title I of division D of the Consolidated Appropria-
tions Act, 2016, (Public Law 114–113) following re-
ceipt by the Under Secretary of notification under 
such subsection. 
‘‘(2) SIGNIFICANT
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 specified in the 
acquisition program baseline for a major acquisition 
program, the Under Secretary for Management shall 
include in the notification required in paragraph (1) 
a written certification, with supporting explanation, 
that— 
‘‘(A) such program is essential to the ac-
complishment of the Department’s mission; 
‘‘(B) there are no alternatives to the capa-
bility or asset provided by such program 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 such 
program is adequate to manage and control 
cost, schedule, and performance.
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) ACQUISITION.—The term ‘acquisition’ has 
the meaning given such term in section 131 of title 
41, United States Code. 
‘‘(2) ACQUISITION PROGRAM.—The term ‘acqui-
sition program’ means the process by which the De-
partment acquires, with any appropriated amounts, 
by contract for purchase or lease, property or serv-
ices (including construction) that support the mis-
sions and goals of the Department. 
‘‘(3) 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 such program. 
‘‘(4) BEST PRACTICES.—The term ‘best prac-
tices’, with respect to acquisition, means a knowl-
edge-based approach to capability development that 
includes— 
‘‘(A) identifying and validating needs; 
‘‘(B) assessing alternatives to select the 
most appropriate solution;
‘‘(C) clearly establishing well-defined re-
quirements; 
‘‘(D) developing realistic cost assessments 
and schedules; 
‘‘(E) securing stable funding that matches 
resources to requirements; 
‘‘(F) demonstrating technology, design, 
and manufacturing maturity; 
‘‘(G) using milestones and exit criteria or 
specific 
accomplishments 
that 
demonstrate 
progress; 
‘‘(H) adopting and executing standardized 
processes with known success across programs; 
‘‘(I) establishing an adequate workforce 
that is qualified and sufficient to perform nec-
essary functions; and 
‘‘(J) integrating the capabilities described 
in subparagraphs (A) through (I) into the De-
partment’s mission and business operations. 
‘‘(5) BREACH.—The term ‘breach’, with respect 
to a major acquisition program, means a failure to 
meet any cost, schedule, or performance threshold 
specified in the most recently approved acquisition 
program baseline.
‘‘(6) 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. 
‘‘(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 component 
head, with authority and responsibility for leading a 
process and staff to provide acquisition and program 
management oversight, policy, and guidance to en-
sure that statutory, regulatory, and higher level pol-
icy requirements are fulfilled, including compliance 
with Federal law, the Federal Acquisition Regula-
tion, and Department acquisition management direc-
tives established by the Under Secretary for Man-
agement.
‘‘(8) 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 2017 con-
stant dollars) over its life cycle cost.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
amended by inserting after the item relating to section 
835 the following new item: 
‘‘Sec. 836. Congressional notification and other requirements for major acquisi-
tion program breach.’’. 
Passed the House of Representatives March 20, 
2017. 
Attest: 
Clerk.
115TH CONGRESS 
1ST SESSION 
H. R. 1294 
AN ACT 
To amend the Homeland Security Act of 2002 to 
provide for congressional notification regarding 
major acquisition program breaches, and for 
other purposes.