I 
114TH CONGRESS 
1ST SESSION H. R. 2199 
To require the Department of Homeland Security to improve discipline, 
accountability, and transparency in acquisition program management. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 1, 2015 
Mr. PERRY (for himself, Mr. MCCAUL, Mr. DUNCAN of South Carolina, Mr. 
THOMPSON of Mississippi, Mrs. WATSON COLEMAN, and Mr. CARTER of 
Texas) introduced the following bill; which was referred to the Committee 
on Homeland Security 
A BILL 
To require the Department of Homeland Security to improve 
discipline, accountability, and transparency in acquisition 
program management. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘DHS Acquisition Ac-
countability and Efficiency Act’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
Sec. 3. Findings. 
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Sec. 4. Definitions. 
Sec. 5. Prohibition on additional authorization of appropriations. 
TITLE I—ACQUISITION AUTHORITIES 
Sec. 101. Acquisition authorities for Under Secretary for Management. 
Sec. 102. Acquisition authorities for Chief Financial Officer. 
Sec. 103. Acquisition authorities for Chief Information Officer. 
Sec. 104. Chief Procurement Officer. 
Sec. 105. Requirements to ensure greater accountability for acquisition pro-
grams. 
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 require-
ments 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 acquisi-
tion 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. 
SEC. 3. FINDINGS. 
Congress finds the following: 
(1) The Department of Homeland Security does 
not consistently implement its policies and Govern-
ment and private sector best practices for acquisi-
tions and procurement. 
(2) It is difficult to determine the cost of the 
Department’s major acquisition programs because 
the Department has not provided consistent, com-
parable updates on an annual basis. As of January 
2014, the Department identified over 80 major ac-
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quisition programs costing over $300,000,000, and, 
based on 2011, estimates it plans to spend about 
$170,000,000,000 in the future on major acquisition 
programs. 
(3) Since 2005, the Government Accountability 
Office has placed Department acquisition manage-
ment activities on its ‘‘High-Risk List’’, which iden-
tifies Government operations that have greater sus-
ceptibility to fraud, waste, abuse, and mismanage-
ment or greater need for transformation to address 
economy, efficiency, or effectiveness challenges. 
(4) While the Department has taken actions to 
address some high-risk acquisition program manage-
ment issues, many programs continue to experience 
challenges with funding instability, workforce short-
falls, reliable cost estimates, realistic schedules, 
agreed-upon baseline objectives, and consistent and 
reliable data needed to accurately measure program 
performance. 
(5) Of the 77 Department major acquisition 
programs in 2011, the Government Accountability 
Office identified 42 programs that experienced cost 
growth, schedule slips, or both. The Department re-
ported that the magnitude of the cost growth for 16 
of the 42 programs, which increased from almost 
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$20,000,000,000 to over $50,000,000,000 in 2011, 
had an aggregate increase of 166 percent. 
(6) In 2012, the Government Accountability Of-
fice found that only 20 of 63 programs had Depart-
ment-approved acquisition program baselines. The 
Government Accountability Office also reported that 
the Department planned to spend more than $105 
billion on programs lacking acquisition program 
baselines. 
(7) In 2015, the Government Accountability Of-
fice found that only 2 of 22 programs they assessed 
were on track to meet cost and schedule parameters. 
The Government Accountability Office also found 
that 7 programs had cost estimates increase by over 
40 percent of what the Department originally ap-
proved. As a result, the Department expects to 
spend almost $10,000,000,000 more than it origi-
nally estimated for those programs. 
SEC. 4. DEFINITIONS. 
(a) IN GENERAL.—In this Act: 
(1) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
(2) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Homeland Security. 
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(3) CONGRESSIONAL
HOMELAND
SECURITY 
COMMITTEES.—The term ‘‘congressional homeland 
security committees’’ means— 
(A) the Committee on Homeland Security 
of the House of Representatives and the Com-
mittee on Homeland Security and Govern-
mental Affairs of the Senate; and 
(B) the Committee on Appropriations of 
the House of Representatives and of the Sen-
ate. 
(b) ADDITIONAL DEFINITIONS.—In this Act: 
(1) ACQUISITION.—The term ‘‘acquisition’’ has 
the meaning provided in section 131 of title 41, 
United States Code. 
(2) BEST PRACTICES.—The term ‘‘best prac-
tices’’, with respect to acquisition, means a knowl-
edge-based approach to capability development that 
includes identifying and validating needs; assessing 
alternatives to select the most appropriate solution; 
clearly establishing well-defined requirements; devel-
oping realistic cost assessments and schedules; se-
curing stable funding that matches resources to re-
quirements; demonstrating technology, design, and 
manufacturing maturity; using milestones and exit 
criteria or specific accomplishments that dem-
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onstrate progress; adopting and executing standard-
ized processes with known success across programs; 
establishing an adequate workforce that is qualified 
and sufficient to perform necessary functions; and 
integrating these capabilities into the Department’s 
mission and business operations. 
(c) AMENDMENTS TO DEFINITIONS IN HOMELAND 
SECURITY ACT OF 2002.—Section 2 of the Homeland Se-
curity Act of 2002 is amended— 
(1) by striking ‘‘In this Act,’’ and inserting ‘‘(a) 
IN GENERAL.—In this Act,’’; 
(2) in paragraph (2)— 
(A) by inserting ‘‘(A)’’ after ‘‘(2)’’; and 
(B) by adding at the end the following new 
subparagraph: 
‘‘(B) The term ‘congressional homeland security 
committees’ means— 
‘‘(i) the Committee on Homeland Security 
of the House of Representatives and the Com-
mittee on Homeland Security and Govern-
mental Affairs of the Senate; and 
‘‘(ii) the Committee on Appropriations of 
the House of Representatives and of the Sen-
ate, where appropriate.’’; and 
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(3) by adding at the end the following new sub-
section: 
‘‘(b) ACQUISITION-RELATED DEFINITIONS.—In this 
Act, the following definitions apply: 
‘‘(1) ACQUISITION.—The term ‘acquisition’ has 
the meaning provided in section 131 of title 41, 
United States Code. 
