IB 

Union Calendar No. 324 

113TH CONGRESS 

2D SESSION H. R. 4228 

[Report No. 113–436] 

To require the Department of Homeland Security to improve discipline, 

accountability, and transparency in acquisition program management. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 13, 2014 

Mr. DUNCAN of South Carolina (for himself, Mr. MCCAUL, Mr. BARBER, and 

Mr. DAINES) introduced the following bill; which was referred to the 

Committee on Homeland Security 

MAY 6, 2014 

Additional sponsors: Mr. HUDSON, Ms. JACKSON LEE, Mr. O’ROURKE, Mr. 

PEARCE, Mrs. LUMMIS, Mr. FARENTHOLD, Mr. MATHESON, Mr. 

POMPEO, Mr. YOUNG of Indiana, Mr. CARTER, and Mr. BARLETTA

MAY 6, 2014 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on March 13, 2014] 


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A BILL 

To require the Department of Homeland Security to improve 

discipline, accountability, and transparency in acquisition 

program management. 


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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. 

Sec. 4. Definitions. 

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. 

8 SEC. 3. FINDINGS. 

9 Congress finds the following: 

10 (1) The Department of Homeland Security does 

11 not consistently implement its policies and GovernVerDate Mar 15 2010 21:40 May 06, 2014 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H4228.RH H4228

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1 ment and private sector best practices for acquisitions 

2 and procurement. 

3 (2) It is difficult to determine the cost of the De4 partment’s major acquisition programs because the 

5 Department has not provided consistent, comparable 

6 updates on an annual basis. As of January 2014, the 

7 Department identified over 80 major acquisition pro8 grams costing over $300,000,000, and, based on 2011, 

9 estimates it plans to spend about $170,000,000,000 in 

10 the future on major acquisition programs. 

11 (3) Since 2005, the Government Accountability 

12 Office has placed Department acquisition manage13 ment activities on its ‘‘High-Risk List’’, which identi14 fies Government operations that have greater suscepti15 bility to fraud, waste, abuse, and mismanagement or 

16 greater need for transformation to address economy, 

17 efficiency, or effectiveness challenges. 

18 (4) While the Department has taken actions to 

19 address some high-risk acquisition program manage20 ment issues, many programs continue to experience 

21 challenges with funding instability, workforce short22 falls, reliable cost estimates, realistic schedules, 

23 agreed-upon baseline objectives, and consistent and re24 liable data needed to accurately measure program 

25 performance. 


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1 (5) Of the 77 Department major acquisition pro2 grams in 2011, the Government Accountability Office 

3 identified 42 programs that experienced cost growth, 

4 schedule slips, or both. The Department reported that 

5 the magnitude of the cost growth for 16 of the 42 pro6 grams, which increased from almost $20,000,000,000 

7 to over $50,000,000,000 in 2011, had an aggregate in8 crease of 166 percent. 

9 (6) In 2012, the Government Accountability Of10 fice found that only 20 of 63 programs had Depart11 ment-approved acquisition program baselines. The 

12 Government Accountability Office also reported that 

13 the Department planned to spend more than $105 bil14 lion on programs lacking acquisition program base15 lines. 

16 SEC. 4. DEFINITIONS. 

17 (a) IN GENERAL.—In this Act: 

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

19 the Secretary of Homeland Security. 

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

21 means the Department of Homeland Security. 

22 (3) CONGRESSIONAL HOMELAND SECURITY COM23 MITTEES.—The term ‘‘congressional homeland secu24 rity committees’’ means— 


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1 (A) the Committee on Homeland Security of 

2 the House of Representatives and the Committee 

3 on Homeland Security and Governmental Af4 fairs of the Senate; and 

5 (B) the Committee on Appropriations of the 

6 House of Representatives and of the Senate. 

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

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

9 the meaning provided in section 131 of title 41, 

10 United States Code. 

11 (2) BEST PRACTICES.—The term ‘‘best prac12 tices’’, with respect to acquisition, means a knowl13 edge-based approach to capability development that 

14 includes identifying and validating needs; assessing 

15 alternatives to select the most appropriate solution; 

16 clearly establishing well-defined requirements; devel17 oping realistic cost assessments and schedules; secur18 ing stable funding that matches resources to require19 ments; demonstrating technology, design, and manu20 facturing maturity; using milestones and exit criteria 

21 or specific accomplishments that demonstrate 

22 progress; adopting and executing standardized proc23 esses with known success across programs; estab24 lishing an adequate workforce that is qualified and 

25 sufficient to perform necessary functions; and inteVerDate Mar 15 2010 21:40 May 06, 2014 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H4228.RH H4228

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1 grating these capabilities into the Department’s mis2 sion and business operations. 

3 (c) AMENDMENTS TO DEFINITIONS IN HOMELAND SE4 CURITY ACT OF 2002.—Section 2 of the Homeland Security 

5 Act of 2002 is amended— 

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

7 IN GENERAL.—In this Act,’’; 

8 (2) in paragraph (2)— 

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

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

11 subparagraph: 

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

13 committees’ means— 

14 ‘‘(i) the Committee on Homeland Security 

15 of the House of Representatives and the Com16 mittee on Homeland Security and Governmental 

17 Affairs of the Senate; and 

18 ‘‘(ii) the Committee on Appropriations of 

19 the House of Representatives and of the Senate, 

20 where appropriate.’’; and 

21 (3) by adding at the end the following new sub22 section: 

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

24 Act, the following definitions apply: 


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

2 the meaning provided in section 131 of title 41, 

3 United States Code. 

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

5 term ‘acquisition decision authority’ means the au6 thority, held by the Secretary acting through the Dep7 uty Secretary or Under Secretary for Management— 

8 ‘‘(A) to ensure compliance with Federal 

9 law, the Federal Acquisition Regulation, and De10 partment acquisition management directives; 

11 ‘‘(B) to review (including approving, halt12 ing, modifying, or cancelling) an acquisition 

13 program through the life cycle of the program; 

14 ‘‘(C) to ensure that program managers have 

15 the resources necessary to successfully execute an 

16 approved acquisition program; and 

17 ‘‘(D) to ensure good program management 

18 of cost, schedule, risk, and system performance of 

19 the acquisition, including assessing acquisition 

20 program baseline breaches and directing any 

21 corrective action for such breaches. 

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

23 ‘acquisition decision event’, with respect to an invest24 ment or acquisition program, means a predetermined 

25 point within the acquisition phases of the investment 


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1 or acquisition program at which the investment or 

2 acquisition program will undergo a review prior to 

3 commencement of the next phase. 

