[Congressional Record (Bound Edition), Volume 160 (2014), Part 7]
[House]
[Pages 9647-9656]
[From the U.S. Government Publishing Office, www.gpo.gov]




                              {time}  1815
           DHS ACQUISITION ACCOUNTABILITY AND EFFICIENCY ACT

  Mr. DUNCAN of South Carolina. Mr. Speaker, I move to suspend the 
rules and pass the bill (H.R. 4228) to require the Department of 
Homeland Security to improve discipline, accountability, and 
transparency in acquisition program management, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4228

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``DHS Acquisition 
     Accountability 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 
              programs.

          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 
              requirements 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 
              acquisition 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 Government and 
     private sector best practices for acquisitions and 
     procurement.
       (2) It is difficult to determine the cost of the 
     Department's major acquisition programs because the 
     Department has not provided consistent, comparable updates on 
     an annual basis. As of January 2014, the Department 
     identified over 80 major acquisition 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 management activities on its 
     ``High-Risk List'', which identifies Government operations 
     that have greater susceptibility to fraud, waste, abuse, and 
     mismanagement 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 management issues, many 
     programs continue to experience challenges with funding 
     instability, workforce shortfalls, 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 reported 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 Office found 
     that only 20 of 63 programs had Department-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.
       (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 Committee on Homeland Security and 
     Governmental Affairs of the Senate; and
       (B) the Committee on Appropriations of the House of 
     Representatives and of the Senate.
       (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 practices'', with 
     respect to acquisition, means a knowledge-based approach to 
     capability development that includes identifying and 
     validating needs; assessing alternatives to select the most 
     appropriate solution; clearly establishing well-defined 
     requirements; developing realistic cost assessments and 
     schedules; securing stable funding that matches resources to 
     requirements; demonstrating technology, design, and 
     manufacturing maturity; using milestones and exit criteria or 
     specific accomplishments that demonstrate progress; adopting 
     and executing standardized 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 Security 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:

[[Page 9648]]

       ``(B) The term `congressional homeland security committees' 
     means--
       ``(i) the Committee on Homeland Security of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate; and
       ``(ii) the Committee on Appropriations of the House of 
     Representatives and of the Senate, where appropriate.''; and
       (3) by adding at the end the following new subsection:
       ``(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 authority, held by 
     the Secretary acting through the Deputy Secretary or Under 
     Secretary for Management--
       ``(A) to ensure compliance with Federal law, the Federal 
     Acquisition Regulation, and Department acquisition management 
     directives;
       ``(B) to review (including approving, halting, 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 acquisition program baseline breaches and directing 
     any corrective action for such breaches.
       ``(3) Acquisition decision event.--The term `acquisition 
     decision event', with respect to an investment or acquisition 
     program, means a predetermined point within the acquisition 
     phases of the investment or acquisition program at which the 
     investment 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 acquisition decision event 
     record that includes a documented record of decisions, exit 
     criteria, and assigned 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, expressed in standard, measurable, quantitative 
     terms, which must be met in order to accomplish the goals of 
     the program.
       ``(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 acquisition 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 Component 
     head, with authority and responsibility for leading a process 
     and staff to provide acquisition and program management 
     oversight, policy, and guidance to ensure that statutory, 
     regulatory, and higher level policy requirements are 
     fulfilled, including compliance with Federal law, the Federal 
     Acquisition Regulation, and Department acquisition management 
     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, procurement, operation, 
     integrated logistics support, and disposal under the program, 
     including supporting infrastructure that plans, manages, and 
     executes the program over its full life, and costs of common 
     support items incurred as a result of the program.
       ``(9) Major acquisition program.--The term `major 
     acquisition program' means a Department acquisition program 
     that is estimated by the Secretary to require an eventual 
     total expenditure of at least $300,000,000 (based on fiscal 
     year 2014 constant dollars) over its life cycle cost.''.

     SEC. 5. PROHIBITION ON ADDITIONAL AUTHORIZATION OF 
                   APPROPRIATIONS.

       No additional funds are authorized to be appropriated to 
     carry out this Act and the amendments made by this Act. This 
     Act and such amendments shall be carried out using amounts 
     otherwise available for such purposes.

