HR 3572 RFS 
‘‘(b) COMPOSITION.—The Deputy Secretary or Under 
Secretary for Management shall serve as chair of the 
Board. The Secretary shall also ensure participation by 
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 
710(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. 
VerDate Sep 11 2014 
22:39 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00094
Fmt 6652
Sfmt 6201
E:\BILLS\H3572.RFS
H3572
srobinson on DSK5SPTVN1PROD with BILLS
HR 3572 RFS 
‘‘(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 
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 and documentation reflecting con-
sideration of tradeoffs among cost, schedule, and 
performance objectives, to ensure the reliability of 
underlying 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: 
VerDate Sep 11 2014 
22:39 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00095
Fmt 6652
Sfmt 6201
E:\BILLS\H3572.RFS
H3572
srobinson on DSK5SPTVN1PROD with BILLS
HR 3572 RFS 
‘‘(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. 
‘‘(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 
VerDate Sep 11 2014 
22:39 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00096
Fmt 6652
Sfmt 6201
E:\BILLS\H3572.RFS
H3572
srobinson on DSK5SPTVN1PROD with BILLS
HR 3572 RFS 
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 Headquarters Reform and Improve-
ment Act of 2015.’’. 
(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. 222. 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 unnecessary duplication and ineffi-
ciency for all Department investments, including major ac-
quisition programs, the Deputy Secretary, in consultation 
with the Under Secretary for Management, shall establish 
Department-wide policies to integrate all phases of the in-
vestment life cycle and help the Department identify, vali-
VerDate Sep 11 2014 
22:39 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00097
Fmt 6652
Sfmt 6201
E:\BILLS\H3572.RFS
H3572
srobinson on DSK5SPTVN1PROD with BILLS
HR 3572 RFS 
date, and prioritize common component requirements for 
major acquisition programs in order to increase opportuni-
ties for effectiveness and efficiencies. The policies shall 
also include strategic alternatives for developing and facili-
tating a Department component-driven requirements proc-
ess that includes oversight of a development test and eval-
uation capability; identification of priority gaps and over-
laps in Department capability needs; and provision of fea-
sible technical alternatives, including innovative commer-
cially available alternatives, 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 unnecessary duplication and 
inefficiency for all Department investments, including 
major acquisition 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-
VerDate Sep 11 2014 
22:39 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00098
Fmt 6652
Sfmt 6201
E:\BILLS\H3572.RFS
H3572
srobinson on DSK5SPTVN1PROD with BILLS
HR 3572 RFS 
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-
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 duplicate 
spending or activities on major investments and acquisi-
tion 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-
VerDate Sep 11 2014 
22:39 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00099
Fmt 6652
Sfmt 6201
E:\BILLS\H3572.RFS
H3572
srobinson on DSK5SPTVN1PROD with BILLS
100 
HR 3572 RFS 
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 
with other Department entities as appropriate to 
prevent unnecessary 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 unnecessary overlap and duplication 
among components; 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. 
VerDate Sep 11 2014 
22:39 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00100
Fmt 6652
Sfmt 6201
E:\BILLS\H3572.RFS
H3572
srobinson on DSK5SPTVN1PROD with BILLS
101 
HR 3572 RFS 
‘‘(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 Headquarters Reform and Improve-
ment Act of 2015.’’. 
(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. 223. 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 221) and the requirements to reduce 
unnecessary duplication in acquisition programs estab-
lished under section 837 of such Act (as added by section 
222) in improving the Department’s acquisition manage-
ment process. 
VerDate Sep 11 2014 
22:39 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00101
Fmt 6652
Sfmt 6201
E:\BILLS\H3572.RFS
H3572
srobinson on DSK5SPTVN1PROD with BILLS
102 
HR 3572 RFS 
(b) SCOPE OF REPORT.—The review shall include the 
following: 
(1) An assessment of the effectiveness of the 
Board in increasing program management oversight, 
best practices and standards, and discipline among 
the components of the Department, including in 
working together and in preventing overlap and un-
necessary duplication. 
(2) An assessment of the effectiveness of the 
Board in instilling program management discipline. 
(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. 
(4) An assessment of the effectiveness of the 
Board in impacting acquisition decisionmaking with-
in the Department, including the degree to which 
the Board impacts decisionmaking within other 
headquarters mechanisms and bodies involved in the 
administration of acquisition activities. 
VerDate Sep 11 2014 
22:39 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00102
Fmt 6652
Sfmt 6201
E:\BILLS\H3572.RFS
H3572
srobinson on DSK5SPTVN1PROD with BILLS
103 
HR 3572 RFS 
(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. 224. 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 
a finding by the Secretary that a compelling reason exists 
for this action. 
SEC. 225. 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 
VerDate Sep 11 2014 
22:39 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00103
Fmt 6652
Sfmt 6201
E:\BILLS\H3572.RFS
H3572
srobinson on DSK5SPTVN1PROD with BILLS
104 
HR 3572 RFS 
(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. 
Subtitle C—Acquisition Program 
Management Accountability and 
Transparency 
SEC. 231. 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. 
