[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.

                          ____________________