I 

113TH CONGRESS 

2D SESSION H. R. 4228 

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 

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. 

Sec. 4. Definitions. 


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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. 

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. Government Accountability Office review of multiyear acquisition 

strategy. 

Sec. 304. 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 

11 2014, the Department identified over 80 major ac12 quisition programs costing over $300,000,000, and, 

13 based on 2011, estimates it plans to spend about 


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1 $170,000,000,000 in the future on major acquisition 

2 programs. 

3 (3) Since 2005, the Government Accountability 

4 Office has placed Department acquisition manage5 ment activities on its ‘‘High-Risk List’’, which iden6 tifies Government operations that have greater sus7 ceptibility to fraud, waste, abuse, and mismanage8 ment or greater need for transformation to address 

9 economy, efficiency, or effectiveness challenges. 

10 (4) While the Department has taken actions to 

11 address some high-risk acquisition program manage12 ment issues, many programs continue to experience 

13 challenges with funding instability, workforce short14 falls, reliable cost estimates, realistic schedules, 

15 agreed-upon baseline objectives, and consistent and 

16 reliable data needed to accurately measure program 

17 performance. 

18 (5) Of the 77 Department major acquisition 

19 programs in 2011, the Government Accountability 

20 Office identified 42 programs that experienced cost 

21 growth, schedule slips, or both. The Department re22 ported that the magnitude of the cost growth for 16 

23 of the 42 programs, which increased from almost 

24 $20,000,000,000 to over $50,000,000,000 in 2011, 

25 had an aggregate increase of 166 percent. 


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1 (6) In 2012, the Government Accountability Of2 fice found that only 20 of 63 programs had Depart3 ment-approved acquisition program baselines. The 

4 Government Accountability Office also reported that 

5 the Department planned to spend more than $105 

6 billion on programs lacking acquisition program 

7 baselines. 

8 SEC. 4. DEFINITIONS. 

9 (a) IN GENERAL.—In this Act: 

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

11 the Secretary of Homeland Security. 

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

13 means the Department of Homeland Security. 

14 (3) CONGRESSIONAL HOMELAND SECURITY

15 COMMITTEES.—The term ‘‘congressional homeland 

16 security committees’’ means— 

17 (A) the Committee on Homeland Security 

18 of the House of Representatives and the Com19 mittee on Homeland Security and Govern20 mental Affairs of the Senate; and 

21 (B) the Committee on Appropriations of 

22 the House of Representatives and of the Sen23 ate. 

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


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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) BEST PRACTICES.—The term ‘‘best prac5 tices’’, with respect to acquisition, means a knowl6 edge-based approach to capability development that 

7 includes identifying and validating needs; assessing 

8 alternatives to select the most appropriate solution; 

9 clearly establishing well-defined requirements; devel10 oping realistic cost assessments and schedules; se11 curing stable funding that matches resources to re12 quirements; demonstrating technology, design, and 

13 manufacturing maturity; using milestones and exit 

14 criteria or specific accomplishments that dem15 onstrate progress; adopting and executing standard16 ized processes with known success across programs; 

17 establishing an adequate workforce that is qualified 

18 and sufficient to perform necessary functions; and 

19 integrating these capabilities into the Department’s 

20 mission and business operations. 

21 (c) AMENDMENTS TO DEFINITIONS IN HOMELAND

22 SECURITY ACT OF 2002.—Section 2 of the Homeland Se23 curity Act of 2002 is amended— 

24 (1) by inserting ‘‘(a) IN GENERAL.—In this 

25 Act,’’; 


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1 (2) in section 2(2)— 

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

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

4 subparagraph: 

5 ‘‘(B) The term ‘congressional homeland se6 curity committees’ means— 

7 ‘‘(i) the Committee on Homeland Se8 curity of the House of Representatives and 

9 the Committee on Homeland Security and 

10 Governmental Affairs of the Senate; and 

11 ‘‘(ii) the Committee on Appropriations 

12 of the House of Representatives and of the 

13 Senate.’’; and 

14 (3) by adding at the end the following new sub15 section: 

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

17 Act, the following definitions apply: 

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

19 the meaning provided in section 131 of title 41, 

20 United States Code. 

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

22 term ‘acquisition decision authority’ means the au23 thority, held by the Secretary acting through the 

24 Under Secretary for Management or Deputy Sec25 retary— 


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1 ‘‘(A) to ensure compliance with Federal 

2 law, the Federal Acquisition Regulation, and 

3 Department acquisition management directives; 

4 ‘‘(B) to review (including approving, halt5 ing, modifying, or cancelling) an acquisition 

6 program through the life cycle of the program; 

7 ‘‘(C) to ensure that program managers 

8 have the resources necessary to successfully 

9 execute an approved acquisition program; and 

10 ‘‘(D) to ensure good program management 

11 of cost, schedule, risk, and system performance 

12 of the acquisition, including assessing acquisi13 tion program baseline breaches and directing 

14 any corrective action for such breaches. 

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

16 ‘acquisition decision event’, with respect to an in17 vestment or acquisition program, means a predeter18 mined point within the acquisition phases of the in19 vestment or acquisition program at which the invest20 ment or acquisition program will undergo a review 

21 prior to commencement of the next phase. 

22 ‘‘(4) ACQUISITION DECISION MEMORANDUM.— 

23 The term ‘acquisition decision memorandum’, with 

24 respect to an acquisition, means the official acquisi25 tion decision event record that includes a docuVerDate Mar 15 2010 21:59 Mar 18, 2014 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4228.IH H4228

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1 mented record of decisions, exit criteria, and as2 signed actions for the acquisition as determined by 

3 the person exercising acquisition decision authority 

4 for the acquisition. 

