[House Report 115-44]
[From the U.S. Government Publishing Office]


115th Congress   }                                            {  Report
                         HOUSE OF REPRESENTATIVES
 1st Session     }                                            {  115-44

======================================================================



 
         TRANSPARENCY IN TECHNOLOGICAL ACQUISITIONS ACT OF 2017

                                _______
                                

 March 20, 2017.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. McCaul, from the Committee on Homeland Security, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1353]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 1353) to amend the Homeland Security Act of 2002 
to require certain additional information to be submitted to 
Congress regarding the strategic 5-year technology investment 
plan of the Transportation Security Administration, having 
considered the same, report favorably thereon without amendment 
and recommend that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     2
Committee Consideration..........................................     2
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
New Budget Authority, Entitlement Authority, and Tax Expenditures     3
Congressional Budget Office Estimate.............................     3
Statement of General Performance Goals and Objectives............     3
Duplicative Federal Programs.....................................     3
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     4
Federal Mandates Statement.......................................     4
Preemption Clarification.........................................     4
Disclosure of Directed Rule Makings..............................     4
Advisory Committee Statement.....................................     4
Applicability to Legislative Branch..............................     4
Section-by-Section Analysis of the Legislation...................     4
Changes in Existing Law Made by the Bill, as Reported............     5

                          Purpose and Summary

    The purpose of H.R. 1353 is to amend the Homeland Security 
Act of 2002 (Pub. L. 107-296) to require certain additional 
information to be submitted to Congress regarding the strategic 
5-year technology investment plan of the Transportation 
Security Administration.

                  Background and Need for Legislation

    Congress previously enacted legislation to require a 5-year 
technology investment plan for the Transportation Security 
Administration (TSA), in order to provide greater transparency 
for policymakers and stakeholders into the direction TSA 
intends to go in technology procurement. Unfortunately, TSA 
issued disparate strategic guidance among different documents, 
thus continued to cause confusion among industry stakeholders. 
This legislation will ensure that TSA's 5-year plan is updated 
more consistently and that Congress and stakeholders are 
informed of any changes in procurement costs.

                                Hearings

    The Committee did not hold any legislative hearings on H.R. 
1353 in the 115th Congress. However, this legislation was 
informed by a Subcommittee on Transportation and Protective 
Security hearing on February 2, 2017, entitled ``The Future of 
the Transportation Security Administration.'' The Subcommittee 
received testimony from Mr. Roger Dow, CEO, U.S. Travel 
Association; Ms. Nina E. Brooks, Head of Security, Airports 
Council International; and Mr. J. David Cox, National 
President, American Federation of Government Employees.
    In the 114th Congress, the Subcommittee on Transportation 
Security held a hearing on January 7, 2016, entitled 
``Transportation Security Acuqisition Reform: Examining 
Remaining Challenges,'' at which the Subcommittee received 
testimony from Mr. Steven Wallen, Director, Explosives 
Division, Homeland Security Advanced Research Projects Agency, 
Science and Technology Directorate, U.S. Department of Homeland 
Security; Ms. Jill Vaughan, Assistant Administrator, Office of 
Security Technologies, Transportation Security Administration, 
U.S. Department of Homeland Security; Ms. Michele Mackin, 
Director, Office Acquisition and Sourcing Management, U.S. 
Government Accountability Office; and Mr. TJ Schulz, Executive 
Director, Security Manufacturers Coalition.This hearing 
informed the Subcommittee's oversight and subsequent 
legislation on the issue of technology procurement 
significantly.

                        Committee Consideration

    The Committee met on March 8, 2017, to consider H.R. 1353, 
and ordered the measure to be reported to the House with a 
favorable recommendation, without amendment, by voice vote.

                            Committee Votes

    Clause 3(b) of Rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    No recorded votes were requested during consideration of 
H.R. 1353.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of Rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
1353, the Transparency in Technological Acquisitions Act of 
2017, would result in no new or increased budget authority, 
entitlement authority, or tax expenditures or revenues.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of Rule XIII of the Rules of the 
House of Representatives, a cost estimate provided by the 
Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974 was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the 
House of Representatives, H.R. 1353 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    This legislation is intended to enhance the overall 
accountability of and insight into TSA's technology 
procurement. This will be accomplished by making the current 
biannual requirement for a 5-year plan an annual requirement 
and by supplying Congress with information about acquisitions 
completed during the preceding and current Fiscal Year in which 
the report is submitted. The legislation also directs TSA to 
inform Congress of changes in procurement costs, changes to 
procurement plans related to the report, as well as equipment 
lifecycle information.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of Rule XIII, the Committee finds 
that H.R. 1353 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with Rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the Rule 
XXI.

                       Federal Mandates Statement

    An estimate of Federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                        Preemption Clarification

    In compliance with section 423 of the Congressional Budget 
Act of 1974, requiring the report of any Committee on a bill or 
joint resolution to include a statement on the extent to which 
the bill or joint resolution is intended to preempt State, 
local, or Tribal law, the Committee finds that H.R. 1353 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 1353 would require no 
directed rule makings.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1.   Short Title.

    This section provides that this bill may be cited as the 
``Transparency in Technological Acquisitions Act of 2017''.

Sec. 2.   Information Required to be Submitted to Congress under the 
        Strategic 5-year Technology Investment Plan of the 
        Transportation Security Administration.

