[Congressional Record Volume 159, Number 170 (Tuesday, December 3, 2013)]
[House]
[Pages H7409-H7414]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TRANSPORTATION SECURITY ACQUISITION REFORM ACT
Mr. McCAUL. Mr. Speaker, I move to suspend the rules and pass the
bill (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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2719
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 investment
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.
``(3) 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. MULTIYEAR TECHNOLOGY INVESTMENT 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 investment 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 technology investment plan in consultation with the
Under Secretary for Management, the Chief Information
Officer, and the Under Secretary for Science and Technology.
``(c) Approval.--The Secretary must have approved the
multiyear technology investment plan before it is published
under subsection (a)(2).
``(d) Contents of Plan.--The multiyear technology
investment 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 planned technology programs and projects
with defined objectives, goals, and measures.
``(3) An analysis of current 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
lifecycle.
``(5) 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.
``(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 that will be required 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.
``(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 feedback and input received from the
private sector through requests for information, industry
days, and other innovative means consistent with the Federal
Acquisition Regulation; and
[[Page H7410]]
``(3) leverage market research conducted by the Under
Secretary for Science and Technology to identify technologies
that exist or are in development that, with or without
adaptation, could be utilized to meet mission needs.
``(f) 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.
``(g) Update and Report.--Once every 2 years after the
initial strategic plan is transmitted to Congress, the
Administrator shall transmit to Congress an update of the
plan and 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 technology.
``SEC. 1612. ACQUISITION JUSTIFICATION AND REPORTS.
``(a) Acquisition Justification.--Before the Administration
implements any security-related technology acquisition, the
Administrator shall, in accordance with the Department's
policies and directives, 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 by such
technology acquisition.
``(2) An assessment of how the proposed acquisition 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 solutions to
determine if the proposed technology acquisition is the most
effective and cost-efficient solution based on cost-benefit
considerations.
``(5) An evaluation of the privacy and civil liberties
implications of the proposed acquisition, and a determination
that the proposed acquisition is consistent 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 proposed 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 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 appropriate
acquisition official of the Department 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 appropriate acquisition
official of the Department 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 test and evaluation plan that, at
a minimum, describes--
``(A) the activities that will be required to assess
acquired technologies against the performance milestones
established under paragraph (2);
``(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; and
``(C) an efficient schedule to ensure that test and
evaluation activities are completed without undue delay.
``(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 multiyear technology 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 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 such
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 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.--
``(1) Location.--The Administrator shall establish a
process for tracking the location of security-related
equipment in such inventory.
``(2) Utilization.--The Administrator shall--
``(A) establish a process for tracking the utilization
status of security-related technology in such inventory; and
``(B) implement internal controls to ensure accurate data
on security-related technology utilization.
``(3) Quantity.--The Administrator shall establish a
process for tracking the 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
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 published goals
for contracting with small businesses, including 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, including deviations from the
Administration'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 addressing each
of the challenges identified in paragraph (2), 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, to identify policies and
procedures that could be incorporated at the Administration
in furtherance of achieving the Administration'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 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 policies and directives.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of such Act is amended by
[[Page H7411]]
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
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 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 assess and
report to Congress on implementation by the Transportation
Security Administration of recommendations regarding the
acquisition of technology that were made by the Government
Accountability Office before the date of 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 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), 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 report to Congress on the feasibility of
tracking transportation security-related technology 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 the enactment of
this Act, the Comptroller General of the United States shall
evaluate and report to Congress on the Transportation
Security Administration's testing and evaluation activities
related to security-related technologies. The report shall
include--
(1) information on the extent to which --
(A) the execution of such testing and evaluation activities
is aligned, temporally and otherwise, 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 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 and the amendments made by this Act, and
this Act and such amendments shall be carried out using
amounts otherwise available for such purpose.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Texas (Mr. McCaul) and the gentleman from Louisiana (Mr. Richmond) each
will control 20 minutes.
The Chair recognizes the gentleman from Texas.
General Leave
Mr. McCAUL. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days within which to revise and extend their remarks
and to include any extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Mr. McCAUL. Mr. Speaker, I yield myself as much time as I may
consume.
I rise in support of this bill, the Transportation Security
Acquisition Reform Act, which was developed and introduced by the
distinguished gentleman from North Carolina, the chairman of the
Transportation Security Subcommittee, Mr. Hudson.