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

6 term ‘acquisition program baseline’, with respect to 

7 an acquisition program, means a summary of the 

8 cost, schedule, and performance parameters, ex9 pressed in standard, measurable, quantitative terms, 

10 which must be met in order to accomplish the goals 

11 of the program. 

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

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

14 proposed acquisition, means the document that the 

15 Accountability Review Board approves for the first 

16 acquisition decision event related to validating the 

17 need of a proposed acquisition. 

18 ‘‘(7) COMPONENT ACQUISITION EXECUTIVE.— 

19 The term ‘Component Acquisition Executive’ means 

20 the senior acquisition official within a Component 

21 who is designated in writing by the Under Secretary 

22 for Management, in consultation with the Compo23 nent head, with authority and responsibility for lead24 ing a process and staff to provide acquisition and 

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1 ance to ensure that statutory, regulatory, and higher 

2 level policy requirements are fulfilled, including com3 pliance with Federal law, the Federal Acquisition 

4 Regulation, and Department acquisition manage5 ment directives established by the Under Secretary 

6 for Management. 

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

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

9 all costs associated with research, development, pro10 curement, operation, integrated logistics support, 

11 and disposal under the program, including sup12 porting infrastructure that plans, manages, and exe13 cutes the program over its full life, and costs of com14 mon support items incurred as a result of the pro15 gram. 

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

17 ‘major acquisition program’ means a Department 

18 acquisition program that is estimated by the Sec19 retary to require an eventual total expenditure of at 

20 least $300,000,000 (based on fiscal year 2014 con21 stant dollars) over its life cycle cost.’’. 


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1 TITLE I—ACQUISITION 

2 AUTHORITIES 

3 SEC. 101. ACQUISITION AUTHORITIES FOR UNDER SEC4 RETARY FOR MANAGEMENT. 

5 Section 701 of the Homeland Security Act of 2002 

6 (6 U.S.C. 341) is amended— 

7 (1) in subsection (a)(2), by striking ‘‘Procure8 ment’’ and inserting ‘‘Acquisition and procurement’’; 

9 and 

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

11 ‘‘(d) ACQUISITION AND RELATED RESPONSIBIL12 ITIES.— 

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

14 1702(b) of title 41, United States Code, the Under 

15 Secretary for Management is the Chief Acquisition 

16 Officer of the Department. As Chief Acquisition Of17 ficer, the Under Secretary shall have the authority 

18 and perform the functions as specified in section 

19 1702(b) of such title, and perform all other func20 tions and responsibilities delegated by the Secretary 

21 or described in this subsection. 

22 ‘‘(2) DUTIES AND RESPONSIBILITIES.—In addi23 tion to the authority and functions specified in sec24 tion 1702(b) of title 41, United States Code, the du25 ties and responsibilities of the Under Secretary for 


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1 Management related to acquisition include the fol2 lowing: 

3 ‘‘(A) Advising the Secretary regarding ac4 quisition management activities, taking into ac5 count risks of failure to achieve cost, schedule, 

6 or performance parameters, to ensure that the 

7 Department achieves its mission through the 

8 adoption of widely accepted program manage9 ment best practices and standards. 

10 ‘‘(B) Exercising the acquisition decision 

11 authority to approve, halt, modify (including 

12 the recession of approvals of program mile13 stones), or cancel major acquisition programs, 

14 unless the Under Secretary delegates the au15 thority to a Component Acquisition Executive 

16 pursuant to paragraph (3). 

17 ‘‘(C) Establishing policies for acquisition 

18 that implement an approach that takes into ac19 count risks of failure to achieve cost, schedule, 

20 or performance parameters that all Components 

21 of the Department shall comply with, including 

22 outlining relevant authorities for program man23 agers to effectively manage acquisition pro24 grams. 


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1 ‘‘(D) Ensuring that the heads of Compo2 nents and Component Acquisition Executives 

3 comply with Federal law, the Federal Acquisi4 tion Regulation, and Department acquisition 

5 management directives. 

6 ‘‘(3) DELEGATION OF ACQUISITION DECISION

7 AUTHORITY.— 

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

9 Secretary for Management may delegate acqui10 sition decision authority in writing to the rel11 evant Component Acquisition Executive for an 

12 acquisition program that has a life cycle cost 

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

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

15 Secretary for Management may delegate acqui16 sition decision authority in writing to the rel17 evant Component Acquisition Executive for a 

18 major acquisition program that has a life cycle 

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

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

21 requirements are met: 

22 ‘‘(i) The Component concerned pos23 sesses working policies, processes, and pro24 cedures that are consistent with Depart25 ment-level acquisition policy. 


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1 ‘‘(ii) The Component Acquisition Ex2 ecutive has adequate, experienced, dedi3 cated program management professional 

4 staff commensurate with the size of the 

5 delegated portfolio. 

6 ‘‘(iii) Each major acquisition program 

7 concerned has written documentation 

8 showing that it has a Department-ap9 proved acquisition program baseline and it 

10 is meeting agreed-upon cost, schedule, and 

11 performance thresholds. 