4 ‘‘(4) ACQUISITION DECISION MEMORANDUM.— 

5 The term ‘acquisition decision memorandum’, with 

6 respect to an acquisition, means the official acquisi7 tion decision event record that includes a documented 

8 record of decisions, exit criteria, and assigned actions 

9 for the acquisition as determined by the person exer10 cising acquisition decision authority for the acquisi11 tion. 

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

13 term ‘acquisition program baseline’, with respect to 

14 an acquisition program, means a summary of the 

15 cost, schedule, and performance parameters, expressed 

16 in standard, measurable, quantitative terms, which 

17 must be met in order to accomplish the goals of the 

18 program. 

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

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

21 proposed acquisition, means the document that the 

22 Acquisition Review Board approves for the first ac23 quisition decision event related to validating the need 

24 of a proposed acquisition. 


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1 ‘‘(7) COMPONENT ACQUISITION EXECUTIVE.—The 

2 term ‘Component Acquisition Executive’ means the 

3 senior acquisition official within a Component who is 

4 designated in writing by the Under Secretary for 

5 Management, in consultation with the Component 

6 head, with authority and responsibility for leading a 

7 process and staff to provide acquisition and program 

8 management oversight, policy, and guidance to ensure 

9 that statutory, regulatory, and higher level policy re10 quirements are fulfilled, including compliance with 

11 Federal law, the Federal Acquisition Regulation, and 

12 Department acquisition management directives estab13 lished by the Under Secretary for Management. 

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

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

16 all costs associated with research, development, pro17 curement, operation, integrated logistics support, and 

18 disposal under the program, including supporting in19 frastructure that plans, manages, and executes the 

20 program over its full life, and costs of common sup21 port items incurred as a result of the program. 

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

23 ‘major acquisition program’ means a Department ac24 quisition program that is estimated by the Secretary 

25 to require an eventual total expenditure of at least 


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1 $300,000,000 (based on fiscal year 2014 constant dol2 lars) over its life cycle cost.’’. 

3 TITLE I—ACQUISITION 

4 AUTHORITIES 

5 SEC. 101. ACQUISITION AUTHORITIES FOR UNDER SEC6 RETARY FOR MANAGEMENT. 

7 Section 701 of the Homeland Security Act of 2002 (6 

8 U.S.C. 341) is amended— 

9 (1) in subsection (a)(2), by striking ‘‘Procure10 ment’’ and inserting ‘‘Acquisition and procurement’’; 

11 and 

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

13 ‘‘(d) ACQUISITION AND RELATED RESPONSIBIL14 ITIES.— 

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

16 1702(b) of title 41, United States Code, the Under 

17 Secretary for Management is the Chief Acquisition 

18 Officer of the Department. As Chief Acquisition Offi19 cer, the Under Secretary shall have the authority and 

20 perform the functions as specified in section 1702(b) 

21 of such title, and perform all other functions and re22 sponsibilities delegated by the Secretary or described 

23 in this subsection. 

24 ‘‘(2) DUTIES AND RESPONSIBILITIES.—In addi25 tion to the authority and functions specified in secVerDate Mar 15 2010 21:40 May 06, 2014 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H4228.RH H4228

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1 tion 1702(b) of title 41, United States Code, the du2 ties and responsibilities of the Under Secretary for 

3 Management related to acquisition include the fol4 lowing: 

5 ‘‘(A) Advising the Secretary regarding ac6 quisition management activities, taking into ac7 count risks of failure to achieve cost, schedule, or 

8 performance parameters, to ensure that the De9 partment achieves its mission through the adop10 tion of widely accepted program management 

11 best practices and standards. 

12 ‘‘(B) Exercising the acquisition decision au13 thority to approve, halt, modify (including the 

14 rescission of approvals of program milestones), 

15 or cancel major acquisition programs, unless the 

16 Under Secretary delegates the authority to a 

17 Component Acquisition Executive pursuant to 

18 paragraph (3). 

19 ‘‘(C) Establishing policies for acquisition 

20 that implement an approach that takes into ac21 count risks of failure to achieve cost, schedule, or 

22 performance parameters that all Components of 

23 the Department shall comply with, including 

24 outlining relevant authorities for program man25 agers to effectively manage acquisition programs. 


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1 ‘‘(D) Ensuring that each major acquisition 

2 program has a Department-approved acquisition 

3 program baseline. 

4 ‘‘(E) Ensuring that the heads of Compo5 nents and Component Acquisition Executives 

6 comply with Federal law, the Federal Acquisi7 tion Regulation, and Department acquisition 

8 management directives. 

9 ‘‘(F) Ensuring that grants and financial 

10 assistance are provided only to individuals and 

11 organizations that are not suspended or 

12 debarred. 

13 ‘‘(G) Distributing guidance throughout the 

14 Department to ensure that contractors involved 

15 in acquisitions, particularly companies that ac16 cess the Department’s information systems and 

17 technologies, adhere to internal cybersecurity 

18 policies established by the Department of Home19 land Security. 

20 ‘‘(3) DELEGATION OF ACQUISITION DECISION AU21 THORITY.— 

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

23 Secretary for Management may delegate acquisi24 tion decision authority in writing to the relevant 

25 Component Acquisition Executive for an acquisiVerDate Mar 15 2010 21:40 May 06, 2014 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6203 E:\BILLS\H4228.RH H4228

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1 tion program that has a life cycle cost estimate 

2 of less than $300,000,000. 

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

4 Secretary for Management may delegate acquisi5 tion decision authority in writing to the relevant 

6 Component Acquisition Executive for a major 

7 acquisition program that has a life cycle cost es8 timate of at least $300,000,000 but not more 

9 than $1,000,000,000 if all of the following re10 quirements are met: 

11 ‘‘(i) The Component concerned pos12 sesses working policies, processes, and proce13 dures that are consistent with Department14 level acquisition policy. 

15 ‘‘(ii) The Component Acquisition Exec16 utive has adequate, experienced, dedicated 

17 program management professional staff 

18 commensurate with the size of the delegated 

19 portfolio. 

20 ‘‘(iii) Each major acquisition program 

21 concerned has written documentation show22 ing that it has a Department-approved ac23 quisition program baseline and it is meet24 ing agreed-upon cost, schedule, and per25 formance thresholds. 