Over the course of several years, the Committee on Homeland Security
has conducted extensive oversight of TSA technology acquisition
programs. During this session, the Subcommittee on Transportation
Security has continued this critical oversight function, and has taken
it to the next level under Chairman Hudson's leadership.
Poor planning, excessive costs, a clumsy test and evaluation process,
and other flaws have had a crippling effect on passenger travel and our
security effectiveness. H.R. 2719 is common sense, bipartisan, and is
an important step toward addressing the very deficiencies that have
left travelers without adequate privacy protections--for instance, $200
million worth of screening equipment sitting in warehouses and hundreds
of machines abruptly pulled out of airports before the end of their
life cycles.
H.R. 2719 requires TSA to develop a multiyear technology investment
plan to serve as a roadmap for industry and to shed new light on TSA's
spending decisions. It gives Congress early warning when technology
programs exceed their intended costs, are unduly delayed, or do not
provide the security results initially promised. It also requires TSA
to get a handle on its broken inventory management process. Mr.
Speaker, recommendations from across government and industry were
incorporated into this crucial piece of legislation, and numerous
industry stakeholders have expressed their support for this bill.
I appreciate the hard work of my colleagues on the committee,
especially Mr. Hudson's from North Carolina and Mr. Richmond's from
Louisiana. I appreciate the bipartisan approach they took in crafting
this important piece of legislation and the collaborative, deliberative
process that they followed to bring this bill to the floor in their
first years as chair and ranking member of this subcommittee.
I urge my colleagues to join us in passing this vital piece of
legislation that will further protect our transportation systems and
the American taxpayer. Let's send this bill to the Senate and on to the
President for his signature.
Mr. Speaker, I reserve the balance of my time.
Mr. RICHMOND. Mr. Speaker, I yield myself such time as I may consume.
I rise in strong support of H.R. 2719, the Transportation Security
Acquisition Reform Act.
H.R. 2719 addresses longstanding concerns that I and other members of
this committee have raised about the Transportation Security
Administration's stewardship of taxpayer funds when pursuing,
acquiring, and deploying security-related technologies. Importantly,
the bill also seeks to address TSA's lackluster record of contracting
with small businesses.
Earlier this year, the Subcommittee on Transportation Security, of
which I am the ranking member, held a hearing with industry
stakeholders. We heard from representatives of both small and large
businesses on how to improve TSA's acquisition practices and on how the
agency can engage with small businesses more effectively. Simply put,
TSA's failure to meet its goals for prime contracting with small
businesses is unacceptable. There are ample small, minority-owned and
disadvantaged businesses that are ready, willing, and able to provide
services and technologies to TSA that would enhance our security and
likely reduce contracting costs. If TSA cannot identify such
businesses, I would be happy to refer them to some.
The bill takes a significant step toward holding TSA more accountable
for achieving its goals for contracting with small and disadvantaged
businesses by requiring the agency to develop an action plan to
accomplish its goals and report to Congress on how it plans to get
there.
I thank the subcommittee chairman, the gentleman from North Carolina
(Mr. Hudson), for his willingness to have included small businesses in
the discussion as we developed the legislation before the House today.
Indeed, at every turn, this legislation was developed in a bipartisan
fashion, and the final product is better for that.
The bill tackles head-on the lack of transparency and accountability
that has plagued TSA's acquisition practices since the agency's
inception. Among TSA's most notable and costly acquisition missteps are
the ``puffer machines,'' which did not work, and the whole body AIT
machines, which could not be modified to protect passengers' privacy.
While no legislation can guarantee that an agency will not falter when
acquiring technologies, H.R. 2719 represents a significant step in the
right direction.
[[Page H7412]]
With that, Mr. Speaker, I reserve the balance of my time.
Mr. McCAUL. Mr. Speaker, I yield such time as he may consume to the
distinguished gentleman from North Carolina (Mr. Hudson), the sponsor
of this legislation and the chairman of the Subcommittee on
Transportation Security.
Mr. HUDSON. Mr. Speaker, I rise today to urge my colleagues to
support a critical piece of legislation, the Transportation Security
Acquisition Reform Act, which I introduced in July and have been
working on for many months.