                    TITLE I--ACQUISITION AUTHORITIES

     SEC. 101. ACQUISITION AUTHORITIES FOR UNDER SECRETARY FOR 
                   MANAGEMENT.

       Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 
     341) is amended--
       (1) in subsection (a)(2), by striking ``Procurement'' and 
     inserting ``Acquisition and procurement''; and
       (2) by adding at the end the following:
       ``(d) Acquisition and Related Responsibilities.--
       ``(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 Officer, the Under Secretary shall have the 
     authority and perform the functions as specified in section 
     1702(b) of such title, and perform all other functions and 
     responsibilities delegated by the Secretary or described in 
     this subsection.
       ``(2) Duties and responsibilities.--In addition to the 
     authority and functions specified in section 1702(b) of title 
     41, United States Code, the duties and responsibilities of 
     the Under Secretary for Management related to acquisition 
     include the following:
       ``(A) Advising the Secretary regarding acquisition 
     management activities, taking into account risks of failure 
     to achieve cost, schedule, or performance parameters, to 
     ensure that the Department achieves its mission through the 
     adoption of widely accepted program management best practices 
     and standards.
       ``(B) Exercising the acquisition decision authority to 
     approve, halt, modify (including the rescission of approvals 
     of program milestones), or cancel major acquisition programs, 
     unless the Under Secretary delegates the authority to a 
     Component Acquisition Executive pursuant to paragraph (3).
       ``(C) Establishing policies for acquisition that implement 
     an approach that takes into account 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 managers to 
     effectively manage acquisition programs.
       ``(D) Ensuring that each major acquisition program has a 
     Department-approved acquisition program baseline.
       ``(E) Ensuring that the heads of Components and Component 
     Acquisition Executives comply with Federal law, the Federal 
     Acquisition 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 access 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 acquisition decision authority in 
     writing to the relevant 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 acquisition decision authority in 
     writing to the relevant Component Acquisition Executive for a 
     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 possesses working policies, 
     processes, and procedures that are consistent with 
     Department-level acquisition policy.
       ``(ii) The Component Acquisition Executive has adequate, 
     experienced, dedicated 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-
     approved acquisition program baseline and it is meeting 
     agreed-upon cost, schedule, and performance thresholds.
       ``(4) Excluded parties list system consultation.--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 awarding a 
     contract or grant or entering into other transactions 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 Management 
     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 requirements of the Components.''.

     SEC. 102. ACQUISITION AUTHORITIES FOR CHIEF FINANCIAL 
                   OFFICER.

       Section 702 of the Homeland Security Act of 2002 (6 U.S.C. 
     342) is amended by adding at the end of subsection (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 
     Department's acquisitions programs, in consultation with the 
     Under Secretary for Management.''.

[[Page 9649]]



     SEC. 103. ACQUISITION AUTHORITIES FOR CHIEF INFORMATION 
                   OFFICER.

       Section 703 of the Homeland Security Act of 2002 (6 U.S.C. 
     343) is amended by adding at the end the following new 
     subsection:
       ``(c) Acquisition Responsibilities.--Notwithstanding 
     section 11315 of title 40, United States Code, the 
     acquisition responsibilities of the Chief Information 
     Officer, in consultation with the Under Secretary for 
     Management, shall include the following:
       ``(1) Serve as the lead technical authority for information 
     technology programs and establish departmental information 
     technology priorities, policies, processes, standards, 
     guidelines, and procedures.
       ``(2) Oversee the management of the Homeland Security 
     Enterprise Architecture and ensure that, before each 
     acquisition decision event, approved information technology 
     acquisitions comply with departmental information technology 
     management processes, technical requirements, and the 
     Homeland Security Enterprise Architecture, and in any case in 
     which information technology acquisitions do not comply with 
     Departmental management directives, make recommendations to 
     the Acquisition Review Board regarding such noncompliance.
       ``(3) Be responsible for providing recommendations to the 
     Acquisition Review Board established in section 836 of this 
     Act on information technology programs, and be responsible 
     for developing information technology acquisition strategic 
     guidance.''.

