from the costs or schedule set forth in the acqui-
sition program baseline, a remediation plan and 
root cause analysis is required, and the Under 
Secretary for Management or his designee shall 
establish a date for submission within the De-
partment of a breach remediation plan and root 
cause analysis in accordance with this sub-
section. 
‘‘(B) REMEDIATION
PLAN.—The remedi-
ation plan required under this subsection shall 
be submitted in writing to the head of the Com-
ponent concerned, the Executive Director referred 
to in section 709(b) of this Act, and the Under 
Secretary for Management. The plan shall— 
‘‘(i) explain the circumstances of the 
breach; 
‘‘(ii) provide prior cost estimating in-
formation; 
‘‘(iii) propose corrective action to con-
trol cost growth, schedule delays, or per-
formance issues; 
‘‘(iv) in coordination with Component 
Acquisition Executive, discuss all options 
considered, including the estimated impact 
on cost, schedule, or performance of the pro-
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gram if no changes are made to current re-
quirements, the estimated cost of the pro-
gram if requirements are modified, and the 
extent to which funding from other pro-
grams will need to be reduced to cover the 
cost growth of the program; and 
‘‘(v) explain the rationale for why the 
proposed corrective action is recommended. 
‘‘(C) ROOT
CAUSE
ANALYSIS.—The root 
cause analysis required under this subsection 
shall determine the underlying cause or causes of 
shortcomings in cost, schedule, or performance of 
the program, including the role, if any, of the 
following: 
‘‘(i) Unrealistic performance expecta-
tions. 
‘‘(ii) Unrealistic baseline estimates for 
cost or schedule or changes in program re-
quirements. 
‘‘(iii) Immature technologies or exces-
sive manufacturing or integration risk. 
‘‘(iv) Unanticipated design, engineer-
ing, manufacturing, or technology integra-
tion issues arising during program per-
formance. 
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‘‘(v) Changes in procurement quan-
tities. 
‘‘(vi) Inadequate program funding or 
changes in planned out-year funding from 
one five-year funding plan to the next five- 
year funding plan as outlined in the Future 
Years Homeland Security Program required 
under section 874 of this Act. 
‘‘(vii) Legislative, legal, or regulatory 
changes. 
‘‘(viii) Inadequate program manage-
ment personnel, including lack of training, 
credentials, certifications, or use of best 
practices. 
‘‘(3) CORRECTION OF BREACH.—The Under Sec-
retary for Management or his designee shall establish 
a date for submission within the Department of a 
program of corrective action that ensures that one of 
the following actions has occurred: 
‘‘(A) The breach has been corrected and the 
program is again in compliance with the origi-
nal acquisition program baseline parameters. 
‘‘(B) A revised acquisition program baseline 
has been approved. 
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‘‘(C) The program has been halted or can-
celled. 
‘‘(c) REQUIREMENTS RELATING TO CONGRESSIONAL 
NOTIFICATION IF BREACH OCCURS.— 
‘‘(1) NOTIFICATION TO CONGRESS.—If a notifica-
tion is made under subsection (b)(1)(B) for a breach 
in a major acquisition program with a cost overrun 
greater than 15 percent or a schedule delay greater 
than 180 days from the costs or schedule set forth in 
the acquisition program baseline, or with an antici-
pated failure for any key performance threshold or 
parameter specified in the acquisition program base-
line, the Under Secretary for Management shall no-
tify the congressional homeland security committees of 
the breach in the next quarterly Comprehensive Ac-
quisition Status Report after the Under Secretary for 
Management receives the notification from the pro-
gram manager under subsection (b)(1)(B). 
‘‘(2) SUBSTANTIAL
VARIANCES
IN
COSTS
OR 
SCHEDULE.—If a likely cost overrun is greater than 
20 percent or a likely delay is greater than 12 months 
from the costs and schedule set forth in the acquisi-
tion program baseline for a major acquisition pro-
gram, the Under Secretary for Management shall in-
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clude in the notification required in (c)(1) a written 
certification, with supporting explanation, that— 
‘‘(A) the acquisition is essential to the ac-
complishment of the Department’s mission; 
‘‘(B) there are no alternatives to such capa-
bility or asset that will provide equal or greater 
capability in both a more cost-effective and time-
ly manner; 
‘‘(C) the new acquisition schedule and esti-
mates for total acquisition cost are reasonable; 
and 
‘‘(D) the management structure for the ac-
quisition program is adequate to manage and 
control performance, cost, and schedule. 