‘‘(2) ACQUISITION DECISION AUTHORITY.—The 
term ‘acquisition decision authority’ means the au-
thority, held by the Secretary acting through the 
Deputy Secretary or Under Secretary for Manage-
ment— 
‘‘(A) to ensure compliance with Federal 
law, the Federal Acquisition Regulation, and 
Department acquisition management directives; 
‘‘(B) to review (including approving, halt-
ing, modifying, or cancelling) an acquisition 
program through the life cycle of the program; 
‘‘(C) to ensure that program managers 
have the resources necessary to successfully 
execute an approved acquisition program; and 
‘‘(D) to ensure good program management 
of cost, schedule, risk, and system performance 
of the acquisition, including assessing acquisi-
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tion program baseline breaches and directing 
any corrective action for such breaches. 
‘‘(3) ACQUISITION DECISION EVENT.—The term 
‘acquisition decision event’, with respect to an in-
vestment or acquisition program, means a predeter-
mined point within the acquisition phases of the in-
vestment or acquisition program at which the invest-
ment or acquisition program will undergo a review 
prior to commencement of the next phase. 
‘‘(4) ACQUISITION DECISION MEMORANDUM.— 
The term ‘acquisition decision memorandum’, with 
respect to an acquisition, means the official acquisi-
tion decision event record that includes a docu-
mented record of decisions, exit criteria, and as-
signed actions for the acquisition as determined by 
the person exercising acquisition decision authority 
for the acquisition. 
‘‘(5) ACQUISITION
PROGRAM
BASELINE.—The 
term ‘acquisition program baseline’, with respect to 
an acquisition program, means a summary of the 
cost, schedule, and performance parameters, ex-
pressed in standard, measurable, quantitative terms, 
which must be met in order to accomplish the goals 
of the program. 
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‘‘(6) CAPABILITY
DEVELOPMENT
PLAN.—The 
term ‘capability development plan’, with respect to a 
proposed acquisition, means the document that the 
Acquisition Review Board approves for the first ac-
quisition decision event related to validating the 
need of a proposed acquisition. 
‘‘(7) COMPONENT ACQUISITION EXECUTIVE.— 
The term ‘Component Acquisition Executive’ means 
the senior acquisition official within a Component 
who is designated in writing by the Under Secretary 
for Management, in consultation with the Compo-
nent head, with authority and responsibility for lead-
ing a process and staff to provide acquisition and 
program management oversight, policy, and guid-
ance to ensure that statutory, regulatory, and higher 
level policy requirements are fulfilled, including com-
pliance with Federal law, the Federal Acquisition 
Regulation, and Department acquisition manage-
ment directives established by the Under Secretary 
for Management. 
‘‘(8) LIFE CYCLE COST.—The term ‘life cycle 
cost’, with respect to an acquisition program, means 
all costs associated with research, development, pro-
curement, operation, integrated logistics support, 
and disposal under the program, including sup-
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porting infrastructure that plans, manages, and exe-
cutes the program over its full life, and costs of com-
mon support items incurred as a result of the pro-
gram. 
‘‘(9) MAJOR ACQUISITION PROGRAM.—The term 
‘major acquisition program’ means a Department 
acquisition program that is estimated by the Sec-
retary to require an eventual total expenditure of at 
least $300,000,000 (based on fiscal year 2015 con-
stant dollars) over its life cycle cost.’’. 
SEC. 5. PROHIBITION ON ADDITIONAL AUTHORIZATION OF 
APPROPRIATIONS. 
No additional funds are authorized to be appro-
priated to carry out this Act and the amendments made 
by this Act. This Act and such amendments shall be car-
ried out using amounts otherwise available for such pur-
poses. 
TITLE I—ACQUISITION 
AUTHORITIES 
SEC. 101. ACQUISITION AUTHORITIES FOR UNDER SEC-
RETARY FOR MANAGEMENT. 
Section 701 of the Homeland Security Act of 2002 
(6 U.S.C. 341) is amended— 
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(1) in subsection (a)(2), by striking ‘‘Procure-
ment’’ and inserting ‘‘Acquisition and procurement’’; 
and 
(2) by adding at the end the following: 
‘‘(d) ACQUISITION
AND
RELATED
RESPONSIBIL-
ITIES.— 
‘‘(1) IN
GENERAL.—Notwithstanding section 
1702(b) of title 41, United States Code, the Under 
Secretary for Management is the Chief Acquisition 
Officer of the Department. As Chief Acquisition Of-
ficer, the Under Secretary shall have the authority 
and perform the functions as specified in section 
1702(b) of such title, and perform all other func-
tions and responsibilities delegated by the Secretary 
or described in this subsection. 
‘‘(2) DUTIES AND RESPONSIBILITIES.—In addi-
tion to the authority and functions specified in sec-
tion 1702(b) of title 41, United States Code, the du-
ties and responsibilities of the Under Secretary for 
Management related to acquisition include the fol-
lowing: 
‘‘(A) Advising the Secretary regarding ac-
quisition management activities, taking into ac-
count risks of failure to achieve cost, schedule, 
or performance parameters, to ensure that the 
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Department achieves its mission through the 
adoption of widely accepted program manage-
ment best practices and standards. 
