6 U.S.C. § 563f — Diversified security technology industry

Page 281 TITLE 6—DOMESTIC SECURITY § 563f (2) Report Not later than 30 days after making a find- ing described in clause (i), (ii), or (iii) of sub- paragraph (A), the Administrator shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives that includes— (A) 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 de- livery has been delayed by more than 180 days; or (iii) there is a failure to meet any per- formance milestone that directly impacts security effectiveness; (B) the cause for such excessive costs, delay, or failure; and (C) a plan for corrective action. (Pub. L. 107–296, title XVI, § 1613, as added Pub. L. 113–245, § 3(a), Dec. 18, 2014, 128 Stat. 2874.) § 563c. Inventory utilization (a) In general Before the procurement of additional quan- tities of equipment to fulfill a mission need, the Administrator, to the extent practicable, shall utilize any existing units in the Administra- tion’s inventory to meet that need. (b) Tracking of inventory (1) In general The Administrator shall establish a process for tracking— (A) the location of security-related equip- ment in the inventory under subsection (a); (B) the utilization status of security-re- lated technology in the inventory under sub- section (a); and (C) the quantity of security-related equip- ment in the inventory under subsection (a). (2) Internal controls The Administrator shall implement internal controls to ensure up-to-date accurate data on security-related technology owned, deployed, and in use. (c) Logistics management (1) In general The Administrator shall establish logistics principles for managing inventory in an effec- tive and efficient manner. (2) Limitation on just-in-time logistics The Administrator may not use just-in-time logistics if doing so— (A) would inhibit necessary planning for large-scale delivery of equipment to airports or other facilities; or (B) would unduly diminish surge capacity for response to a terrorist threat. (Pub. L. 107–296, title XVI, § 1614, as added Pub. L. 113–245, § 3(a), Dec. 18, 2014, 128 Stat. 2876.) § 563d. Small business contracting goals Not later than 90 days after December 18, 2014, and annually thereafter, the Administrator shall submit a report to the Committee on Com- merce, Science, and Transportation of the Sen- ate and the Committee on Homeland Security of the House of Representatives that includes— (1) the Administration’s performance record with respect to meeting its published small- business contracting goals during the pre- ceding fiscal year; (2) if the goals described in paragraph (1) were not met or the Administration’s perform- ance was below the published small-business contracting goals of the Department— (A) a list of challenges, including devi- ations from the Administration’s subcon- tracting plans, and factors that contributed to the level of performance during the pre- ceding fiscal year; (B) an action plan, with benchmarks, for addressing each of the challenges identified in subparagraph (A) that— (i) is 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 dis- advantaged businesses, in prior fiscal years; and (ii) identifies policies and procedures that could be incorporated by the Admin- istration in furtherance of achieving the Administration’s published goal for such contracting; and (3) a status report on the implementation of the action plan that was developed in the pre- ceding fiscal year in accordance with para- graph (2)(B), if such a plan was required. (Pub. L. 107–296, title XVI, § 1615, as added Pub. L. 113–245, § 3(a), Dec. 18, 2014, 128 Stat. 2876.) § 563e. Consistency with the Federal Acquisition Regulation and departmental policies and di- rectives The Administrator shall execute the respon- sibilities set forth in this part in a manner con- sistent with, and not duplicative of, the Federal Acquisition Regulation and the Department’s policies and directives. (Pub. L. 107–296, title XVI, § 1616, as added Pub. L. 113–245, § 3(a), Dec. 18, 2014, 128 Stat. 2877.) § 563f. Diversified security technology industry marketplace (a) In general Not later than 120 days after October 5, 2018, the Administrator shall develop and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Com- mittee on Homeland Security of the House of Representatives a strategy to promote a diverse security technology industry marketplace upon which the Administrator can rely to acquire ad- vanced transportation security technologies or capabilities, including by increased participa- tion of small business innovators. (b) Contents The strategy required under subsection (a) shall include the following: Page 282 TITLE 6—DOMESTIC SECURITY § 565 1 So in original. Probably should be preceded by ‘‘a’’. (1) Information on how existing Administra- tion solicitation, testing, evaluation, piloting, acquisition, and procurement processes impact