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1 ‘‘(4) EXCLUDED PARTIES LIST SYSTEM CON2 SULTATION.—The Under Secretary for Management 

3 shall require that all Department contracting and 

4 procurement officials consult the Excluded Parties 

5 List System (or successor system) as maintained by 

6 the General Services Administration prior to award7 ing a contract or grant or entering into other trans8 actions to ascertain whether the selected contractor is 

9 excluded from receiving Federal contracts, certain 

10 subcontracts, and certain types of Federal financial 

11 and non-financial assistance and benefits. 

12 ‘‘(5) RELATIONSHIP TO UNDER SECRETARY FOR

13 SCIENCE AND TECHNOLOGY.—Nothing in this sub14 section shall diminish the authority granted to the 

15 Under Secretary for Science and Technology under 

16 this Act. The Under Secretary for Management and 

17 the Under Secretary for Science and Technology shall 

18 cooperate in matters related to the coordination of ac19 quisitions across the Department so that investments 

20 of the Directorate of Science and Technology can sup21 port current and future requirements of the Compo22 nents.’’. 


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1 SEC. 102. ACQUISITION AUTHORITIES FOR CHIEF FINAN2 CIAL OFFICER. 

3 Section 702 of the Homeland Security Act of 2002 (6 

4 U.S.C. 342) is amended by adding at the end of subsection 

5 (b)(2) the following new subparagraph: 

6 ‘‘(J) Notwithstanding section 902 of title 

7 31, United States Code, provide leadership over 

8 financial management policy and programs for 

9 the Department as they relate to the Depart10 ment’s acquisitions programs, in consultation 

11 with the Under Secretary for Management.’’. 

12 SEC. 103. ACQUISITION AUTHORITIES FOR CHIEF INFORMA13 TION OFFICER. 

14 Section 703 of the Homeland Security Act of 2002 (6 

15 U.S.C. 343) is amended by adding at the end the following 

16 new subsection: 

17 ‘‘(c) ACQUISITION RESPONSIBILITIES.—Notwith18 standing section 11315 of title 40, United States Code, the 

19 acquisition responsibilities of the Chief Information Officer, 

20 in consultation with the Under Secretary for Management, 

21 shall include the following: 

22 ‘‘(1) Serve as the lead technical authority for in23 formation technology programs and establish depart24 mental information technology priorities, policies, 

25 processes, standards, guidelines, and procedures. 


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

2 Security Enterprise Architecture and ensure that, be3 fore each acquisition decision event, approved infor4 mation technology acquisitions comply with depart5 mental information technology management processes, 

6 technical requirements, and the Homeland Security 

7 Enterprise Architecture, and in any case in which in8 formation technology acquisitions do not comply with 

9 Departmental management directives, make rec10 ommendations to the Acquisition Review Board re11 garding such noncompliance. 

12 ‘‘(3) Be responsible for providing recommenda13 tions to the Acquisition Review Board established in 

14 section 836 of this Act on information technology pro15 grams, and be responsible for developing information 

16 technology acquisition strategic guidance.’’. 

17 SEC. 104. CHIEF PROCUREMENT OFFICER. 

18 (a) IN GENERAL.—Title VII of the Homeland Security 

19 Act of 2002 (6 U.S.C. 341 et seq.) is amended by adding 

20 at the end the following new section: 

21 ‘‘SEC. 708. CHIEF PROCUREMENT OFFICER. 

22 ‘‘(a) IN GENERAL.—There is a Chief Procurement Of23 ficer of the Department, who shall report directly to the 

24 Under Secretary for Management. The Chief Procurement 

25 Officer is the senior procurement executive for purposes of 


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

2 perform procurement functions as specified in such section. 

3 The Chief Procurement Officer also shall perform other 

4 functions and responsibilities set forth in this section and 

5 as may be assigned by the Under Secretary for Manage6 ment. 

7 ‘‘(b) RESPONSIBILITIES.—The Chief Procurement Offi8 cer shall— 

9 ‘‘(1) exercise leadership and authority to the ex10 tent delegated by the Under Secretary for Manage11 ment over the Department procurement function; 

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

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

14 oversight of Department procurement and contracting 

15 functions and be responsible for ensuring that a pro16 curement’s contracting strategy and plans are con17 sistent with the intent and direction of the Acquisi18 tion Review Board established in section 836 of this 

19 Act; 

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

21 and main liaison to industry on procurement-related 

22 issues by providing advice on industry engagement, 

23 acquisition policy, oversight of the procurement func24 tion, and development of the acquisition workforce; 


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1 ‘‘(5) oversee a centralized certification and train2 ing program, in consultation with the Under Sec3 retary for Management, for the entire Department ac4 quisition workforce while using, to the greatest extent 

5 practicable, best practices and acquisitions training 

6 opportunities already in existence within the Federal 

7 Government, the private sector, or universities and 

8 colleges, as appropriate, and including training on 

9 how best to identify actions that warrant referrals for 

10 suspension or debarment; 

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

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

13 of this Act; 

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

15 performance review, of the head of each contracting 

16 activity within the Department; 

17 ‘‘(8) collect baseline data and establish perform18 ance measures on the impact of strategic sourcing ini19 tiatives on the private sector, including, in par20 ticular, small businesses; and 

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

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

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

24 are awarded to small businesses, maximize opportuni25 ties for small business participation, and ensure, to 


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1 the extent practicable, small businesses that achieve 

2 qualified vendor status for security-related tech3 nologies are provided an opportunity to compete for 

4 contracts for such technology.’’. 

5 (b) CLERICAL AMENDMENT.—The table of contents in 

6 section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 

7 101 et seq.) is amended by adding after the item relating 

8 to section 707 the following new item: 

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

9 SEC. 105. REQUIREMENTS TO ENSURE GREATER ACCOUNT10 ABILITY FOR ACQUISITION PROGRAMS. 

11 (a) IN GENERAL.—Title VII of the Homeland Security 

12 Act of 2002 (6 U.S.C. 341 et seq.) is further amended by 

13 adding at the end the following new section: 

14 ‘‘SEC. 709. REQUIREMENTS TO ENSURE GREATER ACCOUNT15 ABILITY FOR ACQUISITION PROGRAMS. 

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

17 Within the Management Directorate, the Under Secretary 

18 for Management shall establish a mechanism to prioritize 

19 improving the accountability, standardization, and trans20 parency of major acquisition programs of the Department 

21 in order to increase opportunities for effectiveness and effi22 ciencies and to serve as the central oversight function of 

23 all Department acquisition programs. 