‘‘(B) Exercising the acquisition decision 
authority to approve, halt, modify (including 
the rescission of approvals of program mile-
stones), or cancel major acquisition programs, 
unless the Under Secretary delegates the au-
thority to a Component Acquisition Executive 
pursuant to paragraph (3). 
‘‘(C) Establishing policies for acquisition 
that implement an approach that takes into ac-
count risks of failure to achieve cost, schedule, 
or performance parameters that all Components 
of the Department shall comply with, including 
outlining relevant authorities for program man-
agers to effectively manage acquisition pro-
grams. 
‘‘(D) Ensuring that each major acquisition 
program has a Department-approved acquisi-
tion program baseline, pursuant to the Depart-
ment’s acquisition management policy. 
‘‘(E) Ensuring that the heads of Compo-
nents and Component Acquisition Executives 
comply with Federal law, the Federal Acquisi-
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tion Regulation, and Department acquisition 
management directives. 
‘‘(F) Ensuring that grants and financial 
assistance are provided only to individuals and 
organizations that are not suspended or 
debarred. 
‘‘(G) Distributing guidance throughout the 
Department to ensure that contractors involved 
in acquisitions, particularly companies that ac-
cess the Department’s information systems and 
technologies, adhere to internal cybersecurity 
policies established by the Department of 
Homeland Security. 
‘‘(3) DELEGATION
OF
ACQUISITION
DECISION 
AUTHORITY.— 
‘‘(A) LEVEL 3 ACQUISITIONS.—The Under 
Secretary for Management may delegate acqui-
sition decision authority in writing to the rel-
evant Component Acquisition Executive for an 
acquisition program that has a life cycle cost 
estimate of less than $300,000,000. 
‘‘(B) LEVEL 2 ACQUISITIONS.—The Under 
Secretary for Management may delegate acqui-
sition decision authority in writing to the rel-
evant Component Acquisition Executive for a 
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major acquisition program that has a life cycle 
cost estimate of at least $300,000,000 but not 
more than $1,000,000,000 if all of the following 
requirements are met: 
‘‘(i) The Component concerned pos-
sesses working policies, processes, and pro-
cedures that are consistent with Depart-
ment-level acquisition policy. 
‘‘(ii) The Component Acquisition Ex-
ecutive has adequate, experienced, dedi-
cated program management professional 
staff commensurate with the size of the 
delegated portfolio. 
‘‘(iii) Each major acquisition program 
concerned 
has 
written 
documentation 
showing that it has a Department-ap-
proved acquisition program baseline and it 
is meeting agreed-upon cost, schedule, and 
performance thresholds. 
‘‘(4) EXCLUDED
PARTIES
LIST
SYSTEM
CON-
SULTATION.—The Under Secretary for Management 
shall require that all Department contracting and 
procurement officials consult the Excluded Parties 
List System (or successor system) as maintained by 
the General Services Administration prior to award-
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ing a contract or grant or entering into other trans-
actions to ascertain whether the selected contractor 
is excluded from receiving Federal contracts, certain 
subcontracts, and certain types of Federal financial 
and non-financial assistance and benefits. 
‘‘(5) RELATIONSHIP
TO
UNDER
SECRETARY 
FOR SCIENCE AND TECHNOLOGY.—Nothing in this 
subsection shall diminish the authority granted to 
the Under Secretary for Science and Technology 
under this Act. The Under Secretary for Manage-
ment and the Under Secretary for Science and 
Technology shall cooperate in matters related to the 
coordination of acquisitions across the Department 
so that investments of the Directorate of Science 
and Technology can support current and future re-
quirements of the Components.’’. 
SEC. 102. ACQUISITION AUTHORITIES FOR CHIEF FINAN-
CIAL OFFICER. 
Section 702 of the Homeland Security Act of 2002 
(6 U.S.C. 342) is amended by adding at the end of sub-
section (b)(2) the following new subparagraph: 
‘‘(J) Notwithstanding section 902 of title 
31, United States Code, provide leadership over 
financial management policy and programs for 
the Department as they relate to the Depart-
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ment’s acquisitions programs, in consultation 
with the Under Secretary for Management.’’. 
SEC. 103. ACQUISITION AUTHORITIES FOR CHIEF INFORMA-
TION OFFICER. 
Section 703 of the Homeland Security Act of 2002 
(6 U.S.C. 343) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(c) 
ACQUISITION
RESPONSIBILITIES.—Notwith-
standing section 11315 of title 40, United States Code, 
the acquisition responsibilities of the Chief Information 
Officer, in consultation with the Under Secretary for Man-
agement, shall include the following: 
‘‘(1) Serve as the lead technical authority for 
information technology programs and establish de-
partmental information technology priorities, poli-
cies, processes, standards, guidelines, and proce-
dures. 
‘‘(2) Oversee the management of the Homeland 
Security Enterprise Architecture and ensure that, 
before each acquisition decision event, approved in-
formation technology acquisitions comply with de-
partmental information technology management 
processes, technical requirements, and the Homeland 
Security Enterprise Architecture, and in any case in 
which information technology acquisitions do not 
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comply with Departmental management directives, 
make recommendations to the Acquisition Review 
Board regarding such noncompliance. 
‘‘(3) Be responsible for providing recommenda-
tions to the Acquisition Review Board established in 
section 836 of this Act on information technology 
programs, and be responsible for developing infor-
mation technology acquisition strategic guidance.’’. 
SEC. 104. CHIEF PROCUREMENT OFFICER. 
