#aacth ,,congress #ast ,session ,h4 ,r4 #bgai ,,an ,,act ,to require the ,transportation ,security ,administration to implement best practices and improve transparency with regard to technology acquisition programs1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,transportation ,security ,acquisition ,reform ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,the ,transportation ,security ,administration 7in this ,act referred to as ,,tsa7 does not consistently implement ,department of ,homeland ,security policies and ,government best practices for acquisition and procurement4 7#b7 ,,tsa has not developed a multiyear technology investment plan4 ,as a result1 ,,tsa has underutilized innovation opportunities within the private sector1 including from small businesses4 7#c7 ,due in part to the deficiencies referred to in paragraphs 7#a7 and 7#b71 ,,tsa has faced challenges in meeting key performance requirements for several major acquisitions and procurements1 resulting in reduced security effectiveness and wasted expenditures4 #c4 ,transportation security administration acquisition reform 7a7 ,in general ,title ,,xvi of the ,homeland ,security ,act of #bjjb 7#aaf ,stat4 #bcab7 is amended to read as follows3 ,,xvi ,transportation ,security ,a ,general ,provisions #afja4 ,definitions ,in this title3 7#a7 ,administration ,the term ,administration means the ,transportation ,security ,administration4 7#b7 ,administrator ,the term ,administrator means the ,administrator of the ,transportation ,security ,administration4 7#c7 ,security-related technology ,the term security-related technology means any technology that assists the ,administration in the prevention of1 or defense against1 threats to ,united ,states transportation systems1 including threats to people1 property1 and information4 ,b ,transportation ,security ,administration ,acquisition ,improvements #afaa4 ,multiyear technology investment plan 7a7 ,in general ,the ,administrator-- 7#a7 not later than #ahj days after the date of enactment of the ,transportation ,security ,acquisition ,reform ,act1 shall develop and transmit to ,congress a strategic multiyear technology investment plan1 which may include a classified addendum to report sensitive transportation security risks1 technology vulnerabilities1 or other sensitive security information2 and 7#b7 to the extent possible1 shall publish such plan in an unclassified format within the public domain4 7b7 ,consultation ,the ,administrator shall develop the multiyear technology investment plan in consultation with the ,under ,secretary for ,management1 the ,chief ,information ,officer1 and the ,under ,secretary for ,science and ,technology4 7c7 ,approval ,the ,secretary must have approved the multiyear technology investment plan before it is published under subsection 7a77#b74 7d7 ,contents of plan ,the multiyear technology investment plan shall include the following3 7#a7 ,an analysis of transportation security risks and the associated technology gaps1 including consideration of the most recent ,quadrennial ,homeland ,security ,review under section #gjg4 7#b7 ,a set of transportation security-related technology acquisition needs that-- 7,a7 is prioritized based on risk and gaps identified under paragraph 7#a72 and 7,b7 includes planned technology programs and projects with defined objectives1 goals1 and measures4 7#c7 ,an analysis of current trends in domestic and international passenger travel4 7#d7 ,an identification of currently deployed security-related technologies that are at or near the end of their lifecycle4 7#e7 ,an identification of test1 evaluation1 modeling1 and simulation capabilities that will be required to support the acquisition of the security-related technologies to meet those needs4 7#f7 ,an identification of opportunities for public-private partnerships1 small and disadvantaged company participation1 intragovernment collaboration1 university centers of excellence1 and national laboratory technology transfer4 7#g7 ,an identification of the ,administration's acquisition workforce needs that will be required for the management of planned security-related technology acquisitions1 including consideration of leveraging acquisition expertise of other ,federal agencies4 7#h7 ,an identification of the security resources1 including information security resources1 that will be required to protect security-related technology from physical or cyber theft1 diversion1 sabotage1 or attack4 7#i7 ,an identification of initiatives to streamline the ,administration's acquisition process and provide greater predictability and clarity to small1 medium1 and large businesses1 including the timeline for testing and evaluation4 7e7 ,leveraging the private sector ,to the extent possible1 and in a manner that is consistent with fair and equitable practices1 the plan shall-- 7#a7 leverage emerging technology trends and research and development investment trends within the public and private sectors2 7#b7 incorporate feedback and input received from the private sector through requests for information1 industry days1 and other innovative means consistent with the ,federal ,acquisition ,regulation2 and 7#c7 leverage market research conducted by the ,under ,secretary for ,science and ,technology to identify technologies that exist or are in development that1 with or without adaptation1 could be utilized to meet mission needs4 7f7 ,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 plan4 7g7 ,update and ,report ,once every #b years after the initial strategic plan is transmitted to ,congress1 