I 

114TH CONGRESS 

1ST SESSION H. R. 2199 

To require the Department of Homeland Security to improve discipline, 

accountability, and transparency in acquisition program management. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 1, 2015 

Mr. PERRY (for himself, Mr. MCCAUL, Mr. DUNCAN of South Carolina, Mr. 

THOMPSON of Mississippi, Mrs. WATSON COLEMAN, and Mr. CARTER of 

Texas) introduced the following bill; which was referred to the Committee 

on Homeland Security 

A BILL 

To require the Department of Homeland Security to improve 

discipline, accountability, and transparency in acquisition 

program management. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘DHS Acquisition Ac5 countability and Efficiency Act’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Findings. 


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Sec. 4. Definitions. 

Sec. 5. Prohibition on additional authorization of appropriations. 

TITLE I—ACQUISITION AUTHORITIES 

Sec. 101. Acquisition authorities for Under Secretary for Management. 

Sec. 102. Acquisition authorities for Chief Financial Officer. 

Sec. 103. Acquisition authorities for Chief Information Officer. 

Sec. 104. Chief Procurement Officer. 

Sec. 105. Requirements to ensure greater accountability for acquisition programs. 

TITLE II—ACQUISITION PROGRAM MANAGEMENT DISCIPLINE 

Sec. 201. Acquisition Review Board. 

Sec. 202. Requirements to reduce duplication in acquisition programs. 

Sec. 203. Government Accountability Office review of Board and of requirements to reduce duplication in acquisition programs. 

Sec. 204. Excluded Party List System waivers. 

Sec. 205. Inspector General oversight of suspension and debarment. 

TITLE III—ACQUISITION PROGRAM MANAGEMENT 

ACCOUNTABILITY AND TRANSPARENCY 

Sec. 301. Congressional notification and other requirements for major acquisition program breach. 

Sec. 302. Multiyear acquisition strategy. 

Sec. 303. Acquisition reports. 

Sec. 304. Government Accountability Office review of multiyear acquisition 

strategy. 

Sec. 305. Office of Inspector General report. 

1 SEC. 3. FINDINGS. 

2 Congress finds the following: 

3 (1) The Department of Homeland Security does 

4 not consistently implement its policies and Govern5 ment and private sector best practices for acquisi6 tions and procurement. 

7 (2) It is difficult to determine the cost of the 

8 Department’s major acquisition programs because 

9 the Department has not provided consistent, com10 parable updates on an annual basis. As of January 

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1 quisition programs costing over $300,000,000, and, 

2 based on 2011, estimates it plans to spend about 

3 $170,000,000,000 in the future on major acquisition 

4 programs. 

5 (3) Since 2005, the Government Accountability 

6 Office has placed Department acquisition manage7 ment activities on its ‘‘High-Risk List’’, which iden8 tifies Government operations that have greater sus9 ceptibility to fraud, waste, abuse, and mismanage10 ment or greater need for transformation to address 

11 economy, efficiency, or effectiveness challenges. 

12 (4) While the Department has taken actions to 

13 address some high-risk acquisition program manage14 ment issues, many programs continue to experience 

15 challenges with funding instability, workforce short16 falls, reliable cost estimates, realistic schedules, 

17 agreed-upon baseline objectives, and consistent and 

18 reliable data needed to accurately measure program 

19 performance. 

20 (5) Of the 77 Department major acquisition 

21 programs in 2011, the Government Accountability 

22 Office identified 42 programs that experienced cost 

23 growth, schedule slips, or both. The Department re24 ported that the magnitude of the cost growth for 16 

25 of the 42 programs, which increased from almost 


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1 $20,000,000,000 to over $50,000,000,000 in 2011, 

2 had an aggregate increase of 166 percent. 

3 (6) In 2012, the Government Accountability Of4 fice found that only 20 of 63 programs had Depart5 ment-approved acquisition program baselines. The 

6 Government Accountability Office also reported that 

7 the Department planned to spend more than $105 

8 billion on programs lacking acquisition program 

9 baselines. 

10 (7) In 2015, the Government Accountability Of11 fice found that only 2 of 22 programs they assessed 

12 were on track to meet cost and schedule parameters. 

13 The Government Accountability Office also found 

14 that 7 programs had cost estimates increase by over 

15 40 percent of what the Department originally ap16 proved. As a result, the Department expects to 

17 spend almost $10,000,000,000 more than it origi18 nally estimated for those programs. 

19 SEC. 4. DEFINITIONS. 

20 (a) IN GENERAL.—In this Act: 

21 (1) SECRETARY.—The term ‘‘Secretary’’ means 

22 the Secretary of Homeland Security. 

23 (2) DEPARTMENT.—The term ‘‘Department’’ 

24 means the Department of Homeland Security. 


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1 (3) CONGRESSIONAL HOMELAND SECURITY

2 COMMITTEES.—The term ‘‘congressional homeland 

3 security committees’’ means— 

4 (A) the Committee on Homeland Security 

5 of the House of Representatives and the Com6 mittee on Homeland Security and Govern7 mental Affairs of the Senate; and 

8 (B) the Committee on Appropriations of 

9 the House of Representatives and of the Sen10 ate. 

11 (b) ADDITIONAL DEFINITIONS.—In this Act: 

12 (1) ACQUISITION.—The term ‘‘acquisition’’ has 

13 the meaning provided in section 131 of title 41, 

14 United States Code. 

15 (2) BEST PRACTICES.—The term ‘‘best prac16 tices’’, with respect to acquisition, means a knowl17 edge-based approach to capability development that 

18 includes identifying and validating needs; assessing 

19 alternatives to select the most appropriate solution; 

20 clearly establishing well-defined requirements; devel21 oping realistic cost assessments and schedules; se22 curing stable funding that matches resources to re23 quirements; demonstrating technology, design, and 

24 manufacturing maturity; using milestones and exit 

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1 onstrate progress; adopting and executing standard2 ized processes with known success across programs; 

3 establishing an adequate workforce that is qualified 

4 and sufficient to perform necessary functions; and 

5 integrating these capabilities into the Department’s 

6 mission and business operations. 

7 (c) AMENDMENTS TO DEFINITIONS IN HOMELAND

8 SECURITY ACT OF 2002.—Section 2 of the Homeland Se9 curity Act of 2002 is amended— 

10 (1) by striking ‘‘In this Act,’’ and inserting ‘‘(a) 

11 IN GENERAL.—In this Act,’’; 

12 (2) in paragraph (2)— 

13 (A) by inserting ‘‘(A)’’ after ‘‘(2)’’; and 

14 (B) by adding at the end the following new 

15 subparagraph: 

16 ‘‘(B) The term ‘congressional homeland security 

17 committees’ means— 

18 ‘‘(i) the Committee on Homeland Security 

19 of the House of Representatives and the Com20 mittee on Homeland Security and Govern21 mental Affairs of the Senate; and 

22 ‘‘(ii) the Committee on Appropriations of 

23 the House of Representatives and of the Sen24 ate, where appropriate.’’; and 


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1 (3) by adding at the end the following new sub2 section: 

3 ‘‘(b) ACQUISITION-RELATED DEFINITIONS.—In this 

4 Act, the following definitions apply: 

5 ‘‘(1) ACQUISITION.—The term ‘acquisition’ has 

6 the meaning provided in section 131 of title 41, 

7 United States Code. 

8 ‘‘(2) ACQUISITION DECISION AUTHORITY.—The 

9 term ‘acquisition decision authority’ means the au10 thority, held by the Secretary acting through the 

11 Deputy Secretary or Under Secretary for Manage12 ment— 

13 ‘‘(A) to ensure compliance with Federal 

14 law, the Federal Acquisition Regulation, and 

15 Department acquisition management directives; 

16 ‘‘(B) to review (including approving, halt17 ing, modifying, or cancelling) an acquisition 

18 program through the life cycle of the program; 

19 ‘‘(C) to ensure that program managers 

20 have the resources necessary to successfully 

21 execute an approved acquisition program; and 

22 ‘‘(D) to ensure good program management 

23 of cost, schedule, risk, and system performance 

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1 tion program baseline breaches and directing 

2 any corrective action for such breaches. 

3 ‘‘(3) ACQUISITION DECISION EVENT.—The term 

4 ‘acquisition decision event’, with respect to an in5 vestment or acquisition program, means a predeter6 mined point within the acquisition phases of the in7 vestment or acquisition program at which the invest8 ment or acquisition program will undergo a review 

9 prior to commencement of the next phase. 