‘‘(3) SUBMISSIONS
TO
CONGRESS.—Not later 
than 30 calendar days after submission to such com-
mittees of a breach notification under paragraph (1) 
of this section for a major acquisition program, the 
Under Secretary for Management shall submit to such 
committees the following: 
‘‘(A) A copy of the remediation plan and 
the root cause analysis prepared under sub-
section (b)(2) for the program. 
‘‘(B) A statement describing the corrective 
action or actions that have occurred pursuant to 
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subsection (b)(3) for the program, with a jus-
tification for the action or actions. 
‘‘(d) ADDITIONAL ACTIONS IF BREACH OCCURS.— 
‘‘(1) PROHIBITION ON OBLIGATION OF FUNDS.— 
During the 90-day period following submission under 
subsection (c)(3) of a remediation plan, root cause 
analysis, and statement of corrective actions with re-
spect to a major acquisition program, the Under Sec-
retary for Management shall submit a certification 
described in paragraph (2) of this subsection to the 
congressional homeland security committees. If the 
Under Secretary for Management does not submit 
such certification by the end of such 90-day period, 
then funds appropriated to the major acquisition pro-
gram shall not be obligated until the Under Secretary 
for Management submits such certification. 
‘‘(2) CERTIFICATION.—For purposes of para-
graph (1), the certification described in this para-
graph is a certification that— 
‘‘(A) the Department has adjusted or re-
structured the program in a manner that ad-
dresses the root cause or causes of the cost growth 
in the program; and 
‘‘(B) the Department has conducted a thor-
ough review of the breached program’s acquisi-
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tion decision event approvals and the current ac-
quisition 
decision 
event 
approval 
for 
the 
breached program has been adjusted as necessary 
to account for the restructured program.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 
101 et seq.) is further amended by adding after the item 
relating to section 837 the following new item: 
‘‘Sec. 838. Congressional notification and other requirements for major acquisi-
tion program breach.’’. 
SEC. 302. MULTIYEAR ACQUISITION STRATEGY. 
(a) IN GENERAL.— 
(1) AMENDMENT.—Subtitle D of title VIII of the 
Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) 
is further amended by adding at the end the following 
new section: 
‘‘SEC. 839. MULTIYEAR ACQUISITION STRATEGY. 
‘‘(a) 
MULTIYEAR
ACQUISITION
STRATEGY
RE-
QUIRED.—Not later than one year after the date of the en-
actment of this section, the Secretary shall submit to the 
appropriate homeland security committees a multiyear ac-
quisition strategy to guide the overall direction of the acqui-
sitions of the Department while allowing flexibility to deal 
with ever-changing threats and risks and to help industry 
better understand, plan, and align resources to meet the fu-
ture acquisition needs of the Department. The strategy shall 
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be updated and included in each Future Years Homeland 
Security Program required under section 874 of this Act. 
‘‘(b) CONSULTATION.—In developing the strategy, the 
Secretary shall consult with others as the Secretary deems 
appropriate, including headquarters, Components, employ-
ees in the field, and when appropriate, individuals from 
industry and the academic community. 
‘‘(c) FORM OF STRATEGY.—The report shall be sub-
mitted in unclassified form but may include a classified 
annex for any sensitive or classified information if nec-
essary. The Department also shall publish the plan in an 
unclassified format that is publicly available. 
‘‘(d) CONTENTS OF STRATEGY.—The strategy shall in-
clude the following: 
‘‘(1) PRIORITIZED LIST.—A systematic and inte-
grated prioritized list developed by the Under Sec-
retary for Management or his designee in coordina-
tion with all of the Component Acquisition Executives 
of Department major acquisition programs that De-
partment and Component acquisition investments 
seek to address, that includes the expected security 
and economic benefit of the program or system and 
an analysis of how the security and economic benefit 
derived from the program or system will be measured. 
