6 U.S.C. § 563 — 5-year technology investment plan

Page 278 TITLE 6—DOMESTIC SECURITY § 563 (4) Security-related technology The term ‘‘security-related technology’’ means any technology that assists the Admin- istration in the prevention of, or defense against, threats to United States transpor- tation systems, including threats to people, property, and information. (Pub. L. 107–296, title XVI, § 1601, as added Pub. L. 113–245, § 3(a), Dec. 18, 2014, 128 Stat. 2871.) Editorial Notes PRIOR PROVISIONS A prior section 1601 of Pub. L. 107–296, title XVI, Nov. 25, 2002, 116 Stat. 2312, amended sections 114 and 40119 of Title 49, Transportation, see section 3(c) of Pub. L. 113–245, set out as a note below. Statutory Notes and Related Subsidiaries FINDINGS Pub. L. 113–245, § 2, Dec. 18, 2014, 128 Stat. 2871, pro- vided that: ‘‘Congress finds the following: ‘‘(1) The Transportation Security Administration has not consistently implemented Department of Homeland Security policies and Government best practices for acquisition and procurement. ‘‘(2) The Transportation Security Administration has only recently developed a multiyear technology investment plan, and has underutilized innovation opportunities within the private sector, including from small businesses. ‘‘(3) The Transportation Security Administration has faced challenges in meeting key performance re- quirements for several major acquisitions and pro- curements, resulting in reduced security effective- ness and wasted expenditures.’’ PRIOR AMENDMENTS NOT AFFECTED Pub. L. 113–245, § 3(c), Dec. 18, 2014, 128 Stat. 2877, pro- vided that: ‘‘Nothing in this section [enacting this sub- chapter] may be construed to affect any amendment made by title XVI of the Homeland Security Act of 2002 [title XVI of Pub. L. 107–296, amending sections 114, 40119, 44935 and 46301 of Title 49, Transportation] as in effect before the date of enactment of this Act [Dec. 18, 2014].’’ PART B—TRANSPORTATION SECURITY ADMINISTRATION ACQUISITION IMPROVEMENTS § 563. 5-year technology investment plan (a) In general The Administrator shall— (1) not later than 180 days after December 18, 2014, develop and submit to Congress a stra- tegic 5-year technology investment plan, that may include a classified addendum to report sensitive transportation security risks, tech- nology vulnerabilities, or other sensitive secu- rity 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 advi- sory committee established by the Adminis- trator. (c) Approval The Administrator may not publish the Plan under subsection (a)(2) until it has been ap- proved 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 347 of this title; (2) a set of security-related technology ac- quisition needs that— (A) is prioritized based on risk and associ- ated capability gaps identified under para- graph (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 trav- el; (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, mod- eling, 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 pub- lic-private partnerships, small and disadvan- taged 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 manage- ment of planned security-related technology acquisitions, including consideration of leveraging acquisition expertise of other Fed- eral agencies; (8) an identification of the security re- sources, including information security re- sources, that will be required to protect secu- rity-related technology from physical or cyber theft, diversion, sabotage, or attack; (9) an identification of initiatives to stream- line the Administration’s acquisition process and provide greater predictability and clarity to small, medium, and large businesses, in- cluding the timeline for testing and evalua- tion; (10) an assessment of the impact to commer- cial aviation passengers; (11) a strategy for consulting airport man- agement, air carrier representatives, and Fed- eral security directors whenever an acquisi- tion 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 com- mercial passengers or airport operations; and (12) in consultation with the National Insti- tutes of Standards and Technology, an identi- fication of security-related technology inter- face standards, in existence or if implemented, that could promote more interoperable pas- senger, baggage, and cargo screening systems. Page 279 TITLE 6—DOMESTIC SECURITY § 563a (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, includ- ing from the aviation industry stakeholder ad- visory committee established by the Adminis- trator, through requests for information, in- dustry days, and other innovative means con- sistent with the Federal Acquisition Regula- tion; and (3) in consultation with the Under Secretary for Science and Technology, identify tech- nologies 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 contrib- uted to the writing of the Plan. (g) Update and report The Administrator shall, in collaboration with relevant industry and government stakeholders, annually submit to Congress in an appendix to the budget request and publish in an unclassi- fied format in the public domain— (1) an update of the Plan; (2) a report on the extent to which each se- curity-related technology acquired by the Ad- ministration 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-re- lated technology; and (3) information about acquisitions completed during the fiscal year preceding the fiscal year during which the report is submitted. (h) Additional update requirements Updates and reports under subsection (g) shall— (1) be prepared in consultation with— (A) the persons described in subsection (b); and (B) the Surface Transportation Security Advisory Committee established under sec- tion 204 of this title; and (2) include— (A) information relating to technology in- vestments by the Transportation Security Administration and the private sector that the Department supports with research, de- velopment, testing, and evaluation for avia- tion, including air cargo, and surface trans- portation security; (B) information about acquisitions com- pleted during the fiscal year preceding the fiscal year during which the report is sub- mitted; (C) information relating to equipment of the Transportation Security Administration that is in operation after the end of the life- cycle of the equipment specified by the man- ufacturer of the equipment; and (D) to the extent practicable, a classified addendum to report sensitive transportation security risks and associated capability gaps that would be best addressed by security-re- lated technology described in subparagraph (A). (i) Notice of covered changes to plan (1) Notice required The Administrator shall submit to the Com- mittee on Commerce, Science, and Transpor- tation of the Senate and the Committee on Homeland Security of the House of Represent- atives notice of any covered change to the Plan not later than 90 days after the date that the covered change is made. (2) Definition of covered change In this subsection, the term ‘‘covered change’’ means— (A) an increase or decrease in the dollar amount allocated to the procurement of a technology; or (B) an increase or decrease in the number of a technology. (Pub. L. 107–296, title XVI, § 1611, as added Pub. L. 113–245, § 3(a), Dec. 18, 2014, 128 Stat. 2872; amended Pub. L. 115–254, div. K, title I, § 1917, Oct. 5, 2018, 132 Stat. 3557.) Editorial Notes AMENDMENTS 2018—Subsec. (g). Pub. L. 115–254, § 1917(1)(A), sub- stituted ‘‘The Administrator shall, in collaboration with relevant industry and government stakeholders, annually submit to Congress in an appendix to the budget request and publish in an unclassified format in the public domain—’’ for ‘‘Beginning 2 years after the date the Plan is submitted to Congress under sub- section (a), and biennially thereafter, the Adminis- trator shall submit to Congress—’’ in introductory pro- visions. Subsec. (g)(3). Pub. L. 115–254, § 1917(1)(B)–(D), added par. (3). Subsecs. (h), (i). Pub. L. 115–254, § 1917(2), added sub- secs. (h) and (i). § 563a. Acquisition justification and reports (a) Acquisition justification Before the Administration implements any se- curity-related technology acquisition, the Ad- ministrator, in accordance with the Depart- ment’s policies and directives, shall determine whether the acquisition is justified by con- ducting an analysis that includes— (1) an identification of the scenarios and level of risk to transportation security from those scenarios that would be addressed by the security-related technology acquisition; (2) an assessment of how the proposed acqui- sition aligns to the Plan; (3) a comparison of the total expected lifecycle cost against the total expected quan- titative and qualitative benefits to transpor- tation security; (4) an analysis of alternative security solu- tions, including policy or procedure solutions, to determine if the proposed security-related technology acquisition is the most effective and cost-efficient solution based on cost-ben- efit considerations; (5) an assessment of the potential privacy and civil liberties implications of the proposed