10 ‘‘(4) ACQUISITION DECISION MEMORANDUM.— 

11 The term ‘acquisition decision memorandum’, with 

12 respect to an acquisition, means the official acquisi13 tion decision event record that includes a docu14 mented record of decisions, exit criteria, and as15 signed actions for the acquisition as determined by 

16 the person exercising acquisition decision authority 

17 for the acquisition. 

18 ‘‘(5) ACQUISITION PROGRAM BASELINE.—The 

19 term ‘acquisition program baseline’, with respect to 

20 an acquisition program, means a summary of the 

21 cost, schedule, and performance parameters, ex22 pressed in standard, measurable, quantitative terms, 

23 which must be met in order to accomplish the goals 

24 of the program. 


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1 ‘‘(6) CAPABILITY DEVELOPMENT PLAN.—The 

2 term ‘capability development plan’, with respect to a 

3 proposed acquisition, means the document that the 

4 Acquisition Review Board approves for the first ac5 quisition decision event related to validating the 

6 need of a proposed acquisition. 

7 ‘‘(7) COMPONENT ACQUISITION EXECUTIVE.— 

8 The term ‘Component Acquisition Executive’ means 

9 the senior acquisition official within a Component 

10 who is designated in writing by the Under Secretary 

11 for Management, in consultation with the Compo12 nent head, with authority and responsibility for lead13 ing a process and staff to provide acquisition and 

14 program management oversight, policy, and guid15 ance to ensure that statutory, regulatory, and higher 

16 level policy requirements are fulfilled, including com17 pliance with Federal law, the Federal Acquisition 

18 Regulation, and Department acquisition manage19 ment directives established by the Under Secretary 

20 for Management. 

21 ‘‘(8) LIFE CYCLE COST.—The term ‘life cycle 

22 cost’, with respect to an acquisition program, means 

23 all costs associated with research, development, pro24 curement, operation, integrated logistics support, 

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1 porting infrastructure that plans, manages, and exe2 cutes the program over its full life, and costs of com3 mon support items incurred as a result of the pro4 gram. 

5 ‘‘(9) MAJOR ACQUISITION PROGRAM.—The term 

6 ‘major acquisition program’ means a Department 

7 acquisition program that is estimated by the Sec8 retary to require an eventual total expenditure of at 

9 least $300,000,000 (based on fiscal year 2015 con10 stant dollars) over its life cycle cost.’’. 

11 SEC. 5. PROHIBITION ON ADDITIONAL AUTHORIZATION OF 

12 APPROPRIATIONS. 

13 No additional funds are authorized to be appro14 priated to carry out this Act and the amendments made 

15 by this Act. This Act and such amendments shall be car16 ried out using amounts otherwise available for such pur17 poses. 

18 TITLE I—ACQUISITION 

19 AUTHORITIES 

20 SEC. 101. ACQUISITION AUTHORITIES FOR UNDER SEC21 RETARY FOR MANAGEMENT. 

22 Section 701 of the Homeland Security Act of 2002 

23 (6 U.S.C. 341) is amended— 


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1 (1) in subsection (a)(2), by striking ‘‘Procure2 ment’’ and inserting ‘‘Acquisition and procurement’’; 

3 and 

4 (2) by adding at the end the following: 

5 ‘‘(d) ACQUISITION AND RELATED RESPONSIBIL6 ITIES.— 

7 ‘‘(1) IN GENERAL.—Notwithstanding section 

8 1702(b) of title 41, United States Code, the Under 

9 Secretary for Management is the Chief Acquisition 

10 Officer of the Department. As Chief Acquisition Of11 ficer, the Under Secretary shall have the authority 

12 and perform the functions as specified in section 

13 1702(b) of such title, and perform all other func14 tions and responsibilities delegated by the Secretary 

15 or described in this subsection. 

16 ‘‘(2) DUTIES AND RESPONSIBILITIES.—In addi17 tion to the authority and functions specified in sec18 tion 1702(b) of title 41, United States Code, the du19 ties and responsibilities of the Under Secretary for 

20 Management related to acquisition include the fol21 lowing: 

22 ‘‘(A) Advising the Secretary regarding ac23 quisition management activities, taking into ac24 count risks of failure to achieve cost, schedule, 

25 or performance parameters, to ensure that the 


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1 Department achieves its mission through the 

2 adoption of widely accepted program manage3 ment best practices and standards. 

4 ‘‘(B) Exercising the acquisition decision 

5 authority to approve, halt, modify (including 

6 the rescission of approvals of program mile7 stones), or cancel major acquisition programs, 

8 unless the Under Secretary delegates the au9 thority to a Component Acquisition Executive 

10 pursuant to paragraph (3). 

11 ‘‘(C) Establishing policies for acquisition 

12 that implement an approach that takes into ac13 count risks of failure to achieve cost, schedule, 

14 or performance parameters that all Components 

15 of the Department shall comply with, including 

16 outlining relevant authorities for program man17 agers to effectively manage acquisition pro18 grams. 

19 ‘‘(D) Ensuring that each major acquisition 

20 program has a Department-approved acquisi21 tion program baseline, pursuant to the Depart22 ment’s acquisition management policy. 

23 ‘‘(E) Ensuring that the heads of Compo24 nents and Component Acquisition Executives 

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1 tion Regulation, and Department acquisition 

2 management directives. 

3 ‘‘(F) Ensuring that grants and financial 

4 assistance are provided only to individuals and 

5 organizations that are not suspended or 

6 debarred. 

7 ‘‘(G) Distributing guidance throughout the 

8 Department to ensure that contractors involved 

9 in acquisitions, particularly companies that ac10 cess the Department’s information systems and 

11 technologies, adhere to internal cybersecurity 

12 policies established by the Department of 

13 Homeland Security. 

14 ‘‘(3) DELEGATION OF ACQUISITION DECISION

15 AUTHORITY.— 

16 ‘‘(A) LEVEL 3 ACQUISITIONS.—The Under 

17 Secretary for Management may delegate acqui18 sition decision authority in writing to the rel19 evant Component Acquisition Executive for an 

20 acquisition program that has a life cycle cost 

21 estimate of less than $300,000,000. 

22 ‘‘(B) LEVEL 2 ACQUISITIONS.—The Under 

23 Secretary for Management may delegate acqui24 sition decision authority in writing to the rel25 evant Component Acquisition Executive for a 


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1 major acquisition program that has a life cycle 

2 cost estimate of at least $300,000,000 but not 

3 more than $1,000,000,000 if all of the following 

4 requirements are met: 

5 ‘‘(i) The Component concerned pos6 sesses working policies, processes, and pro7 cedures that are consistent with Depart8 ment-level acquisition policy. 

9 ‘‘(ii) The Component Acquisition Ex10 ecutive has adequate, experienced, dedi11 cated program management professional 

12 staff commensurate with the size of the 

13 delegated portfolio. 

14 ‘‘(iii) Each major acquisition program 

15 concerned has written documentation 

16 showing that it has a Department-ap17 proved acquisition program baseline and it 

18 is meeting agreed-upon cost, schedule, and 

19 performance thresholds. 

20 ‘‘(4) EXCLUDED PARTIES LIST SYSTEM CON21 SULTATION.—The Under Secretary for Management 

22 shall require that all Department contracting and 

23 procurement officials consult the Excluded Parties 

24 List System (or successor system) as maintained by 

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1 ing a contract or grant or entering into other trans2 actions to ascertain whether the selected contractor 

3 is excluded from receiving Federal contracts, certain 

4 subcontracts, and certain types of Federal financial 

5 and non-financial assistance and benefits. 

6 ‘‘(5) RELATIONSHIP TO UNDER SECRETARY

7 FOR SCIENCE AND TECHNOLOGY.—Nothing in this 

8 subsection shall diminish the authority granted to 

9 the Under Secretary for Science and Technology 

10 under this Act. The Under Secretary for Manage11 ment and the Under Secretary for Science and 

12 Technology shall cooperate in matters related to the 

13 coordination of acquisitions across the Department 

14 so that investments of the Directorate of Science 

15 and Technology can support current and future re16 quirements of the Components.’’. 

17 SEC. 102. ACQUISITION AUTHORITIES FOR CHIEF FINAN18 CIAL OFFICER. 

19 Section 702 of the Homeland Security Act of 2002 

20 (6 U.S.C. 342) is amended by adding at the end of sub21 section (b)(2) the following new subparagraph: 

22 ‘‘(J) Notwithstanding section 902 of title 

23 31, United States Code, provide leadership over 

24 financial management policy and programs for 

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1 ment’s acquisitions programs, in consultation 

2 with the Under Secretary for Management.’’. 

