H. R. 2719 
One Hundred Thirteenth Congress 
of the 
United States of America 
AT THE SECOND SESSION 
Begun and held at the City of Washington on Friday, 
the third day of January, two thousand and fourteen 
An Act 
To require the Transportation Security Administration to implement best practices 
and improve transparency with regard to technology acquisition programs, and 
for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Transportation Security Acquisi-
tion Reform Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The Transportation Security Administration has not 
consistently implemented Department of Homeland Security 
policies and Government best practices for acquisition and 
procurement. 
(2) The Transportation Security Administration has only 
recently developed a multiyear technology investment plan, 
and has underutilized innovation opportunities within the pri-
vate sector, including from small businesses. 
(3) The Transportation Security Administration has faced 
challenges in meeting key performance requirements for several 
major acquisitions and procurements, resulting in reduced secu-
rity effectiveness and wasted expenditures. 
SEC. 3. TRANSPORTATION SECURITY ADMINISTRATION ACQUISITION 
REFORM. 
(a) IN GENERAL.—Title XVI of the Homeland Security Act of 
2002 (Public Law 107–296; 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 ‘Administration’ means 
the Transportation Security Administration. 
‘‘(2) ADMINISTRATOR.—The term ‘Administrator’ means the 
Administrator of the Transportation Security Administration.
H. R. 2719—2 
‘‘(3) PLAN.—The term ‘Plan’ means the strategic 5-year 
technology investment plan developed by the Administrator 
under section 1611. 
‘‘(4) SECURITY-RELATED TECHNOLOGY.—The term ‘security- 
related technology’ means any technology that assists the 
Administration in the prevention of, or defense against, threats 
to United States transportation systems, including threats to 
people, property, and information. 
‘‘Subtitle B—Transportation Security 
Administration Acquisition Improvements 
‘‘SEC. 1611. 5-YEAR TECHNOLOGY INVESTMENT PLAN. 
‘‘(a) IN GENERAL.—The Administrator shall— 
‘‘(1) not later than 180 days after the date of the enactment 
of the Transportation Security Acquisition Reform Act, develop 
and submit to Congress a strategic 5-year technology invest-
ment plan, that may include a classified addendum to report 
sensitive 
transportation 
security 
risks, 
technology 
vulnerabilities, or other sensitive security information; and 
‘‘(2) to the extent possible, publish the Plan in an unclassi-
fied format in the public domain. 
‘‘(b) CONSULTATION.—The Administrator shall develop the Plan 
in consultation with— 
‘‘(1) the Under Secretary for Management; 
‘‘(2) the Under Secretary for Science and Technology; 
‘‘(3) the Chief Information Officer; and 
‘‘(4) the aviation industry stakeholder advisory committee 
established by the Administrator. 
‘‘(c) APPROVAL.—The Administrator may not publish the Plan 
under subsection (a)(2) until it has been approved by the Secretary. 
‘‘(d) CONTENTS OF PLAN.—The Plan shall include— 
‘‘(1) an analysis of transportation security risks and the 
associated capability gaps that would be best addressed by 
security-related technology, including consideration of the most 
recent quadrennial homeland security review under section 707; 
‘‘(2) a set of security-related technology acquisition needs 
that— 
‘‘(A) is prioritized based on risk and associated capa-
bility gaps identified under paragraph (1); and 
‘‘(B) includes planned technology programs and projects 
with defined objectives, goals, timelines, and measures; 
‘‘(3) an analysis of current and forecast trends in domestic 
and international passenger travel; 
‘‘(4) an identification of currently deployed security-related 
technologies that are at or near the end of their lifecycles; 
‘‘(5) an identification of test, evaluation, modeling, and 
simulation capabilities, including target methodologies, ration-
ales, and timelines necessary to support the acquisition of the 
security-related technologies expected to meet the needs under 
paragraph (2); 
‘‘(6) an identification of opportunities for public-private 
partnerships, small and disadvantaged company participation, 
intragovernment collaboration, university centers of excellence, 
and national laboratory technology transfer;
H. R. 2719—3 
‘‘(7) an identification of the 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 technology from physical or cyber theft, diver-
sion, sabotage, or attack; 
‘‘(9) an identification of initiatives to streamline the 
Administration’s acquisition process and provide greater 
predictability and clarity to small, medium, and large 
businesses, including the timeline for testing and evaluation; 
‘‘(10) an assessment of the impact to commercial aviation 
passengers; 
‘‘(11) a strategy for consulting airport management, air 
carrier representatives, and Federal security directors when-
ever an acquisition will lead to the removal of equipment at 
airports, and how the strategy for consulting with such officials 
of the relevant airports will address potential negative impacts 
on commercial passengers or airport operations; and 
‘‘(12) in consultation with the National Institutes of Stand-
ards and Technology, an identification of security-related tech-
nology interface standards, in existence or if implemented, that 
could promote more interoperable passenger, baggage, and 
cargo screening systems. 
