,,ii ,calendar ,no4 #eii #aacth ,,congress #b;d ,session ,s4 #ahic ,report ,no4 #aac-bgd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #bj1 #bjac,ms4 ,ayotte 7for herself1 ,mr4 ,blunt1 and ,mr4 ,blumenthal7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,november #ag1 #bjad,reported by ,mr4 ,rockefeller1 with an amendment,strike out all after the enacting clause and insert the part printed in italic ,a ,,bill ,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 7referred to in this ,act 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 #bcab et seq47 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 ,plan ,the term ,plan means the multiyear technology investment plan developed by the ,administrator under section #afaa4 7#d7 ,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 the enactment of this subtitle1 shall develop and submit 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 the ,plan in an unclassified format within the public domain4 7b7 ,consultation ,the ,administrator shall develop the ,plan in consultation with-- 7#a7 the ,under ,secretary for ,management2 7#b7 the ,chief ,information ,officer2 and 7#c7 the ,under ,secretary for ,science and ,technology4 7c7 ,approval ,the ,administrator may not publish the ,plan under subsection 7a77#b7 until it has been approved by the ,secretary4 7d7 ,contents of ,plan ,the ,plan shall include-- 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 #gjg2 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 measures2 7#c7 an analysis of current trends in domestic and international passenger travel2 7#d7 an identification of currently deployed security-related technologies that are at or near the end of their lifecycle2 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 needs2 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 transfer2 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 agencies2 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 attack2 and 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 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 submitted to ,congress1 the ,administrator shall submit to ,congress-- 7#a7 an update of the ,plan2 and 7#b7 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 ,administrator1 in accordance with the ,department's policies and directives1 shall determine whether the acquisition is justified by conducting a comprehensive analysis that includes-- 7#a7 an identification of the type and level of risk to transportation security that would be addressed by such technology acquisition2 7#b7 an assessment of how the proposed acquisition aligns to the multiyear technology investment plan developed under section #afaa2 7#c7 a comparison of the total expected lifecycle cost against the total expected quantitative and qualitative benefits to transportation security2 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 considerations2 7#e7 an evaluation of the privacy and civil liberties implications of the proposed acquisition that includes1 to the extent practicable1 consultation with organizations that advocate for the protection of privacy and civil liberties1 and a determination that the proposed acquisition is consistent with fair information practice principles issued by the ,privacy ,officer of the ,department2 and 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 submit1 to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,homeland ,security of the ,house of ,representatives-- 7,a7 the results of the comprehensive acquisition analysis required under this section2 and 7,b7 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-- 7,a7 may reduce the #cj-;day period under paragraph 7#a7 to #e days in order to rapidly respond2 and 7,b7 shall provide immediate notice of such imminent threat to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,homeland ,security of the ,house of ,representatives4 #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 under paragraph 7#a7 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#b77;,a71 the appropriate acquisition official of the ,department1 to the extent possible and in consultation with the ,under ,secretary for ,science and ,technology1 shall 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 that describes-- 7,a7 the activities that will be required to assess acquired technologies against the performance milestones established under paragraph 7#b77;,a72 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-- 7i7 the planned testing and evaluation activities have been completed2 and 7ii7 the results of such testing and evaluation demonstrate that the performance milestones are technologically feasible4 7#b7 ,report ,not later than #cj days after making a finding described in clause 7i71 7ii71 or 7iii7 of subparagraph 7,a71 the ,administrator shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,homeland ,security of the ,house of ,representatives that includes-- 7,a7 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 effectiveness2 7,b7 the cause for such excessive costs1 delay1 or failure2 and 7,c7 a plan for corrective action4 #afad4 ,inventory utilization 7a7 ,in general ,before the procurement of additional quantities of equipment to fulfill a mission need1 the ,administrator1 to the extent practicable1 shall utilize any existing units in the ,administration's inventory to meet that need4 7b7 ,tracking of inventory 7#a7 ,in general ,the ,administrator shall establish a process for tracking-- 7,a7 the location of security-related equipment in such inventory2 7,b7 the utilization status of security-related technology in such inventory2 and 7,c7 the quantity of security-related equipment in such inventory4 7#b7 ,internal controls ,the ,administrator shall implement internal controls to ensure accurate data on security-related technology utilization4 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 this subtitle1 and annually thereafter1 the ,administrator shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,homeland ,security of the ,house of ,representatives that includes-- 7#a7 a restatement of the ,administration's published goals for contracting with small businesses1 including small and disadvantaged businesses2 7#b7 the ,administration's performance record with respect to meeting the goals referred to in paragraph 7#a7 during the preceding fiscal year2 7#c7 if the goals referred to in paragraph 7#a7 were not met or the ,administration's performance was below the published goals of the ,department-- 7,a7 an itemized list of challenges1 including deviations from the ,administration's subcontracting plans1 that contributed to the level of performance during the preceding fiscal year2 and 7,b7 the extent to which contract bundling was a contributing factor to such level of performance2 7#d7 an action plan1 with benchmarks1 for addressing each of the challenges identified in paragraph 7#c77;,a71 which-- 7,a7 was 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 years2 and 7,b7 identifies policies and procedures that could be incorporated by the ,administration in furtherance of achieving the ,administration's published goal for such contracting2 and 7#e7 a status report on the implementation of the action plan that was developed in the preceding fiscal year in accordance with paragraph 7#d74 #afaf4 ,consistency with the ,federal acquisition regulation and departmental policies and directives ,the ,administrator shall execute the 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 the ,homeland ,security ,act of #bjjb 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 ,nothing in this section may be construed to affect any amendment made by title ,,xvi of the ,homeland ,security ,act of #bjjb as in effect before the date of the enactment of this ,act4 #d4 ,government ,accountability ,office reports 7a7 ,implementation of previous recommendations ,not later than #a year after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit a report to ,congress that contains an assessment of the ,transportation ,security ,administration's implementation of recommendations regarding the acquisition of technology that were made by the ,government ,accountability ,office before the date of the enactment of this ,act4 7b7 ,implementation of ,subtitle ,b of ,title ,,xvi ,not later than #a year after the date of the enactment of this ,act and #c years thereafter1 the ,comptroller ,general of the ,united ,states shall submit a report to ,congress that contains an evaluation of the ,transportation ,security ,administration's progress in implementing subtitle ,b of title ,,xvi of the ,homeland ,security ,act of #bjjb 7#aaf ,stat4 #bcab71 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 the enactment of this ,act1 the ,administrator of the ,transportation ,security ,administration shall submit a 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 submit a report to ,congress that includes-- 7#a7 an evaluation of the ,transportation ,security ,administration's testing and evaluation activities related to security-related technologies2 7#b7 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 acquisitions for technology programs and projects2 and 7,b7 security-related technologies that have been tested1 evaluated1 and certified for use by the ,administration are not procured by the ,administration1 including the reasons for such failure to procure2 and 7#c7 recommendations-- 7,a7 to improve the efficiency and efficacy of such testing and evaluation activities2 and 7,b7 to better align such testing and evaluation with the acquisitions process4 #g4 ,no additional authorization of appropriations ,this ,act and the amendments made by this ,act shall be carried out using amounts otherwise available for such purpose4 ,no additional funds are authorized to be appropriated to carry out this ,act or such amendments4 #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 has not consistently implemented ,department of ,homeland ,security policies and ,government best practices for acquisition and procurement4 7#b7 ,the ,transportation ,security ,administration has only recently developed a multiyear technology investment plan1 and has underutilized innovation opportunities within the private sector1 including from small businesses4 7#c7 ,the ,transportation ,security ,administration 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 ,plan ,the term ,plan means the strategic #e-year technology investment plan developed by the ,administrator under section #afaa4 7#d7 ,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 #e-year technology investment plan 7a7 ,in general ,the ,administrator shall-- 7#a7 not later than #ahj days after the date of the enactment of the ,transportation ,security ,acquisition ,reform ,act1 develop and submit to ,congress a strategic #e-year technology investment plan1 that 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 publish the ,plan in an unclassified format in the public domain4 7b7 ,consultation ,the ,administrator shall develop the ,plan in consultation with-- 7#a7 the ,under ,secretary for ,management2 7#b7 the ,under ,secretary for ,science and ,technology2 7#c7 the ,chief ,information ,officer2 and 7#d7 the aviation industry stakeholder advisory committee established by the ,administrator4 7c7 ,approval ,the ,administrator may not publish the ,plan under subsection 7a77#b7 until it has been approved by the ,secretary4 7d7 ,contents of ,plan ,the ,plan shall include-- 7#a7 an analysis of transportation security risks and the associated capability gaps that would be best addressed by security-related technology1 including consideration of the most recent ,quadrennial ,homeland ,security ,review under section #gjg2 7#b7 a set of security-related technology acquisition needs that-- 7,a7 is prioritized based on risk and associated capability gaps identified under paragraph 7#a72 and 7,b7 includes planned technology