In the Senate of the United States, 
December 9, 2014. 
Resolved, That the bill from the House of Representa-
tives (H.R. 2719) entitled ‘‘An Act to require the Transpor-
tation Security Administration to implement best practices 
and improve transparency with regard to technology acquisi-
tion programs, and for other purposes.’’, do pass with the fol-
lowing 
AMENDMENT: 
Strike all after the enacting clause and insert the 
following: 
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 
has not consistently implemented Department of 
Homeland Security policies and Government best 
practices for acquisition and procurement.
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(2) The Transportation Security Administration 
has only recently developed a multiyear technology 
investment plan, and has underutilized innovation 
opportunities within the private sector, including 
from small businesses. 
(3) The Transportation Security Administration 
has faced challenges in meeting key performance re-
quirements for several major acquisitions and pro-
curements, resulting in reduced security effectiveness 
and wasted expenditures. 
SEC. 3. TRANSPORTATION SECURITY ADMINISTRATION AC-
QUISITION REFORM. 
(a) IN GENERAL.—Title XVI of the Homeland Secu-
rity 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 ‘Administra-
tion’ means the Transportation Security Administra-
tion.
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‘‘(2) 
ADMINISTRATOR.—The 
term 
‘Adminis-
trator’ means the Administrator of the Transpor-
tation Security Administration. 
‘‘(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 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. 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 stra-
tegic 5-year technology investment plan, that may in-
clude a classified addendum to report sensitive trans-
portation security risks, technology vulnerabilities, or 
other sensitive security information; and
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‘‘(2) to the extent possible, publish the Plan in 
an unclassified format in the public domain. 
‘‘(b) CONSULTATION.—The Administrator shall de-
velop the Plan in consultation with— 
‘‘(1) the Under Secretary for Management; 
‘‘(2) the Under Secretary for Science and Tech-
nology; 
‘‘(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 home-
land security review under section 707; 
‘‘(2) a set of security-related technology acquisi-
tion needs that— 
‘‘(A) is prioritized based on risk and associ-
ated capability gaps identified under paragraph 
(1); and
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‘‘(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 secu-
rity-related technologies that are at or near the end 
of their lifecycles; 
‘‘(5) an identification of test, evaluation, mod-
eling, and simulation capabilities, including target 
methodologies, rationales, and timelines necessary to 
support the acquisition of the security-related tech-
nologies expected to meet the needs under paragraph 
(2); 
‘‘(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 for the management of 
planned security-related technology acquisitions, in-
cluding consideration of leveraging acquisition exper-
tise of other Federal agencies;
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‘‘(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 streamline 
the Administration’s acquisition process and provide 
greater predictability and clarity to small, medium, 
and large businesses, including the timeline for test-
ing and evaluation; 
‘‘(10) an assessment of the impact to commercial 
aviation passengers; 
‘‘(11) a strategy for consulting airport manage-
ment, air carrier representatives, and Federal secu-
rity directors whenever an acquisition will lead to the 
removal of equipment at airports, and how the strat-
egy 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 Insti-
tutes 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.
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‘‘(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 private sector input, including 
from the aviation industry stakeholder advisory com-
mittee established by the Administrator, through re-
quests for information, industry days, and other in-
novative means consistent with the Federal Acquisi-
tion Regulation; and 
‘‘(3) in consultation with the Under Secretary 
for Science and Technology, identify technologies in 
existence or in development that, with or without ad-
aptation, are expected to be suitable to meeting mis-
sion needs. 
‘‘(f) DISCLOSURE.—The Administrator shall include 
with the Plan a list of nongovernment persons that contrib-
uted 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 biennially thereafter, the Administrator shall sub-
mit to Congress— 
‘‘(1) an update of the Plan; and
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‘‘(2) a report on the extent to which each secu-
rity-related technology acquired by the Administra-
tion 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 se-
curity-related technology. 
‘‘SEC. 1612. ACQUISITION JUSTIFICATION AND REPORTS. 
‘‘(a) ACQUISITION JUSTIFICATION.—Before the Ad-
ministration implements any security-related technology 
acquisition, the Administrator, in accordance with the De-
partment’s policies and 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 tech-
nology acquisition; 
‘‘(2) an assessment of how the proposed acquisi-
tion aligns to the Plan; 
‘‘(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, 
including policy or procedure solutions, to determine 
if the proposed security-related technology acquisition
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is the most effective and cost-efficient solution based 
on cost-benefit considerations; 
‘‘(5) an assessment of the potential privacy and 
civil liberties 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 acquisi-
tion is consistent with fair information practice prin-
ciples issued by the Privacy Officer of the Depart-
ment; 
‘‘(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 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 Commerce, 
Science, and Transportation of the Senate and the 
Committee on Homeland Security of the House of 
Representatives—
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‘‘(A) the results of the comprehensive acqui-
sition justification under subsection (a); and 
‘‘(B) a certification by the Administrator 
that the benefits to transportation security jus-
tify the contract cost. 
‘‘(2) EXTENSION 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 Com-
mittee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on 
Homeland Security of the House of Representa-
tives 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 acquisi-
tion, the appropriate acquisition official of the De-
partment shall establish and document a set of formal 
baseline requirements.
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‘‘(2) CONTENTS.—The baseline requirements 
under paragraph (1) shall— 
‘‘(A) include the estimated costs (including 
lifecycle costs), schedule, and performance mile-
stones for the planned duration of the acquisi-
tion; 
‘‘(B) identify the acquisition risks and a 
plan for mitigating those risks; and 
‘‘(C) assess the personnel necessary to man-
age the acquisition process, manage the ongoing 
program, and support training and other oper-
ations as necessary. 