3 SEC. 103. ACQUISITION AUTHORITIES FOR CHIEF INFORMA4 TION OFFICER. 

5 Section 703 of the Homeland Security Act of 2002 

6 (6 U.S.C. 343) is amended by adding at the end the fol7 lowing new subsection: 

8 ‘‘(c) ACQUISITION RESPONSIBILITIES.—Notwith9 standing section 11315 of title 40, United States Code, 

10 the acquisition responsibilities of the Chief Information 

11 Officer, in consultation with the Under Secretary for Man12 agement, shall include the following: 

13 ‘‘(1) Serve as the lead technical authority for 

14 information technology programs and establish de15 partmental information technology priorities, poli16 cies, processes, standards, guidelines, and proce17 dures. 

18 ‘‘(2) Oversee the management of the Homeland 

19 Security Enterprise Architecture and ensure that, 

20 before each acquisition decision event, approved in21 formation technology acquisitions comply with de22 partmental information technology management 

23 processes, technical requirements, and the Homeland 

24 Security Enterprise Architecture, and in any case in 

25 which information technology acquisitions do not 


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1 comply with Departmental management directives, 

2 make recommendations to the Acquisition Review 

3 Board regarding such noncompliance. 

4 ‘‘(3) Be responsible for providing recommenda5 tions to the Acquisition Review Board established in 

6 section 836 of this Act on information technology 

7 programs, and be responsible for developing infor8 mation technology acquisition strategic guidance.’’. 

9 SEC. 104. CHIEF PROCUREMENT OFFICER. 

10 (a) IN GENERAL.—Title VII of the Homeland Secu11 rity Act of 2002 (6 U.S.C. 341 et seq.) is amended by 

12 adding at the end the following new section: 

13 ‘‘SEC. 708. CHIEF PROCUREMENT OFFICER. 

14 ‘‘(a) IN GENERAL.—There is a Chief Procurement 

15 Officer of the Department, who shall report directly to the 

16 Under Secretary for Management. The Chief Procurement 

17 Officer is the senior procurement executive for purposes 

18 of section 1702(c) of title 41, United States Code, and 

19 shall perform procurement functions as specified in such 

20 section. The Chief Procurement Officer also shall perform 

21 other functions and responsibilities set forth in this section 

22 and as may be assigned by the Under Secretary for Man23 agement. 

24 ‘‘(b) RESPONSIBILITIES.—The Chief Procurement 

25 Officer shall— 


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1 ‘‘(1) exercise leadership and authority to the ex2 tent delegated by the Under Secretary for Manage3 ment over the Department procurement function; 

4 ‘‘(2) issue acquisition regulations and policies; 

5 ‘‘(3) account for the integrity, performance, and 

6 oversight of Department procurement and con7 tracting functions and be responsible for ensuring 

8 that a procurement’s contracting strategy and plans 

9 are consistent with the intent and direction of the 

10 Acquisition Review Board established in section 836 

11 of this Act; 

12 ‘‘(4) serve as the Department’s business advisor 

13 and main liaison to industry on procurement-related 

14 issues by providing advice on industry engagement, 

15 acquisition policy, oversight of the procurement 

16 function, and development of the acquisition work17 force; 

18 ‘‘(5) oversee a centralized certification and 

19 training program, in consultation with the Under 

20 Secretary for Management, for the entire Depart21 ment acquisition workforce while using, to the great22 est extent practicable, best practices and acquisitions 

23 training opportunities already in existence within the 

24 Federal Government, the private sector, or univer25 sities and colleges, as appropriate, and including 


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1 training on how best to identify actions that warrant 

2 referrals for suspension or debarment; 

3 ‘‘(6) delegate or retain contracting authority, as 

4 appropriate, except as provided in section 701(d)(3) 

5 of this Act; 

6 ‘‘(7) participate in the selection, and periodic 

7 performance review, of the head of each contracting 

8 activity within the Department; 

9 ‘‘(8) collect baseline data and establish perform10 ance measures on the impact of strategic sourcing 

11 initiatives on the private sector, including, in par12 ticular, small businesses; and 

13 ‘‘(9) ensure that a fair proportion (as defined 

14 pursuant to the Small Business Act (15 U.S.C. 631 

15 et seq.)) of Federal contract and subcontract dollars 

16 are awarded to small businesses, maximize opportu17 nities for small business participation, and ensure, to 

18 the extent practicable, small businesses that achieve 

19 qualified vendor status for security-related tech20 nologies are provided an opportunity to compete for 

21 contracts for such technology.’’. 

22 (b) CLERICAL AMENDMENT.—The table of contents 

23 in section 1(b) of the Homeland Security Act of 2002 (6 

24 U.S.C. 101 et seq.) is amended by adding after the item 

25 relating to section 707 the following new item: 

‘‘Sec. 708. Chief Procurement Officer.’’. 


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1 SEC. 105. REQUIREMENTS TO ENSURE GREATER ACCOUNT2 ABILITY FOR ACQUISITION PROGRAMS. 

3 (a) IN GENERAL.—Title VII of the Homeland Secu4 rity Act of 2002 (6 U.S.C. 341 et seq.) is further amended 

5 by adding at the end the following new section: 

6 ‘‘SEC. 709. REQUIREMENTS TO ENSURE GREATER AC7 COUNTABILITY FOR ACQUISITION PRO8 GRAMS. 

9 ‘‘(a) REQUIREMENT TO ESTABLISH MECHANISM.— 

10 Within the Management Directorate, the Under Secretary 

11 for Management shall establish a mechanism to prioritize 

12 improving the accountability, standardization, and trans13 parency of major acquisition programs of the Department 

14 in order to increase opportunities for effectiveness and ef15 ficiencies and to serve as the central oversight function 

16 of all Department acquisition programs. 

17 ‘‘(b) RESPONSIBILITIES OF EXECUTIVE DIREC18 TOR.—The Under Secretary for Management shall des19 ignate an Executive Director to oversee the requirement 

20 under subsection (a). The Executive Director shall report 

21 directly to the Under Secretary and shall carry out the 

22 following responsibilities: 

23 ‘‘(1) Monitor the performance of Department 

24 acquisition programs regularly between acquisition 

25 decision events to identify problems with cost, per26 formance, or schedule that Components may need to 


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1 address to prevent cost overruns, performance 

2 issues, or schedule delays. 

3 ‘‘(2) Assist the Chief Acquisition Officer in 

4 managing the Department’s acquisition portfolio. 

5 ‘‘(3) Conduct oversight of individual acquisition 

6 programs to implement Department acquisition pro7 gram policy, procedures, and guidance with a pri8 ority on ensuring the data it collects and maintains 

9 from its Components is accurate and reliable. 

10 ‘‘(4) Serve as the focal point and coordinator 

11 for the acquisition life cycle review process and as 

12 the executive secretariat for the Acquisition Review 

13 Board established under section 836 of this Act. 

14 ‘‘(5) Advise the persons having acquisition deci15 sion authority in making acquisition decisions con16 sistent with all applicable laws and in establishing 

17 clear lines of authority, accountability, and responsi18 bility for acquisition decisionmaking within the De19 partment. 

20 ‘‘(6) Engage in the strategic planning and per21 formance evaluation process required under section 

22 306 of title 5, United States Code, and sections 

23 1105(a)(28), 1115, 1116, and 9703 of title 31, 

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1 cific plans for hiring, training, and professional de2 velopment in order to rectify any deficiency within 

3 the Department’s acquisition workforce. 

4 ‘‘(7) Oversee the Component Acquisition Execu5 tive structure to ensure it has sufficient capabilities 

6 and complies with Department policies. 

7 ‘‘(8) Develop standardized certification stand8 ards in consultation with the Component Acquisition 

9 Executives for all acquisition program managers. 

10 ‘‘(9) In the event that a program manager’s 

11 certification or actions need review for purposes of 

12 promotion or removal, provide input, in consultation 

13 with the relevant Component Acquisition Executive, 

14 into the relevant program manager’s performance 

15 evaluation, and report positive or negative experi16 ences to the relevant certifying authority. 

17 ‘‘(10) Provide technical support and assistance 

18 to Department acquisitions and acquisition per19 sonnel in conjunction with the Chief Procurement 

20 Officer. 

21 ‘‘(11) Prepare the Department’s Comprehensive 

22 Acquisition Status Report, as required by the De23 partment of Homeland Security Appropriations Act, 

24 2013 (division D of Public Law 113–6; 127 Stat. 

