[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2719 Enrolled Bill (ENR)]

        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 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.