‘‘(3) FEASIBILITY.—In establishing the perform-
ance milestones under paragraph (2)(A), the appro-
priate acquisition official of the Department, to the 
extent possible and in consultation with the Under 
Secretary for Science and Technology, shall ensure 
that achieving those milestones is technologically fea-
sible. 
‘‘(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 describes— 
‘‘(A) the activities that are expected to be 
required to assess acquired technologies against
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the performance milestones established under 
paragraph (2)(A); 
‘‘(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; 
‘‘(C) an efficient planning schedule to en-
sure that test and evaluation activities are com-
pleted without undue delay; and 
‘‘(D) if commercial aviation passengers are 
expected to interact with the security-related 
technology, methods that could be used to meas-
ure passenger acceptance of and familiarization 
with the security-related technology. 
‘‘(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 Plan; and
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‘‘(B) shall ensure that the use of inde-
pendent 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 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 that 
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— 
‘‘(i) the planned testing and evaluation 
activities have been completed; and
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‘‘(ii) the results of that testing and 
evaluation demonstrate that the perform-
ance milestones are technologically 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 Representatives 
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.
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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, 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 es-
tablish a process for tracking— 
‘‘(A) the location of security-related equip-
ment in the inventory under subsection (a); 
‘‘(B) the utilization status of security-re-
lated technology in the inventory under sub-
section (a); and 
‘‘(C) the quantity of security-related equip-
ment in the inventory under subsection (a). 
‘‘(2) INTERNAL CONTROLS.—The Administrator 
shall implement 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 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— 
‘‘(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 re-
port to the Committee on Commerce, Science, and Trans-
portation of the Senate and the Committee on Homeland 
Security of the House of Representatives that includes— 
‘‘(1) the Administration’s performance record 
with respect to meeting its published small-business 
contracting goals during the preceding fiscal year; 
‘‘(2) if the goals described in paragraph (1) were 
not met or the Administration’s performance was 
below the published small-business contracting goals 
of the Department— 
‘‘(A) a list of challenges, including devi-
ations from the Administration’s subcontracting
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plans, and factors that contributed to the level of 
performance during the preceding fiscal year; 
‘‘(B) an action plan, with benchmarks, for 
addressing each of the challenges identified in 
subparagraph (A) that— 
‘‘(i) is prepared after consultation with 
the Secretary of Defense and the heads of 
Federal departments and agencies that 
achieved their published goals for prime 
contracting with small and minority-owned 
businesses, including small and disadvan-
taged businesses, in prior fiscal years; and 
‘‘(ii) identifies policies and procedures 
that could be incorporated by the Adminis-
tration in furtherance of achieving the Ad-
ministration’s published goal for such con-
tracting; and 
‘‘(3) a status report on the implementation of the 
action plan that was developed in the preceding fiscal 
year in accordance with paragraph (2)(B), if such a 
plan was required.
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‘‘SEC. 1616. CONSISTENCY WITH THE FEDERAL ACQUISI-
TION 
REGULATION 
AND 
DEPARTMENTAL 
POLICIES AND DIRECTIVES. 
‘‘The Administrator shall execute the 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) CONFORMING AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
amended by striking the items relating to title XVI and in-
serting the following: 
‘‘TITLE XVI—TRANSPORTATION SECURITY 
‘‘Subtitle A—General Provisions 
‘‘Sec. 1601. Definitions. 
‘‘Subtitle B—Transportation Security Administration Acquisition Improvements 
‘‘Sec. 1611. 5-year 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.—Nothing in 
this section may be construed to affect any amendment 
made by title XVI of the Homeland Security Act of 2002 
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
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shall submit a report to Congress that contains an assess-
ment of the Transportation Security Administration’s im-
plementation of recommendations regarding the acquisition 
of security-related technology that were made by the Gov-
ernment Accountability Office before the date of the enact-
ment 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 
of the United States shall submit a report to Congress that 
contains an evaluation of the Transportation Security Ad-
ministration’s progress in implementing subtitle B of title 
XVI of the Homeland Security Act of 2002, as amended 
by section 3, including any efficiencies, cost savings, or 
delays that have resulted from such implementation. 
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 submit a report to Congress on the 
feasibility of tracking security-related technology, including 
software solutions, of the Administration through auto-
mated information and data capture technologies.
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SEC. 6. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF 
TSA’S TEST AND EVALUATION PROCESS. 
Not later than 1 year after the date of enactment of 
this Act, the Comptroller General of the United States shall 
submit a report to Congress that includes— 
(1) an evaluation of the Transportation Security 
Administration’s testing and evaluation activities re-
lated to security-related technology; 
(2) information on the extent to which— 
(A) the execution of such testing and eval-
uation activities is aligned, temporally and oth-
erwise, with the Administration’s annual budget 
request, acquisition needs, planned procurements, 
and acquisitions for technology programs and 
projects; and 
(B) security-related technology that has been 
tested, evaluated, and certified for use by the Ad-
ministration but was not procured by the Ad-
ministration, including the reasons the procure-
ment did not occur; and 
(3) recommendations— 
(A) to improve the efficiency and efficacy of 
such testing and evaluation activities; and 
(B) to better align such testing and evalua-
tion with the acquisitions process.
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SEC. 7. NO ADDITIONAL AUTHORIZATION OF APPROPRIA-
TIONS. 
No additional funds are authorized to be appropriated 
to carry out this Act or the amendments made by this Act. 
Attest: 
Secretary.