‘‘(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-
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-
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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 
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-
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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.’’. 
(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-
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lished under section 837 of such Act (as added by section 
222) in improving the Department’s acquisition manage-
ment process. 
(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 decision making within other 
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headquarters mechanisms and bodies involved in the 
administration of acquisition activities. 
(c) REPORT REQUIRED.—Not later than one year 
after the date of the enactment of this Act, the Comp-
troller General shall submit to the congressional homeland 
security committees a report on the review required by this 
section. The report shall be submitted in unclassified form 
but may include a classified annex. 
SEC. 224. EXCLUDED PARTY LIST SYSTEM WAIVERS. 
Not later than five days after the issuance of a waiver 
by the Secretary of Homeland Security of Federal require-
ments that an agency not engage in business with a con-
tractor in the Excluded Party List System (or successor 
system) as maintained by the General Services Adminis-
tration, the Secretary shall submit to Congress notice of 
such waiver and an explanation for a finding by the Sec-
retary that a compelling reason exists for issuing such 
waiver. 
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-
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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. 
Subtitle C—Acquisition Program 
Management Accountability and 
Transparency 
SEC. 231. CONGRESSIONAL NOTIFICATION FOR MAJOR 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. 838. CONGRESSIONAL NOTIFICATION AND OTHER RE-
QUIREMENTS FOR MAJOR ACQUISITION PRO-
GRAM BREACH. 
‘‘(a) REQUIREMENTS
WITHIN
DEPARTMENT
IN 
EVENT OF BREACH.— 
‘‘(1) NOTIFICATIONS.— 
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‘‘(A) NOTIFICATION
OF
BREACH.—If a 
breach occurs in a major acquisition program, 
the program manager for such program shall 
notify the Component Acquisition Executive for 
such program, the head of the component con-
cerned, the Executive Director of the Program 
Accountability and Risk Management division, 
the Under Secretary for Management, and the 
Deputy Secretary not later than 30 calendar 
days after such breach is identified. 
‘‘(B) NOTIFICATION TO SECRETARY.—If a 
breach occurs in a major acquisition program 
and such breach results in a cost overrun great-
er than 15 percent, a schedule delay greater 
than 180 days, or a failure to meet any of the 
performance thresholds from the cost, schedule, 
or performance parameters specified in the 
most recently approved acquisition program 
baseline for such program, the Component Ac-
quisition Executive for such program shall no-
tify the Secretary and the Inspector General of 
the Department not later than five business 
days after the Component Acquisition Executive 
for such program, the head of the component 
concerned, the Executive Director of the Pro-
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gram Accountability and Risk Management Di-
vision, the Under Secretary for Management, 
and the Deputy Secretary are notified of the 
breach pursuant to subparagraph (A). 
‘‘(2) REMEDIATION
PLAN
AND
ROOT
CAUSE 
ANALYSIS.— 
‘‘(A) IN GENERAL.—If a breach occurs in 
a major acquisition program, the program man-
ager for such program shall submit to the head 
of the component concerned, the Executive Di-
rector of the Program Accountability and Risk 
Management division, and the Under Secretary 
for Management in writing a remediation plan 
and root cause analysis relating to such breach 
and program. Such plan and analysis shall be 
submitted at a date established at the discretion 
of the Under Secretary for Management. 
‘‘(B) REMEDIATION
PLAN.—The remedi-
ation plan required under this subparagraph 
(A) shall— 
‘‘(i) explain the circumstances of the 
breach at issue; 
‘‘(ii) provide prior cost estimating in-
formation; 
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‘‘(iii) include a root cause analysis 
that determines the underlying cause or 
causes of shortcomings in cost, schedule, 
or performance of the major acquisition 
program with respect to which such breach 
has occurred, including the role, if any, 
of— 
‘‘(I) unrealistic performance ex-
pectations; 
‘‘(II) unrealistic baseline esti-
mates for cost or schedule or changes 
in program requirements; 
‘‘(III) immature technologies or 
excessive manufacturing or integra-
tion risk; 
‘‘(IV) unanticipated design, engi-
neering, manufacturing, or technology 
integration issues arising during pro-
gram performance; 
‘‘(V) changes to the scope of such 
program; 
‘‘(VI) inadequate program fund-
ing or changes in planned out-year 
funding from one 5-year funding plan 
to the next 5-year funding plan as 
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outlined in the Future Years Home-
land Security Program required under 
section 874; 
‘‘(VII) legislative, legal, or regu-
latory changes; or 
‘‘(VIII) 
inadequate 
program 
management personnel, including lack 
of sufficient number of staff, training, 
credentials, certifications, or use of 
best practices; 
‘‘(iv) propose corrective action to ad-
dress cost growth, schedule delays, or per-
formance issues; 
‘‘(v) explain the rationale for why a 
proposed corrective action is recommended; 
and 
‘‘(vi) in coordination with the Compo-
nent Acquisition Executive for such pro-
gram, discuss all options considered, in-
cluding the estimated impact on cost, 
schedule, or performance of such program 
if no changes are made to current require-
ments, the estimated cost of such program 
if requirements are modified, and the ex-
tent to which funding from other programs 
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will need to be reduced to cover the cost 
growth of such program. 