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‘‘(2) INVENTORY.—A plan to develop a reliable 
Department-wide inventory of investments and real 
property assets to help the Department plan, budget, 
schedule, and acquire upgrades of its systems and 
equipment and plan for the acquisition and manage-
ment of future systems and equipment. 
‘‘(3) FUNDING GAPS.—A plan to address funding 
gaps between funding requirements for major acquisi-
tion programs and known available resources includ-
ing, to the maximum extent practicable, ways of 
leveraging best practices to identify and eliminate 
overpayment for items to prevent wasteful pur-
chasing, achieve the greatest level of efficiency and 
cost savings by rationalizing purchases, aligning 
pricing for similar items, and utilizing purchase tim-
ing and economies of scale. 
‘‘(4) IDENTIFICATION
OF
CAPABILITIES.—An 
identification of test, evaluation, modeling, and sim-
ulation capabilities that will be required to support 
the acquisition of the technologies to meet the needs of 
the plan and ways to leverage to the greatest extent 
possible the emerging technology trends and research 
and development trends within the public and private 
sectors and an identification of ways to ensure that 
the appropriate technology is acquired and integrated 
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into the Department’s operating doctrine and pro-
cured in ways that improve mission performance. 
‘‘(5) FOCUS ON FLEXIBLE SOLUTIONS.—An as-
sessment of ways the Department can improve its 
ability to test and acquire innovative solutions to 
allow needed incentives and protections for appro-
priate risk-taking in order to meet its acquisition 
needs with resiliency, agility, and responsiveness to 
assure the Nation’s homeland security and facilitate 
trade. 
‘‘(6) FOCUS ON INCENTIVES TO SAVE TAXPAYER 
DOLLARS.—An assessment of ways the Department 
can develop incentives for program managers and 
senior Department acquisition officials to prevent cost 
overruns, avoid schedule delays, and achieve cost sav-
ings in major acquisition programs. 
‘‘(7) FOCUS ON ADDRESSING DELAYS AND BID 
PROTESTS.—An assessment of ways the Department 
can improve the acquisition process to minimize cost 
overruns in requirements development, procurement 
announcements, requests for proposals, evaluation of 
proposals, protests of decisions and awards and 
through the use of best practices as defined in section 
4(b) of the DHS Acquisition Accountability and Effi-
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ciency Act and lessons learned by the Department 
and other Federal agencies. 
‘‘(8) FOCUS
ON
IMPROVING
OUTREACH.—An 
identification and assessment of ways to increase op-
portunities for communication and collaboration with 
industry, small and disadvantaged businesses, intra- 
government entities, university centers of excellence, 
accredited certification and standards development 
organizations, and national laboratories to ensure 
that the Department understands the market for tech-
nologies, products, and innovation that is available to 
meet its mission needs to inform the requirements-set-
ting process and before engaging in an acquisition, 
including— 
‘‘(A) methods designed especially to engage 
small and disadvantaged businesses and a cost- 
benefit analysis of the tradeoffs that small and 
disadvantaged businesses provide, barriers to 
entry for small and disadvantaged businesses, 
and unique requirements for small and dis-
advantaged businesses; and 
‘‘(B) within the Department Vendor Com-
munication Plan and Market Research Guide, 
instructions for interaction by program man-
agers with such entities to prevent misinterpreta-
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tion of acquisition regulations and to permit 
freedom within legal and ethical boundaries for 
program managers to interact with such busi-
nesses with transparency. 
‘‘(9) COMPETITION.—A plan regarding competi-
tion as described in subsection (e). 
‘‘(10) ACQUISITION
WORKFORCE.—A plan re-
garding the Department acquisition workforce as de-
scribed in subsection (f). 
‘‘(11) FEASIBILITY
OF
WORKFORCE
DEVELOP-
MENT FUND PILOT PROGRAM.—An assessment of the 
feasibility of conducting a pilot program to establish 
an acquisition workforce development fund as de-
scribed in subsection (g). 
‘‘(e) COMPETITION PLAN.—The strategy shall also in-
clude a plan (referred to in subsection (d)(9)) that shall 
address actions to ensure competition, or the option of com-
petition, for major acquisition programs. The plan may in-
clude assessments of the following measures in appropriate 
cases if such measures are cost effective: 
‘‘(1) Competitive prototyping. 