12 ‘‘(4) RELATIONSHIP TO UNDER SECRETARY

13 FOR SCIENCE AND TECHNOLOGY.—Nothing in this 

14 subsection shall diminish the authority granted to 

15 the Under Secretary for Science and Technology 

16 under this Act. The Under Secretary for Manage17 ment and the Under Secretary for Science and 

18 Technology shall cooperate in matters related to the 

19 coordination of acquisitions across the Department 

20 so that investments of the Directorate of Science 

21 and Technology can support current and future re22 quirements of the Components.’’. 


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

3 Section 702 of the Homeland Security Act of 2002 

4 (6 U.S.C. 342) is amended by adding at the end of sub5 section (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 

15 (6 U.S.C. 343) is amended by adding at the end the fol16 lowing new subsection: 

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

19 the acquisition responsibilities of the Chief Information 

20 Officer, in consultation with the Under Secretary for Man21 agement, shall include the following: 

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

23 information technology programs and establish de24 partmental information technology priorities, poli25 cies, processes, standards, guidelines, and proce26 dures. 


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

2 Security Enterprise Architecture and ensure that, 

3 before each acquisition decision event, approved in4 formation technology acquisitions comply with de5 partmental information technology management 

6 processes, technical requirements, and the Homeland 

7 Security Enterprise Architecture. 

8 ‘‘(3) Be responsible for providing recommenda9 tions to the Acquisition Review Board established in 

10 section 836 of this Act on information technology 

11 programs, and be responsible for developing infor12 mation technology acquisition strategic guidance.’’. 

13 SEC. 104. CHIEF PROCUREMENT OFFICER. 

14 (a) IN GENERAL.—Title VII of the Homeland Secu15 rity Act of 2002 (6 U.S.C. 341 et seq.) is amended by 

16 adding at the end the following new section: 

17 ‘‘SEC. 708. CHIEF PROCUREMENT OFFICER. 

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

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

20 Under Secretary for Management. The Chief Procurement 

21 Officer is the senior procurement executive for purposes 

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

23 shall perform procurement functions as specified in such 

24 section. The Chief Procurement Officer also shall perform 

25 other functions and responsibilities set forth in this section 


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1 and as may be assigned by the Under Secretary for Man2 agement. 

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

4 Officer shall— 

5 ‘‘(1) exercise leadership and authority to the ex6 tent delegated by the Under Secretary for Manage7 ment over the Department procurement function; 

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

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

10 oversight of Department procurement and con11 tracting functions and be responsible for ensuring 

12 that a procurement’s contracting strategy and plans 

13 are consistent with the intent and direction of the 

14 Acquisition Review Board established in section 836 

15 of this Act; 

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

17 and main liaison to industry on procurement-related 

18 issues by providing advice on industry engagement, 

19 acquisition policy, oversight of the procurement 

20 function, and development of the acquisition work21 force; 

22 ‘‘(5) oversee a centralized certification and 

23 training program, in consultation with the Under 

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1 est extent practicable, best practices and acquisitions 

2 training opportunities already in existence within the 

3 Federal Government, the private sector, or univer4 sities and colleges, as appropriate; 

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

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

7 of this Act; 

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

9 performance review, of the head of each contracting 

10 activity within the Department; and 

11 ‘‘(8) ensure that a fair proportion (as defined 

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

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

14 are awarded to small businesses and maximize op15 portunities for small business participation. 

16 ‘‘(c) BEST PRACTICES DEFINED.—In this section, 

17 the term ‘best practices’, with respect to acquisition, 

18 means a knowledge-based approach to capability develop19 ment that includes identifying and validating needs; as20 sessing alternatives to select the most appropriate solu21 tion; clearly establishing well-defined requirements; devel22 oping realistic cost assessments and schedules; securing 

23 stable funding that matches resources to requirements; 

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1 plishments that demonstrate progress; adopting and exe2 cuting standardized processes with known success across 

3 programs; establishing an adequate workforce that is 

4 qualified and sufficient to perform necessary functions; 

5 and integrating these capabilities into the Department’s 

6 mission and business operations.’’. 

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

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

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

10 relating to section 707 the following new item: 

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

11 SEC. 105. REQUIREMENTS TO ENSURE GREATER ACCOUNT12 ABILITY FOR ACQUISITION PROGRAMS. 

13 (a) IN GENERAL.—Title VII of the Homeland Secu14 rity Act of 2002 (6 U.S.C. 341 et seq.) is further amended 

15 by adding at the end the following new section: 

16 ‘‘SEC. 709. REQUIREMENTS TO ENSURE GREATER AC17 COUNTABILITY FOR ACQUISITION PRO18 GRAMS. 

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

20 Within the Management Directorate, the Under Secretary 

21 for Management shall establish a mechanism to prioritize 

22 improving the accountability, standardization, and trans23 parency of major acquisition programs of the Department 

24 in order to increase opportunities for effectiveness and efVerDate Mar 15 2010 21:59 Mar 18, 2014 Jkt 039200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H4228.IH H4228

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1 ficiencies and to serve as the central oversight function 

2 of all Department acquisition programs. 

3 ‘‘(b) RESPONSIBILITIES OF EXECUTIVE DIREC4 TOR.—The Under Secretary for Management shall des5 ignate an Executive Director to oversee the requirement 

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

7 directly to the Under Secretary and shall carry out the 

8 following responsibilities: 

9 ‘‘(1) Monitor the performance of Department 

10 acquisition programs regularly between acquisition 

11 decision events to identify problems with cost, per12 formance, or schedule that Components may need to 

13 address to prevent cost overruns, performance 

14 issues, or schedule delays. 

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

16 managing the Department’s acquisition portfolio. 