(a) IN GENERAL.—Title VII of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 341 et seq.) is amended by 
adding at the end the following new section: 
‘‘SEC. 708. CHIEF PROCUREMENT OFFICER. 
‘‘(a) IN GENERAL.—There is a Chief Procurement 
Officer of the Department, who shall report directly to the 
Under Secretary for Management. The Chief Procurement 
Officer is the senior procurement executive for purposes 
of section 1702(c) of title 41, United States Code, and 
shall perform procurement functions as specified in such 
section. The Chief Procurement Officer also shall perform 
other functions and responsibilities set forth in this section 
and as may be assigned by the Under Secretary for Man-
agement. 
‘‘(b) RESPONSIBILITIES.—The Chief Procurement 
Officer shall— 
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‘‘(1) exercise leadership and authority to the ex-
tent delegated by the Under Secretary for Manage-
ment over the Department procurement function; 
‘‘(2) issue acquisition regulations and policies; 
‘‘(3) account for the integrity, performance, and 
oversight of Department procurement and con-
tracting functions and be responsible for ensuring 
that a procurement’s contracting strategy and plans 
are consistent with the intent and direction of the 
Acquisition Review Board established in section 836 
of this Act; 
‘‘(4) serve as the Department’s business advisor 
and main liaison to industry on procurement-related 
issues by providing advice on industry engagement, 
acquisition policy, oversight of the procurement 
function, and development of the acquisition work-
force; 
‘‘(5) oversee a centralized certification and 
training program, in consultation with the Under 
Secretary for Management, for the entire Depart-
ment acquisition workforce while using, to the great-
est extent practicable, best practices and acquisitions 
training opportunities already in existence within the 
Federal Government, the private sector, or univer-
sities and colleges, as appropriate, and including 
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training on how best to identify actions that warrant 
referrals for suspension or debarment; 
‘‘(6) delegate or retain contracting authority, as 
appropriate, except as provided in section 701(d)(3) 
of this Act; 
‘‘(7) participate in the selection, and periodic 
performance review, of the head of each contracting 
activity within the Department; 
‘‘(8) collect baseline data and establish perform-
ance measures on the impact of strategic sourcing 
initiatives on the private sector, including, in par-
ticular, small businesses; and 
‘‘(9) ensure that a fair proportion (as defined 
pursuant to the Small Business Act (15 U.S.C. 631 
et seq.)) of Federal contract and subcontract dollars 
are awarded to small businesses, maximize opportu-
nities for small business participation, and ensure, to 
the extent practicable, small businesses that achieve 
qualified vendor status for security-related tech-
nologies are provided an opportunity to compete for 
contracts for such technology.’’. 
(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 amended by adding after the item 
relating to section 707 the following new item: 
‘‘Sec. 708. Chief Procurement Officer.’’. 
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SEC. 105. REQUIREMENTS TO ENSURE GREATER ACCOUNT-
ABILITY FOR ACQUISITION PROGRAMS. 
(a) IN GENERAL.—Title VII of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 341 et seq.) is further amended 
by adding at the end the following new section: 
‘‘SEC. 709. REQUIREMENTS TO ENSURE GREATER AC-
COUNTABILITY 
FOR 
ACQUISITION 
PRO-
GRAMS. 
‘‘(a) REQUIREMENT TO ESTABLISH MECHANISM.— 
Within the Management Directorate, the Under Secretary 
for Management shall establish a mechanism to prioritize 
improving the accountability, standardization, and trans-
parency of major acquisition programs of the Department 
in order to increase opportunities for effectiveness and ef-
ficiencies and to serve as the central oversight function 
of all Department acquisition programs. 
‘‘(b) RESPONSIBILITIES
OF
EXECUTIVE
DIREC-
TOR.—The Under Secretary for Management shall des-
ignate an Executive Director to oversee the requirement 
under subsection (a). The Executive Director shall report 
directly to the Under Secretary and shall carry out the 
following responsibilities: 
‘‘(1) Monitor the performance of Department 
acquisition programs regularly between acquisition 
decision events to identify problems with cost, per-
formance, or schedule that Components may need to 
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address to prevent cost overruns, performance 
issues, or schedule delays. 
‘‘(2) Assist the Chief Acquisition Officer in 
managing the Department’s acquisition portfolio. 
‘‘(3) Conduct oversight of individual acquisition 
programs to implement Department acquisition pro-
gram policy, procedures, and guidance with a pri-
ority on ensuring the data it collects and maintains 
from its Components is accurate and reliable. 
‘‘(4) Serve as the focal point and coordinator 
for the acquisition life cycle review process and as 
the executive secretariat for the Acquisition Review 
Board established under section 836 of this Act. 
‘‘(5) Advise the persons having acquisition deci-
sion authority in making acquisition decisions con-
sistent with all applicable laws and in establishing 
clear lines of authority, accountability, and responsi-
bility for acquisition decisionmaking within the De-
partment. 
‘‘(6) Engage in the strategic planning and per-
formance evaluation process required under section 
306 of title 5, United States Code, and sections 
1105(a)(28), 1115, 1116, and 9703 of title 31, 
United States Code, by supporting the Chief Pro-
curement Officer in developing strategies and spe-
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cific plans for hiring, training, and professional de-
velopment in order to rectify any deficiency within 
the Department’s acquisition workforce. 
‘‘(7) Oversee the Component Acquisition Execu-
tive structure to ensure it has sufficient capabilities 
and complies with Department policies. 
‘‘(8) Develop standardized certification stand-
ards in consultation with the Component Acquisition 
Executives for all acquisition program managers. 
