorized to be appropriated 
to carry out this Act and the amendments made by this 
Act, and this Act and such amendments shall be carried 
out using amounts otherwise available for such purpose. 
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Union Calendar No. 196 
113TH CONGRESS 
1ST SESSION 
H. R. 2719 
[Report No. 113–275] 
A BILL 
To require the Transportation Security Administra-
tion to implement best practices and improve 
transparency with regard to technology acquisi-
tion programs, and for other purposes. 
NOVEMBER 21, 2013 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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