17 ‘‘(3) Conduct oversight of individual acquisition 

18 programs to implement Department acquisition pro19 gram policy, procedures, and guidance with a pri20 ority on ensuring the data it collects and maintains 

21 from its Components is accurate and reliable. 

22 ‘‘(4) Serve as the focal point within the Depart23 ment for policy, process, and procedure regarding 

24 life cycle cost estimating and analysis. 


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1 ‘‘(5) Serve as the focal point and coordinator 

2 for the acquisition life cycle review process and as 

3 the executive secretariat for the Acquisition Review 

4 Board established under section 836 of this Act. 

5 ‘‘(6) Advise the persons having acquisition deci6 sion authority in making acquisition decisions con7 sistent with all applicable laws and in establishing 

8 clear lines of authority, accountability, and responsi9 bility for acquisition decisionmaking within the De10 partment. 

11 ‘‘(7) Engage in the strategic planning and per12 formance evaluation process required under section 

13 306 of title 5, United States Code, and sections 

14 1105(a)(28), 1115, 1116, and 9703 of title 31, 

15 United States Code, by supporting the Chief Pro16 curement Officer in developing strategies and spe17 cific plans for hiring, training, and professional de18 velopment in order to rectify any deficiency within 

19 the Department’s acquisition workforce. 

20 ‘‘(8) Oversee the Component Acquisition Execu21 tive structure to ensure it has sufficient capabilities 

22 and complies with Department policies. 

23 ‘‘(9) Develop standardized certification stand24 ards in consultation with the Component Acquisition 

25 Executives for all acquisition program managers. 


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

2 certification or actions need review for purposes of 

3 promotion or removal, provide input, in consultation 

4 with the relevant Component Acquisition Executive, 

5 into the relevant program manager’s performance 

6 evaluation, and report positive or negative experi7 ences to the relevant certifying authority. 

8 ‘‘(11) Provide technical support and assistance 

9 to Department acquisitions and acquisition per10 sonnel in conjunction with the Chief Procurement 

11 Officer. 

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

13 Acquisition Status Report, as required by the De14 partment of Homeland Security Appropriations Act, 

15 2013 (division D of Public Law 113–6; 127 Stat. 

16 343), and make such report available to congres17 sional homeland security committees. The report 

18 shall also include— 

19 ‘‘(A) a listing of programs that have been 

20 cancelled, modified, paused, or referred to the 

21 Under Secretary for Management or Deputy 

22 Secretary for additional oversight or action by 

23 the Board, Department Office of Inspector 

24 General, or the Comptroller General; and 


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1 ‘‘(B) a listing of established Executive 

2 Steering Committees, which provide governance 

3 of a program or related set of programs and 

4 lower-tiered oversight, and support between ac5 quisition decision events and Component re6 views, including the mission and membership 

7 for each. 

8 ‘‘(13) Prepare the Department’s Quarterly Pro9 gram Accountability Report to meet the Depart10 ment’s mandate to perform program health assess11 ments and improve program execution and govern12 ance, and make such report available to the congres13 sional homeland security committees. 

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

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

16 Federal Acquisition Regulation, and Department acquisi17 tion management directives established by the Under Sec18 retary for Management. For each major acquisition, each 

19 head of a Component shall establish a complete life cycle 

20 estimate with supporting documentation, complete a cost21 benefit analysis with supporting documentation, and en22 sure that all acquisition program information provided by 

23 the Component is complete, accurate, timely, and valid.’’. 

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

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


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

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

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

3 TITLE II—ACQUISITION PRO4 GRAM MANAGEMENT DIS5 CIPLINE 

6 SEC. 201. ACQUISITION REVIEW BOARD. 

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 amended by adding at the end the following new section: 

10 ‘‘SEC. 836. ACQUISITION REVIEW BOARD. 

11 ‘‘(a) IN GENERAL.—The Under Secretary for Man12 agement shall establish an Acquisition Review Board (in 

13 this section referred to as the ‘Board’) to strengthen ac14 countability and uniformity within the Department acqui15 sition review process, review major acquisition programs, 

16 and review the use of best practices. 

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

18 Secretary for Management shall serve as chair of the 

19 Board. The Chief Financial Officer, Chief Information Of20 ficer, Chief Procurement Officer, and Executive Director 

21 referred to in section 709(b) of this Act shall also serve 

22 on the Board. The Board shall also permit participation 

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1 nent Acquisition Executives on an ad hoc basis at the invi2 tation of the chair. At least two Component heads or their 

3 designees shall be permanent members 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) Validate 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 capability development plan, second acquisition 

17 decision event, including, at a minimum, the fol18 lowing practices: 

19 ‘‘(A) Department officials responsible for 

20 acquisition, budget, and cost estimating func21 tions are provided with the appropriate oppor22 tunity to develop estimates and raise cost and 

23 schedule matters before performance objectives 

24 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 Under Secretary for Management 

6 approves a major acquisition program to proceed beyond 

7 the acquisition decision event requiring a capability devel8 opment plan before it has a Department-approved acquisi9 tion program baseline, then the Under Secretary for Man10 agement shall create and approve an acquisition program 

11 baseline Report on the decision, and the Secretary shall— 

12 ‘‘(1) within seven days after an acquisition deci13 sion memorandum is signed, notify in writing the 

14 congressional homeland security committees of such 

15 decision; 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 708(c) of this Act.’’. 