‘‘(9) In the event that a program manager’s 
certification or actions need review for purposes of 
promotion or removal, provide input, in consultation 
with the relevant Component Acquisition Executive, 
into the relevant program manager’s performance 
evaluation, and report positive or negative experi-
ences to the relevant certifying authority. 
‘‘(10) Provide technical support and assistance 
to Department acquisitions and acquisition per-
sonnel in conjunction with the Chief Procurement 
Officer. 
‘‘(11) Prepare the Department’s Comprehensive 
Acquisition Status Report, as required by the De-
partment of Homeland Security Appropriations Act, 
2013 (division D of Public Law 113–6; 127 Stat. 
343) and section 840 of this Act, and make such re-
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port available to congressional homeland security 
committees. 
‘‘(12) Prepare the Department’s Quarterly Pro-
gram Accountability Report as required by section 
840 of this Act, and make such report available to 
the congressional homeland security committees. 
‘‘(c) RESPONSIBILITIES
OF
COMPONENTS.—Each 
head of a Component shall comply with Federal law, the 
Federal Acquisition Regulation, and Department acquisi-
tion management directives established by the Under Sec-
retary for Management. For each major acquisition pro-
gram, each head of a Component shall— 
‘‘(1) establish a complete life cycle cost estimate 
with supporting documentation, including an acquisi-
tion program baseline; 
‘‘(2) verify each life cycle cost estimate against 
independent cost estimates, and reconcile any dif-
ferences; 
‘‘(3) complete a cost-benefit analysis with sup-
porting documentation; 
‘‘(4) develop and maintain a schedule that is 
consistent with scheduling best practices as identi-
fied by the Comptroller General of the United 
States, including, in appropriate cases, an integrated 
master schedule; and 
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‘‘(5) ensure that all acquisition program infor-
mation provided by the Component is complete, ac-
curate, timely, and valid.’’. 
(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 708 the following new item: 
‘‘Sec. 709. Requirements to ensure greater accountability for acquisition pro-
grams.’’. 
TITLE 
II—ACQUISITION 
PRO-
GRAM 
MANAGEMENT 
DIS-
CIPLINE 
SEC. 201. ACQUISITION REVIEW BOARD. 
(a) IN GENERAL.—Subtitle D of title VIII of the 
Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) 
is amended by adding at the end the following new section: 
‘‘SEC. 836. ACQUISITION REVIEW BOARD. 
‘‘(a) IN GENERAL.—The Secretary shall establish an 
Acquisition Review Board (in this section referred to as 
the ‘Board’) to strengthen accountability and uniformity 
within the Department acquisition review process, review 
major acquisition programs, and review the use of best 
practices. 
‘‘(b) COMPOSITION.—The Deputy Secretary or Under 
Secretary for Management shall serve as chair of the 
Board. The Secretary shall also ensure participation by 
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other relevant Department officials, including at least 2 
Component heads or their designees, as permanent mem-
bers of the Board. 
‘‘(c) MEETINGS.—The Board shall meet every time 
a major acquisition program needs authorization to pro-
ceed from acquisition decision events through the acquisi-
tion life cycle and to consider any major acquisition pro-
gram in breach as necessary. The Board may also be con-
vened for non-major acquisitions that are deemed high- 
risk by the Executive Director referred to in section 
709(b) of this Act. The Board shall also meet regularly 
for purposes of ensuring all acquisitions processes proceed 
in a timely fashion to achieve mission readiness. 
‘‘(d) RESPONSIBILITIES.—The responsibilities of the 
Board are as follows: 
‘‘(1) Determine whether a proposed acquisition 
has met the requirements of key phases of the acqui-
sition life cycle framework and is able to proceed to 
the next phase and eventual full production and de-
ployment. 
‘‘(2) Oversee executable business strategy, re-
sources, management, accountability, and alignment 
to strategic initiatives. 
‘‘(3) Support the person with acquisition deci-
sion authority for an acquisition in determining the 
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appropriate direction for the acquisition at key ac-
quisition decision events. 
‘‘(4) Conduct systematic reviews of acquisitions 
to ensure that they are progressing in compliance 
with the approved documents for their current acqui-
sition phase. 
‘‘(5) Review the acquisition documents of each 
major acquisition program, including the acquisition 
program baseline, to ensure the reliability of under-
lying data. 
‘‘(6) Ensure that practices are adopted and im-
plemented to require consideration of trade-offs 
among cost, schedule, and performance objectives as 
part of the process for developing requirements for 
major acquisition programs prior to the initiation of 
the second acquisition decision event, including, at a 
minimum, the following practices: 
‘‘(A) Department officials responsible for 
acquisition, budget, and cost estimating func-
tions are provided with the appropriate oppor-
tunity to develop estimates and raise cost and 
schedule matters before performance objectives 
are established for capabilities when feasible. 
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‘‘(B) Full consideration of possible trade- 
offs among cost, schedule, and performance ob-
jectives for each alternative is considered. 
‘‘(e) ACQUISITION PROGRAM BASELINE REPORT RE-
QUIREMENT.—If the person exercising acquisition decision 
authority over a major acquisition program approves the 
program to proceed into the planning phase before it has 
a Department-approved acquisition program baseline, 
then the Under Secretary for Management shall create 
and approve an acquisition program baseline report on the 
decision, and the Secretary shall— 
‘‘(1) within 7 days after an acquisition decision 
memorandum is signed, notify in writing the con-
gressional homeland security committees of such de-
cision; and 
‘‘(2) within 60 days after the acquisition deci-
sion memorandum is signed, submit a report to such 
committees stating the rationale for the decision and 
a plan of action to require an acquisition program 
baseline for the program. 