programs and projects with defined objectives1 goals1 timelines1 and measures2 7#c7 an analysis of current and forecast trends in domestic and international passenger travel2 7#d7 an identification of currently deployed security-related technologies that are at or near the end of their lifecycles2 7#e7 an identification of test1 evaluation1 modeling1 and simulation capabilities1 including target methodologies1 rationales1 and timelines necessary to support the acquisition of the security-related technologies expected to meet the needs under paragraph 7#b72 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 transfer2 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 agencies2 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 attack2 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 evaluation2 7#aj7 an assessment of the impact to commercial aviation passengers2 7#aa7 a strategy for consulting airport management1 airline representatives1 and ,federal security directors whenever an acquisition will lead to the removal of equipment at airports1 and how the strategy for consulting with such officials of the relevant airports will address potential negative impacts on commercial passengers or airport operations2 and 7#ab7 in consultation with the ,national ,institutes of ,standards and ,technology1 an identification of security-related technology interface standards1 in existence or if implemented1 that could promote more interoperable passenger1 baggage1 and cargo screening systems4 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 private sector input1 including from the aviation industry stakeholder advisory committee established by the ,administrator1 through requests for information1 industry days1 and other innovative means consistent with the ,federal ,acquisition ,regulation2 and 7#c7 in consultation with the ,under ,secretary for ,science and ,technology1 identify technologies in existence or in development that1 with or without adaptation1 are expected to be suitable to meeting mission needs4 7f7 ,disclosure ,the ,administrator shall include with the ,plan a list of nongovernment persons that contributed to the writing of the ,plan4 7g7 ,update and report ,beginning #b years after the date the ,plan is submitted to ,congress under subsection 7a71 and biennially thereafter1 the ,administrator shall submit to ,congress-- 7#a7 an update of the ,plan2 and 7#b7 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 security-related technology4 #afab4 ,acquisition justification and reports 7a7 ,acquisition justification ,before the ,administration implements any security-related technology acquisition1 the ,administrator1 in accordance with the ,department's policies and directives1 shall determine whether the acquisition is justified by conducting an analysis that includes-- 7#a7 an identification of the scenarios and level of risk to transportation security from those scenarios that would be addressed by the security-related technology acquisition2 7#b7 an assessment of how the proposed acquisition aligns to the ,plan2 7#c7 a comparison of the total expected lifecycle cost against the total expected quantitative and qualitative benefits to transportation security2 7#d7 an analysis of alternative security solutions1 including policy or procedure solutions1 to determine if the proposed security-related technology acquisition is the most effective and cost-efficient solution based on cost-benefit considerations2 7#e7 an assessment of the potential privacy and civil liberties implications of the proposed acquisition that includes1 to the extent practicable1 consultation with organizations that advocate for the protection of privacy and civil liberties2 7#f7 a determination that the proposed acquisition is consistent with fair information practice principles issued by the ,privacy ,officer of the ,department2 7#g7 confirmation that there are no significant risks to human health or safety posed by the proposed acquisition2 and 7#h7 an estimate of the benefits to commercial aviation passengers4 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 ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,homeland ,security of the ,house of ,representatives-- 7,a7 the results of the comprehensive acquisition justification under subsection 7a72 and 7,b7 a certification by the ,administrator that the benefits to transportation security 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-- 7,a7 may reduce the #cj-;day period under paragraph 7#a7 to #e days to rapidly respond to the threat2 and 7,b7 shall immediately notify the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,homeland ,security of the ,house of ,representatives of the known or suspected imminent threat4 #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 under paragraph 7#a7 shall-- 7,a7 include the estimated costs 7including lifecycle costs71 schedule1 and performance milestones for the planned duration of the acquisition2 7,b7 identify the acquisition risks and a plan for mitigating these risks2 and 7,c7 assess the personnel necessary to manage the acquisition process1 manage the ongoing program1 and support training and other operations as necessary4 7#c7 ,feasibility ,in establishing the performance milestones under paragraph 7#b77;,a71 the appropriate acquisition official of the ,department1 to the extent possible and in consultation with the ,under ,secretary for ,science and ,technology1 shall 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 that describes-- 7,a7 the activities that are expected to be required to assess acquired technologies against the performance milestones established under paragraph 7#b77;,a72 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 7,c7 an efficient planning schedule to ensure that test and evaluation activities are completed without undue delay2 and 7,d7 if commercial aviation passengers are expected to interact with the security-related technology1 