Title 6 — Domestic Security
Part B · Chapter 1 — Homeland Security Organization
§ 563. 5-year technology investment plan
Statutory text
In general
The Administrator shall—
not later than 180 days after , 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
to the extent possible, publish the Plan in an unclassified format in the public domain.
Consultation
The Administrator shall develop the Plan in consultation with—
the Under Secretary for Management;
the Under Secretary for Science and Technology;
the Chief Information Officer; and
the aviation industry stakeholder advisory committee established by the Administrator.
Approval
The Administrator may not publish the Plan under subsection (a)(2) until it has been approved by the Secretary.
Contents of Plan
The Plan shall include—
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;
a set of security-related technology acquisition needs that—
is prioritized based on risk and associated capability gaps identified under paragraph (1); and
includes planned technology programs and projects with defined objectives, goals, timelines, and measures;
an analysis of current and forecast trends in domestic and international passenger travel;
an identification of currently deployed security-related technologies that are at or near the end of their lifecycles;
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);
an identification of opportunities for public-private partnerships, small and disadvantaged company participation, intragovernment collaboration, university centers of excellence, and national laboratory technology transfer;
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;
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;
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;
an assessment of the impact to commercial aviation passengers;
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
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.
Leveraging the private sector
To the extent possible, and in a manner that is consistent with fair and equitable practices, the Plan shall—
leverage emerging technology trends and research and development investment trends within the public and private sectors;
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
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.
Disclosure
The Administrator shall include with the Plan a list of nongovernment persons that contributed to the writing of the Plan.
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 unclassified format in the public domain—
an update of the Plan;
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
information about acquisitions completed during the fiscal year preceding the fiscal year during which the report is submitted.
Additional update requirements
Updates and reports under subsection (g) shall—
be prepared in consultation with—
the persons described in subsection (b); and
the Surface Transportation Security Advisory Committee established under section 204 of this title; and
include—
information relating to technology investments by the Transportation Security Administration and the private sector that the Department supports with research, development, testing, and evaluation for aviation, including air cargo, and surface transportation security;
information about acquisitions completed during the fiscal year preceding the fiscal year during which the report is submitted;
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 manufacturer of the equipment; and
to the extent practicable, a classified addendum to report sensitive transportation security risks and associated capability gaps that would be best addressed by security-related technology described in subparagraph (A).
Notice of covered changes to plan
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 not later than 90 days after the date that the covered change is made.
Definition of covered 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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Homeland Security Act of 2002
Pub. L. 107–296 title XVI § 1611 · 116 Stat. 2135
Enacted · 6 U.S.C. § 563
Pub. L. 107–296, title XVI, § 1611, as added Pub. L. 113–245, § 3(a), Dec. 18, 2014, 128 Stat. 2872
Source evidence
Code source credit
Pub. L. 107–296, title XVI, § 1611, as added Pub. L. 113–245, § 3(a), Dec. 18, 2014, 128 Stat. 2872TSA Modernization Act
Pub. L. 115–254 § 1917(1)(A) · 132 Stat. 3187
Substituted · 6 U.S.C. § 563(g)
Pub. L. 115–254, § 1917(1)(A), substituted “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 subsection (a), and biennially thereafter, the Administrator shall submit to Congress—” in introductory provisions
Source evidence
Code amendment note
Subsec. (g). Pub. L. 115–254, § 1917(1)(A), substituted “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 subsection (a), and biennially thereafter, the Administrator shall submit to Congress—” in introductory provisions.Enacted provision · exact public law section
(A) by striking the matter preceding paragraph (1) and inserting “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—”;TSA Modernization Act
Pub. L. 115–254 § 1917(1)(B) · 132 Stat. 3187
Added · 6 U.S.C. § 563(g)(3)
Pub. L. 115–254, § 1917(1)(B)–(D), added par. (3)
Source evidence
Code amendment note
Subsec. (g)(3). Pub. L. 115–254, § 1917(1)(B)–(D), added par. (3).Enacted provision · exact public law section
(B) in paragraph (1), by striking “; and” and inserting a semicolon;TSA Modernization Act
Pub. L. 115–254 § 1917(2) · 132 Stat. 3187
Added · 6 U.S.C. § 563(h); 6 U.S.C. § 563(i)
Pub. L. 115–254, § 1917(2), added subsecs. (h) and (i)
Source evidence
Code amendment note
Subsecs. (h), (i). Pub. L. 115–254, § 1917(2), added subsecs. (h) and (i).Enacted provision · exact public law section
(2) by adding at the end the following: “(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 section 404; and “(2) include— “(A) information relating to technology investments by the Transportation Security Administration and the private sector that the Department supports with research, development, testing, and evaluation for aviation, including air cargo, and surface transportation security; “(B) information about acquisitions completed during the fiscal year preceding the fiscal year during which the report is submitted; “(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 manufacturer 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-related technology described in subparagraph (A).” . “(i) 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 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.” .
3 of 4 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments
2018—Subsec. (g). Pub. L. 115–254, § 1917(1)(A), substituted “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 subsection (a), and biennially thereafter, the Administrator shall submit to Congress—” in introductory provisions.
Subsec. (g)(3). Pub. L. 115–254, § 1917(1)(B)–(D), added par. (3).
Subsecs. (h), (i). Pub. L. 115–254, § 1917(2), added subsecs. (h) and (i).
Credits
2014–2018 · 2 acts
- 2014Pub. L. 107–296, title XVI, § 1611, as added Pub. L. 113–245, § 3(a), , 128 Stat. 2872
- 2018amended Pub. L. 115–254, div. K, title I, § 1917, , 132 Stat. 3557.
Show as published
(Pub. L. 107–296, title XVI, § 1611, as added Pub. L. 113–245, § 3(a), , 128 Stat. 2872; amended Pub. L. 115–254, div. K, title I, § 1917, , 132 Stat. 3557.)