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1 port available to congressional homeland security 

2 committees. 

3 ‘‘(12) Prepare the Department’s Quarterly Pro4 gram Accountability Report as required by section 

5 840 of this Act, and make such report available to 

6 the congressional homeland security committees. 

7 ‘‘(c) RESPONSIBILITIES OF COMPONENTS.—Each 

8 head of a Component shall comply with Federal law, the 

9 Federal Acquisition Regulation, and Department acquisi10 tion management directives established by the Under Sec11 retary for Management. For each major acquisition pro12 gram, each head of a Component shall— 

13 ‘‘(1) establish a complete life cycle cost estimate 

14 with supporting documentation, including an acquisi15 tion program baseline; 

16 ‘‘(2) verify each life cycle cost estimate against 

17 independent cost estimates, and reconcile any dif18 ferences; 

19 ‘‘(3) complete a cost-benefit analysis with sup20 porting documentation; 

21 ‘‘(4) develop and maintain a schedule that is 

22 consistent with scheduling best practices as identi23 fied by the Comptroller General of the United 

24 States, including, in appropriate cases, an integrated 

25 master schedule; and 


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1 ‘‘(5) ensure that all acquisition program infor2 mation provided by the Component is complete, ac3 curate, timely, and valid.’’. 

4 (b) CLERICAL AMENDMENT.—The table of contents 

5 in section 1(b) of the Homeland Security Act of 2002 (6 

6 U.S.C. 101 et seq.) is further amended by adding after 

7 the item relating to section 708 the following new item: 

‘‘Sec. 709. Requirements to ensure greater accountability for acquisition programs.’’. 

8 TITLE II—ACQUISITION PRO9 GRAM MANAGEMENT DIS10 CIPLINE 

11 SEC. 201. ACQUISITION REVIEW BOARD. 

12 (a) IN GENERAL.—Subtitle D of title VIII of the 

13 Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) 

14 is amended by adding at the end the following new section: 

15 ‘‘SEC. 836. ACQUISITION REVIEW BOARD. 

16 ‘‘(a) IN GENERAL.—The Secretary shall establish an 

17 Acquisition Review Board (in this section referred to as 

18 the ‘Board’) to strengthen accountability and uniformity 

19 within the Department acquisition review process, review 

20 major acquisition programs, and review the use of best 

21 practices. 

22 ‘‘(b) COMPOSITION.—The Deputy Secretary or Under 

23 Secretary for Management shall serve as chair of the 

24 Board. The Secretary shall also ensure participation by 


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1 other relevant Department officials, including at least 2 

2 Component heads or their designees, as permanent mem3 bers of the Board. 

4 ‘‘(c) MEETINGS.—The Board shall meet every time 

5 a major acquisition program needs authorization to pro6 ceed from acquisition decision events through the acquisi7 tion life cycle and to consider any major acquisition pro8 gram in breach as necessary. The Board may also be con9 vened for non-major acquisitions that are deemed high10 risk by the Executive Director referred to in section 

11 709(b) of this Act. The Board shall also meet regularly 

12 for purposes of ensuring all acquisitions processes proceed 

13 in a timely fashion to achieve mission readiness. 

14 ‘‘(d) RESPONSIBILITIES.—The responsibilities of the 

15 Board are as follows: 

16 ‘‘(1) Determine whether a proposed acquisition 

17 has met the requirements of key phases of the acqui18 sition life cycle framework and is able to proceed to 

19 the next phase and eventual full production and de20 ployment. 

21 ‘‘(2) Oversee executable business strategy, re22 sources, management, accountability, and alignment 

23 to strategic initiatives. 

24 ‘‘(3) Support the person with acquisition deci25 sion authority for an acquisition in determining the 


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1 appropriate direction for the acquisition at key ac2 quisition decision events. 

3 ‘‘(4) Conduct systematic reviews of acquisitions 

4 to ensure that they are progressing in compliance 

5 with the approved documents for their current acqui6 sition phase. 

7 ‘‘(5) Review the acquisition documents of each 

8 major acquisition program, including the acquisition 

9 program baseline, to ensure the reliability of under10 lying data. 

11 ‘‘(6) Ensure that practices are adopted and im12 plemented to require consideration of trade-offs 

13 among cost, schedule, and performance objectives as 

14 part of the process for developing requirements for 

15 major acquisition programs prior to the initiation of 

16 the second acquisition decision event, including, at a 

17 minimum, the following practices: 

18 ‘‘(A) Department officials responsible for 

19 acquisition, budget, and cost estimating func20 tions are provided with the appropriate oppor21 tunity to develop estimates and raise cost and 

22 schedule matters before performance objectives 

23 are established for capabilities when feasible. 


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1 ‘‘(B) Full consideration of possible trade2 offs among cost, schedule, and performance ob3 jectives for each alternative is considered. 

4 ‘‘(e) ACQUISITION PROGRAM BASELINE REPORT RE5 QUIREMENT.—If the person exercising acquisition decision 

6 authority over a major acquisition program approves the 

7 program to proceed into the planning phase before it has 

8 a Department-approved acquisition program baseline, 

9 then the Under Secretary for Management shall create 

10 and approve an acquisition program baseline report on the 

11 decision, and the Secretary shall— 

12 ‘‘(1) within 7 days after an acquisition decision 

13 memorandum is signed, notify in writing the con14 gressional homeland security committees of such de15 cision; and 

16 ‘‘(2) within 60 days after the acquisition deci17 sion memorandum is signed, submit a report to such 

18 committees stating the rationale for the decision and 

19 a plan of action to require an acquisition program 

20 baseline for the program. 

21 ‘‘(f) BEST PRACTICES DEFINED.—In this section, 

22 the term ‘best practices’ has the meaning provided in sec23 tion 4(b) of the DHS Acquisition Accountability and Effi24 ciency Act.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of contents 

2 in section 1(b) of the Homeland Security Act of 2002 (6 

3 U.S.C. 101 et seq.) is further amended by adding after 

4 the item relating to section 835 the following new item: 

‘‘Sec. 836. Acquisition Review Board.’’. 

5 SEC. 202. REQUIREMENTS TO REDUCE DUPLICATION IN AC6 QUISITION PROGRAMS. 

7 (a) IN GENERAL.—Subtitle D of title VIII of the 

8 Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) 

9 is further amended by adding at the end the following new 

10 section: 

11 ‘‘SEC. 837. REQUIREMENTS TO REDUCE DUPLICATION IN 

12 ACQUISITION PROGRAMS. 

13 ‘‘(a) REQUIREMENT TO ESTABLISH POLICIES.—In 

14 an effort to reduce duplication and inefficiency for all De15 partment investments, including major acquisition pro16 grams, the Deputy Secretary, in consultation with the 

17 Under Secretary for Management, shall establish Depart18 ment-wide policies to integrate all phases of the invest19 ment life cycle and help the Department identify, validate, 

20 and prioritize standards for common Component require21 ments for major acquisition program requirements in 

22 order to increase opportunities for effectiveness and effi23 ciencies. The policies shall also include strategic alter24 natives for developing and facilitating a Department Com25 ponent-driven requirements process that includes overVerDate Sep 11 2014 21:30 May 11, 2015 Jkt 049200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H2199.IH H2199

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1 sight of a development test and evaluation capability; iden2 tification of priority gaps and overlaps in Department ca3 pability needs; and provision of feasible technical alter4 natives, including innovative commercially available alter5 natives, to meet capability needs. 

6 ‘‘(b) MECHANISMS TO CARRY OUT REQUIREMENT.— 

7 The Under Secretary for Management shall coordinate the 

8 actions necessary to carry out subsection (a), using such 

9 mechanisms as considered necessary by the Secretary to 

10 help the Department reduce duplication and inefficiency 

11 for all Department investments, including major acquisi12 tion programs. 

13 ‘‘(c) COORDINATION.—In coordinating the actions 

14 necessary to carry out subsection (a), the Deputy Sec15 retary shall consult with the Under Secretary for Manage16 ment, Component Acquisition Executives, and any other 

17 Department officials, including the Under Secretary for 

18 Science and Technology or his designee, with specific 

19 knowledge of Department or Component acquisition capa20 bilities to prevent unnecessary duplication of require21 ments. 