24 ‘‘(b) RESPONSIBILITIES OF EXECUTIVE DIRECTOR.— 

25 The Under Secretary for Management shall designate an 


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1 Executive Director to oversee the requirement under sub2 section (a). The Executive Director shall report directly to 

3 the Under Secretary and shall carry out the following re4 sponsibilities: 

5 ‘‘(1) Monitor the performance of Department ac6 quisition programs regularly between acquisition de7 cision events to identify problems with cost, perform8 ance, or schedule that Components may need to ad9 dress to prevent cost overruns, performance issues, or 

10 schedule delays. 

11 ‘‘(2) Assist the Chief Acquisition Officer in man12 aging the Department’s acquisition portfolio. 

13 ‘‘(3) Conduct oversight of individual acquisition 

14 programs to implement Department acquisition pro15 gram policy, procedures, and guidance with a pri16 ority on ensuring the data it collects and maintains 

17 from its Components is accurate and reliable. 

18 ‘‘(4) Serve as the focal point within the Depart19 ment for policy, process, and procedure regarding life 

20 cycle cost estimating and analysis. 

21 ‘‘(5) Serve as the focal point and coordinator for 

22 the acquisition life cycle review process and as the ex23 ecutive secretariat for the Acquisition Review Board 

24 established under section 836 of this Act. 


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1 ‘‘(6) Advise the persons having acquisition deci2 sion authority in making acquisition decisions con3 sistent with all applicable laws and in establishing 

4 clear lines of authority, accountability, and responsi5 bility for acquisition decisionmaking within the De6 partment. 

7 ‘‘(7) Engage in the strategic planning and per8 formance evaluation process required under section 

9 306 of title 5, United States Code, and sections 

10 1105(a)(28), 1115, 1116, and 9703 of title 31, United 

11 States Code, by supporting the Chief Procurement Of12 ficer in developing strategies and specific plans for 

13 hiring, training, and professional development in 

14 order to rectify any deficiency within the Depart15 ment’s acquisition workforce. 

16 ‘‘(8) Oversee the Component Acquisition Execu17 tive structure to ensure it has sufficient capabilities 

18 and complies with Department policies. 

19 ‘‘(9) Develop standardized certification stand20 ards in consultation with the Component Acquisition 

21 Executives for all acquisition program managers. 

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

23 certification or actions need review for purposes of 

24 promotion or removal, provide input, in consultation 

25 with the relevant Component Acquisition Executive, 


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1 into the relevant program manager’s performance 

2 evaluation, and report positive or negative experi3 ences to the relevant certifying authority. 

4 ‘‘(11) Provide technical support and assistance 

5 to Department acquisitions and acquisition personnel 

6 in conjunction with the Chief Procurement Officer. 

7 ‘‘(12) Prepare the Department’s Comprehensive 

8 Acquisition Status Report, as required by the Depart9 ment of Homeland Security Appropriations Act, 2013 

10 (division D of Public Law 113–6; 127 Stat. 343) and 

11 section 840 of this Act, and make such report avail12 able to congressional homeland security committees. 

13 ‘‘(13) Prepare the Department’s Quarterly Pro14 gram Accountability Report as required by section 

15 840 of this Act, and make such report available to the 

16 congressional homeland security committees. 

17 ‘‘(c) RESPONSIBILITIES OF COMPONENTS.—Each head 

18 of a Component shall comply with Federal law, the Federal 

19 Acquisition Regulation, and Department acquisition man20 agement directives established by the Under Secretary for 

21 Management. For each major acquisition program, each 

22 head of a Component shall— 

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

24 with supporting documentation, including an acquisi25 tion program baseline; 


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

2 independent cost estimates, and reconcile any dif3 ferences; 

4 ‘‘(3) complete a cost-benefit analysis with sup5 porting documentation; 

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

7 consistent with scheduling best practices as identified 

8 by the Comptroller General of the United States, in9 cluding, in appropriate cases, an integrated master 

10 schedule; and 

11 ‘‘(5) ensure that all acquisition program infor12 mation provided by the Component is complete, accu13 rate, timely, and valid.’’. 

14 (b) CLERICAL AMENDMENT.—The table of contents in 

15 section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 

16 101 et seq.) is further amended by adding after the item 

17 relating to section 708 the following new item: 

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

18 TITLE II—ACQUISITION PRO19 GRAM MANAGEMENT DIS20 CIPLINE 

21 SEC. 201. ACQUISITION REVIEW BOARD. 

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

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

24 amended by adding at the end the following new section: 


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1 ‘‘SEC. 836. ACQUISITION REVIEW BOARD. 

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

3 Acquisition Review Board (in this section referred to as the 

4 ‘Board’) to strengthen accountability and uniformity with5 in the Department acquisition review process, review major 

6 acquisition programs, and review the use of best practices. 

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

8 Secretary for Management shall serve as chair of the Board. 

9 The Secretary shall also ensure participation by other rel10 evant Department officials, including at least two Compo11 nent heads or their designees, as permanent members of the 

12 Board. 

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

14 major acquisition program needs authorization to proceed 

15 from acquisition decision events through the acquisition life 

16 cycle and to consider any major acquisition program in 

17 breach as necessary. The Board may also be convened for 

18 non-major acquisitions that are deemed high-risk by the Ex19 ecutive Director referred to in section 709(b) of this Act. 

20 The Board shall also meet regularly for purposes of ensur21 ing all acquisitions processes proceed in a timely fashion 

22 to achieve mission readiness. 

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

24 Board are as follows: 

25 ‘‘(1) Determine whether a proposed acquisition 

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1 tion life cycle framework and is able to proceed to the 

2 next phase and eventual full production and deploy3 ment. 

4 ‘‘(2) Oversee executable business strategy, re5 sources, management, accountability, and alignment 

6 to strategic initiatives. 

7 ‘‘(3) Support the person with acquisition deci8 sion authority for an acquisition in determining the 

9 appropriate direction for the acquisition at key acqui10 sition decision events. 

11 ‘‘(4) Conduct systematic reviews of acquisitions 

12 to ensure that they are progressing in compliance 

13 with the approved documents for their current acqui14 sition phase. 

15 ‘‘(5) Validate the acquisition documents of each 

16 major acquisition program, including the acquisition 

17 program baseline, to ensure the reliability of under18 lying data. 