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 7d77#b7 for that technology4 #afab4 ,acquisition justification and reports 7a7 ,acquisition justification ,before the ,administration implements any security-related technology acquisition1 the ,administrator shall1 in accordance with the ,department's policies and directives1 conduct a comprehensive analysis to determine whether the acquisition is justified4 ,the analysis shall include1 but may not be limited to1 the following3 7#a7 ,an identification of the type and level of risk to transportation security that would be addressed by such technology acquisition4 7#b7 ,an assessment of how the proposed acquisition aligns to the multiyear technology investment plan developed under section #afaa4 7#c7 ,a comparison of the total expected lifecycle cost against the total expected quantitative and qualitative benefits to transportation security4 7#d7 ,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 considerations4 7#e7 ,an evaluation of the privacy and civil liberties implications of the proposed acquisition1 and a determination that the proposed acquisition is consistent with fair information practice principles issued by the ,privacy ,officer of the ,department4 ,to the extent practicable1 the evaluation shall include consultation with organizations that advocate for the protection of privacy and civil liberties4 7#f7 ,confirmation that there are no significant risks to human health and safety posed by the proposed acquisition4 7b7 ,reports and certification to congress 7#a7 ,in general ,not later than the end of the #cj-;day period preceding the award by the ,administration of a contract for any security-related technology acquisition exceeding #cj1jjj1jjj1 the ,administrator shall submit to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 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 cost4 7#b7 ,extension due to imminent terrorist threat ,if there is a known or suspected imminent threat to transportation security1 the ,administrator may reduce the #cj-;day period under paragraph 7#a7 to #e days in order to rapidly respond4 7#c7 ,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 ,commerce1 ,science1 and ,transportation of the ,senate4 #afac4 ,acquisition baseline establishment and reports 7a7 ,baseline requirements 7#a7 ,in general ,before the ,administration implements any security-related technology acquisition1 the appropriate acquisition official of the ,department shall establish and document a set of formal baseline requirements4 7#b7 ,contents ,the baseline requirements shall-- 7,a7 include the estimated costs 7including lifecycle costs71 schedule1 and performance milestones for the planned duration of the acquisition2 and 7,b7 identify the acquisition risks and a plan for mitigating these risks4 7#c7 ,feasibility ,in establishing the performance milestones under paragraph 7#b71 the appropriate acquisition official of the ,department shall1 to the extent possible and in consultation with the ,under ,secretary for ,science and ,technology1 ensure that achieving these milestones is technologically feasible4 7#d7 ,test and evaluation plan ,the ,administrator1 in consultation with the ,under ,secretary for ,science and ,technology1 shall develop a test and evaluation plan that1 at a minimum1 describes-- 7,a7 the activities that will be required to assess acquired technologies against the performance milestones established under paragraph 7#b72 7,b7 the necessary and cost-effective combination of laboratory testing1 field testing1 modeling1 simulation1 and supporting analysis to ensure that such technologies meet the ,administration's mission needs2 and 7,c7 an efficient schedule to ensure that test and evaluation activities are completed without undue delay4 7#e7 ,verification and validation ,the appropriate acquisition official of the ,department-- 7,a7 subject to subparagraph 7,b71 shall utilize independent reviewers to verify and validate the performance milestones and cost estimates developed under paragraph 7#b7 for a security-related technology that pursuant to section #afaa7;d77#b7 has been identified as a high priority need in the most recent multiyear technology investment plan2 and 7,b7 shall ensure that the utilization of independent reviewers does not unduly delay the schedule of any acquisition4 7#f7 ,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 technology4 7b7 ,review of baseline requirements and deviation2 report to ,congress 7#a7 ,review 7,a7 ,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 7a74 7,b7 ,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 feasible4 7#b7 ,report 7,a7 ,in general ,the ,administrator shall report to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate the results of any assessment that finds that-- 7i7 the actual or planned costs exceed the baseline costs by more than #aj percent2 7ii7 the actual or planned schedule for delivery has been delayed by more than #ahj days2 or 7iii7 there is a failure to meet any performance milestone that directly impacts security effectiveness4 7,b7 ,cause ,the report shall include the cause for such excessive costs1 delay1 or failure1 and a plan for corrective action4 7,c7 ,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 ,commerce1 ,science1 and ,transportation of the ,senate no later than #cj days after identifying such excessive costs1 delay1 or failure4 #afad4 ,inventory utilization 7a7 ,in general ,before the procurement of additional quantities of equipment to fulfill a mission need1 the ,administrator shall1 to the extent practicable1 utilize