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

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


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

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

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

3 SEC. 202. REQUIREMENTS TO REDUCE DUPLICATION IN AC4 QUISITION PROGRAMS. 

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

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

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

8 section: 

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

10 ACQUISITION PROGRAMS. 

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

12 an effort to reduce duplication and inefficiency for all De13 partment investments, including major acquisition pro14 grams, the Under Secretary for Management shall estab15 lish Department-wide policies to integrate all phases of the 

16 investment life cycle and help the Department identify, 

17 validate, and prioritize standards for common Component 

18 requirements for major acquisition requirements in order 

19 to increase opportunities for effectiveness and efficiencies. 

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

21 The Under Secretary for Management shall coordinate the 

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

23 mechanisms as considered necessary by the Secretary to 

24 help the Department reduce duplication and inefficiency 


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1 for all Department investments, including major acquisi2 tion programs. 

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

4 necessary to carry out subsection (a), the Under Secretary 

5 for Management shall consult with Component Acquisition 

6 Executives and any other department officials, including 

7 the Under Secretary for Science and Technology or his 

8 designee, with specific knowledge of Department or Com9 ponent acquisition capabilities to prevent unnecessary du10 plication of requirements. 

11 ‘‘(d) ADVISORS.—The Under Secretary for Manage12 ment shall seek and consider input within legal and ethical 

13 boundaries from members of Federal, State, local, and 

14 tribal governments, nonprofit organizations, and the pri15 vate sector, as appropriate, on matters within their au16 thority and expertise in carrying out the Department’s 

17 mission. 

18 ‘‘(e) MEETINGS.—The Under Secretary for Manage19 ment shall meet at least quarterly and communicate with 

20 Components often to ensure that Components do not over21 lap or duplicate spending or priorities on major invest22 ments and acquisition programs within their areas of re23 sponsibility. 


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1 ‘‘(f) RESPONSIBILITIES.—In carrying out this sec2 tion, the responsibilities of the Under Secretary for Man3 agement are as follows: 

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

5 documents of major investments and acquisition pro6 grams prior to acquisition decision events of the in7 vestments or programs. 

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

9 a major investment or acquisition program are sta10 ble, measurable, achievable, at an acceptable risk 

11 level, and match the resources planned to be avail12 able. 

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

14 issues a solicitation for a new contract, coordinate 

15 with other Department entities as appropriate to 

16 prevent duplication and inefficiency and— 

17 ‘‘(A) to implement portfolio reviews to 

18 identify common mission requirements and 

19 crosscutting opportunities among Components 

20 to harmonize investments and requirements and 

21 prevent overlap and duplication among Compo22 nents; and 

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1 quisition process, improve efficiencies, and con2 duct best practices for strategic sourcing. 

3 ‘‘(4) To ensure program managers of major in4 vestments and acquisition programs conduct anal5 yses, giving particular attention to factors such as 

6 cost, schedule, risk, performance, and operational ef7 ficiency in order to determine that programs work as 

8 intended within cost and budget expectations. 

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

10 operational capability needed to meet each Depart11 ment investment and major acquisition program. 

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

13 the term ‘best practices’ has the meaning provided in sec14 tion 708(c) of this Act.’’. 

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

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

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

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

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

19 SEC. 203. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW 

20 OF BOARD AND OF REQUIREMENTS TO RE21 DUCE DUPLICATION IN ACQUISITION PRO22 GRAMS. 

23 (a) REVIEW REQUIRED.—The Comptroller General 

24 of the United States shall conduct a review of the effec25 tiveness of the Acquisition Review Board established 


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1 under section 836 of the Homeland Security Act of 2002 

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

3 duplication in acquisition programs established under sec4 tion 837 of such Act (as added by section 202) in improv5 ing the Department’s acquisition management process. 

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

7 following: 

8 (1) An assessment of the effectiveness of the 

9 Department in increasing program management 

10 oversight, best practices and standards, and dis11 cipline among the Components of the Department, 

12 including in working together and in preventing 

13 overlap and duplication. 

14 (2) An assessment of the effectiveness of the 

15 Department in instilling program management dis16 cipline. 

17 (3) A statement of how regularly each major 

18 acquisition program is reviewed by the Board, how 

19 often the Board stops major acquisition programs 

20 from moving forward in the phases of the acquisition 

21 life cycle process, and the number of major acquisi22 tion programs that have been halted because of 

23 problems with operational effectiveness, schedule 

24 delays, or cost overruns. 


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1 (c) REPORT REQUIRED.—The Comptroller General 

2 shall submit to the congressional homeland security com3 mittees a report on the review required by this section not 

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

5 Act. The report shall be submitted in unclassified form 

6 but may include a classified annex. 

7 TITLE III—ACQUISITION PRO8 GRAM MANAGEMENT AC9 COUNTABILITY AND TRANS10 PARENCY 

11 SEC. 301. CONGRESSIONAL NOTIFICATION AND OTHER RE12 QUIREMENTS FOR MAJOR ACQUISITION PRO13 GRAM BREACH. 

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

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

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

17 section: 

18 ‘‘SEC. 838. CONGRESSIONAL NOTIFICATION AND OTHER RE19 QUIREMENTS FOR MAJOR ACQUISITION PRO20 GRAM BREACH. 

21 ‘‘(a) BREACH DEFINED.—The term ‘breach’, with re22 spect to a major acquisition program, means a failure to 

23 meet any cost, schedule, or performance parameter speci24 fied in the acquisition program baseline. 


