Title 6Domestic SecurityRelease 119-73

§563a Acquisition justification and reports

Title 6 › Chapter CHAPTER 1— - HOMELAND SECURITY ORGANIZATION › Subchapter SUBCHAPTER XII–A— - TRANSPORTATION SECURITY › Part Part B— - Transportation Security Administration Acquisition Improvements › § 563a

Last updated Apr 6, 2026|Official source

Summary

Before the Administration buys or uses any security technology, the Administrator must decide if the purchase is justified under the Department’s rules. The review must identify what risk scenarios the technology would address and how serious those risks are, check how the purchase fits the Department Plan, compare total life-cycle costs to the expected measurable and non-measurable benefits, look at alternative solutions (including policy or procedure changes), assess privacy and civil liberties impacts and consult privacy advocates when possible, make sure it follows the Department Privacy Officer’s fair information practice principles, confirm there are no significant health or safety risks, and estimate benefits for commercial airline passengers. For any security technology contract over $30,000,000, the Administrator must send the review results and a certification that the benefits justify the cost to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House at least 30 days before the contract award. If there is a known or suspected imminent threat, the Administrator may shorten that period to 5 days and must immediately notify those same committees.

Full Legal Text

Title 6, §563a

Domestic Security — Source: USLM XML via OLRC

(a)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)(1)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)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.

Reference

Citations & Metadata

Citation

6 U.S.C. § 563a

Title 6Domestic Security

Last Updated

Apr 6, 2026

Release point: 119-73