any existing units in the ,administration's inventory to meet that need4 7b7 ,tracking of inventory 7#a7 ,location ,the ,administrator shall establish a process for tracking the location of security-related equipment in such inventory4 7#b7 ,utilization ,the ,administrator shall-- 7,a7 establish a process for tracking the utilization status of security-related technology in such inventory2 and 7,b7 implement internal controls to ensure accurate data on security-related technology utilization4 7#c7 ,quantity ,the ,administrator shall establish a process for tracking the quantity of security-related equipment in such inventory4 7c7 ,logistics management 7#a7 ,in general ,the ,administrator shall establish logistics principles for managing inventory in an effective and efficient manner4 7#b7 ,limitation on just-in-time logistics ,the ,administrator may not use just-in-time logistics if doing so would-- 7,a7 inhibit necessary planning for large-scale delivery of equipment to airports or other facilities2 or 7,b7 unduly diminish surge capacity for response to a terrorist threat4 #afae4 ,small business contracting goals ,not later than #ij days after the date of enactment of the ,transportation ,security ,acquisition ,reform ,act1 and annually thereafter1 the ,administrator shall submit to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report that includes the following3 7#a7 ,a restatement of the ,administration's published goals for contracting with small businesses1 including small and disadvantaged businesses1 and the ,administration's performance record with respect to meeting those goals during the preceding fiscal year4 7#b7 ,if such goals were not met1 or the ,administration's performance was below the published goals of the ,department1 an itemized list of challenges1 including deviations from the ,administration's subcontracting plans and the extent to which contract bundling was a factor1 that contributed to the level of performance during the preceding fiscal year4 7#c7 ,an action plan1 with benchmarks1 for addressing each of the challenges identified in paragraph 7#b71 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 businesses1 including small and disadvantaged businesses1 in prior fiscal years1 to identify policies and procedures that could be incorporated at the ,administration in furtherance of achieving the ,administration's published goal for such contracting4 7#d7 ,the status of implementing such action plan that was developed in the preceding fiscal year in accordance with paragraph 7#c74 #afaf4 ,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 with1 and not duplicative of1 the ,federal ,acquisition ,regulation and the ,department's policies and directives4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of such ,act is amended by striking the items relating to title ,,xvi and inserting the following3 ,title ,,xvi--,transportation ,security ,subtitle ,a--,general ,provisions ,sec4 #afja4 ,definitions4 ,subtitle ,b--,transportation ,security ,administration ,acquisition ,improvements ,sec4 #afaa4 ,multiyear technology investment plan4 ,sec4 #afab4 ,acquisition justification and reports4 ,sec4 #afac4 ,acquisition baseline establishment and reports4 ,sec4 #afad4 ,inventory utilization4 ,sec4 #afae4 ,small business contracting goals4 ,sec4 #afaf4 ,consistency with the ,federal ,acquisition ,regulation and departmental policies and directives4 4 7c7 ,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 ,act4 #d4 ,government ,accountability ,office reports 7a7 ,implementation of previous recommendations ,not later than #a year after the date of enactment of this ,act1 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 ,act4 7b7 ,implementation of subtitle ,b of title ,,xvi ,not later than #a year after the date of enactment of this ,act and #c years thereafter1 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 #bjjb 7#aaf ,stat4 #bcab71 as amended by this ,act 7including provisions added to such subtitle after the date of enactment of this ,act71 including any efficiencies1 cost savings1 or delays that have resulted from such implementation4 #e4 ,report on feasibility of inventory tracking ,not later than #ij days after the date of enactment of this ,act1 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 technologies4 #f4 ,government ,accountability ,office review of ,,tsa's test and evaluation process ,not later than #a year after the date of the enactment of this ,act1 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 technologies4 ,the report shall include-- 7#a7 information on the extent to which -- 7,a7 the execution of such testing and evaluation activities is aligned1 temporally and otherwise1 with the ,administration's acquisition needs1 planned procurements1 and acquistions for technology programs and projects2 and 7,b7 the extent to which security-related technologies that have been tested1 evaluated1 and certified for use by the ,administration are not procured by the ,administration1 including information about why that occurs2 and 7#b7 recommendations to-- 7,a7 improve the efficiency and efficacy of such testing and evaluation activities2 and 7,b7 better align such testing and evaluation with the acquisitions process4 #g4 ,no additional authorization of appropriations ,no additional funds are authorized to be appropriated to carry out this ,act and the amendments made by this ,act1 and this ,act and such amendments shall be carried out using amounts otherwise available for such purpose4 ,passed the ,house of ,representatives ,december #c1 #bjac4;,clerk4