I thank Chairman McCaul for helping move this bill through our
committee, and I commend all of the members on the committee for a
swift and unanimous vote to bring this bill to the floor. Again, this
was a unanimous vote both in the subcommittee and in the full
committee. This bill has the bipartisan support of our chairman and
ranking member on the full committee as well as having mine and the
ranking member's on the Transportation Security Subcommittee. Let me
also say that this bill would not be possible if Mr. Thompson and Mr.
Richmond were not willing to work with me on this. Frankly, their
collaboration made this better legislation. As I have said before, the
American people expect us to come here and work together for solutions,
and this is a prime example of that.
This bill has withstood the careful scrutiny of our committee's
oversight, and it has also been endorsed by numerous stakeholders
outside the Capitol, and I submit for the Record their letters of
support.
Mr. Speaker, in today's partisan culture of a divided Congress, I am
very proud to report that we can come together from across the aisle in
order to address very real issues that we have in the Transportation
Security Administration, those being acquisition and procurement. For
over 10 years, we have all witnessed hundreds of millions of dollars
being wasted on failed technologies and have witnessed machines sitting
idly in warehouses. Poor planning, inventory management, and limited
communication with stakeholders have decreased security, limited
innovation, and squandered taxpayer dollars.
I recognize that TSA is constantly trying to respond to new threats--
they have a difficult job--but in some cases, the pressures to perform
and deploy new technologies can lead to a reactive approach without
sufficient planning. They still have a long way to go. Having a long-
term plan that leverages experts within government and within industry
can help to prevent these capability gaps. Our bill provides that
roadmap to success.
Mr. Speaker, we cannot continue to let TSA drag its feet on
establishing greater transparency and accountability for technologies
that protect our Nation's traveling public. It is incumbent upon us to
make sure that taxpayer dollars are being used effectively and
efficiently. We must take action. I urge my colleagues to support this
bill.
July 23, 2013.
Hon. Richard Hudson,
Chairman, House Subcommittee on Transportation Security,
Washington, DC.
Dear Chairman Hudson: On behalf of the Airports Council
International-North America (ACI-NA), which represents local,
regional, and state governing bodies that own and operate
commercial airports throughout the United States and Canada,
I am pleased to offer our endorsement of H.R. 2719, the
Transportation Security Acquisition Reform Act.
Airport operators have long advocated for the
Transportation Security Administration (TSA) to implement
best practices and improve the transparency of its technology
acquisition programs. H.R. 2719 would also require TSA to
incorporate feedback and input from the private sector on
technology trends and other research and development
information that helps TSA develop a strategic plan on
technology acquisition.
Again, thank you for your continued support of airport
operators and on recognizing the need to improve TSA's
technology acquisition process. We look forward to working
with you on the passage of H.R. 2719.
Sincerely,
Deborah McElroy,
Interim President, Airports Council International-North
America.
____
U.S. Travel Association,
Washington, DC, July 24, 2013.
Hon. Richard Hudson,
Chairman, Transportation Security Subcommittee, House
Committee on Homeland Security, Washington, DC.
Hon. Cedric Richmond,
Ranking Member, Transportation Security Subcommittee, House
Committee on Homeland Security, Washington, DC.
Dear Chairman Hudson and Ranking Member Richmond: On behalf
of the U.S. Travel Association, it is my pleasure to lend our
support for two bills the subcommittee will be marking up
later this week--namely, H.R. 1204, the Aviation Security
Stakeholder Participation Act, and H.R. 2719, the
Transportation Security Acquisition Reform Act. Both of these
bills are consistent with the recommendations for
transportation security and travel facilitation that U.S.
Travel made when issuing ``A Better Way: Building a World-
Class System for Aviation Security.'' Specifically, we
applaud the provisions of H.R. 1204, which recognize the role
of the travel industry as a stakeholder in the Aviation
Security Advisory Committee. Additionally, we strongly
support the sections of H.R. 2719, which require the
Transportation Security Administration (TSA) to develop a
multiyear technology investment plan.
The U.S. Travel Association is the national, non-profit
organization representing all components of the travel
industry that generates $2.0 trillion in economic output and
supports 14.6 million jobs. U.S. Travel's mission is to
increase travel to and within the United States.