22 ‘‘(d) ADVISORS.—The Deputy Secretary, in consulta23 tion with the Under Secretary for Management, shall seek 

24 and consider input within legal and ethical boundaries 

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1 ments, nonprofit organizations, and the private sector, as 

2 appropriate, on matters within their authority and exper3 tise in carrying out the Department’s mission. 

4 ‘‘(e) MEETINGS.—The Deputy Secretary, in consulta5 tion with the Under Secretary for Management, shall meet 

6 at least quarterly and communicate with Components 

7 often to ensure that Components do not overlap or dupli8 cate spending or priorities on major investments and ac9 quisition programs within their areas of responsibility. 

10 ‘‘(f) RESPONSIBILITIES.—In carrying out this sec11 tion, the responsibilities of the Deputy Secretary, in con12 sultation with the Under Secretary for Management, are 

13 as follows: 

14 ‘‘(1) To review and validate the requirements 

15 documents of major investments and acquisition pro16 grams prior to acquisition decision events of the in17 vestments or programs. 

18 ‘‘(2) To ensure the requirements and scope of 

19 a major investment or acquisition program are sta20 ble, measurable, achievable, at an acceptable risk 

21 level, and match the resources planned to be avail22 able. 

23 ‘‘(3) Before any entity of the Department 

24 issues a solicitation for a new contract, coordinate 


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1 with other Department entities as appropriate to 

2 prevent duplication and inefficiency and— 

3 ‘‘(A) to implement portfolio reviews to 

4 identify common mission requirements and 

5 crosscutting opportunities among Components 

6 to harmonize investments and requirements and 

7 prevent overlap and duplication among Compo8 nents; and 

9 ‘‘(B) to the extent practicable, to stand10 ardize equipment purchases, streamline the ac11 quisition process, improve efficiencies, and con12 duct best practices for strategic sourcing. 

13 ‘‘(4) To ensure program managers of major in14 vestments and acquisition programs conduct anal15 yses, giving particular attention to factors such as 

16 cost, schedule, risk, performance, and operational ef17 ficiency in order to determine that programs work as 

18 intended within cost and budget expectations. 

19 ‘‘(5) To propose schedules for delivery of the 

20 operational capability needed to meet each Depart21 ment investment and major acquisition program. 

22 ‘‘(g) BEST PRACTICES DEFINED.—In this section, 

23 the term ‘best practices’ has the meaning provided in sec24 tion 4(b) of the DHS Acquisition Accountability and Effi25 ciency Act.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of contents 

2 in section 1(b) of the Homeland Security Act of 2002 (6 

3 U.S.C. 101 et seq.) is further amended by adding after 

4 the item relating to section 836 the following new item: 

‘‘Sec. 837. Requirements to reduce duplication in acquisition programs.’’. 

5 SEC. 203. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW 

6 OF BOARD AND OF REQUIREMENTS TO RE7 DUCE DUPLICATION IN ACQUISITION PRO8 GRAMS. 

9 (a) REVIEW REQUIRED.—The Comptroller General 

10 of the United States shall conduct a review of the effec11 tiveness of the Acquisition Review Board established 

12 under section 836 of the Homeland Security Act of 2002 

13 (as added by section 201) and the requirements to reduce 

14 duplication in acquisition programs established under sec15 tion 837 of such Act (as added by section 202) in improv16 ing the Department’s acquisition management process. 

17 (b) SCOPE OF REPORT.—The review shall include the 

18 following: 

19 (1) An assessment of the effectiveness of the 

20 Department in increasing program management 

21 oversight, best practices and standards, and dis22 cipline among the Components of the Department, 

23 including in working together and in preventing 

24 overlap and duplication. 


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1 (2) An assessment of the effectiveness of the 

2 Department in instilling program management dis3 cipline. 

4 (3) A statement of how regularly each major 

5 acquisition program is reviewed by the Board, how 

6 often the Board stops major acquisition programs 

7 from moving forward in the phases of the acquisition 

8 life cycle process, and the number of major acquisi9 tion programs that have been halted because of 

10 problems with operational effectiveness, schedule 

11 delays, or cost overruns. 

12 (c) REPORT REQUIRED.—The Comptroller General 

13 shall submit to the congressional homeland security com14 mittees a report on the review required by this section not 

15 later than 1 year after the date of the enactment of this 

16 Act. The report shall be submitted in unclassified form 

17 but may include a classified annex. 

18 SEC. 204. EXCLUDED PARTY LIST SYSTEM WAIVERS. 

19 The Secretary of Homeland Security shall provide no20 tification to the congressional homeland security commit21 tees within 5 days after the issuance of a waiver by the 

22 Secretary of Federal requirements that an agency not en23 gage in business with a contractor in the Excluded Party 

24 List System (or successor system) as maintained by the 

25 General Services Administration and an explanation for 


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1 a finding by the Secretary that a compelling reason exists 

2 for this action. 

3 SEC. 205. INSPECTOR GENERAL OVERSIGHT OF SUSPEN4 SION AND DEBARMENT. 

5 The Inspector General of the Department of Home6 land Security— 

7 (1) may audit decisions about grant and pro8 curement awards to identify instances where a con9 tract or grant was improperly awarded to a sus10 pended or debarred entity and whether corrective ac11 tions were taken to prevent recurrence; and 

12 (2) shall review the suspension and debarment 

13 program throughout the Department of Homeland 

14 Security to assess whether suspension and debar15 ment criteria are consistently applied throughout the 

16 Department and whether disparities exist in the ap17 plication of such criteria, particularly with respect to 

18 business size and categories. 


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1 TITLE III—ACQUISITION PRO2 GRAM MANAGEMENT AC3 COUNTABILITY AND TRANS4 PARENCY 

5 SEC. 301. CONGRESSIONAL NOTIFICATION AND OTHER RE6 QUIREMENTS FOR MAJOR ACQUISITION PRO7 GRAM BREACH. 

8 (a) IN GENERAL.—Subtitle D of title VIII of the 

9 Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) 

10 is further amended by adding at the end the following new 

11 section: 

12 ‘‘SEC. 838. CONGRESSIONAL NOTIFICATION AND OTHER RE13 QUIREMENTS FOR MAJOR ACQUISITION PRO14 GRAM BREACH. 

15 ‘‘(a) BREACH DEFINED.—The term ‘breach’, with re16 spect to a major acquisition program, means a failure to 

17 meet any cost, schedule, or performance parameter speci18 fied in the acquisition program baseline. 

19 ‘‘(b) REQUIREMENTS WITHIN DEPARTMENT IF

20 BREACH OCCURS.— 

21 ‘‘(1) NOTIFICATIONS.— 

22 ‘‘(A) NOTIFICATION OF BREACH.—If a 

23 breach occurs in a major acquisition program, 

24 the program manager for that program shall 

25 notify the head of the Component concerned, 


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1 the Component Acquisition Executive for the 

2 program, the Executive Director referred to in 

3 section 709(b) of this Act, the Under Secretary 

4 for Management, and the Deputy Secretary. 

5 ‘‘(B) NOTIFICATION TO SECRETARY.—If a 

6 major acquisition program has a breach with a 

7 cost overrun greater than 15 percent or a 

8 schedule delay greater than 180 days from the 

9 costs or schedule set forth in the acquisition 

10 program baseline for the program, the Sec11 retary and the Inspector General of the Depart12 ment shall be notified not later than 5 business 

13 days after the breach is identified. 

14 ‘‘(2) REMEDIATION PLAN AND ROOT CAUSE

15 ANALYSIS.— 

16 ‘‘(A) IN GENERAL.—In the case of a 

17 breach with a cost overrun greater than 15 per18 cent or a schedule delay greater than 180 days 

19 from the costs or schedule set forth in the ac20 quisition program baseline, a remediation plan 

21 and root cause analysis is required, and the 

22 Under Secretary for Management or his des23 ignee shall establish a date for submission with24 in the Department of a breach remediation plan 


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1 and root cause analysis in accordance with this 

2 subsection. 

3 ‘‘(B) REMEDIATION PLAN.—The remedi4 ation plan required under this subsection shall 

5 be submitted in writing to the head of the Com6 ponent concerned, the Executive Director re7 ferred to in section 709(b) of this Act, and the 

8 Under Secretary for Management. The plan 

9 shall— 

10 ‘‘(i) explain the circumstances of the 

11 breach; 

12 ‘‘(ii) provide prior cost estimating in13 formation; 

14 ‘‘(iii) propose corrective action to con15 trol cost growth, schedule delays, or per16 formance issues; 

17 ‘‘(iv) in coordination with Component 

18 Acquisition Executive, discuss all options 

19 considered, including the estimated impact 

20 on cost, schedule, or performance of the 

21 program if no changes are made to current 

22 requirements, the estimated cost of the 

23 program if requirements are modified, and 

24 the extent to which funding from other 


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1 programs will need to be reduced to cover 

2 the cost growth of the program; and 

3 ‘‘(v) explain the rationale for why the 

4 proposed corrective action is recommended. 