methods that could be used to measure passenger acceptance of and familiarization with the security-related technology4 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 ,plan2 and 7,b7 shall ensure that the use 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 that 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-- 7i7 the planned testing and evaluation activities have been completed2 and 7ii7 the results of that testing and evaluation demonstrate that the performance milestones are technologically feasible4 7#b7 ,report ,not later than #cj days after making a finding described in clause 7i71 7ii71 or 7iii7 of subparagraph 7,a71 the ,administrator shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,homeland ,security of the ,house of ,representatives that includes-- 7,a7 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 effectiveness2 7,b7 the cause for that excessive costs1 delay1 or failure2 and 7,c7 a plan for corrective action4 #afad4 ,inventory utilization 7a7 ,in general ,before the procurement of additional quantities of equipment to fulfill a mission need1 the ,administrator1 to the extent practicable1 shall utilize any existing units in the ,administration's inventory to meet that need4 7b7 ,tracking of inventory 7#a7 ,in general ,the ,administrator shall establish a process for tracking-- 7,a7 the location of security-related equipment in the inventory under subsection 7a72 7,b7 the utilization status of security-related technology in the inventory under subsection 7a72 and 7,c7 the quantity of security-related equipment in the inventory under subsection 7a74 7#b7 ,internal controls ,the ,administrator shall implement internal controls to ensure up-to-date accurate data on security-related technology owned1 deployed1 and in use4 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-- 7,a7 would inhibit necessary planning for large-scale delivery of equipment to airports or other facilities2 or 7,b7 would 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 a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,homeland ,security of the ,house of ,representatives that includes-- 7#a7 the ,administration's performance record with respect to meeting its published small-business contracting goals during the preceding fiscal year2 7#b7 if the goals described in paragraph 7#a7 were not met or the ,administration's performance was below the published small-business contracting goals of the ,department-- 7,a7 a list of challenges1 including deviations from the ,administration's subcontracting plans1 and factors that contributed to the level of performance during the preceding fiscal year2 7,b7 an action plan1 with benchmarks1 for addressing each of the challenges identified in subparagraph 7,a71 which-- 7i7 was 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 years2 and 7ii7 identifies policies and procedures that could be incorporated by the ,administration in furtherance of achieving the ,administration's published goal for such contracting2 and 7#c7 a status report on the implementation of the action plan that was developed in the preceding fiscal year in accordance with paragraph 7#b77;,b71 if such a plan was required4 #afaf4 ,consistency with the ,federal acquisition regulation and departmental policies and directives ,the ,administrator shall execute the 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 ,conforming amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb 7#aaf ,stat4 #bace7 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 #e-year 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 ,nothing in this section may be construed to affect any amendment made by title ,,xvi of the ,homeland ,security ,act of #bjjb 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 the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit a report to ,congress that contains an assessment of the ,transportation ,security ,administration's implementation of recommendations regarding the acquisition of security-related technology that were made by the ,government ,accountability ,office before the date of the enactment of this ,act4 7b7 ,implementation of subtitle ,b of ,title ,,xvi ,not later than #a year after the date of the enactment of this ,act and #c years thereafter1 the ,comptroller ,general of the ,united ,states shall submit a report to ,congress that contains an evaluation of the ,transportation ,security ,administration's progress in implementing subtitle ,b of title ,,xvi of the ,homeland ,security ,act of #bjjb 7#aaf ,stat4 #bcab71 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 the enactment of this ,act1 the ,administrator of the ,transportation ,security ,administration shall submit a report to ,congress on the feasibility of tracking security-related technology1 including software solutions1 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 submit a report to ,congress that includes-- 7#a7 an evaluation of the ,transportation ,security ,administration's testing and evaluation activities related to security-related technology2 7#b7 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 annual budget request1 acquisition needs1 planned procurements1 and acquisitions for technology programs and projects2 and 7,b7 security-related technology that has been tested1 evaluated1 and certified for use by the ,administration but was not procured by the ,administration1 including the reasons the procurement did not occur2 and 7#c7 recommendations-- 7,a7 to improve the efficiency and efficacy of such testing and evaluation activities2 and 7,b7 to better align such testing and evaluation with the acquisitions process4 #g4 ,no additional authorization of appropriations ,this ,act and the amendments made by this ,act shall be carried out using amounts otherwise available for such purpose4 ,no additional funds are authorized to be appropriated to carry out this ,act or such amendments4 ,november #ag1 #bjad,reported with an amendment