We look forward to working with you to see the House pass
both of these important pieces of legislation.
Sincerely,
Roger J. Dow,
President & CEO.
____
Security Industry Association,
Silver Spring, MD, July 23, 2013.
Hon. Richard Hudson,
Chairman, House Homeland Security Committee, Subcommittee on
Transportation Security, Washington, DC.
Dear Chairman Hudson: On behalf of the Security Industry
Association (SIA), I would like to commend your bipartisan
efforts toward procurement reform at the Transportation
Security Administration (TSA) and, more specifically, H.R.
2719, the Transportation Security Acquisition Reform Act.
Many of our more than 480 member companies have supported
and continue to support the work of TSA since the agency's
inception. As with any new organization, there are
challenges. But we could probably agree there are other
agencies, which have been in existence for decades, facing
greater challenges than TSA.
However, whenever there is an opportunity to improve how
the government purchases goods and services, no matter what
agency or government entity is involved, there is cause to
celebrate. A better procurement process ideally works for all
parties involved, and we are very pleased that you and the
committee have recognized the role of industry when crafting
the current legislation.
Please know that SIA stands ready to assist the efforts of
you, Ranking Member Cedric Richmond and the entire committee.
Sincerely,
Don Erickson,
CEO.
____
Security Manufacturers Coalition,
Alexandria, VA, October 1, 2013.
Hon. Richard Hudson,
House Committee on Homeland Security, Subcommittee on
Transportation Security, Washington, DC.
Hon. Cedric Richmond,
House Committee on Homeland Security, Subcommittee on
Transportation Security, Washington, DC.
Dear Chairman Hudson and Ranking Member Richmond: On behalf
of the Security Manufacturers Coalition (SMC), I want to
thank you and the Committee for your time and efforts to
begin the process of bringing meaningful reforms to the TSA
acquisition process. As you know the SMC membership is made
up of nine of the leading U.S. manufacturers of security
screening technology. This scanning equipment is used in
every major airport in the U.S. and abroad, operating
continuously 365 days a year, as part of the overall effort
to ensure the security of the traveling public.
The Coalition supports H.R. 2719 as a step in creating a
more transparent, predictable, and efficient process for TSA
to streamline the acquisition and deployment of security
screening technology. We appreciate the committee's
acknowledgement and inclusion of a multi-year technology
investment plan in the legislation. The inclusion of a five-
year plan of investments is important for technology
manufacturers because it enables them to make critical
research, planning, and investment decisions for the future,
and to help TSA meet its mission needs.
We also support the inclusion of bill language to limit the
practice of just-in-time logistics (JIT). JIT delivery is a
risky and potentially damaging approach for screening
technology which will put the supply chain, manufacturing
base and American jobs at risk. Highly specialized technology
manufacturers require long-lead time components specific to
screening people and baggage in airports, along with a
predictable forecast of procurements to maintain a steady
state of production and surge capability. Unpredictable
procurements cause workforce reductions and increase program
risks because
[[Page H7413]]
manufacturers may not be able to ramp up production or meet
delivery rates for unplanned or short notice requirements. We
appreciate the common sense approach to inventory, supply
chain management that balances manufacturing with Government
acquisition and deployment plans.
Finally, we appreciate the Committee's desire to ensure
that the reporting requirements in the bill not add extra
steps and time to an already cumbersome acquisition process.
As you are aware, the Department of Homeland Security (DHS)
has established regulations and reports that govern its
acquisitions process. We are pleased that the Committee
intends to ensure that the Congressional reporting
requirements in the bill will compliment, rather than
duplicate, existing reporting processes within the DHS and
TSA.
Once again, thank you for all of your hard work on this
legislation. The members of the Coalition sincerely
appreciate the collaborative way in which you and your staff
have engaged our ideas on this important legislation. We look
forward to working with you and other stakeholders in the
future to offer solutions to improve the ability of airports
to have access to better technology solutions that create a
safer aviation system for passengers.
Sincerely,
T.J. Schultz,
Director.
____
General Aviation
Manufacturers Association,
Washington, DC, October 28, 2013.
Chairman Michael McCaul,
Committee on Homeland Security,
Washington, DC.
Ranking Member Bennie Thompson,
Committee on Homeland Security,
Washington, DC.
