6 U.S.C. § 563a — Acquisition justification and reports

submitted 12 years ago by Pub. L. 107-296 to r/title-6-DOMESTIC-SECURITY · 367 words · no verdicts yet

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Before buying security technology, the Administrator must justify the purchase through a detailed analysis. For a contract over $30 million, the Administrator must send Congress that analysis and certify that the security benefits justify the cost.

(a) Acquisition justification. Before the Administration carries out a security-technology acquisition, the Administrator must follow Department policies and directives and analyze: (1) the scenarios and transportation-security risk levels the technology would address; (2) how the purchase fits the Plan; (3) total expected life-cycle cost compared with total expected quantitative and qualitative security benefits; (4) alternative solutions, including policy or procedure solutions, to decide whether the technology is the most effective and cost-efficient choice based on costs and benefits; (5) possible privacy and civil-liberties effects, consulting where practicable with organizations that protect privacy and civil liberties; (6) whether it follows the Privacy Officer’s fair-information-practice principles; (7) confirmation that it poses no significant human-health or safety risks; and (8) estimated benefits to commercial-aviation passengers. (b) Reports and certification. (1) No later than the end of the 30-day period before the Administration awards a contract exceeding $30,000,000 for such technology, the Administrator must send the Senate Commerce, Science, and Transportation Committee and the House Homeland Security Committee (A) the comprehensive justification results and (B) a certification that the transportation-security benefits justify the contract cost. (2) If a known or suspected imminent transportation-security threat exists, the Administrator may shorten the period to five days and must immediately notify both committees of the threat.

the actual law source: uscode.house.gov ↗public domain

(a) Acquisition justification

Before the Administration implements any security-related technology acquisition, the Administrator, in accordance with the Department’s policies and directives, shall determine whether the acquisition is justified by conducting 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 acquisition aligns to the Plan;

(3)

a comparison of the total expected lifecycle cost against the total expected quantitative and qualitative benefits to transportation security;

(4)

an analysis of alternative security solutions, 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-benefit considerations;

(5)

an assessment of the potential privacy and civil liberties implications of the proposed acquisition that includes, to the extent practicable, consultation with organizations that advocate for the protection of privacy and civil liberties;

(6)

a determination that the proposed acquisition is consistent with fair information practice principles issued by the Privacy Officer of the Department;

(7)

confirmation that there are no significant risks to human health or safety posed by the proposed acquisition; and

(8)

an estimate of the benefits to commercial aviation passengers.

(b) Reports and certification to Congress

(1) In general

Not later than the end of the 30-day period preceding the award by the Administration of a contract for any security-related technology acquisition exceeding $30,000,000, 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—

(A)

the results of the comprehensive acquisition justification under subsection (a); and

(B)

a certification by the Administrator that the benefits to transportation security justify the contract cost.

(2) Extension due to imminent terrorist threat

If there is a known or suspected imminent threat to transportation security, the Administrator—

(A)

may reduce the 30-day period under paragraph (1) to 5 days to rapidly respond to the threat; and

(B)

shall immediately notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives of the known or suspected imminent threat.

Source credit: (Pub. L. 107–296, title XVI, § 1612, as added Pub. L. 113–245, § 3(a), Dec. 18, 2014, 128 Stat. 2873.)

history & why it existsrecord from the source credit

2014Enacted · Pub. L. 107-296 · 128 Stat. 2873

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-296 on 2014-12-18.

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