[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2719 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2719

To require the Transportation Security Administration to implement best 
     practices and improve transparency with regard to technology 
             acquisition programs, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 18, 2013

 Mr. Hudson (for himself, Mr. McCaul, Mr. Thompson of Mississippi, and 
Mr. Richmond) introduced the following bill; which was referred to the 
                     Committee on Homeland Security

_______________________________________________________________________

                                 A BILL


 
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 (in this Act 
        referred to as ``TSA'') does not consistently implement 
        Department of Homeland Security policies and Government best 
        practices for acquisition and procurement.
            (2) TSA has not developed a multiyear technology 
        acquisition plan. As a result, TSA has underutilized innovation 
        opportunities within the private sector, including from small 
        businesses.
            (3) Due in part to the deficiencies referred to in 
        paragraphs (1) and (2), TSA 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 
(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.

   ``Subtitle B--Transportation Security Administration Acquisition 
                              Improvements

``SEC. 1611. MULTIYEAR TECHNOLOGY ACQUISITION PLAN.

    ``(a) In General.--The Administrator--
            ``(1) not later than 180 days after the date of enactment 
        of the Transportation Security Acquisition Reform Act, shall 
        develop and transmit to Congress a strategic multiyear 
        technology acquisition plan, which may include a classified 
        addendum to report sensitive transportation security risks, 
        technology vulnerabilities, or other sensitive security 
        information; and
            ``(2) to the extent possible, shall publish such plan in an 
        unclassified format within the public domain.
    ``(b) Consultation.--The Administrator shall develop the multiyear 
acquisition plan in consultation with the Under Secretary for 
Management, the Chief Information Officer, and the Under Secretary for 
Science and Technology.
    ``(c) Contents of Plan.--The multiyear acquisition plan shall 
include the following:
            ``(1) An analysis of transportation security risks and the 
        associated technology gaps, including consideration of the most 
        recent Quadrennial Homeland Security Review under section 707.
            ``(2) A set of transportation security-related technology 
        acquisition needs that--
                    ``(A) is prioritized based on risk and gaps 
                identified under paragraph (1); and
                    ``(B) includes technology acquisition roadmaps with 
                defined objectives, goals, and measures.
            ``(3) An identification of test, evaluation, modeling, and 
        simulation capabilities that will be required to support the 
        acquisition of the security-related technologies to meet those 
        needs.
            ``(4) An identification of opportunities for public-private 
        partnerships, small and disadvantaged company participation, 
        intragovernment collaboration, university centers of 
        excellence, and national laboratory technology transfer.
            ``(5) An identification of the Administration's acquisition 
        workforce needs that will be required for the management of 
        planned security-related technology acquisitions, including 
        consideration of leveraging acquisition expertise of other 
        Federal agencies.
    ``(d) 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; and
            ``(2) incorporate feedback and input received from the 
        private sector through requests for information, industry days, 
        and other innovative means consistent with the Federal 
        Acquisition Regulation.
    ``(e) Disclosure.--The Administrator shall include with the plan 
required under this section a list of any nongovernment persons that 
contributed to the writing of the plan.
    ``(f) Update.--Once every 2 years after the initial strategic plan 
is transmitted to Congress, the Administrator shall transmit to 
Congress an update of the plan.

``SEC. 1612. ACQUISITION JUSTIFICATION AND REPORTS.

    ``(a) Acquisition Justification.--Before the Administration 
implements any security-related technology acquisition, the 
Administrator shall conduct a comprehensive analysis to determine 
whether the acquisition is justified. The analysis shall include, but 
may not be limited to, the following:
            ``(1) An identification of the type and level of risk to 
        transportation security that would be addressed with the 
        technology acquisition.
            ``(2) An assessment of how the proposed acquisition aligns 
        to the multiyear 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 solutions to 
        determine if the proposed technology acquisition is the most 
        effective and cost-efficient solution based on cost-benefit 
        considerations.
            ``(5) A determination that the means of achieving such 
        expected benefit to transportation security is consistent with 
        fair information practice principles issued by the Privacy 
        Officer of the Department.
    ``(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 
        Homeland Security of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate the results of the comprehensive 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 imminent threat to transportation 
        security, the Administrator may reduce the 30-day period under 
        paragraph (1) to 5 days in order to rapidly respond.
            ``(3) Notice to congress.--The Administrator shall provide 
        immediate notice of such imminent 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 acquisition, the Administrator 
        shall establish and document a set of formal baseline 
        requirements.
            ``(2) Contents.--The baseline requirements shall--
                    ``(A) include the estimated costs (including 
                lifecycle costs), schedule, and performance milestones 
                for the planned duration of the acquisition; and
                    ``(B) identify the acquisition risks and a plan for 
                mitigating these risks.
            ``(3) Feasibility.--In establishing the performance 
        milestones under paragraph (2), the Administrator shall, to the 
        extent possible and in consultation with the Under Secretary 
        for Science and Technology, ensure that achieving these 
        milestones is technologically feasible.
            ``(4) Test and evaluation plan.--The Administrator, in 
        consultation with the Under Secretary for Science and 
        Technology, shall develop a plan for testing and evaluating the 
        acquired technologies against the performance requirements 
        established under paragraph (2). The test and evaluation plan 
        shall describe the necessary and cost-effective combination of 
        laboratory testing, field testing, modeling, simulation, and 
        supporting analysis to ensure that the technologies meet the 
        Administration's mission needs.
            ``(5) Verification and validation.--The Administrator may 
        utilize independent reviewers to verify and validate the 
        performance milestones and cost estimates developed under 
        paragraph (2).
    ``(b) Review of Baseline Requirements and Deviation; Report to 
Congress.--
            ``(1) Review.--
                    ``(A) In general.--The Administrator 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 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 Security of the House of 
                Representatives and the Committee on Commerce, Science, 
                and Transportation of the Senate 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) 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 Committee on Homeland 
                Security of the House of Representatives and the 
                Committee on Commerce, Science, and Transportation of 
                the Senate no later than 30 days after identifying such 
                excessive costs, delay, or failure.

``SEC. 1614. INVENTORY UTILIZATION.

    ``(a) In General.--Before the procurement of additional quantities 
of equipment to fulfill a mission need, the Administrator shall, to the 
extent practicable, utilize any existing units in the Administration's 
inventory to meet that need.
    ``(b) Tracking of Inventory.--The Administrator shall establish a 
process for tracking the location, utilization status, and quantity of 
security-related equipment in such inventory.
    ``(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 
        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, 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 published goals 
        for contracting with small and disadvantaged businesses and the 
        Administration's performance record with respect to meeting 
        those goals during the preceding fiscal year.
            ``(2) If such goals were not met, or the Administration's 
        performance was below the published goals of the Department, an 
        itemized list of challenges that contributed to the level of 
        performance during the preceding fiscal year.
            ``(3) An action plan, with benchmarks, for addressing each 
        of the challenges identified in paragraph (2).
            ``(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 ACQUISITION REGULATION AND 
              DEPARTMENTAL POLICIES AND DIRECTIVES.

    ``The Administrator shall execute responsibilities set forth in 
this subtitle in a manner consistent with, and not duplicative of, the 
Federal Acquisition Regulation and the Department's acquisition 
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 acquisition 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.--This section 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 REPORT.

    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 
evaluate and report to Congress 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).

SEC. 5. NO ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.

    No additional funds are authorized to be appropriated to carry out 
this Act and the amendments made by this Act, and this Act and such 
amendments shall be carried out using amounts otherwise available for 
such purpose.
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