19 ‘‘(6) Ensure that practices are adopted and im20 plemented to require consideration of trade-offs 

21 among cost, schedule, and performance objectives as 

22 part of the process for developing requirements for 

23 major acquisition programs prior to the initiation of 

24 the capability development plan, second acquisition 


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1 decision event, including, at a minimum, the fol2 lowing practices: 

3 ‘‘(A) Department officials responsible for 

4 acquisition, budget, and cost estimating func5 tions are provided with the appropriate oppor6 tunity to develop estimates and raise cost and 

7 schedule matters before performance objectives 

8 are established for capabilities when feasible. 

9 ‘‘(B) Full consideration of possible trade10 offs among cost, schedule, and performance objec11 tives for each alternative is considered. 

12 ‘‘(e) ACQUISITION PROGRAM BASELINE REPORT RE13 QUIREMENT.—If the person exercising acquisition decision 

14 authority over a major acquisition program approves the 

15 program to proceed beyond the acquisition decision event 

16 requiring a capability development plan before it has a De17 partment-approved acquisition program baseline, then the 

18 Under Secretary for Management shall create and approve 

19 an acquisition program baseline report on the decision, and 

20 the Secretary shall— 

21 ‘‘(1) within seven days after an acquisition deci22 sion memorandum is signed, notify in writing the 

23 congressional homeland security committees of such 

24 decision; and 


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1 ‘‘(2) within 60 days after the acquisition deci2 sion memorandum is signed, submit a report to such 

3 committees stating the rationale for the decision and 

4 a plan of action to require an acquisition program 

5 baseline for the program. 

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

7 term ‘best practices’ has the meaning provided in section 

8 4(b) of the DHS Acquisition Accountability and Efficiency 

9 Act.’’. 

10 (b) CLERICAL AMENDMENT.—The table of contents in 

11 section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 

12 101 et seq.) is further amended by adding after the item 

13 relating to section 835 the following new item: 

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

14 SEC. 202. REQUIREMENTS TO REDUCE DUPLICATION IN AC15 QUISITION PROGRAMS. 

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

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

18 further amended by adding at the end the following new 

19 section: 

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

21 ACQUISITION PROGRAMS. 

22 ‘‘(a) REQUIREMENT TO ESTABLISH POLICIES.—In an 

23 effort to reduce duplication and inefficiency for all Depart24 ment investments, including major acquisition programs, 

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1 retary for Management, shall establish Department-wide 

2 policies to integrate all phases of the investment life cycle 

3 and help the Department identify, validate, and prioritize 

4 standards for common Component requirements for major 

5 acquisition program requirements in order to increase op6 portunities for effectiveness and efficiencies. The policies 

7 shall also include strategic alternatives for developing and 

8 facilitating a Department Component-driven requirements 

9 process that includes oversight of a development test and 

10 evaluation capability; identification of priority gaps and 

11 overlaps in Department capability needs; and provision of 

12 feasible technical alternatives, including innovative com13 mercially available alternatives, to meet capability needs. 

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

15 The Deputy Secretary, in consultation with the Under Sec16 retary for Management, shall coordinate the actions nec17 essary to carry out subsection (a), using such mechanisms 

18 as considered necessary by the Secretary to help the Depart19 ment reduce duplication and inefficiency for all Depart20 ment investments, including major acquisition programs. 

21 ‘‘(c) COORDINATION.—In coordinating the actions nec22 essary to carry out subsection (a), the Deputy Secretary 

23 shall consult with the Under Secretary for Management, 

24 Component Acquisition Executives, and any other Depart25 ment officials, including the Under Secretary for Science 


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1 and Technology or his designee, with specific knowledge of 

2 Department or Component acquisition capabilities to pre3 vent unnecessary duplication of requirements. 

4 ‘‘(d) ADVISORS.—The Deputy Secretary, in consulta5 tion with the Under Secretary for Management, shall seek 

6 and consider input within legal and ethical boundaries 

7 from members of Federal, State, local, and tribal govern8 ments, nonprofit organizations, and the private sector, as 

9 appropriate, on matters within their authority and exper10 tise in carrying out the Department’s mission. 

11 ‘‘(e) MEETINGS.—The Deputy Secretary, in consulta12 tion with the Under Secretary for Management, shall meet 

13 at least quarterly and communicate with Components often 

14 to ensure that Components do not overlap or duplicate 

15 spending or priorities on major investments and acquisi16 tion programs within their areas of responsibility. 

17 ‘‘(f) RESPONSIBILITIES.—In carrying out this section, 

18 the responsibilities of the Deputy Secretary are as follows: 

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

20 documents of major investments and acquisition pro21 grams prior to acquisition decision events of the in22 vestments or programs. 

23 ‘‘(2) To ensure the requirements and scope of a 

24 major investment or acquisition program are stable, 


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1 measurable, achievable, at an acceptable risk level, 

2 and match the resources planned to be available. 

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

4 a solicitation for a new contract, coordinate with 

5 other Department entities as appropriate to prevent 

6 duplication and inefficiency and— 

7 ‘‘(A) to implement portfolio reviews to iden8 tify common mission requirements and cross9 cutting opportunities among Components to har10 monize investments and requirements and pre11 vent overlap and duplication among Compo12 nents; and 

13 ‘‘(B) to the extent practicable, to stand14 ardize equipment purchases, streamline the ac15 quisition process, improve efficiencies, and con16 duct best practices for strategic sourcing. 

17 ‘‘(4) To ensure program managers of major in18 vestments and acquisition programs conduct analyses, 

19 giving particular attention to factors such as cost, 

20 schedule, risk, performance, and operational efficiency 

21 in order to determine that programs work as intended 

22 within cost and budget expectations. 

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

24 operational capability needed to meet each Depart25 ment investment and major acquisition program. 


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

2 term ‘best practices’ has the meaning provided in section 

3 4(b) of the DHS Acquisition Accountability and Efficiency 

4 Act.’’. 

5 (b) CLERICAL AMENDMENT.—The table of contents in 

6 section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 

7 101 et seq.) is further amended by adding after the item 

8 relating to section 836 the following new item: 

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

9 SEC. 203. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW 

10 OF BOARD AND OF REQUIREMENTS TO RE11 DUCE DUPLICATION IN ACQUISITION PRO12 GRAMS. 

13 (a) REVIEW REQUIRED.—The Comptroller General of 

14 the United States shall conduct a review of the effectiveness 

15 of the Acquisition Review Board established under section 

16 836 of the Homeland Security Act of 2002 (as added by 

17 section 201) and the requirements to reduce duplication in 

18 acquisition programs established under section 837 of such 

19 Act (as added by section 202) in improving the Depart20 ment’s acquisition management process. 

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

22 following: 

23 (1) An assessment of the effectiveness of the De24 partment in increasing program management over25 sight, best practices and standards, and discipline 


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1 among the Components of the Department, including 

2 in working together and in preventing overlap and 

3 duplication. 