‘‘(f) BEST PRACTICES DEFINED.—In this section, 
the term ‘best practices’ has the meaning provided in sec-
tion 4(b) of the DHS Acquisition Accountability and Effi-
ciency Act.’’. 
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(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 835 the following new item: 
‘‘Sec. 836. Acquisition Review Board.’’. 
SEC. 202. REQUIREMENTS TO REDUCE DUPLICATION IN AC-
QUISITION PROGRAMS. 
(a) IN GENERAL.—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. 837. REQUIREMENTS TO REDUCE DUPLICATION IN 
ACQUISITION PROGRAMS. 
‘‘(a) REQUIREMENT TO ESTABLISH POLICIES.—In 
an effort to reduce duplication and inefficiency for all De-
partment investments, including major acquisition pro-
grams, the Deputy Secretary, in consultation with the 
Under Secretary for Management, shall establish Depart-
ment-wide policies to integrate all phases of the invest-
ment life cycle and help the Department identify, validate, 
and prioritize standards for common Component require-
ments for major acquisition program requirements in 
order to increase opportunities for effectiveness and effi-
ciencies. The policies shall also include strategic alter-
natives for developing and facilitating a Department Com-
ponent-driven requirements process that includes over-
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sight of a development test and evaluation capability; iden-
tification of priority gaps and overlaps in Department ca-
pability needs; and provision of feasible technical alter-
natives, including innovative commercially available alter-
natives, to meet capability needs. 
‘‘(b) MECHANISMS TO CARRY OUT REQUIREMENT.— 
The Under Secretary for Management shall coordinate the 
actions necessary to carry out subsection (a), using such 
mechanisms as considered necessary by the Secretary to 
help the Department reduce duplication and inefficiency 
for all Department investments, including major acquisi-
tion programs. 
‘‘(c) COORDINATION.—In coordinating the actions 
necessary to carry out subsection (a), the Deputy Sec-
retary shall consult with the Under Secretary for Manage-
ment, Component Acquisition Executives, and any other 
Department officials, including the Under Secretary for 
Science and Technology or his designee, with specific 
knowledge of Department or Component acquisition capa-
bilities to prevent unnecessary duplication of require-
ments. 
‘‘(d) ADVISORS.—The Deputy Secretary, in consulta-
tion with the Under Secretary for Management, shall seek 
and consider input within legal and ethical boundaries 
from members of Federal, State, local, and tribal govern-
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ments, nonprofit organizations, and the private sector, as 
appropriate, on matters within their authority and exper-
tise in carrying out the Department’s mission. 
‘‘(e) MEETINGS.—The Deputy Secretary, in consulta-
tion with the Under Secretary for Management, shall meet 
at least quarterly and communicate with Components 
often to ensure that Components do not overlap or dupli-
cate spending or priorities on major investments and ac-
quisition programs within their areas of responsibility. 
‘‘(f) RESPONSIBILITIES.—In carrying out this sec-
tion, the responsibilities of the Deputy Secretary, in con-
sultation with the Under Secretary for Management, are 
as follows: 
‘‘(1) To review and validate the requirements 
documents of major investments and acquisition pro-
grams prior to acquisition decision events of the in-
vestments or programs. 
‘‘(2) To ensure the requirements and scope of 
a major investment or acquisition program are sta-
ble, measurable, achievable, at an acceptable risk 
level, and match the resources planned to be avail-
able. 
‘‘(3) Before any entity of the Department 
issues a solicitation for a new contract, coordinate 
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with other Department entities as appropriate to 
prevent duplication and inefficiency and— 
‘‘(A) to implement portfolio reviews to 
identify common mission requirements and 
crosscutting opportunities among Components 
to harmonize investments and requirements and 
prevent overlap and duplication among Compo-
nents; and 
‘‘(B) to the extent practicable, to stand-
ardize equipment purchases, streamline the ac-
quisition process, improve efficiencies, and con-
duct best practices for strategic sourcing. 
‘‘(4) To ensure program managers of major in-
vestments and acquisition programs conduct anal-
yses, giving particular attention to factors such as 
cost, schedule, risk, performance, and operational ef-
ficiency in order to determine that programs work as 
intended within cost and budget expectations. 
‘‘(5) To propose schedules for delivery of the 
operational capability needed to meet each Depart-
ment investment and major acquisition program. 
‘‘(g) BEST PRACTICES DEFINED.—In this section, 
the term ‘best practices’ has the meaning provided in sec-
tion 4(b) of the DHS Acquisition Accountability and Effi-
ciency Act.’’. 
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(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 836 the following new item: 
‘‘Sec. 837. Requirements to reduce duplication in acquisition programs.’’. 
SEC. 203. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW 
OF BOARD AND OF REQUIREMENTS TO RE-
DUCE DUPLICATION IN ACQUISITION PRO-
GRAMS. 
(a) REVIEW REQUIRED.—The Comptroller General 
of the United States shall conduct a review of the effec-
tiveness of the Acquisition Review Board established 
under section 836 of the Homeland Security Act of 2002 
(as added by section 201) and the requirements to reduce 
duplication in acquisition programs established under sec-
tion 837 of such Act (as added by section 202) in improv-
ing the Department’s acquisition management process. 
(b) SCOPE OF REPORT.—The review shall include the 
following: 
(1) An assessment of the effectiveness of the 
Department in increasing program management 
oversight, best practices and standards, and dis-
cipline among the Components of the Department, 
including in working together and in preventing 
overlap and duplication. 