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1 ‘‘(b) REQUIREMENTS WITHIN DEPARTMENT IF

2 BREACH OCCURS.— 

3 ‘‘(1) NOTIFICATIONS.— 

4 ‘‘(A) NOTIFICATION OF POTENTIAL

5 BREACH.—If a major acquisition program has a 

6 potential for a breach, notification of the poten7 tial breach shall be made to the head of the 

8 Component concerned and to the Component 

9 Acquisition Executive for the program. 

10 ‘‘(B) NOTIFICATION OF ACTUAL

11 BREACH.—If an actual breach occurs in a 

12 major acquisition program, notification of the 

13 breach shall be made to the head of the Compo14 nent concerned, to the Component Acquisition 

15 Executive for the program, to the Executive Di16 rector referred to in section 709(b) of this Act, 

17 and to the Under Secretary for Management. 

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

19 major acquisition program has a potential for a 

20 breach that is likely to result in a cost overrun 

21 greater than 20 percent or a likely delay is 

22 greater than 12 months from the costs and 

23 schedule described in the acquisition program 

24 baseline, within five business days notification 

25 of the breach shall be made to the Secretary. 


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1 ‘‘(2) REMEDIATION PLAN AND ROOT CAUSE

2 ANALYSIS.— 

3 ‘‘(A) IN GENERAL.—The Under Secretary 

4 for Management or his designee shall establish 

5 a date for submission within the Department of 

6 a breach remediation plan and root cause anal7 ysis in accordance with this subsection. 

8 ‘‘(B) REMEDIATION PLAN.—The remedi9 ation plan required under this subsection shall 

10 be submitted in writing to the head of the Com11 ponent concerned, the Executive Director re12 ferred to in section 709(b) of this Act, and the 

13 Under Secretary for Management. The plan 

14 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 

25 on cost, schedule, or performance of the 


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1 program if no changes are made to current 

2 requirements, the estimated cost of the 

3 program if requirements are modified, and 

4 the extent to which funding from other 

5 programs will need to be reduced to cover 

6 the 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 

12 of shortcomings in cost, schedule, or perform13 ance of the program, including the role, if any, 

14 of the 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 Fu7 ture Years Homeland Security Program 

8 required 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 

16 Secretary for Management or his designee shall es17 tablish a date for submission within the Department 

18 of a program of corrective action that ensures that 

19 one of the following actions has occurred: 

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

21 the program is again in compliance with the re22 vised acquisition program baseline parameters. 

23 ‘‘(B) A revised acquisition program base24 line 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 notifi6 cation is made under subsection (b)(1)(B) for a 

7 breach in a major acquisition program with a cost 

8 overrun greater than 15 percent of the acquisition 

9 program baseline, or with a schedule delay of more 

10 than 180 days in the delivery schedule specified in 

11 the acquisition program baseline, or with an antici12 pated failure for any key performance threshold or 

13 parameter specified in the acquisition program base14 line, the Under Secretary for Management shall no15 tify the congressional homeland security committees 

16 of the breach in the next quarterly Comprehensive 

17 Acquisition Status Report after the Under Secretary 

18 for Management receives the notification from the 

19 program manager under subsection (b)(1)(B). 

20 ‘‘(2) SUBSTANTIAL VARIANCES IN COSTS OR

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

22 20 percent or a likely delay is greater than 12 

23 months from the costs and schedule described in the 

24 acquisition program baseline for a major acquisition 

25 program, the Under Secretary for Management shall 


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1 include in the notification required in (c)(1) a writ2 ten 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 ca6 pability or asset that will provide equal or 

7 greater capability in both a more cost-effective 

8 and timely 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 90 business days after submission to such com17 mittees of a breach notification under paragraph (1) 

18 for a major acquisition program, the Under Sec19 retary for Management shall submit to such commit20 tees 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 action or 

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1 section (b)(3) for the program, with a justifica2 tion for the action or actions. 

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

4 ‘‘(1) PROHIBITION ON OBLIGATION OF

5 FUNDS.—If a notification is made under subsection 

6 (b)(1)(B) for a breach that is in a major acquisition 

7 program, funds appropriated for the major acquisi8 tion program shall not be obligated until the Under 

9 Secretary for Management submits the certification 

10 with respect to the program described in paragraph 

11 (3) to the congressional homeland security commit12 tees. 

13 ‘‘(2) CERTIFICATION.—For purposes of para14 graph (1), the certification described in this para15 graph is a certification that— 

16 ‘‘(A) the Department has adjusted or re17 structured the program in a manner that ad18 dresses the root cause or causes of the cost 

19 growth in the program; and 

20 ‘‘(B) the Department has conducted a 

21 thorough review of the breached program’s ac22 quisition decision event approvals and the cur23 rent acquisition decision event approval for the 

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1 essary to account for the restructured pro2 gram.’’. 

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

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

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

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

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

7 SEC. 302. MULTIYEAR ACQUISITION STRATEGY. 

8 (a) IN GENERAL.— 

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

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

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

12 following new section: 

13 ‘‘SEC. 839. MULTIYEAR ACQUISITION STRATEGY. 

14 ‘‘(a) MULTIYEAR ACQUISITION STRATEGY RE15 QUIRED.—Not later than one year after the date of the 

16 enactment of this section, the Secretary shall submit to 

17 the appropriate homeland security committees a multiyear 

18 acquisition strategy to guide the overall direction of the 

19 acquisitions of the Department while allowing flexibility 

20 to deal with ever-changing threats and risks and to help 

21 industry better understand, plan, and align resources to 

22 meet the future acquisition needs of the Department. The 

23 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 

20 ranked based on mission and greatest security risks 

21 to the homeland that Department and Component 

22 acquisition investments seek to address. 