‘‘(3) REVIEW OF CORRECTIVE ACTIONS.— 
‘‘(A) IN GENERAL.—The Under Secretary 
for Management shall review the remediation 
plan required under paragraph (2). The Under 
Secretary may approve such plan or provide an 
alternative proposed corrective action within 30 
days of the submission of such plan under such 
paragraph. 
‘‘(B) SUBMISSION
TO
CONGRESS.—Not 
later than 30 days after the review required 
under subparagraph (A) is completed, the 
Under Secretary for Management shall submit 
to the congressional homeland security commit-
tees the following: 
‘‘(i) A copy of the remediation plan 
and the root cause analysis required under 
paragraph (2). 
‘‘(ii) A statement describing the cor-
rective action or actions that have occurred 
pursuant to paragraph (2)(b)(iv) for the 
major acquisition program at issue, with a 
justification for such action or actions. 
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‘‘(b) REQUIREMENTS RELATING TO CONGRESSIONAL 
NOTIFICATION IF BREACH OCCURS.— 
‘‘(1) NOTIFICATION TO CONGRESS.—If a notifi-
cation to the Secretary is made under subsection 
(a)(1)(B) relating to a breach in a major acquisition 
program, the Under Secretary for Management shall 
notify the congressional homeland security commit-
tees of such breach in the next quarterly Com-
prehensive Acquisition Status Report, as required by 
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; 
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‘‘(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) CONGRESSIONAL HOMELAND SECURITY COM-
MITTEES DEFINED.—In this section, the term ‘congres-
sional homeland security committees’ means— 
‘‘(1) the Committee on Homeland Security of 
the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the 
Senate; and 
‘‘(2) the Committee on Appropriations of the 
House of Representatives and the Committee on Ap-
propriations of the Senate.’’. 
(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. 838. Congressional notification and other requirements for major acquisi-
tion program breach.’’. 
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SEC. 232. MULTIYEAR ACQUISITION STRATEGY. 
(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. 839. MULTIYEAR ACQUISITION STRATEGY. 
‘‘(a) MULTIYEAR
ACQUISITION
STRATEGY
RE-
QUIRED.— 
‘‘(1) IN GENERAL.—Not later than one year 
after the date of the enactment of this section, the 
Secretary shall submit to the appropriate congres-
sional committees and the Comptroller General of 
the United States a multiyear acquisition strategy to 
guide the overall direction of the acquisitions of the 
Department while allowing flexibility to deal with 
ever-changing threats and risks, and to help indus-
try better understand, plan, and align resources to 
meet the future acquisition needs of the Depart-
ment. Such strategy shall be updated and included 
in each Future Years Homeland Security Program 
required under section 874. 
‘‘(2) FORM.—The strategy required under para-
graph (1) shall be submitted in unclassified form but 
may include a classified annex for any sensitive or 
classified information if necessary. The Secretary 
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shall publish such strategy in an unclassified format 
that is publicly available. 
‘‘(b) CONSULTATION.—In developing the strategy re-
quired under subsection (a), the Secretary shall, as the 
Secretary determines appropriate, consult with head-
quarters, components, employees in the field, and individ-
uals from industry and the academic community. 
‘‘(c) 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 in coordination with all of 
the Component Acquisition Executives of Depart-
ment major acquisition programs that Department 
and component acquisition investments seek to ad-
dress, including the expected security and economic 
benefit of the program or system that is the subject 
of acquisition and an analysis of how the security 
and economic benefit derived from such program or 
system will be measured. 
