---
kind: "section"
citation: "6 U.S.C. § 563b"
title: "6"
title_heading: "Domestic Security"
number: "563b"
heading: "Acquisition baseline establishment and reports"
release: "119-102"
url: "https://uscodex.org/usc/6/563b"
units:
  - "Chapter 1 — Homeland Security Organization"
  - "Subchapter XII–A — Transportation Security"
  - "Part B — Transportation Security Administration Acquisition Improvements"
---

# §563b. Acquisition baseline establishment and reports

- (a) **Baseline requirements—**
  - (1) **In general—** Before the [Administration](/usc/6/561.md?p=1) implements any [security-related technology](/usc/6/561.md?p=4) acquisition, the appropriate acquisition official of the [Department](/usc/6/101.md?p=5) shall establish and document a set of formal baseline requirements.
  - (2) **Contents—** The baseline requirements under [paragraph (1)](#a-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](/usc/6/101.md?p=15) 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)](#a-2-A), the appropriate acquisition official of the [Department](/usc/6/101.md?p=5), to the extent possible and in consultation with the Under [Secretary](/usc/6/101.md?p=16) for Science and Technology, shall ensure that achieving those milestones is technologically feasible.
  - (4) **Test and evaluation plan—** The [Administrator](/usc/6/561.md?p=2), in consultation with the Under [Secretary](/usc/6/101.md?p=16) 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)](#a-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](/usc/6/561.md?p=1)’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](/usc/6/561.md?p=4), methods that could be used to measure passenger acceptance of and familiarization with the [security-related technology](/usc/6/561.md?p=4).
  - (5) **Verification and validation—** The appropriate acquisition official of the [Department](/usc/6/101.md?p=5)—
    - (A) subject to [subparagraph (B)](#a-5-B), shall utilize independent reviewers to verify and validate the performance milestones and cost estimates developed under [paragraph (2)](#a-2) for a [security-related technology](/usc/6/561.md?p=4) that pursuant to [section 563(d)(2) of this title](/usc/6/563.md?p=d-2) 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](/usc/6/561.md?p=2) shall establish a streamlined process for an interested vendor of a [security-related technology](/usc/6/561.md?p=4) 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](/usc/6/101.md?p=5) shall review and assess each implemented acquisition to determine if the acquisition is meeting the baseline requirements established under [subsection (a)](#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)](#b-2-A-i), [(ii)](#b-2-A-ii), or [(iii)](#b-2-A-iii) of subparagraph (A), the [Administrator](/usc/6/561.md?p=2) shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on [Homeland](/usc/6/101.md?p=1) 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.

## Source credit

(Pub. L. 107–296, title XVI, § 1613, as added Pub. L. 113–245, § 3(a), Dec. 18, 2014, 128 Stat. 2874.)