5 ‘‘(C) ROOT CAUSE ANALYSIS.—The root 

6 cause analysis required under this subsection 

7 shall determine the underlying cause or causes 

8 of shortcomings in cost, schedule, or perform9 ance of the program, including the role, if any, 

10 of the following: 

11 ‘‘(i) Unrealistic performance expecta12 tions. 

13 ‘‘(ii) Unrealistic baseline estimates for 

14 cost or schedule or changes in program re15 quirements. 

16 ‘‘(iii) Immature technologies or exces17 sive manufacturing or integration risk. 

18 ‘‘(iv) Unanticipated design, engineer19 ing, manufacturing, or technology integra20 tion issues arising during program per21 formance. 

22 ‘‘(v) Changes in procurement quan23 tities. 

24 ‘‘(vi) Inadequate program funding or 

25 changes in planned out-year funding from 


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1 1 5-year funding plan to the next 5-year 

2 funding plan as outlined in the Future 

3 Years Homeland Security Program re4 quired under section 874 of this Act. 

5 ‘‘(vii) Legislative, legal, or regulatory 

6 changes. 

7 ‘‘(viii) Inadequate program manage8 ment personnel, including lack of training, 

9 credentials, certifications, or use of best 

10 practices. 

11 ‘‘(3) CORRECTION OF BREACH.—The Under 

12 Secretary for Management or his designee shall es13 tablish a date for submission within the Department 

14 of a program of corrective action that ensures that 

15 1 of the following actions has occurred: 

16 ‘‘(A) The breach has been corrected and 

17 the program is again in compliance with the 

18 original acquisition program baseline param19 eters. 

20 ‘‘(B) A revised acquisition program base21 line has been approved. 

22 ‘‘(C) The program has been halted or can23 celled. 

24 ‘‘(c) REQUIREMENTS RELATING TO CONGRESSIONAL

25 NOTIFICATION IF BREACH OCCURS.— 


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1 ‘‘(1) NOTIFICATION TO CONGRESS.—If a notifi2 cation is made under subsection (b)(1)(B) for a 

3 breach in a major acquisition program with a cost 

4 overrun greater than 15 percent or a schedule delay 

5 greater than 180 days from the costs or schedule set 

6 forth in the acquisition program baseline, or with an 

7 anticipated failure for any key performance thresh8 old or parameter specified in the acquisition pro9 gram baseline, the Under Secretary for Management 

10 shall notify the congressional homeland security 

11 committees of the breach in the next quarterly Com12 prehensive Acquisition Status Report after the 

13 Under Secretary for Management receives the notifi14 cation from the program manager under subsection 

15 (b)(1)(B). 

16 ‘‘(2) SUBSTANTIAL VARIANCES IN COSTS OR

17 SCHEDULE.—If a likely cost overrun is greater than 

18 20 percent or a likely delay is greater than 12 

19 months from the costs and schedule set forth in the 

20 acquisition program baseline for a major acquisition 

21 program, the Under Secretary for Management shall 

22 include in the notification required in (c)(1) a writ23 ten certification, with supporting explanation, that— 

24 ‘‘(A) the acquisition is essential to the ac25 complishment of the Department’s mission; 


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1 ‘‘(B) there are no alternatives to such ca2 pability or asset that will provide equal or 

3 greater capability in both a more cost-effective 

4 and timely manner; 

5 ‘‘(C) the new acquisition schedule and esti6 mates for total acquisition cost are reasonable; 

7 and 

8 ‘‘(D) the management structure for the ac9 quisition program is adequate to manage and 

10 control performance, cost, and schedule. 

11 ‘‘(3) SUBMISSIONS TO CONGRESS.—Not later 

12 than 30 calendar days after submission to such com13 mittees of a breach notification under paragraph (1) 

14 of this section for a major acquisition program, the 

15 Under Secretary for Management shall submit to 

16 such committees the following: 

17 ‘‘(A) A copy of the remediation plan and 

18 the root cause analysis prepared under sub19 section (b)(2) for the program. 

20 ‘‘(B) A statement describing the corrective 

21 action or actions that have occurred pursuant 

22 to subsection (b)(3) for the program, with a 

23 justification for the action or actions. 

24 ‘‘(d) ADDITIONAL ACTIONS IF BREACH OCCURS.— 


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1 ‘‘(1) PROHIBITION ON OBLIGATION OF

2 FUNDS.—During the 90-day period following sub3 mission under subsection (c)(3) of a remediation 

4 plan, root cause analysis, and statement of corrective 

5 actions with respect to a major acquisition program, 

6 the Under Secretary for Management shall submit a 

7 certification described in paragraph (2) of this sub8 section to the congressional homeland security com9 mittees. If the Under Secretary for Management 

10 does not submit such certification by the end of such 

11 90-day period, then funds appropriated to the major 

12 acquisition program shall not be obligated until the 

13 Under Secretary for Management submits such cer14 tification. 

15 ‘‘(2) CERTIFICATION.—For purposes of para16 graph (1), the certification described in this para17 graph is a certification that— 

18 ‘‘(A) the Department has adjusted or re19 structured the program in a manner that ad20 dresses the root cause or causes of the cost 

21 growth in the program; and 

22 ‘‘(B) the Department has conducted a 

23 thorough review of the breached program’s ac24 quisition decision event approvals and the cur25 rent acquisition decision event approval for the 


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1 breached program has been adjusted as nec2 essary to account for the restructured pro3 gram.’’. 

4 (b) CLERICAL AMENDMENT.—The table of contents 

5 in section 1(b) of the Homeland Security Act of 2002 (6 

6 U.S.C. 101 et seq.) is further amended by adding after 

7 the item relating to section 837 the following new item: 

‘‘Sec. 838. Congressional notification and other requirements for major acquisition program breach.’’. 

8 SEC. 302. MULTIYEAR ACQUISITION STRATEGY. 

9 (a) IN GENERAL.— 

10 (1) AMENDMENT.—Subtitle D of title VIII of 

11 the Homeland Security Act of 2002 (6 U.S.C. 391 

12 et seq.) is further amended by adding at the end the 

13 following new section: 

14 ‘‘SEC. 839. MULTIYEAR ACQUISITION STRATEGY. 

15 ‘‘(a) MULTIYEAR ACQUISITION STRATEGY RE16 QUIRED.—Not later than 1 year after the date of the en17 actment of this section, the Secretary shall submit to the 

18 appropriate homeland security committees a multiyear ac19 quisition strategy to guide the overall direction of the ac20 quisitions of the Department while allowing flexibility to 

21 deal with ever-changing threats and risks and to help in22 dustry better understand, plan, and align resources to 

23 meet the future acquisition needs of the Department. The 

24 strategy shall be updated and included in each Future 


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1 Years Homeland Security Program required under section 

2 874 of this Act. 

3 ‘‘(b) CONSULTATION.—In developing the strategy, 

4 the Secretary shall consult with others as the Secretary 

5 deems appropriate, including headquarters, Components, 

6 employees in the field, and when appropriate, individuals 

7 from industry and the academic community. 

8 ‘‘(c) FORM OF STRATEGY.—The report shall be sub9 mitted in unclassified form but may include a classified 

10 annex for any sensitive or classified information if nec11 essary. The Department also shall publish the plan in an 

12 unclassified format that is publicly available. 

13 ‘‘(d) CONTENTS OF STRATEGY.—The strategy shall 

14 include the following: 

15 ‘‘(1) PRIORITIZED LIST.—A systematic and in16 tegrated prioritized list developed by the Under Sec17 retary for Management or his designee in coordina18 tion with all of the Component Acquisition Execu19 tives of Department major acquisition programs that 

20 Department and Component acquisition investments 

21 seek to address, that includes the expected security 

22 and economic benefit of the program or system and 

23 an analysis of how the security and economic benefit 

24 derived from the program or system will be meas25 ured. 


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1 ‘‘(2) INVENTORY.—A plan to develop a reliable 

2 Department-wide inventory of investments and real 

3 property assets to help the Department plan, budg4 et, schedule, and acquire upgrades of its systems 

5 and equipment and plan for the acquisition and 

6 management of future systems and equipment. 