‘‘(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 private sector input, including from the 
aviation industry stakeholder advisory committee established 
by the Administrator, through requests for information, 
industry days, and other innovative means consistent with 
the Federal Acquisition Regulation; and 
‘‘(3) in consultation with the Under Secretary for Science 
and Technology, identify technologies in existence or in develop-
ment that, with or without adaptation, are expected to be 
suitable to meeting mission needs. 
‘‘(f) DISCLOSURE.—The Administrator shall include with the 
Plan a list of nongovernment persons that contributed to the writing 
of the Plan. 
‘‘(g) UPDATE AND REPORT.—Beginning 2 years after the date 
the Plan is submitted to Congress under subsection (a), and bienni-
ally thereafter, 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 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 security-related technology. 
‘‘SEC. 1612. ACQUISITION JUSTIFICATION AND REPORTS. 
‘‘(a) ACQUISITION JUSTIFICATION.—Before the Administration 
implements 
any 
security-related 
technology 
acquisition, 
the 
Administrator, in accordance with the Department’s policies and
H. R. 2719—4 
directives, shall determine whether the acquisition is justified by 
conducting an analysis that includes— 
‘‘(1) an identification of the scenarios and level of risk 
to transportation security from those scenarios that would be 
addressed by the security-related technology acquisition; 
‘‘(2) an assessment of how the proposed acquisition aligns 
to the Plan; 
‘‘(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 solutions, including 
policy or procedure solutions, to determine if the proposed 
security-related technology acquisition is the most effective and 
cost-efficient solution based on cost-benefit considerations; 
‘‘(5) an assessment of the potential privacy and civil lib-
erties implications of the proposed acquisition that includes, 
to the extent practicable, consultation with organizations that 
advocate for the protection of privacy and civil liberties; 
‘‘(6) a determination that the proposed acquisition is con-
sistent 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 TO CONGRESS.— 
‘‘(1) IN GENERAL.—Not later than the end of the 30-day 
period preceding the award by the 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 Committee on Homeland Security of the House of Rep-
resentatives— 
‘‘(A) the results of the comprehensive acquisition jus-
tification under subsection (a); and 
‘‘(B) a certification by the Administrator that the bene-
fits to transportation security justify the contract cost. 
‘‘(2) EXTENSION
DUE
TO
IMMINENT
TERRORIST
THREAT.— 
If there is a known or suspected imminent threat to transpor-
tation 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 Com-
merce, Science, and Transportation of the Senate and the 
Committee on Homeland Security of the House of Rep-
resentatives of the known or suspected imminent threat. 
‘‘SEC. 1613. ACQUISITION BASELINE ESTABLISHMENT AND REPORTS. 
‘‘(a) BASELINE REQUIREMENTS.— 
‘‘(1) IN GENERAL.—Before the Administration implements 
any security-related technology acquisition, the appropriate 
acquisition official of the Department shall establish and docu-
ment a set of formal baseline requirements. 
‘‘(2) CONTENTS.—The baseline requirements under para-
graph (1) shall—
H. R. 2719—5 
‘‘(A) include the estimated costs (including lifecycle 
costs), schedule, and performance milestones for the 
planned duration of the acquisition; 
‘‘(B) identify the acquisition risks and a plan for miti-
gating those risks; and 
‘‘(C) assess the personnel necessary to manage the 
acquisition process, manage the ongoing program, and sup-
port training and other operations as necessary. 
‘‘(3) FEASIBILITY.—In establishing the performance mile-
stones under paragraph (2)(A), the appropriate acquisition offi-
cial of the Department, to the extent possible and in consulta-
tion with the Under Secretary for Science and Technology, 
shall ensure that achieving those milestones is technologically 
feasible. 