‘‘(2) INVENTORY.—A plan to develop a reliable 
Department-wide inventory of investments and real 
property assets to help the Department— 
‘‘(A) plan, budget, schedule, and acquire 
upgrades of its systems and equipment; and 
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‘‘(B) plan for the acquisition and manage-
ment 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, 
including, to the maximum extent practicable, ways 
of leveraging best practices to identify and eliminate 
overpayment for items to— 
‘‘(A) prevent wasteful purchasing; 
‘‘(B) achieve the greatest level of efficiency 
and cost savings by rationalizing purchases; 
‘‘(C) align pricing for similar items; and 
‘‘(D) utilize purchase timing and econo-
mies of scale. 
‘‘(4) IDENTIFICATION
OF
CAPABILITIES.—An 
identification of test, evaluation, modeling, and sim-
ulation capabilities that will be required to— 
‘‘(A) support the acquisition of tech-
nologies to meet the needs of such strategy; 
‘‘(B) leverage to the greatest extent pos-
sible emerging technological trends and re-
search and development trends within the pub-
lic and private sectors; and 
‘‘(C) identify ways to ensure that appro-
priate technology is acquired and integrated 
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100 
into the Department’s operating doctrine to im-
prove mission performance. 
‘‘(5) FOCUS ON FLEXIBLE SOLUTIONS.—An as-
sessment of ways the Department can improve its 
ability to test and acquire innovative solutions to 
allow needed incentives and protections for appro-
priate risk-taking in order to meet its acquisition 
needs with resiliency, agility, and responsiveness to 
assure 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— 
‘‘(A) prevent cost overruns; 
‘‘(B) avoid schedule delays; and 
‘‘(C) achieve cost savings in major acquisi-
tion 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— 
‘‘(A) requirements development; 
‘‘(B) procurement announcements; 
‘‘(C) requests for proposals; 
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101 
‘‘(D) evaluation of proposals; 
‘‘(E) protests of decisions and awards; and 
‘‘(F) the use of best practices. 
‘‘(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 and to inform the De-
partment’s requirements-setting process before en-
gaging in an acquisition, including— 
‘‘(A) methods designed especially to engage 
small and disadvantaged businesses, a cost-ben-
efit analysis of the tradeoffs that small and dis-
advantaged businesses provide, information re-
lating to barriers to entry for small and dis-
advantaged businesses, and information relating 
to unique requirements for small and disadvan-
taged businesses; and 
‘‘(B) within the Department Vendor Com-
munication Plan and Market Research Guide, 
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102 
instructions for interaction by acquisition pro-
gram managers with such entities to— 
‘‘(i) prevent misinterpretation of ac-
quisition regulations; and 
‘‘(ii) permit, within legal and ethical 
boundaries, interacting with such entities 
with transparency. 
‘‘(9) COMPETITION.—A plan regarding competi-
tion under subsection (d). 
‘‘(10) ACQUISITION WORKFORCE.—A plan re-
garding the Department acquisition workforce under 
subsection (e). 
‘‘(d) COMPETITION PLAN.—The strategy required 
under subsection (a) shall also include a plan to address 
actions to ensure competition, or the option of competi-
tion, for major acquisition programs. Such plan may in-
clude assessments of the following measures in appro-
priate 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. 
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103 
‘‘(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. 
‘‘(e) ACQUISITION WORKFORCE PLAN.— 
‘‘(1) ACQUISITION WORKFORCE.—The strategy 
required under subsection (a) shall also include a 
plan to address Department acquisition workforce 
accountability and talent management that identifies 
the acquisition workforce needs of each component 
performing acquisition functions and develops op-
tions for filling such needs with qualified individuals, 
including a cost-benefit analysis of contracting for 
acquisition assistance. 
‘‘(2) ADDITIONAL
MATTERS
COVERED.—The 
acquisition workforce plan under this subsection 
shall address ways to— 
‘‘(A) improve the recruitment, hiring, 
training, and retention of Department acquisi-
tion workforce personnel, including contracting 
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104 
officer’s representatives, in order to retain high-
ly qualified individuals who 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 such 
managers 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; 
‘‘(iii) procurement, including con-
tracting; 
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105 
‘‘(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 officers’ 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 
such representatives are certified and re-
ceive training that is appropriate; 
‘‘(ii) assessing what training is most 
effective with respect to the type and com-
plexity of assignment; and 
‘‘(iii) implementing actions to improve 
training based on such assessments; and 
‘‘(G) identify ways to increase training for 
relevant investigators and auditors of the De-
partment to examine fraud in major acquisition 
programs, including identifying opportunities to 
leverage existing Government and private sector 
resources in coordination with the Inspector 
General of the Department.’’. 
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