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(2) An assessment of the effectiveness of the 
Department in instilling program management dis-
cipline. 
(3) A statement of how regularly each major 
acquisition program is reviewed by the Board, how 
often the Board stops major acquisition programs 
from moving forward in the phases of the acquisition 
life cycle process, and the number of major acquisi-
tion programs that have been halted because of 
problems with operational effectiveness, schedule 
delays, or cost overruns. 
(c) REPORT REQUIRED.—The Comptroller General 
shall submit to the congressional homeland security com-
mittees a report on the review required by this section not 
later than 1 year after the date of the enactment of this 
Act. The report shall be submitted in unclassified form 
but may include a classified annex. 
SEC. 204. EXCLUDED PARTY LIST SYSTEM WAIVERS. 
The Secretary of Homeland Security shall provide no-
tification to the congressional homeland security commit-
tees within 5 days after the issuance of a waiver by the 
Secretary of Federal requirements that an agency not en-
gage in business with a contractor in the Excluded Party 
List System (or successor system) as maintained by the 
General Services Administration and an explanation for 
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a finding by the Secretary that a compelling reason exists 
for this action. 
SEC. 205. INSPECTOR GENERAL OVERSIGHT OF SUSPEN-
SION AND DEBARMENT. 
The Inspector General of the Department of Home-
land Security— 
(1) may audit decisions about grant and pro-
curement awards to identify instances where a con-
tract or grant was improperly awarded to a sus-
pended or debarred entity and whether corrective ac-
tions were taken to prevent recurrence; and 
(2) shall review the suspension and debarment 
program throughout the Department of Homeland 
Security to assess whether suspension and debar-
ment criteria are consistently applied throughout the 
Department and whether disparities exist in the ap-
plication of such criteria, particularly with respect to 
business size and categories. 
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TITLE 
III—ACQUISITION 
PRO-
GRAM 
MANAGEMENT 
AC-
COUNTABILITY AND TRANS-
PARENCY 
SEC. 301. CONGRESSIONAL NOTIFICATION AND OTHER RE-
QUIREMENTS FOR MAJOR ACQUISITION PRO-
GRAM BREACH. 
(a) IN GENERAL.—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. 838. CONGRESSIONAL NOTIFICATION AND OTHER RE-
QUIREMENTS FOR MAJOR ACQUISITION PRO-
GRAM BREACH. 
‘‘(a) BREACH DEFINED.—The term ‘breach’, with re-
spect to a major acquisition program, means a failure to 
meet any cost, schedule, or performance parameter speci-
fied in the acquisition program baseline. 
‘‘(b) REQUIREMENTS
WITHIN
DEPARTMENT
IF 
BREACH OCCURS.— 
‘‘(1) NOTIFICATIONS.— 
‘‘(A) NOTIFICATION
OF
BREACH.—If a 
breach occurs in a major acquisition program, 
the program manager for that program shall 
notify the head of the Component concerned, 
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the Component Acquisition Executive for the 
program, the Executive Director referred to in 
section 709(b) of this Act, the Under Secretary 
for Management, and the Deputy Secretary. 
‘‘(B) NOTIFICATION TO SECRETARY.—If a 
major acquisition program has a breach 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 for the program, the Sec-
retary and the Inspector General of the Depart-
ment shall be notified not later than 5 business 
days after the breach is identified. 
‘‘(2) REMEDIATION
PLAN
AND
ROOT
CAUSE 
ANALYSIS.— 
‘‘(A) IN
GENERAL.—In the case of a 
breach with a cost overrun greater than 15 per-
cent or a schedule delay greater than 180 days 
from the costs or schedule set forth in the ac-
quisition program baseline, a remediation plan 
and root cause analysis is required, and the 
Under Secretary for Management or his des-
ignee shall establish a date for submission with-
in the Department of a breach remediation plan 
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and root cause analysis in accordance with this 
subsection. 
‘‘(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 re-
ferred 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 
program if no changes are made to current 
requirements, the estimated cost of the 
program if requirements are modified, and 
the extent to which funding from other 
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programs 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 perform-
ance 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. 
‘‘(v) Changes in procurement quan-
tities. 
‘‘(vi) Inadequate program funding or 
changes in planned out-year funding from 
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1 5-year funding plan to the next 5-year 
funding plan as outlined in the Future 
Years Homeland Security Program re-
quired 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 
Secretary for Management or his designee shall es-
tablish a date for submission within the Department 
of a program of corrective action that ensures that 
1 of the following actions has occurred: 
‘‘(A) The breach has been corrected and 
the program is again in compliance with the 
original acquisition program baseline param-
eters. 
‘‘(B) A revised acquisition program base-
line has been approved. 
‘‘(C) The program has been halted or can-
celled. 
‘‘(c) REQUIREMENTS RELATING TO CONGRESSIONAL 
NOTIFICATION IF BREACH OCCURS.— 
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‘‘(1) NOTIFICATION TO CONGRESS.—If a notifi-
cation 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 
anticipated failure for any key performance thresh-
old or parameter specified in the acquisition pro-
gram baseline, the Under Secretary for Management 
shall notify the congressional homeland security 
committees of the breach in the next quarterly Com-
prehensive Acquisition Status Report after the 
Under Secretary for Management receives the notifi-
cation from the program 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 
acquisition program baseline for a major acquisition 
program, the Under Secretary for Management shall 
include in the notification required in (c)(1) a writ-
ten certification, with supporting explanation, that— 
‘‘(A) the acquisition is essential to the ac-
complishment of the Department’s mission; 
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‘‘(B) there are no alternatives to such ca-
pability or asset that will provide equal or 
greater capability in both a more cost-effective 
and timely 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 subsection (b)(3) for the program, with a 
justification for the action or actions. 