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

24 Department-wide inventory of investments and real 

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1 et, schedule, and acquire upgrades of its systems 

2 and equipment and plan for the acquisition and 

3 management of future systems and equipment. 

4 ‘‘(3) FUNDING GAPS.—A plan to address fund5 ing gaps between funding requirements for major ac6 quisition programs and known available resources in7 cluding, to the maximum extent practicable, ways of 

8 leveraging commercial leading practices on com9 modity purchases to identify and eliminate overpay10 ment for items to prevent wasteful purchasing, 

11 achieve the greatest level of efficiency and cost sav12 ings by rationalizing purchases, aligning pricing for 

13 similar items, and utilizing purchase timing and 

14 economies of scale. 

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

16 identification of test, evaluation, modeling, and sim17 ulation capabilities that will be required to support 

18 the acquisition of the technologies to meet the needs 

19 of the plan and ways to leverage to the greatest ex20 tent possible the emerging technology trends and re21 search and development trends within the public and 

22 private sectors and an identification of ways to en23 sure that the appropriate technology is acquired and 

24 integrated into the Department’s operating doctrine 


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1 and procured in ways that improve mission perform2 ance. 

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. 

10 ‘‘(6) FOCUS ON ADDRESSING DELAYS AND BID

11 PROTESTS.—An assessment of ways the Department 

12 can improve the acquisition process to minimize cost 

13 overruns and maximize use of flexibilities in the ac14 quisition process, including in requirements develop15 ment, procurement announcements, requests for pro16 posals, evaluation of proposals, protests of decisions 

17 and awards and through the use of best practices as 

18 defined in section 708(c) of this Act and lessons 

19 learned by the Department and other Federal agen20 cies. 

21 ‘‘(7) FOCUS ON IMPROVING OUTREACH.—An 

22 identification and assessment of ways to increase op23 portunities for communication and collaboration with 

24 industry, small and disadvantaged businesses, intra25 government entities, university centers of excellence, 


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1 accredited certification and standards development 

2 organizations, and national laboratories to ensure 

3 that the Department understands the market for 

4 technologies, products, and innovation that is avail5 able to meet its mission needs to inform the require6 ments-setting process and before engaging in an ac7 quisition, including— 

8 ‘‘(A) methods designed especially to engage 

9 small and disadvantaged businesses and a cost10 benefit analysis of the tradeoffs that small and 

11 disadvantaged businesses provide, barriers to 

12 entry for small and disadvantaged businesses, 

13 and unique requirements for small and dis14 advantaged businesses; and 

15 ‘‘(B) within the Department Vendor Com16 munication Plan and Market Research Guide, 

17 instructions for interaction by program man18 agers with such entities to prevent misinter19 pretation of acquisition regulations and to per20 mit freedom within legal and ethical boundaries 

21 for program managers to interact with such 

22 businesses with transparency. 

23 ‘‘(8) COMPETITION.—A plan regarding competi24 tion as described in subsection (e). 


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1 ‘‘(9) ACQUISITION WORKFORCE.—A plan re2 garding the Department acquisition workforce as de3 scribed in subsection (f). 

4 ‘‘(10) FEASIBILITY OF WORKFORCE DEVELOP5 MENT FUND PILOT PROGRAM.—An assessment of 

6 the feasibility of conducting a pilot program to es7 tablish an acquisition workforce development fund as 

8 described in subsection (g). 

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

10 include a plan (referred to in subsection (d)(8)) that shall 

11 address actions to ensure competition, or the option of 

12 competition, for major acquisition programs. The plan 

13 may include assessments of the following measures in ap14 propriate cases if such measures are cost effective: 

15 ‘‘(1) Competitive prototyping. 

16 ‘‘(2) Dual-sourcing. 

17 ‘‘(3) Unbundling of contracts. 

18 ‘‘(4) Funding of next-generation prototype sys19 tems or subsystems. 

20 ‘‘(5) Use of modular, open architectures to en21 able competition for upgrades. 

22 ‘‘(6) Acquisition of complete technical data 

23 packages. 

24 ‘‘(7) Periodic competitions for subsystem up25 grades. 


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

2 small businesses. 

3 ‘‘(9) Periodic system or program reviews to ad4 dress long-term competitive effects of program deci5 sions. 

6 ‘‘(f) ACQUISITION WORKFORCE PLAN.— 

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

8 shall also include a plan (referred to in subsection 

9 (d)(9)) to address Department acquisition workforce 

10 accountability and talent management that identifies 

11 the acquisition workforce needs of each Component 

12 performing acquisition functions and develops op13 tions for filling those needs with qualified individ14 uals, including a cost-benefit analysis of contracting 

15 for acquisition assistance. 

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

17 acquisition workforce plan shall address ways to— 

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

19 training, and retention of Department acquisi20 tion workforce personnel in order to retain 

21 highly qualified individuals that have experience 

22 in the acquisition life cycle, complex procure23 ments, and management of large programs; 

24 ‘‘(B) empower program managers to have 

25 the authority to manage their programs in an 


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1 accountable and transparent manner as they 

2 work with the acquisition workforce; 

3 ‘‘(C) prevent duplication within Depart4 ment acquisition workforce training and certifi5 cation requirements through leveraging already6 existing training within the Federal Govern7 ment, academic community, or private industry; 

8 ‘‘(D) achieve integration and consistency 

9 with Government-wide training and accredita10 tion standards, acquisition training tools, and 

11 training facilities; 

12 ‘‘(E) professionalize the Department’s ac13 quisition workforce; and 

14 ‘‘(F) designate the acquisition positions 

15 that will be necessary to support the Depart16 ment acquisition requirements, including in the 

17 fields of— 

18 ‘‘(i) program management; 

19 ‘‘(ii) systems engineering; 

20 ‘‘(iii) procurement, including con21 tracting; 

22 ‘‘(iv) test and evaluation; 

23 ‘‘(v) life cycle logistics; 

24 ‘‘(vi) cost estimating and program fi25 nancial management; and 


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1 ‘‘(vii) additional disciplines appro2 priate to Department mission needs. 