‘‘(2) Dual-sourcing. 
‘‘(3) Unbundling of contracts. 
‘‘(4) Funding of next-generation prototype sys-
tems or subsystems. 
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‘‘(5) Use of modular, open architectures to enable 
competition for upgrades. 
‘‘(6) Acquisition of complete technical data pack-
ages. 
‘‘(7) Periodic competitions for subsystem up-
grades. 
‘‘(8) Licensing of additional suppliers, including 
small businesses. 
‘‘(9) Periodic system or program reviews to ad-
dress long-term competitive effects of program deci-
sions. 
‘‘(f) ACQUISITION WORKFORCE PLAN.— 
‘‘(1) ACQUISITION
WORKFORCE.—The strategy 
shall also include a plan (referred to in subsection 
(d)(10)) to address Department acquisition workforce 
accountability and talent management that identifies 
the acquisition workforce needs of each Component 
performing acquisition functions and develops options 
for filling those needs with qualified individuals, in-
cluding a cost-benefit analysis of contracting for ac-
quisition assistance. 
‘‘(2) ADDITIONAL MATTERS COVERED.—The ac-
quisition workforce plan shall address ways to— 
‘‘(A) improve the recruitment, hiring, train-
ing, and retention of Department acquisition 
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workforce personnel, including contracting offi-
cer’s representatives, in order to retain highly 
qualified individuals that have experience in the 
acquisition life cycle, complex procurements, and 
management of large programs; 
‘‘(B) empower program managers to have 
the authority to manage their programs in an 
accountable and transparent manner as they 
work with the acquisition workforce; 
‘‘(C) prevent duplication within Depart-
ment acquisition workforce training and certifi-
cation requirements through leveraging already- 
existing training within the Federal Govern-
ment, academic community, or private industry; 
‘‘(D) achieve integration and consistency 
with Government-wide training and accredita-
tion standards, acquisition training tools, and 
training facilities; 
‘‘(E) designate the acquisition positions 
that will be necessary to support the Department 
acquisition requirements, including in the fields 
of— 
‘‘(i) program management; 
‘‘(ii) systems engineering; 
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‘‘(iii) procurement, including con-
tracting; 
‘‘(iv) test and evaluation; 
‘‘(v) life cycle logistics; 
‘‘(vi) cost estimating and program fi-
nancial management; and 
‘‘(vii) additional disciplines appro-
priate to Department mission needs; 
‘‘(F) strengthen the performance of con-
tracting officer’s representatives (as defined in 
Subpart 1.602-2 and Subpart 2.101 of the Fed-
eral Acquisition Regulation), including by— 
‘‘(i) assessing the extent to which con-
tracting officer’s representatives are cer-
tified and receive training that is appro-
priate; 
‘‘(ii) determining what training is 
most effective with respect to the type and 
complexity of assignment; and 
‘‘(iii) implementing actions to improve 
training based on such assessment; and 
‘‘(G) identify ways to increase training for 
relevant investigators and auditors to examine 
fraud in major acquisition programs, including 
identifying opportunities to leverage existing 
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Government and private sector resources in co-
ordination with the Inspector General of the De-
partment. 
‘‘(g) FEASIBILITY
OF WORKFORCE DEVELOPMENT 
FUND PILOT PROGRAM.—The strategy shall also include an 
assessment (referred to in subsection (d)(11)) of the feasi-
bility of conducting a pilot program to establish a Home-
land Security Acquisition Workforce Development Fund (in 
this subsection referred to as the ‘Fund’) to ensure the De-
partment acquisition workforce has the capacity, in both 
personnel and skills, needed to properly perform its mission 
and ensure that the Department receives the best value for 
the expenditure of public resources. The assessment shall ad-
dress the following: 
‘‘(1) Ways to fund the Fund, including the use 
of direct appropriations, or the credit, transfer, or de-
posit of unobligated or unused funds from Depart-
ment Components into the Fund to remain available 
for obligation in the fiscal year for which credited, 
transferred, or deposited and to remain available for 
successive fiscal years. 
‘‘(2) Ways to reward the Department acquisition 
workforce and program managers for good program 
management in controlling cost growth, limiting 
schedule delays, and ensuring operational effectiveness 
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