Title 6Domestic SecurityRelease 119-73not60

§563b Acquisition Baseline Establishment and Reports

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

Last updated Apr 3, 2026|Official source

Summary

Before the Department buys or starts using any security-related technology, the Department’s acquisition official must create and record a formal baseline. That baseline must show estimated costs (including lifecycle costs), a schedule, and performance milestones for the whole acquisition. It must list risks and plans to reduce them. It must say what staff are needed to run the acquisition, manage the program, and support training and operations. The acquisition official, working with the Under Secretary for Science and Technology, must make sure the milestones are technologically possible when they can. The Administrator, with the Under Secretary, must make a test and evaluation plan that explains how the technology will be checked against the milestones, what mix of lab tests, field tests, modeling, simulation, and analysis will be used, a schedule to avoid delay, and, if passengers will interact with the technology, ways to measure passenger acceptance and familiarization. For items marked a high priority in the most recent Plan, independent reviewers must verify the milestones and cost estimates, but reviewers must not cause undue delays. The Administrator must also provide a simple way for interested vendors to get access to the baseline and test plans so they can take part. After an acquisition is in place, the acquisition official must review it to see if it meets the baseline. The review must check that the planned testing was done and that 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, or delivery is delayed by more than 180 days, or a missed performance milestone harms security, the Administrator must report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives within 30 days. The report must include the assessment results, the cause of the problem, and a plan to fix it.

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 3, 2026

Release point: 119-73not60