Dear Chairman McCaul and Ranking Member Thompson: On behalf
of the General Aviation Manufacturers Association, we write
to urge committee passage of H.R. 1204, the Aviation Security
Stakeholder Participation Act of 2013, introduced by
Congressman Bennie Thompson, and H.R. 2719, the
Transportation Security Acquisition and Reform Act,
introduced by Transportation Security Chairman Richard
Hudson. These items are slated to be marked up by the House
Homeland Security Committee on October 29, 2013.
GAMA supports passage of H.R. 1204, the Aviation Security
Stakeholder Participation Act of 2013, given the important
step this measure takes to ensure that stakeholders are
included in the policymaking process at TSA. H.R. 1204
establishes the Aviation Security Advisory Committee, in
statute, to ensure that all aviation stakeholders, including
general aviation, are able to provide input to the TSA in
advance of policies being formally proposed. We are also
encouraged that H.R. 1204 provides for a general aviation
advisory subcommittee to specifically consider issues related
to general aviation.
We also support passage of H.R. 2719, the Transportation
Security Acquisition and Reform Act, given the focus it
places on reform for the agency. While our member companies'
involvement in TSA acquisition is limited, the objectives of
this legislation are laudable and we hope such efforts will
be applied to other areas of TSA governance.
In general, we are pleased that both bills place a priority
on improving key processes at the agency. Our member
companies remain confounded by a bureaucracy that penalizes
manufacturers competing in a global environment for
government inaction. Almost ten years have elapsed since TSA
was directed to promulgate a final rulemaking to secure
repair stations overseas. Today, we still await approval of
this rule. While efforts have been made to move this rule
forward, the overall government process for TSA security
rulemaking lacks accountability and appears to be profoundly
dysfunctional.
We urge the committee to favorably consider these bills and
to continue their critical and constructive oversight of the
Department of Homeland Security and its agencies.
Sincerely,
Peter J. Bunce,
President and CEO.
Mr. RICHMOND. Mr. Speaker, in closing, I would like to take this
opportunity to thank the chairman of Homeland Security, Mr. McCaul, and
the chairman of the subcommittee, Mr. Hudson, for the bipartisan manner
in which they have handled not only this bill but all of the bills. It
is typical of how we conduct ourselves on the committee. I especially
thank my ranking member, Mr. Thompson from Mississippi, as we put the
goals, the safety, and the value of the American public over
partisanship.
This bill does four things that I am really excited about. It creates
jobs through working with small businesses. It provides greater
transparency with the acquisition process. It creates more efficiencies
within the Department and saves the American taxpayers money. Last but
certainly not least, it makes our traveling public safer.
With these goals that we have made a priority in crafting this
legislation and in pushing it through, I am happy with the final
product, and I would urge all of our Members to support it.
With that, I yield back the balance of my time.
Mr. McCAUL. Mr. Speaker, in closing, I want to associate myself with
the gentleman from Louisiana's remarks.
I do think this is a very important bill that will ultimately save
taxpayer dollars and that will make the system more efficient while, at
the same time, better protecting the traveling public, which, I think,
is what it is all about. So I urge the adoption of this bill in order
to provide these necessary reforms to TSA acquisition.
Mr. Speaker, I yield back the balance of my time.
Mr. THOMPSON of Mississippi. Mr. Speaker, I rise in support of H.R.
2719, the ``Transportation Security Acquisition Reform Act.''
For years, as both chairman and ranking member of the Committee on
Homeland Security, I have been troubled about the way TSA goes about
acquiring technology.
Time and again, we have seen taxpayer dollars wasted on technologies
that either do not work or cannot be upgraded to meet the agency's
needs.
I have also been troubled by TSA's apparent inability to effectively
manage its inventory of security-related technology and meet its goals
for contracting with small and disadvantaged businesses.
The bill before us today addresses these concerns through greater
transparency and accountability.
In this age of sequestration, TSA cannot purchase technologies on a
whim and outside of robust acquisitions controls.
Under H.R. 2719, of which I was proud to be an original cosponsor,
TSA will be required to develop and publish a multi-year technology
investment plan that will guide the agency's security-related
technology purchases.
This plan will give both the agency and Congress a clear
understanding of how taxpayer dollars will be allocated in future
years.
