Title 6, Domestic SecurityRelease 119-110

§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 Sep 22, 2026|Official source

Summary

Require the Department to set and write down clear baseline requirements before buying any security-related technology. Those baselines must give estimated costs (including lifecycle costs), a schedule, and performance milestones; list risks and how to reduce them; and say what staff are needed to run and support the project. The acquisition official must check that the milestones are technologically possible, working with the Under Secretary for Science and Technology. The Administrator, also with the Under Secretary, must create a test and evaluation plan that explains how the technology will be tested (lab, field, modeling, simulation, and analysis), sets a timely test schedule, and, if passengers will use the tech, shows how to measure passenger acceptance. For high-priority needs listed in the most recent Plan, independent reviewers must verify the milestones and costs, but their work must not cause undue delays. The Administrator must also make it easy for interested vendors to get the baseline and test plans they need to take part. After an acquisition starts, the acquisition official must review whether it meets the baseline. The review must check that planned testing was done and that test results show the milestones are feasible. If the review finds that costs exceed the baseline by more than 10 percent, delivery is delayed by more than 180 days, or a performance milestone that matters for security failed, the Administrator must report to the Senate Commerce, Science, and Transportation Committee and the House Homeland Security Committee within 30 days. The report must show the assessment results, explain the cause, and give a plan to fix the problem.

Full Legal Text

Title 6, §563b

Domestic Security, Source: USLM XML via OLRC

(a)Baseline requirements
(1)In general
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)Contents
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)Feasibility
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)Test and evaluation plan
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)Verification and validation
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)Streamlining access for interested vendors
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)Review of baseline requirements and deviation; report to Congress
(1)Review
(A)In general
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)Test and evaluation assessment
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)Report
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 6, Domestic Security

Last Updated

Sep 22, 2026

Release point: 119-110