    This section amends the Homeland Security Act of 2002 to 
require the Transportation Security Administration (TSA) to 
annually report to Congress information about technological 
acquisitions completed in the preceding and current fiscal 
year. The section also directs the Administrator of TSA to 
submit to required Congressional committees notice of any 
increase or decrease in the dollar amount allocated to the 
procurement of a technology or increase in the number of units 
of a technology. Additionally, this section requires the 
Administrator to submit to Congress a report on technology 
begin used after its operational lifecycle or its useful life 
projection, as specified by either the manufacturer or TSA's 
own 5-year technology investment plan. Finally, TSA is required 
to notify airports and airlines of any changes to the 5-year 
technology investment plan.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                     HOMELAND SECURITY ACT OF 2002




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TITLE XVI--TRANSPORTATION SECURITY

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    Subtitle B--Transportation Security Administration Acquisition 
                              Improvements

SEC. 1611. 5-YEAR TECHNOLOGY INVESTMENT PLAN.

  (a) In General.--The Administrator shall--
          (1) not later than 180 days after the date of the 
        enactment of the Transportation Security Acquisition 
        Reform Act, develop and submit to Congress a strategic 
        5-year technology investment plan, that may include a 
        classified addendum to report sensitive transportation 
        security risks, technology vulnerabilities, or other 
        sensitive security information; and
          (2) to the extent possible, publish the Plan in an 
        unclassified format in the public domain.
  (b) Consultation.--The Administrator shall develop the Plan 
in consultation with--
          (1) the Under Secretary for Management;
          (2) the Under Secretary for Science and Technology;
          (3) the Chief Information Officer; and
          (4) the aviation industry stakeholder advisory 
        committee established by the Administrator.
  (c) Approval.--The Administrator may not publish the Plan 
under subsection (a)(2) until it has been approved by the 
Secretary.
  (d) Contents of Plan.--The Plan shall include--
          (1) an analysis of transportation security risks and 
        the associated capability gaps that would be best 
        addressed by security-related technology, including 
        consideration of the most recent quadrennial homeland 
        security review under section 707;
          (2) a set of security-related technology acquisition 
        needs that--
                  (A) is prioritized based on risk and 
                associated capability gaps identified under 
                paragraph (1); and
                  (B) includes planned technology programs and 
                projects with defined objectives, goals, 
                timelines, and measures;
          (3) an analysis of current and forecast trends in 
        domestic and international passenger travel;
          (4) an identification of currently deployed security-
        related technologies that are at or near the end of 
        their lifecycles;
          (5) an identification of test, evaluation, modeling, 
        and simulation capabilities, including target 
        methodologies, rationales, and timelines necessary to 
        support the acquisition of the security-related 
        technologies expected to meet the needs under paragraph 
        (2);
          (6) an identification of opportunities for public-
        private partnerships, small and disadvantaged company 
        participation, intragovernment collaboration, 
        university centers of excellence, and national 
        laboratory technology transfer;
          (7) an identification of the Administration's 
        acquisition workforce needs for the management of 
        planned security-related technology acquisitions, 
        including consideration of leveraging acquisition 
        expertise of other Federal agencies;
          (8) an identification of the security resources, 
        including information security resources, that will be 
        required to protect security-related technology from 
        physical or cyber theft, diversion, sabotage, or 
        attack;
          (9) an identification of initiatives to streamline 
        the Administration's acquisition process and provide 
        greater predictability and clarity to small, medium, 
        and large businesses, including the timeline for 
        testing and evaluation;
          (10) an assessment of the impact to commercial 
        aviation passengers;
          (11) a strategy for consulting airport management, 
        air carrier representatives, and Federal security 
        directors whenever an acquisition will lead to the 
        removal of equipment at airports, and how the strategy 
        for consulting with such officials of the relevant 
        airports will address potential negative impacts on 
        commercial passengers or airport operations; and
          (12) in consultation with the National Institutes of 
        Standards and Technology, an identification of 
        security-related technology interface standards, in 
        existence or if implemented, that could promote more 
        interoperable passenger, baggage, and cargo screening 
        systems.
  (e) Leveraging the Private Sector.--To the extent possible, 
and in a manner that is consistent with fair and equitable 
practices, the Plan shall--
          (1) leverage emerging technology trends and research 
        and development investment trends within the public and 
        private sectors;
          (2) incorporate private sector input, including from 
        the aviation industry stakeholder advisory committee 
        established by the Administrator, through requests for 
        information, industry days, and other innovative means 
        consistent with the Federal Acquisition Regulation; and
          (3) in consultation with the Under Secretary for 
        Science and Technology, identify technologies in 
        existence or in development that, with or without 
        adaptation, are expected to be suitable to meeting 
        mission needs.
  (f) Disclosure.--The Administrator shall include with the 
Plan a list of nongovernment persons that contributed to the 
writing of the Plan.
  (g) Update and Report.--Beginning 2 years after the date the 
Plan is submitted to Congress under subsection (a), and 
[biennially] annually thereafter, the Administrator shall 
submit to Congress--
          (1) an update of the Plan; [and]
          (2) a report on the extent to which each security-
        related technology acquired by the Administration since 
        the last issuance or update of the Plan is consistent 
        with the planned technology programs and projects 
        identified under subsection (d)(2) for that security-
        related technology[.]; and
          (3) information about acquisitions completed during 
        the fiscal year preceding the fiscal year during which 
        the report is submitted.
  (h) Notice of Covered Changes to Plan.--
          (1) Notice required.--The Administrator shall submit 
        to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Homeland Security of the House of Representatives 
        notice of any covered change to the Plan by not later 
        than 90 days after the date on which the change is 
        made.
          (2) Definition of change.--In this subsection, the 
        term ``covered change'' means an increase or decrease 
        in the dollar amount allocated to the procurement of a 
        technology or an increase or decrease in the number of 
        a technology.

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