3 ‘‘(g) FEASIBILITY OF WORKFORCE DEVELOPMENT

4 FUND PILOT PROGRAM.—The strategy shall also include 

5 an assessment (referred to in subsection (d)(10)) of the 

6 feasibility of conducting a pilot program to establish a 

7 Homeland Security Acquisition Workforce Development 

8 Fund (in this subsection referred to as the ‘Fund’) to en9 sure the Department acquisition workforce has the capac10 ity, in both personnel and skills, needed to properly per11 form its mission and ensure that the Department receives 

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

13 assessment shall address the following: 

14 ‘‘(1) Ways to credit, transfer, or deposit unobli15 gated or unused funds from Department Compo16 nents into the Fund to remain available for obliga17 tion in the fiscal year for which credited, trans18 ferred, or deposited and to remain available for suc19 cessive fiscal years. 

20 ‘‘(2) Ways to reward the Department acquisi21 tion workforce and program managers for good pro22 gram management in controlling cost growth, lim23 iting schedule delays, and ensuring operational effec24 tiveness through providing a percentage of the sav25 ings or general acquisition bonuses. 


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

2 Fund that includes provisions to do the following: 

3 ‘‘(A) Describe the manner and timing for 

4 applications for amounts in the Fund to be sub5 mitted. 

6 ‘‘(B) Explain the evaluation criteria to be 

7 used for approving or prioritizing applications 

8 for amounts in the Fund in any fiscal year. 

9 ‘‘(C) Detail measurable performance 

10 metrics to determine if the Fund is meeting the 

11 objective to improve the acquisition workforce 

12 and to achieve cost savings in acquisition man13 agement.’’. 

14 (2) CLERICAL AMENDMENT.—The table of con15 tents in section 1(b) of the Homeland Security Act 

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

17 by adding after the item relating to section 838 the 

18 following new item: 

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

19 (b) CONFORMING AMENDMENT TO FUTURE YEARS

20 HOMELAND SECURITY PROGRAM.—Section 874(a) of the 

21 Homeland Security Act of 2002 (6 U.S.C. 454(a)) is 

22 amended— 

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

24 (2); 


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1 (2) by striking the period at the end of para2 graph (3) and inserting ‘‘; and’’; and 

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

4 paragraph: 

5 ‘‘(4) include the multiyear acquisition strategy 

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

7 SEC. 303. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW 

8 OF MULTIYEAR ACQUISITION STRATEGY. 

9 (a) REVIEW REQUIRED.—After submission to Con10 gress of the first multiyear acquisition strategy (pursuant 

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

12 after the date of the enactment of this Act, the Comp13 troller General of the United States shall conduct a review 

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

15 plan’s effectiveness in the following: 

16 (1) Complying with the requirements in section 

17 839 of the Homeland Security Act of 2002, as 

18 added by section 302 of this Act. 

19 (2) Establishing clear connections between De20 partment objectives and acquisition priorities. 

21 (3) Demonstrating that Department acquisition 

22 policy reflects program management best practices 

23 and standards. 

24 (4) Ensuring competition or the option of com25 petition for major acquisition programs. 


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1 (5) Considering potential cost savings through 

2 using already-existing technologies when developing 

3 acquisition program requirements. 

4 (6) Preventing duplication within Department 

5 acquisition workforce training requirements through 

6 leveraging already-existing training within the Fed7 eral Government, academic community, or private 

8 industry. 

9 (7) Providing incentives for program managers 

10 to reduce acquisition and procurement costs through 

11 the use of best practices and disciplined program 

12 management. 

13 (8) Assessing the feasibility of conducting a 

14 pilot program to establish a Homeland Security Ac15 quisition Workforce Development Fund. 

16 (b) REPORT REQUIRED.—The Comptroller General 

17 shall submit to the congressional homeland security com18 mittees a report on the review required by this section. 

19 The report shall be submitted in unclassified form but 

20 may include a classified annex. 

21 SEC. 304. OFFICE OF INSPECTOR GENERAL REPORT. 

22 (a) REVIEW REQUIRED.—No later than 2 years fol23 lowing the submission of the report submitted by the 

24 Comptroller General of the United States as required by 

25 section 303, the Department’s Inspector General shall 


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1 conduct a review of whether the Department has complied 

2 with the multiyear acquisition strategy (pursuant to sec3 tion 839 of the Homeland Security Act of 2002) and ad4 hered to the strategies set forth in the plan. The review 

5 shall also consider whether the Department has complied 

6 with the requirements to provide the Acquisition Review 

7 Board with a capability development plan for each major 

8 acquisition. 

9 (b) REPORT REQUIRED.—The Inspector General 

10 shall submit to the congressional homeland security com11 mittees a report of the review required by this section. The 

12 report shall be submitted in unclassified form but may in13 clude a classified annex. 

Æ 


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