     SEC. 104. CHIEF PROCUREMENT OFFICER.

       (a) In General.--Title VII of the Homeland Security 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 Management.
       ``(b) Responsibilities.--The Chief Procurement Officer 
     shall--
       ``(1) exercise leadership and authority to the extent 
     delegated by the Under Secretary for Management over the 
     Department procurement function;
       ``(2) issue acquisition regulations and policies;
       ``(3) account for the integrity, performance, and oversight 
     of Department procurement and contracting 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 workforce;
       ``(5) oversee a centralized certification and training 
     program, in consultation with the Under Secretary for 
     Management, for the entire Department acquisition workforce 
     while using, to the greatest extent practicable, best 
     practices and acquisitions training opportunities already in 
     existence within the Federal Government, the private sector, 
     or universities and colleges, as appropriate, and including 
     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 performance 
     measures on the impact of strategic sourcing initiatives on 
     the private sector, including, in particular, 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 opportunities for small business 
     participation, and ensure, to the extent practicable, small 
     businesses that achieve qualified vendor status for security-
     related technologies 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.''.

     SEC. 105. REQUIREMENTS TO ENSURE GREATER ACCOUNTABILITY FOR 
                   ACQUISITION PROGRAMS.

       (a) In General.--Title VII of the Homeland Security 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 ACCOUNTABILITY FOR 
                   ACQUISITION PROGRAMS.

       ``(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 transparency of major 
     acquisition programs of the Department in order to increase 
     opportunities for effectiveness and efficiencies and to serve 
     as the central oversight function of all Department 
     acquisition programs.
       ``(b) Responsibilities of Executive Director.--The Under 
     Secretary for Management shall designate 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, performance, or schedule that 
     Components may need to 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 program policy, 
     procedures, and guidance with a priority on ensuring the data 
     it collects and maintains from its Components is accurate and 
     reliable.
       ``(4) Serve as the focal point within the Department for 
     policy, process, and procedure regarding life cycle cost 
     estimating and analysis.
       ``(5) 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.
       ``(6) Advise the persons having acquisition decision 
     authority in making acquisition decisions consistent with all 
     applicable laws and in establishing clear lines of authority, 
     accountability, and responsibility for acquisition 
     decisionmaking within the Department.
       ``(7) Engage in the strategic planning and performance 
     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 
     Procurement Officer in developing strategies and specific 
     plans for hiring, training, and professional development in 
     order to rectify any deficiency within the Department's 
     acquisition workforce.
       ``(8) Oversee the Component Acquisition Executive structure 
     to ensure it has sufficient capabilities and complies with 
     Department policies.
       ``(9) Develop standardized certification standards in 
     consultation with the Component Acquisition Executives for 
     all acquisition program managers.
       ``(10) 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 
     experiences to the relevant certifying authority.
       ``(11) Provide technical support and assistance to 
     Department acquisitions and acquisition personnel in 
     conjunction with the Chief Procurement Officer.
       ``(12) Prepare the Department's Comprehensive Acquisition 
     Status Report, as required by the Department 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 report available to congressional homeland security 
     committees.
       ``(13) Prepare the Department's Quarterly Program 
     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 acquisition management 
     directives established by the Under Secretary for Management. 
     For each major acquisition program, each head of a Component 
     shall--
       ``(1) establish a complete life cycle cost estimate with 
     supporting documentation, including an acquisition program 
     baseline;
       ``(2) verify each life cycle cost estimate against 
     independent cost estimates, and reconcile any differences;
       ``(3) complete a cost-benefit analysis with supporting 
     documentation;
       ``(4) develop and maintain a schedule that is consistent 
     with scheduling best practices as identified by the 
     Comptroller General of the United States, including, in 
     appropriate cases, an integrated master schedule; and
       ``(5) ensure that all acquisition program information 
     provided by the Component is complete, accurate, 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 programs.''.

