‘‘(5) 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. 
‘‘(d) 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; and 
‘‘(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. 
‘‘(e) 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. 
‘‘(f) UPDATE.—Once every 2 years after the initial 
strategic plan is transmitted to Congress, the Adminis-
trator shall transmit to Congress an update of the plan. 
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‘‘SEC. 1612. ACQUISITION JUSTIFICATION AND REPORTS. 
‘‘(a) ACQUISITION JUSTIFICATION.—Before the Ad-
ministration implements any security-related technology 
acquisition, the Administrator shall conduct a comprehen-
sive analysis to determine whether the acquisition is justi-
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 with the technology acquisition. 
‘‘(2) An assessment of how the proposed acqui-
sition aligns to the multiyear 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) A determination that the means of achiev-
ing such expected benefit to transportation security 
is consistent with fair information practice principles 
issued by the Privacy Officer of the Department. 
‘‘(b) REPORTS AND CERTIFICATION TO CONGRESS.— 
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‘‘(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.— 
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‘‘(1) IN GENERAL.—Before the Administration 
implements any security-related technology acquisi-
tion, the Administrator 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 per-
formance milestones under paragraph (2), the Ad-
ministrator shall, to the extent possible and in con-
sultation with the Under Secretary for Science and 
Technology, ensure that achieving these milestones 
is technologically feasible. 
‘‘(4) TEST AND EVALUATION PLAN.—The Ad-
ministrator, in consultation with the Under Sec-
retary for Science and Technology, shall develop a 
plan for testing and evaluating the acquired tech-
nologies against the performance requirements es-
tablished under paragraph (2). The test and evalua-
tion plan shall describe the necessary and cost-effec-
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tive combination of laboratory testing, field testing, 
modeling, simulation, and supporting analysis to en-
sure that the technologies meet the Administration’s 
mission needs. 
‘‘(5) VERIFICATION
AND
VALIDATION.—The 
Administrator may utilize independent reviewers to 
verify and validate the performance milestones and 
cost estimates developed under paragraph (2). 
‘‘(b) REVIEW
OF BASELINE REQUIREMENTS
AND 
DEVIATION; REPORT TO CONGRESS.— 
‘‘(1) REVIEW.— 
‘‘(A) IN
GENERAL.—The Administrator 
shall review and assess each implemented acqui-
sition to determine if the acquisition is meeting 
the baseline 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.— 
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‘‘(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. 
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