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‘‘(2) An assessment of how the proposed acqui-
sition 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 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) 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. 
‘‘(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 Ad-
ministration of a contract for any security-related 
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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.— 
‘‘(1) IN GENERAL.—Before the Administration 
implements any security-related technology acquisi-
tion, the appropriate acquisition official of the De-
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partment shall establish and document a set of for-
mal 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 ap-
propriate acquisition official of the Department 
shall, to the extent possible and in consultation with 
the Under Secretary for Science and Technology, en-
sure that achieving these milestones is techno-
logically feasible. 
‘‘(4) TEST AND EVALUATION PLAN.—The Ad-
ministrator, in consultation with the Under Sec-
retary for Science and Technology, shall develop a 
test and evaluation plan that, at a minimum, de-
scribes— 
‘‘(A) the activities that will be required to 
assess acquired technologies against the per-
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formance milestones established under para-
graph (2); 
‘‘(B) the necessary and cost-effective com-
bination of laboratory testing, field testing, 
modeling, simulation, and supporting analysis 
to ensure that such technologies meet the Ad-
ministration’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 
utilize independent reviewers to verify and vali-
date the performance milestones and cost esti-
mates developed under paragraph (2) for a se-
curity-related technology that pursuant to sec-
tion 1611(d)(2) has been identified as a high 
priority need in the most recent multiyear tech-
nology investment plan; and 
‘‘(B) shall ensure that the utilization of 
independent reviewers does not unduly delay 
the schedule of any acquisition. 
‘‘(6) STREAMLINING ACCESS FOR INTERESTED 
VENDORS.—The Administrator shall establish a 
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streamlined process for an interested vendor of a se-
curity-related technology to request and receive ap-
propriate access to the baseline requirements and 
test and evaluation plans that are necessary for the 
vendor to participate in the acquisitions process for 
such technology. 
‘‘(b) REVIEW
OF BASELINE REQUIREMENTS
AND 
DEVIATION; REPORT TO CONGRESS.— 
‘‘(1) REVIEW.— 
‘‘(A) IN GENERAL.—The appropriate ac-
quisition official of the Department shall review 
and assess each implemented acquisition to de-
termine if the acquisition is meeting the base-
line 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.— 
‘‘(A) IN
GENERAL.—The Administrator 
shall report to the Committee on Homeland Se-
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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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‘‘(2) LIMITATION
ON
JUST-IN-TIME
LOGIS-
TICS.—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 
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 
to the Committee on Homeland Security of the House of 
Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report that 
includes the following: 
‘‘(1) A restatement of the Administration’s pub-
lished goals for contracting with small businesses, 
including small and disadvantaged businesses, and 
the Administration’s performance record with re-
spect to meeting those goals during the preceding 
fiscal year. 
‘‘(2) If such goals were not met, or the Admin-
istration’s performance was below the published 
goals of the Department, an itemized list of chal-
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lenges, including deviations from the Administra-
tion’s subcontracting plans and the extent to which 
contract bundling was a factor, that contributed to 
the level of performance 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 
Administration in furtherance of achieving the Ad-
ministration’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 
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duplicative of, the Federal Acquisition Regulation and the 
Department’s policies and directives.’’. 
(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 
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 
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. 
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(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 Gen-
eral of the United States shall evaluate and report to Con-
gress the Transportation Security Administration’s 
progress in implementing subtitle B of title XVI of the 
Homeland Security 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 implementation. 
SEC. 5. REPORT ON FEASIBILITY OF INVENTORY TRACK-
ING. 
Not later than 90 days after the date of enactment 
of this Act, the Administrator of the Transportation Secu-
rity Administration shall report to Congress on the feasi-
bility of tracking transportation security-related tech-
nology of the Administration through automated informa-
tion 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 Transpor-
tation Security Administration’s testing and evaluation ac-
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tivities related to security-related technologies. The report 
shall include— 
(1) 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 acquisition 
needs, planned procurements, and acquistions 
for technology programs and projects; and 
(B) the extent to which security-related 
technologies that have been tested, evaluated, 
and certified for use by the Administration are 
not procured by the Administration, including 
information 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 evalua-
tion with the acquisitions process. 
SEC. 7. NO ADDITIONAL AUTHORIZATION OF APPROPRIA-
TIONS. 
No additional funds are authorized to be appro-
priated to carry out this Act and the amendments made 
by this Act, and this Act and such amendments shall be 
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carried out using amounts otherwise available for such 
purpose. 
Passed the House of Representatives December 3, 
2013. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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