[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2719 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
December 9, 2014.
Resolved, That the bill from the House of Representatives (H.R.
2719) entitled ``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.'', do pass with the following
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.
(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 requirements for several
major acquisitions and procurements, resulting in reduced
security 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.
``(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 investment 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
unclassified 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
capability 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,
rationales, 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;
``(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, 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 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
whenever 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
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.
``(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
development 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 biennially
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
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
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 acquisition is
consistent 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
Representatives--
``(A) the results of the comprehensive acquisition
justification under subsection (a); and
``(B) a certification by the Administrator that the
benefits to transportation security 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--
``(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
Commerce, Science, and Transportation of the Senate and
the Committee on Homeland Security of the House of
Representatives 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
document a set of formal baseline requirements.
``(2) Contents.--The baseline requirements under paragraph
(1) shall--
``(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
mitigating those risks; and
``(C) assess the personnel necessary to manage the
acquisition process, manage the ongoing program, and
support training and other operations as necessary.
``(3) Feasibility.--In establishing the performance
milestones under paragraph (2)(A), the appropriate 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 feasible.
``(4) Test and evaluation plan.--The Administrator, in
consultation with the Under Secretary for Science and
Technology, 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
independent reviewers to verify and validate the
performance milestones and cost estimates developed
under paragraph (2) for a security-related technology
that pursuant to section 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
implemented acquisition to determine if the acquisition
is meeting the baseline requirements established under
subsection (a).
``(B) Test and evaluation assessment.--The review
shall include an assessment of whether--
``(i) the planned testing and evaluation
activities have been completed; and
``(ii) the results of that testing and
evaluation demonstrate that the performance
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.
``SEC. 1614. INVENTORY UTILIZATION.
``(a) In General.--Before the procurement of additional 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 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 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 establish
logistics principles for managing inventory in an effective and
efficient manner.
``(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 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--
``(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 deviations
from the Administration's subcontracting 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 disadvantaged businesses,
in prior fiscal years; and
``(ii) identifies policies and procedures
that could be incorporated by the
Administration in furtherance of achieving the
Administration's published goal for such
contracting; 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.
``SEC. 1616. CONSISTENCY WITH THE FEDERAL ACQUISITION 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 inserting 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
departmental 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 Recommendations.--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 contains an
assessment of the Transportation Security Administration's
implementation of recommendations regarding the acquisition of
security-related technology that were made by the Government
Accountability Office before the date of the 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 of the United States shall submit a report to
Congress that contains an evaluation of the Transportation Security
Administration'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 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 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 related to
security-related technology;
(2) information on the extent to which--
(A) the execution of such testing and evaluation
activities is aligned, temporally and otherwise, 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
Administration but was not procured by the
Administration, including the reasons the procurement
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 evaluation
with the acquisitions process.
SEC. 7. NO ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.
No additional funds are authorized to be appropriated to carry out
this Act or the amendments made by this Act.
Attest:
Secretary.
113th CONGRESS
1st Session
H.R. 2719
_______________________________________________________________________
AMENDMENT