7 ‘‘(3) FUNDING GAPS.—A plan to address fund8 ing gaps between funding requirements for major ac9 quisition programs and known available resources in10 cluding, to the maximum extent practicable, ways of 

11 leveraging best practices to identify and eliminate 

12 overpayment for items to prevent wasteful pur13 chasing, achieve the greatest level of efficiency and 

14 cost savings by rationalizing purchases, aligning 

15 pricing for similar items, and utilizing purchase tim16 ing and economies of scale. 

17 ‘‘(4) IDENTIFICATION OF CAPABILITIES.—An 

18 identification of test, evaluation, modeling, and sim19 ulation capabilities that will be required to support 

20 the acquisition of the technologies to meet the needs 

21 of the plan and ways to leverage to the greatest ex22 tent possible the emerging technology trends and re23 search and development trends within the public and 

24 private sectors and an identification of ways to en25 sure that the appropriate technology is acquired and 


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1 integrated into the Department’s operating doctrine 

2 and procured in ways that improve mission perform3 ance. 

4 ‘‘(5) FOCUS ON FLEXIBLE SOLUTIONS.—An as5 sessment of ways the Department can improve its 

6 ability to test and acquire innovative solutions to 

7 allow needed incentives and protections for appro8 priate risk-taking in order to meet its acquisition 

9 needs with resiliency, agility, and responsiveness to 

10 assure the Nation’s homeland security and facilitate 

11 trade. 

12 ‘‘(6) FOCUS ON INCENTIVES TO SAVE TAX13 PAYER DOLLARS.—An assessment of ways the De14 partment can develop incentives for program man15 agers and senior Department acquisition officials to 

16 prevent cost overruns, avoid schedule delays, and 

17 achieve cost savings in major acquisition programs. 

18 ‘‘(7) FOCUS ON ADDRESSING DELAYS AND BID

19 PROTESTS.—An assessment of ways the Department 

20 can improve the acquisition process to minimize cost 

21 overruns in requirements development, procurement 

22 announcements, requests for proposals, evaluation of 

23 proposals, protests of decisions and awards and 

24 through the use of best practices as defined in sec25 tion 4(b) of the DHS Acquisition Accountability and 


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1 Efficiency Act and lessons learned by the Depart2 ment and other Federal agencies. 

3 ‘‘(8) FOCUS ON IMPROVING OUTREACH.—An 

4 identification and assessment of ways to increase op5 portunities for communication and collaboration with 

6 industry, small and disadvantaged businesses, intra7 government entities, university centers of excellence, 

8 accredited certification and standards development 

9 organizations, and national laboratories to ensure 

10 that the Department understands the market for 

11 technologies, products, and innovation that is avail12 able to meet its mission needs to inform the require13 ments-setting process and before engaging in an ac14 quisition, including— 

15 ‘‘(A) methods designed especially to engage 

16 small and disadvantaged businesses and a cost17 benefit analysis of the tradeoffs that small and 

18 disadvantaged businesses provide, barriers to 

19 entry for small and disadvantaged businesses, 

20 and unique requirements for small and dis21 advantaged businesses; and 

22 ‘‘(B) within the Department Vendor Com23 munication Plan and Market Research Guide, 

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1 pretation of acquisition regulations and to per2 mit freedom within legal and ethical boundaries 

3 for program managers to interact with such 

4 businesses with transparency. 

5 ‘‘(9) COMPETITION.—A plan regarding competi6 tion as described in subsection (e). 

7 ‘‘(10) ACQUISITION WORKFORCE.—A plan re8 garding the Department acquisition workforce as de9 scribed in subsection (f). 

10 ‘‘(11) FEASIBILITY OF WORKFORCE DEVELOP11 MENT FUND PILOT PROGRAM.—An assessment of 

12 the feasibility of conducting a pilot program to es13 tablish an acquisition workforce development fund as 

14 described in subsection (g). 

15 ‘‘(e) COMPETITION PLAN.—The strategy shall also 

16 include a plan (referred to in subsection (d)(9)) that shall 

17 address actions to ensure competition, or the option of 

18 competition, for major acquisition programs. The plan 

19 may include assessments of the following measures in ap20 propriate cases if such measures are cost effective: 

21 ‘‘(1) Competitive prototyping. 

22 ‘‘(2) Dual-sourcing. 

23 ‘‘(3) Unbundling of contracts. 

24 ‘‘(4) Funding of next-generation prototype sys25 tems or subsystems. 


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1 ‘‘(5) Use of modular, open architectures to en2 able competition for upgrades. 

3 ‘‘(6) Acquisition of complete technical data 

4 packages. 

5 ‘‘(7) Periodic competitions for subsystem up6 grades. 

7 ‘‘(8) Licensing of additional suppliers, including 

8 small businesses. 

9 ‘‘(9) Periodic system or program reviews to ad10 dress long-term competitive effects of program deci11 sions. 

12 ‘‘(f) ACQUISITION WORKFORCE PLAN.— 

13 ‘‘(1) ACQUISITION WORKFORCE.—The strategy 

14 shall also include a plan (referred to in subsection 

15 (d)(10)) to address Department acquisition work16 force accountability and talent management that 

17 identifies the acquisition workforce needs of each 

18 Component performing acquisition functions and de19 velops options for filling those needs with qualified 

20 individuals, including a cost-benefit analysis of con21 tracting for acquisition assistance. 

22 ‘‘(2) ADDITIONAL MATTERS COVERED.—The 

23 acquisition workforce plan shall address ways to— 

24 ‘‘(A) improve the recruitment, hiring, 

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1 tion workforce personnel, including contracting 

2 officer’s representatives, in order to retain high3 ly qualified individuals that have experience in 

4 the acquisition life cycle, complex procurements, 

5 and management of large programs; 

6 ‘‘(B) empower program managers to have 

7 the authority to manage their programs in an 

8 accountable and transparent manner as they 

9 work with the acquisition workforce; 

10 ‘‘(C) prevent duplication within Depart11 ment acquisition workforce training and certifi12 cation requirements through leveraging already13 existing training within the Federal Govern14 ment, academic community, or private industry; 

15 ‘‘(D) achieve integration and consistency 

16 with Government-wide training and accredita17 tion standards, acquisition training tools, and 

18 training facilities; 

19 ‘‘(E) designate the acquisition positions 

20 that will be necessary to support the Depart21 ment acquisition requirements, including in the 

22 fields of— 

23 ‘‘(i) program management; 

24 ‘‘(ii) systems engineering; 


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1 ‘‘(iii) procurement, including con2 tracting; 

3 ‘‘(iv) test and evaluation; 

4 ‘‘(v) life cycle logistics; 

5 ‘‘(vi) cost estimating and program fi6 nancial management; and 

7 ‘‘(vii) additional disciplines appro8 priate to Department mission needs; 

9 ‘‘(F) strengthen the performance of con10 tracting officer’s representatives (as defined in 

11 subpart 1.602–2 and subpart 2.101 of the Fed12 eral Acquisition Regulation), including by— 

13 ‘‘(i) assessing the extent to which con14 tracting officer’s representatives are cer15 tified and receive training that is appro16 priate; 

17 ‘‘(ii) determining what training is 

18 most effective with respect to the type and 

19 complexity of assignment; and 

20 ‘‘(iii) implementing actions to improve 

21 training based on such assessment; and 

22 ‘‘(G) identify ways to increase training for 

23 relevant investigators and auditors to examine 

24 fraud in major acquisition programs, including 

25 identifying opportunities to leverage existing 


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1 Government and private sector resources in co2 ordination with the Inspector General of the 

3 Department. 

4 ‘‘(g) FEASIBILITY OF WORKFORCE DEVELOPMENT

5 FUND PILOT PROGRAM.—The strategy shall also include 

6 an assessment (referred to in subsection (d)(11)) of the 

7 feasibility of conducting a pilot program to establish a 

8 Homeland Security Acquisition Workforce Development 

9 Fund (in this subsection referred to as the ‘Fund’) to en10 sure the Department acquisition workforce has the capac11 ity, in both personnel and skills, needed to properly per12 form its mission and ensure that the Department receives 

13 the best value for the expenditure of public resources. The 

14 assessment shall address the following: 

15 ‘‘(1) Ways to fund the Fund, including the use 

16 of direct appropriations, or the credit, transfer, or 

17 deposit of unobligated or unused funds from Depart18 ment Components into the Fund to remain available 

19 for obligation in the fiscal year for which credited, 

20 transferred, or deposited and to remain available for 

21 successive fiscal years. 