the Administrator’s ability to acquire from the security technology industry marketplace, including small business innovators that have not previously provided technology to the Ad- ministration, innovative technologies or capa- bilities with the potential to enhance trans- portation security. (2) Specific actions that the Administrator will take, including modifications to the proc- esses described in paragraph (1), to foster di- versification within the security technology industry marketplace. (3) Projected timelines for implementing the actions described in paragraph (2). (4) Plans for how the Administrator could, to the extent practicable, assist a small business innovator periodically during such processes, including when such an innovator lacks ade- quate resources to participate in such proc- esses, to facilitate an advanced transportation security technology or capability being devel- oped and acquired by the Administrator. (5) An assessment of the feasibility of partnering with an organization described in section 501(c)(3) of title 26 and exempt from tax under section 501(a) of title 26 to provide venture capital to businesses, particularly small business innovators, for commercializa- tion of innovative transportation security technologies that are expected to be ready for commercialization in the near term and with- in 36 months. (c) Feasibility assessment In conducting the feasibility assessment under subsection (b)(5), the Administrator shall con- sider the following: (1) Establishing an organization described in section 501(c)(3) of title 26 and exempt from tax under section 501(a) of title 26 as a venture capital partnership between the private sector and the intelligence community to help busi- nesses, particularly small business innovators, commercialize innovative security-related technologies. (2) Enhanced engagement through the Science and Technology Directorate of the De- partment of Homeland Security. (d) Rule of construction Nothing in this section may be construed as requiring changes to the Transportation Secu- rity Administration standards for security tech- nology. (e) Definitions In this section: (1) Intelligence community The term ‘‘intelligence community’’ has the meaning given the term in section 3003 of title 50. (2) Small business concern The term ‘‘small business concern’’ has the meaning described under section 632 of title 15. (3) Small business innovator The term ‘‘small business innovator’’ means a small business concern that has an advanced transportation security technology or capa- bility. (Pub. L. 107–296, title XVI, § 1617, as added Pub. L. 115–254, div. K, title I, § 1913(a), Oct. 5, 2018, 132 Stat. 3554.) PART C—MAINTENANCE OF SECURITY-RELATED TECHNOLOGY § 565. Maintenance validation and oversight (a) In general Not later than 180 days after October 5, 2018, the Administrator shall develop and implement a preventive maintenance validation process for security-related technology deployed to air- ports. (b) Maintenance by Administration personnel at airports For maintenance to be carried out by Admin- istration personnel at airports, the process re- ferred to in subsection (a) shall include the fol- lowing: (1) Guidance to Administration personnel at airports specifying how to conduct and docu- ment preventive maintenance actions. (2) Mechanisms for the Administrator to verify compliance with the guidance issued pursuant to paragraph (1). (c) Maintenance by contractors at airports For maintenance to be carried by a contractor at airports, the process referred to in subsection (a) shall require the following: (1) Provision of monthly preventative main- tenance schedules to appropriate Administra- tion personnel at each airport that includes information on each action to be completed by contractor.1 (2) Notification to appropriate Administra- tion personnel at each airport when mainte- nance action is completed by a contractor. (3) A process for independent validation by a third party of contractor maintenance. (d) Penalties for noncompliance The Administrator shall require maintenance for any contracts entered into 60 days after Oc- tober 5, 2018, or later for security-related tech- nology deployed to airports to include penalties for noncompliance when it is determined that either preventive or corrective maintenance has not been completed according to contractual re- quirements and manufacturers’ specifications. (Pub. L. 107–296, title XVI, § 1621, as added Pub. L. 115–254, div. K, title I, § 1918(a), Oct. 5, 2018, 132 Stat. 3558.) SUBCHAPTER XIII—EMERGENCY COMMUNICATIONS Editorial Notes CODIFICATION This subchapter is comprised of title XVIII of Pub. L. 107–296, as added by Pub. L. 109–295, title VI, § 671(b), Oct. 4, 2006, 120 Stat. 1433. Another title XVIII of Pub. L. 107–296 was renumbered title XIX and is classified to subchapter XIV (§ 591 et seq.) of this chapter.