VerDate Sep 11 2014 
22:39 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00104
Fmt 6652
Sfmt 6201
E:\BILLS\H3572.RFS
H3572
srobinson on DSK5SPTVN1PROD with BILLS
105 
HR 3572 RFS 
‘‘(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 Component Acquisition Executive for 
the program, the head of the component con-
cerned, the Executive Director referred to in 
section 710(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 
VerDate Sep 11 2014 
22:39 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00105
Fmt 6652
Sfmt 6201
E:\BILLS\H3572.RFS
H3572
srobinson on DSK5SPTVN1PROD with BILLS
106 
HR 3572 RFS 
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 
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 710(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 
VerDate Sep 11 2014 
22:39 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00106
Fmt 6652
Sfmt 6201
E:\BILLS\H3572.RFS
H3572
srobinson on DSK5SPTVN1PROD with BILLS
107 
HR 3572 RFS 
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 
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-
VerDate Sep 11 2014 
22:39 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00107
Fmt 6652
Sfmt 6201
E:\BILLS\H3572.RFS
H3572
srobinson on DSK5SPTVN1PROD with BILLS
108 
HR 3572 RFS 
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 
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. 
VerDate Sep 11 2014 
22:39 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00108
Fmt 6652
Sfmt 6201
E:\BILLS\H3572.RFS
H3572
srobinson on DSK5SPTVN1PROD with BILLS
109 
HR 3572 RFS 
‘‘(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.— 
‘‘(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 
VerDate Sep 11 2014 
22:39 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00109
Fmt 6652
Sfmt 6201
E:\BILLS\H3572.RFS
H3572
srobinson on DSK5SPTVN1PROD with BILLS
110 
HR 3572 RFS 
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; 
‘‘(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. 
VerDate Sep 11 2014 
22:39 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00110
Fmt 6652
Sfmt 6201
E:\BILLS\H3572.RFS
H3572
srobinson on DSK5SPTVN1PROD with BILLS
111 
HR 3572 RFS 
‘‘(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.— 
‘‘(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-
VerDate Sep 11 2014 
22:39 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00111
Fmt 6652
Sfmt 6201
E:\BILLS\H3572.RFS
H3572
srobinson on DSK5SPTVN1PROD with BILLS
112 
HR 3572 RFS 
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 
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. 232. 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-
VerDate Sep 11 2014 
22:39 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00112
Fmt 6652
Sfmt 6201
E:\BILLS\H3572.RFS
H3572
srobinson on DSK5SPTVN1PROD with BILLS
113 
HR 3572 RFS 
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 
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 
VerDate Sep 11 2014 
22:39 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00113
Fmt 6652
Sfmt 6201
E:\BILLS\H3572.RFS
H3572
srobinson on DSK5SPTVN1PROD with BILLS
114 
HR 3572 RFS 
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. 
‘‘(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 
VerDate Sep 11 2014 
22:39 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00114
Fmt 6652
Sfmt 6201
E:\BILLS\H3572.RFS
H3572
srobinson on DSK5SPTVN1PROD with BILLS
115 
HR 3572 RFS 
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 
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 
VerDate Sep 11 2014 
22:39 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00115
Fmt 6652
Sfmt 6201
E:\BILLS\H3572.RFS
H3572
srobinson on DSK5SPTVN1PROD with BILLS
116 
HR 3572 RFS 
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 Headquarters Reform and Im-
provement Act of 2015 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 
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, 
VerDate Sep 11 2014 
22:39 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00116
Fmt 6652
Sfmt 6201
E:\BILLS\H3572.RFS
H3572
srobinson on DSK5SPTVN1PROD with BILLS
117 
HR 3572 RFS 
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-
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 
VerDate Sep 11 2014 
22:39 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00117
Fmt 6652
Sfmt 6201
E:\BILLS\H3572.RFS
H3572
srobinson on DSK5SPTVN1PROD with BILLS
118 
HR 3572 RFS 
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. 
‘‘(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-
VerDate Sep 11 2014 
22:39 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00118
Fmt 6652
Sfmt 6201
E:\BILLS\H3572.RFS
H3572
srobinson on DSK5SPTVN1PROD with BILLS
119 
HR 3572 RFS 
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-
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; 
VerDate Sep 11 2014 
22:39 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00119
Fmt 6652
Sfmt 6201
E:\BILLS\H3572.RFS
H3572
srobinson on DSK5SPTVN1PROD with BILLS
120 
HR 3572 RFS 
‘‘(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; 
‘‘(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 
VerDate Sep 11 2014 
22:39 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00120
Fmt 6652
Sfmt 6201
E:\BILLS\H3572.RFS
H3572
srobinson on DSK5SPTVN1PROD with BILLS
121 
HR 3572 RFS 
‘‘(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 
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, 
VerDate Sep 11 2014 
22:39 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00121
Fmt 6652
Sfmt 6201
E:\BILLS\H3572.RFS
H3572
srobinson on DSK5SPTVN1PROD with BILLS