‘‘(d) ADDITIONAL ACTIONS IF BREACH OCCURS.— 
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‘‘(1) 
PROHIBITION
ON
OBLIGATION
OF 
FUNDS.—During the 90-day period following sub-
mission under subsection (c)(3) of a remediation 
plan, root cause analysis, and statement of corrective 
actions with respect to a major acquisition program, 
the Under Secretary for Management shall submit a 
certification described in paragraph (2) of this sub-
section to the congressional homeland security com-
mittees. 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 program shall not be obligated until the 
Under Secretary for Management submits such cer-
tification. 
‘‘(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 
thorough review of the breached program’s ac-
quisition decision event approvals and the cur-
rent acquisition decision event approval for the 
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breached program has been adjusted as nec-
essary to account for the restructured pro-
gram.’’. 
(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 1 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 ac-
quisitions of the Department while allowing flexibility to 
deal with ever-changing threats and risks and to help in-
dustry better understand, plan, and align resources to 
meet the future acquisition needs of the Department. The 
strategy shall be updated and included in each Future 
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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, 
employees 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 
include the following: 
‘‘(1) PRIORITIZED LIST.—A systematic and in-
tegrated prioritized list developed by the Under Sec-
retary for Management or his designee in coordina-
tion with all of the Component Acquisition Execu-
tives of Department major acquisition programs that 
Department 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 meas-
ured. 
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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, budg-
et, schedule, and acquire upgrades of its systems 
and equipment and plan for the acquisition and 
management of future systems and equipment. 
‘‘(3) FUNDING GAPS.—A plan to address fund-
ing gaps between funding requirements for major ac-
quisition programs and known available resources in-
cluding, 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 ex-
tent possible the emerging technology trends and re-
search and development trends within the public and 
private sectors and an identification of ways to en-
sure that the appropriate technology is acquired and 
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integrated into the Department’s operating doctrine 
and procured in ways that improve mission perform-
ance. 
‘‘(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
TAX-
PAYER DOLLARS.—An assessment of ways the De-
partment can develop incentives for program man-
agers and senior Department acquisition officials to 
prevent cost overruns, avoid schedule delays, and 
achieve cost savings 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 sec-
tion 4(b) of the DHS Acquisition Accountability and 
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Efficiency Act and lessons learned by the Depart-
ment 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 
technologies, products, and innovation that is avail-
able to meet its mission needs to inform the require-
ments-setting process and before engaging in an ac-
quisition, 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 misinter-
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pretation of acquisition regulations and to per-
mit freedom within legal and ethical boundaries 
for program managers to interact with such 
businesses 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 es-
tablish an acquisition workforce development fund as 
described in subsection (g). 
‘‘(e) COMPETITION PLAN.—The strategy shall also 
include a plan (referred to in subsection (d)(9)) that shall 
address actions to ensure competition, or the option of 
competition, for major acquisition programs. The plan 
may include assessments of the following measures in ap-
propriate 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 en-
able competition for upgrades. 
‘‘(6) Acquisition of complete technical data 
packages. 
‘‘(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 work-
force accountability and talent management that 
identifies the acquisition workforce needs of each 
Component performing acquisition functions and de-
velops options for filling those needs with qualified 
individuals, including a cost-benefit analysis of con-
tracting for acquisition assistance. 
‘‘(2) ADDITIONAL
MATTERS
COVERED.—The 
acquisition workforce plan shall address ways to— 
‘‘(A) improve the recruitment, hiring, 
training, and retention of Department acquisi-
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tion workforce personnel, including contracting 
officer’s representatives, in order to retain high-
ly 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 Depart-
ment 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 
Department. 
‘‘(g) FEASIBILITY OF WORKFORCE DEVELOPMENT 
FUND PILOT PROGRAM.—The strategy shall also include 
an assessment (referred to in subsection (d)(11)) of the 
feasibility of conducting a pilot program to establish a 
Homeland Security Acquisition Workforce Development 
Fund (in this subsection referred to as the ‘Fund’) to en-
sure the Department acquisition workforce has the capac-
ity, in both personnel and skills, needed to properly per-
form its mission and ensure that the Department receives 
the best value for the expenditure of public resources. The 
assessment shall address the following: 
‘‘(1) Ways to fund the Fund, including the use 
of direct appropriations, or the credit, transfer, or 
deposit 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 acquisi-
tion workforce and program managers for good pro-
gram management in controlling cost growth, lim-
iting schedule delays, and ensuring operational effec-
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tiveness through providing a percentage of the sav-
ings or general acquisition bonuses. 
‘‘(3) Guidance for the administration of the 
Fund that includes provisions to do the following: 
‘‘(A) Describe the costs and benefits asso-
ciated with the use of direct appropriations or 
credit, transfer, or deposit of unobligated or un-
used funds to finance the Fund. 
‘‘(B) Describe the manner and timing for 
applications for amounts in the Fund to be sub-
mitted. 
‘‘(C) Explain the evaluation criteria to be 
used for approving or prioritizing applications 
for amounts in the Fund in any fiscal year. 
‘‘(D) Explain the mechanism to report to 
Congress on the implementation of the Fund on 
an ongoing basis. 
‘‘(E) 
Detail 
measurable 
performance 
metrics to determine if the Fund is meeting the 
objective to improve the acquisition workforce 
and to achieve cost savings in acquisition man-
agement.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents in section 1(b) of the Homeland Security Act 
of 2002 (6 U.S.C. 101 et seq.) is further amended 
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