4 (2) An assessment of the effectiveness of the De5 partment in instilling program management dis6 cipline. 

7 (3) A statement of how regularly each major ac8 quisition program is reviewed by the Board, how 

9 often the Board stops major acquisition programs 

10 from moving forward in the phases of the acquisition 

11 life cycle process, and the number of major acquisi12 tion programs that have been halted because of prob13 lems with operational effectiveness, schedule delays, or 

14 cost overruns. 

15 (c) REPORT REQUIRED.—The Comptroller General 

16 shall submit to the congressional homeland security com17 mittees a report on the review required by this section not 

18 later than one year after the date of the enactment of this 

19 Act. The report shall be submitted in unclassified form but 

20 may include a classified annex. 

21 SEC. 204. EXCLUDED PARTY LIST SYSTEM WAIVERS. 

22 The Secretary of Homeland Security shall provide no23 tification to the congressional homeland security committees 

24 within five days after the issuance of a waiver by the Sec25 retary of Federal requirements that an agency not engage 


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1 in business with a contractor in the Excluded Party List 

2 System (or successor system) as maintained by the General 

3 Services Administration and an explanation for a finding 

4 by the Secretary that a compelling reason exists for this 

5 action. 

6 SEC. 205. INSPECTOR GENERAL OVERSIGHT OF SUSPEN7 SION AND DEBARMENT. 

8 The Inspector General of the Department of Homeland 

9 Security— 

10 (1) may audit decisions about grant and pro11 curement awards to identify instances where a con12 tract or grant was improperly awarded to a sus13 pended or debarred entity and whether corrective ac14 tions were taken to prevent recurrence; and 

15 (2) shall review the suspension and debarment 

16 program throughout the Department of Homeland Se17 curity to assess whether suspension and debarment 

18 criteria are consistently applied throughout the De19 partment and whether disparities exist in the appli20 cation of such criteria, particularly with respect to 

21 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.) is 

10 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 specified 

18 in the acquisition program baseline. 

19 ‘‘(b) REQUIREMENTS WITHIN DEPARTMENT IF

20 BREACH OCCURS.— 

21 ‘‘(1) NOTIFICATIONS.— 

22 ‘‘(A) NOTIFICATION OF POTENTIAL

23 BREACH.—If a major acquisition program has a 

24 potential for a future breach, as determined by 

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1 gram manager shall notify the person exercising 

2 acquisition decision authority for the program. 

3 ‘‘(B) NOTIFICATION OF ACTUAL BREACH.— 

4 If an actual breach occurs in a major acquisi5 tion program, the program manager for that 

6 program shall notify the head of the Component 

7 concerned, the Component Acquisition Executive 

8 for the program, the Executive Director referred 

9 to in section 709(b) of this Act, the Under Sec10 retary for Management, and the Deputy Sec11 retary. 

12 ‘‘(C) NOTIFICATION TO SECRETARY.—If a 

13 major acquisition program has an actual breach 

14 with a cost overrun greater than 20 percent or 

15 a schedule delay greater than 12 months from the 

16 costs or schedule set forth in the acquisition pro17 gram baseline for the program, the Secretary 

18 and the Inspector General of the Department 

19 shall be notified not later than five business days 

20 after the actual breach is identified. 

21 ‘‘(2) REMEDIATION PLAN AND ROOT CAUSE ANAL22 YSIS.— 

23 ‘‘(A) IN GENERAL.—In the case of an actual 

24 breach with a cost overrun greater than 15 per25 cent or a schedule delay greater than 180 days 


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1 from the costs or schedule set forth in the acqui2 sition program baseline, a remediation plan and 

3 root cause analysis is required, and the Under 

4 Secretary for Management or his designee shall 

5 establish a date for submission within the De6 partment of a breach remediation plan and root 

7 cause analysis in accordance with this sub8 section. 

9 ‘‘(B) REMEDIATION PLAN.—The remedi10 ation plan required under this subsection shall 

11 be submitted in writing to the head of the Com12 ponent concerned, the Executive Director referred 

13 to in section 709(b) of this Act, and the Under 

14 Secretary for Management. The plan shall— 

15 ‘‘(i) explain the circumstances of the 

16 breach; 

17 ‘‘(ii) provide prior cost estimating in18 formation; 

19 ‘‘(iii) propose corrective action to con20 trol cost growth, schedule delays, or per21 formance issues; 

22 ‘‘(iv) in coordination with Component 

23 Acquisition Executive, discuss all options 

24 considered, including the estimated impact 

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1 gram if no changes are made to current re2 quirements, the estimated cost of the pro3 gram if requirements are modified, and the 

4 extent to which funding from other pro5 grams will need to be reduced to cover the 

6 cost growth of the program; and 

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

8 proposed corrective action is recommended. 

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

10 cause analysis required under this subsection 

11 shall determine the underlying cause or causes of 

12 shortcomings in cost, schedule, or performance of 

13 the program, including the role, if any, of the 

14 following: 

15 ‘‘(i) Unrealistic performance expecta16 tions. 

17 ‘‘(ii) Unrealistic baseline estimates for 

18 cost or schedule or changes in program re19 quirements. 

20 ‘‘(iii) Immature technologies or exces21 sive manufacturing or integration risk. 

22 ‘‘(iv) Unanticipated design, engineer23 ing, manufacturing, or technology integra24 tion issues arising during program per25 formance. 


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1 ‘‘(v) Changes in procurement quan2 tities. 

3 ‘‘(vi) Inadequate program funding or 

4 changes in planned out-year funding from 

5 one five-year funding plan to the next five6 year funding plan as outlined in the Future 

7 Years Homeland Security Program required 

8 under section 874 of this Act. 

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

10 changes. 

11 ‘‘(viii) Inadequate program manage12 ment personnel, including lack of training, 

13 credentials, certifications, or use of best 

14 practices. 

15 ‘‘(3) CORRECTION OF BREACH.—The Under Sec16 retary for Management or his designee shall establish 

17 a date for submission within the Department of a 

18 program of corrective action that ensures that one of 

19 the following actions has occurred: 

20 ‘‘(A) The breach has been corrected and the 

21 program is again in compliance with the origi22 nal acquisition program baseline parameters. 

