Title 6Domestic SecurityRelease 119-73

§563b Acquisition baseline establishment and reports

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

Last updated Apr 6, 2026|Official source

Summary

Before the Department buys any security-related technology, the acquisition official must create and record baseline requirements. The baselines must list estimated costs (including lifecycle costs), a schedule, and performance milestones for the whole acquisition; identify risks and plans to reduce them; and say what staff are needed to run the buying process, run the program, and support training and operations. When setting milestones, the official must, as much as possible and after consulting the Under Secretary for Science and Technology, make sure the milestones are possible with current technology. The Administrator, with that Under Secretary, must make a test and evaluation plan describing what tests and checks are needed to judge the technology against the milestones; which mix of lab tests, field tests, modeling, simulation, and analysis will be used in a cost‑effective way; a schedule to finish testing without undue delay; and, if airline passengers will interact with the technology, ways to measure passenger acceptance and familiarity. For technologies named a high priority in the most recent Plan under section 563(d)(2), independent reviewers must verify the milestones and cost estimates, but reviewers must not cause unreasonable delays. The Administrator must also set up a streamlined way for vendors to request the baseline and test plans they need to take part. After an acquisition is in place, the acquisition official must review whether it meets the baselines. The review must check whether planned testing and evaluation were completed and whether test results show the milestones are technically feasible. If the review finds that actual or planned costs exceed the baseline by more than 10 percent, delivery is delayed by more than 180 days, or a performance milestone fails in a way that affects security, the Administrator must send a report within 30 days to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives. The report must give the assessment results, explain the cause, and include a plan to fix the problem.

Full Legal Text

Title 6, §563b

Domestic Security — Source: USLM XML via OLRC

(a)(1)Before the Administration implements any security-related technology acquisition, the appropriate acquisition official of the Department shall establish and document a set of formal baseline requirements.
(2)The baseline requirements under paragraph (1) shall—
(A)include the estimated costs (including lifecycle costs), schedule, and performance milestones for the planned duration of the acquisition;
(B)identify the acquisition risks and a plan for mitigating those risks; and
(C)assess the personnel necessary to manage the acquisition process, manage the ongoing program, and support training and other operations as necessary.
(3)In establishing the performance milestones under paragraph (2)(A), the appropriate acquisition official of the Department, to the extent possible and in consultation with the Under Secretary for Science and Technology, shall ensure that achieving those milestones is technologically feasible.
(4)The Administrator, in consultation with the Under Secretary for Science and Technology, shall develop a test and evaluation plan that describes—
(A)the activities that are expected to be required to assess acquired technologies against the performance milestones established under paragraph (2)(A);
(B)the necessary and cost-effective combination of laboratory testing, field testing, modeling, simulation, and supporting analysis to ensure that such technologies meet the Administration’s mission needs;
(C)an efficient planning schedule to ensure that test and evaluation activities are completed without undue delay; and
(D)if commercial aviation passengers are expected to interact with the security-related technology, methods that could be used to measure passenger acceptance of and familiarization with the security-related technology.
(5)The appropriate acquisition official of the Department—
(A)subject to subparagraph (B), shall utilize independent reviewers to verify and validate the performance milestones and cost estimates developed under paragraph (2) for a security-related technology that pursuant to section 563(d)(2) of this title has been identified as a high priority need in the most recent Plan; and
(B)shall ensure that the use of independent reviewers does not unduly delay the schedule of any acquisition.
(6)The Administrator shall establish a streamlined process for an interested vendor of a security-related technology to request and receive appropriate access to the baseline requirements and test and evaluation plans that are necessary for the vendor to participate in the acquisitions process for that technology.
(b)(1)(A)The appropriate acquisition official of the Department shall review and assess each implemented acquisition to determine if the acquisition is meeting the baseline requirements established under subsection (a).
(B)The review shall include an assessment of whether—
(i)the planned testing and evaluation activities have been completed; and
(ii)the results of that testing and evaluation demonstrate that the performance milestones are technologically feasible.
(2)Not later than 30 days after making a finding described in clause (i), (ii), or (iii) of subparagraph (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 delivery has been delayed by more than 180 days; or
(iii)there is a failure to meet any performance milestone that directly impacts security effectiveness;
(B)the cause for such excessive costs, delay, or failure; and
(C)a plan for corrective action.

Reference

Citations & Metadata

Citation

6 U.S.C. § 563b

Title 6Domestic Security

Last Updated

Apr 6, 2026

Release point: 119-73