IIB 
113TH CONGRESS 
2D SESSION 
H. R. 4228 
IN THE SENATE OF THE UNITED STATES 
JUNE 10, 2014 
Received; read twice and referred to the Committee on Homeland Security and 
Governmental Affairs 
AN ACT 
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, 
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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. 
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-
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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-
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 
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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 
$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. 
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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