23 ‘‘(B) A revised acquisition program baseline 

24 has been approved. 


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1 ‘‘(C) The program has been halted or can2 celled. 

3 ‘‘(c) REQUIREMENTS RELATING TO CONGRESSIONAL

4 NOTIFICATION IF BREACH OCCURS.— 

5 ‘‘(1) NOTIFICATION TO CONGRESS.—If a notifica6 tion is made under subsection (b)(1)(B) for a breach 

7 in a major acquisition program with a cost overrun 

8 greater than 15 percent or a schedule delay greater 

9 than 180 days from the costs or schedule set forth in 

10 the acquisition program baseline, or with an antici11 pated failure for any key performance threshold or 

12 parameter specified in the acquisition program base13 line, the Under Secretary for Management shall no14 tify the congressional homeland security committees of 

15 the breach in the next quarterly Comprehensive Ac16 quisition Status Report after the Under Secretary for 

17 Management receives the notification from the pro18 gram manager under subsection (b)(1)(B). 

19 ‘‘(2) SUBSTANTIAL VARIANCES IN COSTS OR

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

21 20 percent or a likely delay is greater than 12 months 

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1 clude in the notification required in (c)(1) a written 

2 certification, with supporting explanation, that— 

3 ‘‘(A) the acquisition is essential to the ac4 complishment of the Department’s mission; 

5 ‘‘(B) there are no alternatives to such capa6 bility or asset that will provide equal or greater 

7 capability in both a more cost-effective and time8 ly manner; 

9 ‘‘(C) the new acquisition schedule and esti10 mates for total acquisition cost are reasonable; 

11 and 

12 ‘‘(D) the management structure for the ac13 quisition program is adequate to manage and 

14 control performance, cost, and schedule. 

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

16 than 30 calendar days after submission to such com17 mittees of a breach notification under paragraph (1) 

18 of this section for a major acquisition program, the 

19 Under Secretary for Management shall submit to such 

20 committees the following: 

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

22 the root cause analysis prepared under sub23 section (b)(2) for the program. 

24 ‘‘(B) A statement describing the corrective 

25 action or actions that have occurred pursuant to 


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1 subsection (b)(3) for the program, with a jus2 tification for the action or actions. 

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

4 ‘‘(1) PROHIBITION ON OBLIGATION OF FUNDS.— 

5 During the 90-day period following submission under 

6 subsection (c)(3) of a remediation plan, root cause 

7 analysis, and statement of corrective actions with re8 spect to a major acquisition program, the Under Sec9 retary for Management shall submit a certification 

10 described in paragraph (2) of this subsection to the 

11 congressional homeland security committees. If the 

12 Under Secretary for Management does not submit 

13 such certification by the end of such 90-day period, 

14 then funds appropriated to the major acquisition pro15 gram shall not be obligated until the Under Secretary 

16 for Management submits such certification. 

17 ‘‘(2) CERTIFICATION.—For purposes of para18 graph (1), the certification described in this para19 graph is a certification that— 

20 ‘‘(A) the Department has adjusted or re21 structured the program in a manner that ad22 dresses the root cause or causes of the cost growth 

23 in the program; and 

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1 tion decision event approvals and the current ac2 quisition decision event approval for the 

3 breached program has been adjusted as necessary 

4 to account for the restructured program.’’. 

5 (b) CLERICAL AMENDMENT.—The table of contents in 

6 section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 

7 101 et seq.) is further amended by adding after the item 

8 relating to section 837 the following new item: 

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

9 SEC. 302. MULTIYEAR ACQUISITION STRATEGY. 

10 (a) IN GENERAL.— 

11 (1) AMENDMENT.—Subtitle D of title VIII of the 

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

13 is further amended by adding at the end the following 

14 new section: 

15 ‘‘SEC. 839. MULTIYEAR ACQUISITION STRATEGY. 

16 ‘‘(a) MULTIYEAR ACQUISITION STRATEGY RE17 QUIRED.—Not later than one year after the date of the en18 actment of this section, the Secretary shall submit to the 

19 appropriate homeland security committees a multiyear ac20 quisition strategy to guide the overall direction of the acqui21 sitions of the Department while allowing flexibility to deal 

22 with ever-changing threats and risks and to help industry 

23 better understand, plan, and align resources to meet the fu24 ture acquisition needs of the Department. The strategy shall 


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1 be updated and included in each Future Years Homeland 

2 Security Program required under section 874 of this Act. 

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

4 Secretary shall consult with others as the Secretary deems 

5 appropriate, including headquarters, Components, employ6 ees in the field, and when appropriate, individuals from 

7 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 in14 clude the following: 

15 ‘‘(1) PRIORITIZED LIST.—A systematic and inte16 grated prioritized list developed by the Under Sec17 retary for Management or his designee in coordina18 tion with all of the Component Acquisition Executives 

19 of Department major acquisition programs that De20 partment 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 measured. 


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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, budget, 

4 schedule, and acquire upgrades of its systems and 

5 equipment and plan for the acquisition and manage6 ment of future systems and equipment. 

7 ‘‘(3) FUNDING GAPS.—A plan to address funding 

8 gaps between funding requirements for major acquisi9 tion programs and known available resources includ10 ing, 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 of 

21 the plan and ways to leverage to the greatest extent 

22 possible the emerging technology trends and research 

23 and development trends within the public and private 

24 sectors and an identification of ways to ensure that 

25 the appropriate technology is acquired and integrated 


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1 into the Department’s operating doctrine and pro2 cured in ways that improve mission performance. 

3 ‘‘(5) FOCUS ON FLEXIBLE SOLUTIONS.—An as4 sessment of ways the Department can improve its 

5 ability to test and acquire innovative solutions to 

6 allow needed incentives and protections for appro7 priate risk-taking in order to meet its acquisition 

8 needs with resiliency, agility, and responsiveness to 

9 assure the Nation’s homeland security and facilitate 

10 trade. 

11 ‘‘(6) FOCUS ON INCENTIVES TO SAVE TAXPAYER

12 DOLLARS.—An assessment of ways the Department 

13 can develop incentives for program managers and 

14 senior Department acquisition officials to prevent cost 

15 overruns, avoid schedule delays, and achieve cost sav16 ings in major acquisition programs. 

