6 U.S.C. § 563b — Acquisition baseline establishment and reports

(a) Baseline requirements. (1) In general. Before the Administration implements a security-related technology acquisition, the Department’s appropriate acquisition official must establish and document formal baseline requirements. (2) Contents. The baseline requirements must (A) include estimated costs, including life-cycle costs, the schedule, and performance milestones for the planned duration of the acquisition; (B) identify acquisition risks and a plan to reduce those risks; and (C) assess the personnel needed to manage the acquisition process, manage the continuing program, and support training and other operations as needed. (3) Feasibility. When establishing the performance milestones under paragraph (2)(A), the Department’s appropriate acquisition official must, to the extent possible and in consultation with the Under Secretary for Science and Technology, ensure that achieving the milestones is technologically feasible. (4) Test and evaluation plan. The Administrator, in consultation with the Under Secretary for Science and Technology, must develop a test and evaluation plan describing (A) activities expected to be needed 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 the technologies meet the Administration’s mission needs; (C) an efficient planning schedule to ensure that testing and evaluation are completed without undue delay; and (D) if commercial-aviation passengers are expected to interact with the technology, methods that could measure passenger acceptance of and familiarity with the technology. (5) Verification and validation. The Department’s appropriate acquisition official (A) must use independent reviewers to verify and validate the performance milestones and cost estimates developed under paragraph (2) for security-related technology identified under section 563(d)(2) as a high-priority need in the most recent Plan, and (B) must ensure that using independent reviewers does not unduly delay the schedule of any acquisition. (6) Streamlining access for interested vendors. The Administrator must establish a streamlined process through which an interested vendor of security-related technology can request and receive appropriate access to the baseline requirements and test and evaluation plans needed to participate in the acquisition process for that technology. (b) Review of baseline requirements and deviation; report to Congress. (1) Review. (A) In general. The Department’s appropriate acquisition official must review and assess each implemented acquisition to determine whether it is meeting the baseline requirements established under subsection (a). (B) Test and evaluation assessment. The review must assess whether (i) the planned testing and evaluation activities have been completed, and (ii) the testing and evaluation results demonstrate that the performance milestones are technologically feasible. (2) Report. No later than 30 days after making a finding described in clause (i), (ii), or (iii) of subparagraph (A), the Administrator must submit a report to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Homeland Security that includes (A) the results of an assessment finding that (i) actual or planned costs exceed baseline costs by more than 10 percent; (ii) the actual or planned delivery schedule has been delayed by more than 180 days; or (iii) a performance milestone that directly affects security effectiveness has not been met; (B) the cause of the excessive costs, delay, or failure; and (C) a corrective-action plan.