‘‘(4) TEST AND EVALUATION PLAN.—The Administrator, in 
consultation with the Under Secretary for Science and Tech-
nology, shall develop a test and evaluation plan that describes— 
‘‘(A) the activities that are expected to be required 
to assess acquired technologies against the performance 
milestones established under paragraph (2)(A); 
‘‘(B) the necessary and cost-effective combination of 
laboratory testing, field testing, modeling, simulation, and 
supporting analysis to ensure that such technologies meet 
the Administration’s mission needs; 
‘‘(C) an efficient planning schedule to ensure that test 
and evaluation 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 measure passenger acceptance of 
and familiarization with the security-related technology. 
‘‘(5) VERIFICATION
AND
VALIDATION.—The appropriate 
acquisition official of the Department— 
‘‘(A) subject to subparagraph (B), shall utilize inde-
pendent reviewers to verify and validate the performance 
milestones and cost estimates developed under paragraph 
(2) for a security-related technology that pursuant to sec-
tion 1611(d)(2) 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. 
‘‘(6) STREAMLINING ACCESS FOR INTERESTED VENDORS.—The 
Administrator shall establish a streamlined process for an 
interested vendor of a security-related technology to request 
and receive appropriate access to the baseline requirements 
and test and evaluation plans that are necessary for the vendor 
to participate in the acquisitions process for that technology. 
‘‘(b) REVIEW
OF BASELINE REQUIREMENTS
AND DEVIATION; 
REPORT TO CONGRESS.— 
‘‘(1) REVIEW.— 
‘‘(A) IN GENERAL.—The appropriate acquisition official 
of the Department shall review and assess each imple-
mented acquisition to determine if the acquisition is 
meeting the baseline requirements established under sub-
section (a). 
‘‘(B) TEST AND EVALUATION ASSESSMENT.—The review 
shall include an assessment of whether—
H. R. 2719—6 
‘‘(i) the planned testing and evaluation activities 
have been completed; and 
‘‘(ii) the results of that testing and evaluation dem-
onstrate that the performance milestones are techno-
logically feasible. 
‘‘(2) REPORT.—Not later than 30 days after making a 
finding described in clause (i), (ii), or (iii) of subparagraph 
(A), the Administrator shall submit a report to the Committee 
on Commerce, Science, and Transportation of the Senate and 
the Committee on Homeland Security of the House of Rep-
resentatives that includes— 
‘‘(A) the results of any assessment that finds that— 
‘‘(i) the actual or planned costs exceed the baseline 
costs by more than 10 percent; 
‘‘(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 impacts security effectiveness; 
‘‘(B) the cause for such excessive costs, delay, or failure; 
and 
‘‘(C) a plan for corrective action. 
‘‘SEC. 1614. INVENTORY UTILIZATION. 
‘‘(a) IN GENERAL.—Before the procurement of additional quan-
tities of equipment to fulfill a mission need, the Administrator, 
to the extent practicable, shall utilize any existing units in the 
Administration’s inventory to meet that need. 
‘‘(b) TRACKING OF INVENTORY.— 
‘‘(1) IN
GENERAL.—The Administrator shall establish a 
process for tracking— 
‘‘(A) the location of security-related equipment in the 
inventory under subsection (a); 
‘‘(B) the utilization status of security-related technology 
in the inventory under subsection (a); and 
‘‘(C) the quantity of security-related equipment in the 
inventory under subsection (a). 
‘‘(2) INTERNAL CONTROLS.—The Administrator shall imple-
ment internal controls to ensure up-to-date accurate data on 
security-related technology owned, deployed, and in use. 
‘‘(c) LOGISTICS MANAGEMENT.— 
‘‘(1) IN GENERAL.—The Administrator shall establish logis-
tics principles for managing inventory in an effective and effi-
cient manner. 
‘‘(2) LIMITATION ON JUST-IN-TIME LOGISTICS.—The Adminis-
trator may not use just-in-time logistics if doing so— 
‘‘(A) would inhibit necessary planning for large-scale 
delivery of equipment to airports or other facilities; or 
‘‘(B) would 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 a report to the Com-
mittee on Commerce, Science, and Transportation of the Senate 
and the Committee on Homeland Security of the House of Rep-
resentatives that includes—