22 ‘‘(2) Ways to reward the Department acquisi23 tion workforce and program managers for good pro24 gram management in controlling cost growth, lim25 iting schedule delays, and ensuring operational effecVerDate Sep 11 2014 21:30 May 11, 2015 Jkt 049200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H2199.IH H2199

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1 tiveness through providing a percentage of the sav2 ings or general acquisition bonuses. 

3 ‘‘(3) Guidance for the administration of the 

4 Fund that includes provisions to do the following: 

5 ‘‘(A) Describe the costs and benefits asso6 ciated with the use of direct appropriations or 

7 credit, transfer, or deposit of unobligated or un8 used funds to finance the Fund. 

9 ‘‘(B) Describe the manner and timing for 

10 applications for amounts in the Fund to be sub11 mitted. 

12 ‘‘(C) Explain the evaluation criteria to be 

13 used for approving or prioritizing applications 

14 for amounts in the Fund in any fiscal year. 

15 ‘‘(D) Explain the mechanism to report to 

16 Congress on the implementation of the Fund on 

17 an ongoing basis. 

18 ‘‘(E) Detail measurable performance 

19 metrics to determine if the Fund is meeting the 

20 objective to improve the acquisition workforce 

21 and to achieve cost savings in acquisition man22 agement.’’. 

23 (2) CLERICAL AMENDMENT.—The table of con24 tents in section 1(b) of the Homeland Security Act 

25 of 2002 (6 U.S.C. 101 et seq.) is further amended 


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1 by adding after the item relating to section 838 the 

2 following new item: 

‘‘Sec. 839. Multiyear acquisition strategy.’’. 

3 (b) CONFORMING AMENDMENT TO FUTURE YEARS

4 HOMELAND SECURITY PROGRAM.—Section 874(b) of the 

5 Homeland Security Act of 2002 (6 U.S.C. 454(b)) is 

6 amended— 

7 (1) by striking ‘‘and’’ at the end of paragraph 

8 (2); 

9 (2) by striking the period at the end of para10 graph (3) and inserting ‘‘; and’’; and 

11 (3) by adding at the end the following new 

12 paragraph: 

13 ‘‘(4) include the multiyear acquisition strategy 

14 required under section 839 of this Act.’’. 

15 SEC. 303. ACQUISITION REPORTS. 

16 (a) IN GENERAL.—Subtitle D of title VIII of the 

17 Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) 

18 is further amended by adding at the end the following new 

19 section: 

20 ‘‘SEC. 840. ACQUISITION REPORTS. 

21 ‘‘(a) COMPREHENSIVE ACQUISITION STATUS RE22 PORT.— 

23 ‘‘(1) IN GENERAL.—The Under Secretary for 

24 Management each year shall submit to the congres25 sional homeland security committees, at the same 


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1 time as the President’s budget is submitted for a fis2 cal year under section 1105(a) of title 31, United 

3 States Code, a comprehensive acquisition status re4 port. The report shall include the following: 

5 ‘‘(A) The information required under the 

6 heading ‘Office of the Under Secretary for 

7 Management’ under title I of division D of the 

8 Consolidated Appropriations Act, 2012 (Public 

9 Law 112–74) (as required under the Depart10 ment of Homeland Security Appropriations Act, 

11 2013 (Public Law 113–6)). 

12 ‘‘(B) A listing of programs that have been 

13 cancelled, modified, paused, or referred to the 

14 Under Secretary for Management or Deputy 

15 Secretary for additional oversight or action by 

16 the Board, Department Office of Inspector 

17 General, or the Comptroller General. 

18 ‘‘(C) A listing of established Executive 

19 Steering Committees, which provide governance 

20 of a program or related set of programs and 

21 lower-tiered oversight, and support between ac22 quisition decision events and Component re23 views, including the mission and membership 

24 for each. 


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1 ‘‘(2) INFORMATION FOR MAJOR ACQUISITION

2 PROGRAMS.—For each major acquisition program, 

3 the report shall include the following: 

4 ‘‘(A) A narrative description, including 

5 current gaps and shortfalls, the capabilities to 

6 be fielded, and the number of planned incre7 ments or units. 

8 ‘‘(B) Acquisition Review Board (or other 

9 board designated to review the acquisition) sta10 tus of each acquisition, including the current 

11 acquisition phase, the date of the last review, 

12 and a listing of the required documents that 

13 have been reviewed with the dates reviewed or 

14 approved. 

15 ‘‘(C) The most current, approved acquisi16 tion program baseline (including project sched17 ules and events). 

18 ‘‘(D) A comparison of the original acquisi19 tion program baseline, the current acquisition 

20 program baseline, and the current estimate. 

21 ‘‘(E) Whether or not an independent 

22 verification and validation has been imple23 mented, with an explanation for the decision 

24 and a summary of any findings. 


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1 ‘‘(F) A rating of cost risk, schedule risk, 

2 and technical risk associated with the program 

3 (including narrative descriptions and mitigation 

4 actions). 

5 ‘‘(G) Contract status (including earned 

6 value management data as applicable). 

7 ‘‘(H) A lifecycle cost of the acquisition, 

8 and time basis for the estimate. 

9 ‘‘(3) UPDATES.—The Under Secretary shall 

10 submit quarterly updates to such report not later 

11 than 45 days after the completion of each quarter. 

12 ‘‘(b) QUARTERLY PROGRAM ACCOUNTABILITY RE13 PORT.—The Under Secretary for Management shall pre14 pare a quarterly program accountability report to meet the 

15 Department’s mandate to perform program health assess16 ments and improve program execution and governance. 

17 The report shall be submitted to the congressional home18 land security committees.’’. 

19 (b) CLERICAL AMENDMENT.—The table of contents 

20 in section 1(b) of the Homeland Security Act of 2002 (6 

21 U.S.C. 101 et seq.) is further amended by adding after 

22 the item relating to section 839 the following new item: 

‘‘Sec. 840. Acquisition reports.’’. 


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1 SEC. 304. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW 

2 OF MULTIYEAR ACQUISITION STRATEGY. 

3 (a) REVIEW REQUIRED.—After submission to Con4 gress of the first multiyear acquisition strategy (pursuant 

5 to section 839 of the Homeland Security Act of 2002) 

6 after the date of the enactment of this Act, the Comp7 troller General of the United States shall conduct a review 

8 of the plan within 180 days to analyze the viability of the 

9 plan’s effectiveness in the following: 

10 (1) Complying with the requirements in section 

11 839 of the Homeland Security Act of 2002, as 

12 added by section 302 of this Act. 

13 (2) Establishing clear connections between De14 partment objectives and acquisition priorities. 

15 (3) Demonstrating that Department acquisition 

16 policy reflects program management best practices 

17 and standards. 

18 (4) Ensuring competition or the option of com19 petition for major acquisition programs. 

20 (5) Considering potential cost savings through 

21 using already-existing technologies when developing 

22 acquisition program requirements. 

23 (6) Preventing duplication within Department 

24 acquisition workforce training requirements through 

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1 eral Government, academic community, or private 

2 industry. 

3 (7) Providing incentives for program managers 

4 to reduce acquisition and procurement costs through 

5 the use of best practices and disciplined program 

6 management. 

7 (8) Assessing the feasibility of conducting a 

8 pilot program to establish a Homeland Security Ac9 quisition Workforce Development Fund. 

10 (b) REPORT REQUIRED.—The Comptroller General 

11 shall submit to the congressional homeland security com12 mittees a report on the review required by this section. 

13 The report shall be submitted in unclassified form but 

14 may include a classified annex. 

15 SEC. 305. OFFICE OF INSPECTOR GENERAL REPORT. 

16 (a) REVIEW REQUIRED.—No later than 2 years fol17 lowing the submission of the report submitted by the 

18 Comptroller General of the United States as required by 

19 section 304, the Department’s Inspector General shall 

20 conduct a review of whether the Department has complied 

21 with the multiyear acquisition strategy (pursuant to sec22 tion 839 of the Homeland Security Act of 2002) and ad23 hered to the strategies set forth in the plan. The review 

24 shall also consider whether the Department has complied 

25 with the requirements to provide the Acquisition Review 


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1 Board with a capability development plan for each major 

2 acquisition program. 

3 (b) REPORT REQUIRED.—The Inspector General 

4 shall submit to the congressional homeland security com5 mittees a report of the review required by this section. The 

6 report shall be submitted in unclassified form but may in7 clude a classified annex. 

Æ 


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