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

18 PROTESTS.—An assessment of ways the Department 

19 can improve the acquisition process to minimize cost 

20 overruns in requirements development, procurement 

21 announcements, requests for proposals, evaluation of 

22 proposals, protests of decisions and awards and 

23 through the use of best practices as defined in section 

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1 ciency Act and lessons learned by the Department 

2 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 tech11 nologies, products, and innovation that is available to 

12 meet its mission needs to inform the requirements-set13 ting process and before engaging in an acquisition, 

14 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 tion of acquisition regulations and to permit 

2 freedom within legal and ethical boundaries for 

3 program managers to interact with such busi4 nesses 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 the 

12 feasibility of conducting a pilot program to establish 

13 an acquisition workforce development fund as de14 scribed in subsection (g). 

15 ‘‘(e) COMPETITION PLAN.—The strategy shall also in16 clude a plan (referred to in subsection (d)(9)) that shall 

17 address actions to ensure competition, or the option of com18 petition, for major acquisition programs. The plan may in19 clude assessments of the following measures in appropriate 

20 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 enable 

2 competition for upgrades. 

3 ‘‘(6) Acquisition of complete technical data pack4 ages. 

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 workforce 

16 accountability and talent management that identifies 

17 the acquisition workforce needs of each Component 

18 performing acquisition functions and develops options 

19 for filling those needs with qualified individuals, in20 cluding a cost-benefit analysis of contracting for ac21 quisition assistance. 

22 ‘‘(2) ADDITIONAL MATTERS COVERED.—The ac23 quisition workforce plan shall address ways to— 

24 ‘‘(A) improve the recruitment, hiring, train25 ing, and retention of Department acquisition 


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1 workforce personnel, including contracting offi2 cer’s representatives, in order to retain highly 

3 qualified individuals that have experience in the 

4 acquisition life cycle, complex procurements, and 

5 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 Department 

21 acquisition requirements, including in the fields 

22 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 De3 partment. 

4 ‘‘(g) FEASIBILITY OF WORKFORCE DEVELOPMENT

5 FUND PILOT PROGRAM.—The strategy shall also include an 

6 assessment (referred to in subsection (d)(11)) of the feasi7 bility of conducting a pilot program to establish a Home8 land Security Acquisition Workforce Development Fund (in 

9 this subsection referred to as the ‘Fund’) to ensure the De10 partment acquisition workforce has the capacity, in both 

11 personnel and skills, needed to properly perform its mission 

12 and ensure that the Department receives the best value for 

13 the expenditure of public resources. The assessment shall ad14 dress the following: 

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

16 of direct appropriations, or the credit, transfer, or de17 posit 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 acquisition 

23 workforce and program managers for good program 

24 management in controlling cost growth, limiting 

25 schedule delays, and ensuring operational effectiveness 


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1 through providing a percentage of the savings or gen2 eral 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 associ6 ated 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 metrics 

19 to determine if the Fund is meeting the objective 

20 to improve the acquisition workforce and to 

21 achieve cost savings in acquisition manage22 ment.’’. 

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

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


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1 adding after the item relating to section 838 the fol2 lowing 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 para12 graph: 

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.) is 

18 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 fiscal 

2 year under section 1105(a) of title 31, United States 

3 Code, a comprehensive acquisition status report. The 

4 report shall include the following: 

5 ‘‘(A) The information required under the 

6 heading ‘Office of the Under Secretary for Man7 agement’ under Title I of division D of the Con8 solidated Appropriations Act, 2012 (Public Law 

9 112-74) (as required under the Department of 

10 Homeland Security Appropriations Act, 2013 

11 (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 Sec15 retary for additional oversight or action by the 

16 Board, Department Office of Inspector General, 

17 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 for 

24 each. 


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1 ‘‘(2) INFORMATION FOR MAJOR ACQUISITION

2 PROGRAMS.—For each major acquisition program, the 

3 report shall include the following: 

4 ‘‘(A) A narrative description, including cur5 rent gaps and shortfalls, the capabilities to be 

6 fielded, and the number of planned increments or 

7 units. 

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

9 board designated to review the acquisition) sta10 tus of each acquisition, including the current ac11 quisition phase, the date of the last review, and 

12 a listing of the required documents that have 

13 been reviewed with the dates reviewed or ap14 proved. 

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 and 

24 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, and 

8 time basis for the estimate. 

9 ‘‘(3) UPDATES.—The Under Secretary shall sub10 mit quarterly updates to such report not later than 

11 45 days after the completion of each quarter. 

12 ‘‘(b) QUARTERLY PROGRAM ACCOUNTABILITY RE13 PORT.—The Under Secretary for Management shall prepare 

14 a quarterly program accountability report to meet the De15 partment’s mandate to perform program health assessments 

16 and improve program execution and governance. The report 

17 shall be submitted to the congressional homeland security 

18 committees.’’. 

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

20 section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 

21 101 et seq.) is further amended by adding after the item 

22 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 Congress 

4 of the first multiyear acquisition strategy (pursuant to sec5 tion 839 of the Homeland Security Act of 2002) after the 

6 date of the enactment of this Act, the Comptroller General 

7 of the United States shall conduct a review of the plan with8 in 180 days to analyze the viability of the plan’s effective9 ness in the following: 

10 (1) Complying with the requirements in section 

11 839 of the Homeland Security Act of 2002, as added 

12 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 

25 leveraging already-existing training within the FedVerDate Mar 15 2010 21:40 May 06, 2014 Jkt 039200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6203 E:\BILLS\H4228.RH H4228

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1 eral Government, academic community, or private in2 dustry. 

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 pilot 

8 program to establish a Homeland Security Acquisi9 tion 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. The 

13 report shall be submitted in unclassified form but may in14 clude 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 Comp18 troller General of the United States as required by section 

19 304, the Department’s Inspector General shall conduct a re20 view of whether the Department has complied with the 

21 multiyear acquisition strategy (pursuant to section 839 of 

22 the Homeland Security Act of 2002) and adhered to the 

23 strategies set forth in the plan. The review shall also con24 sider whether the Department has complied with the re25 quirements to provide the Acquisition Review Board with 


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1 a capability development plan for each major acquisition 

2 program. 

3 (b) REPORT REQUIRED.—The Inspector General shall 

4 submit to the congressional homeland security committees 

5 a report of the review required by this section. The report 

6 shall be submitted in unclassified form but may include a 

7 classified annex. 


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Union Calendar No. 324 

113TH CONGRESS 

2D SESSION H. R. 4228 

[Report No. 113–436] 

A BILL 

To require the Department of Homeland Security 

parency in acquisition program management. to improve discipline, accountability, and transMAY 6, 2014 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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