The bill also requires TSA to develop a plan for managing its
inventory of security-related technology.
Earlier this year, the Department of Homeland Security's Office of
Inspector General found that TSA had more than 17,000 items in its
warehouse inventory, at an estimated cost of $185 million.
The IG concluded that TSA may be able to put approximately $800,000
per year to better use by managing its inventory more effectively.
For fiscal year 2012, TSA's goal for prime contracting with small
businesses was set at 23 percent, yet the agency barely reached 16
percent.
To address TSA's chronic problems meeting small business contracting
goals, the bill also requires TSA to consult with other federal
agencies that get small business contracting done and done right.
Under H.R. 2719, TSA will be required to develop an action plan for
improving its performance and report to Congress on its progress in
implementing the plan.
For too long, TSA has relied upon the same limited number of
companies to develop and produce the security-related technologies it
puts into the field.
Doing so comes at the peril of small and minority-owned businesses
that are essential to innovation.
This dynamic also results in additional costs to taxpayers due to a
lack of competition in the marketplace.
H.R. 2719 received the unanimous support of the Committee on Homeland
Security in October.
The bill also received the support of the members of the Committee's
Subcommittee on Transportation Security as it moved through the regular
order earlier this year.
I look forward to the bill receiving the support of the Full House
today.
With that Mr. Speaker, I would like to thank Subcommittee Chairman
Hudson and Ranking Member Richmond for working in collaboration to
develop and see this legislation to the House floor.
I urge support for the bill.
Ms. JACKSON LEE. Mr. Speaker, I rise in strong support of H.R. 2719,
the ``Transportation Security Acquisition Reform Act.'' The bill
requires the Transportation Security Administration to implement best
practices and improve transparency regarding technology acquisition.
I thank the Chairman Michael McCaul and Ranking Member Bennie
Thompson for their bipartisan effort to make air travel safer.
I want to take this time to remember Gerardo I. Hernandez, a
Transportation Security Administration officer who was killed in the
line of duty at the Los Angeles International Airport.
There were two other TSA officers wounded along with a schoolteacher
during a gun battle with two airport police officers.
[[Page H7414]]
I continue to keep them, their families, colleagues and friends in my
thoughts and prayers.
This incident punctuates the importance of securing our airports and
flights from threats. A critical component of the security strategy
being pursued is related to the acquisition and use of technology.
The Transportation Security Acquisition Reform Act builds upon the
Committee on Homeland Security's work on the issue of TSA's acquisition
practices.
For years, I, along with Ranking Member Thompson and my fellow
colleagues on the Committee have urged TSA to be more transparent and
accountable when acquiring security-related technologies. H.R. 2719
requires just that.
It also requires TSA to take a hard look at the obstacles it has
encountered in the area of small business contracting and to identify
ways to improve in that area.
There were three Jackson Lee amendments offered to improve the bill
that aid in meeting the goals of the bill.
The first Jackson Lee amendment directs the Comptroller of the United
States to provide a report to the House and Senate Committees on
Homeland Security on their findings regarding the status of the
Transportation Security Administration's (TSA) implementation of GAO
recommendations related to acquisition of security technology.
The second Jackson Lee amendment directs the TSA to provide a report
to the House and Senate Homeland Security Committees on the feasibility
of inventory tracking through automated information and data capture
technologies.
This Jackson Lee amendment allows the TSA to investigate private
sector use of inventory tracking technology and determine if any of
these technologies would be beneficial to the agency.
The third Jackson Lee amendment states that to the extent
practicable, the Chief Privacy Officer for the Department of Homeland
Security shall include consultation with organizations that advocate
for the protection of privacy and civil liberties.
These Jackson Lee amendments were adopted en bloc by the Full
Committee and are included in H.R. 2719.
I was pleased to support this legislation during both the
Subcommittee and Full Committee markups of the measure and continue to
support it today.
Critically, this legislation requires TSA to develop a multiyear
plan for its investments in security-related technology.
With the plan, vision, and oversight this bill mandates, I am
hopeful TSA's missteps in the area of security-related technology
acquisition will soon be a thing of the past.
I urge my colleagues to join me in support of H.R. 2719. I yield
back my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Texas (Mr. McCaul) that the House suspend the rules and
pass the bill, H.R. 2719, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. RICHMOND. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________