[[Page 9650]]



          TITLE II--ACQUISITION PROGRAM MANAGEMENT DISCIPLINE

     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 other relevant 
     Department officials, including at least two Component heads 
     or their designees, as permanent members of the Board.
       ``(c) Meetings.--The Board shall meet every time a major 
     acquisition program needs authorization to proceed from 
     acquisition decision events through the acquisition life 
     cycle and to consider any major acquisition program in breach 
     as necessary. The Board may also be convened 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 acquisition life cycle 
     framework and is able to proceed to the next phase and 
     eventual full production and deployment.
       ``(2) Oversee executable business strategy, resources, 
     management, accountability, and alignment to strategic 
     initiatives.
       ``(3) Support the person with acquisition decision 
     authority for an acquisition in determining the appropriate 
     direction for the acquisition at key acquisition decision 
     events.
       ``(4) Conduct systematic reviews of acquisitions to ensure 
     that they are progressing in compliance with the approved 
     documents for their current acquisition phase.
       ``(5) Validate the acquisition documents of each major 
     acquisition program, including the acquisition program 
     baseline, to ensure the reliability of underlying data.
       ``(6) Ensure that practices are adopted and implemented 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 capability development plan, second 
     acquisition decision event, including, at a minimum, the 
     following practices:
       ``(A) Department officials responsible for acquisition, 
     budget, and cost estimating functions are provided with the 
     appropriate opportunity 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 objectives for each alternative is 
     considered.
       ``(e) Acquisition Program Baseline Report Requirement.--If 
     the person exercising acquisition decision authority over a 
     major acquisition program approves the program to proceed 
     beyond the acquisition decision event requiring a capability 
     development plan 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 seven days after an acquisition decision 
     memorandum is signed, notify in writing the congressional 
     homeland security committees of such decision; and
       ``(2) within 60 days after the acquisition decision 
     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 section 4(b) of 
     the DHS Acquisition Accountability and Efficiency Act.''.
       (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 ACQUISITION 
                   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 Department 
     investments, including major acquisition programs, the Deputy 
     Secretary, in consultation with the Under Secretary for 
     Management, shall establish Department-wide policies to 
     integrate all phases of the investment life cycle and help 
     the Department identify, validate, and prioritize standards 
     for common Component requirements for major acquisition 
     program requirements in order to increase opportunities for 
     effectiveness and efficiencies. The policies shall also 
     include strategic alternatives for developing and 
     facilitating a Department Component-driven requirements 
     process that includes oversight of a development test and 
     evaluation capability; identification of priority gaps and 
     overlaps in Department capability needs; and provision of 
     feasible technical alternatives, including innovative 
     commercially available alternatives, to meet capability 
     needs.
       ``(b) Mechanisms To Carry Out Requirement.--The Deputy 
     Secretary, in consultation with 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 acquisition programs.
       ``(c) Coordination.--In coordinating the actions necessary 
     to carry out subsection (a), the Deputy Secretary shall 
     consult with the Under Secretary for Management, 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 capabilities to prevent unnecessary 
     duplication of requirements.
       ``(d) Advisors.--The Deputy Secretary, in consultation with 
     the Under Secretary for Management, shall seek and consider 
     input within legal and ethical boundaries from members of 
     Federal, State, local, and tribal governments, nonprofit 
     organizations, and the private sector, as appropriate, on 
     matters within their authority and expertise in carrying out 
     the Department's mission.
       ``(e) Meetings.--The Deputy Secretary, in consultation 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 
     priorities on major investments and acquisition programs 
     within their areas of responsibility.
       ``(f) Responsibilities.--In carrying out this section, the 
     responsibilities of the Deputy Secretary are as follows:
       ``(1) To review and validate the requirements documents of 
     major investments and acquisition programs prior to 
     acquisition decision events of the investments or programs.
       ``(2) To ensure the requirements and scope of a major 
     investment or acquisition program are stable, measurable, 
     achievable, at an acceptable risk level, and match the 
     resources planned to be available.
       ``(3) Before any entity of the Department issues a 
     solicitation for a new contract, coordinate 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 Components; and
       ``(B) to the extent practicable, to standardize equipment 
     purchases, streamline the acquisition process, improve 
     efficiencies, and conduct best practices for strategic 
     sourcing.
       ``(4) To ensure program managers of major investments and 
     acquisition programs conduct analyses, giving particular 
     attention to factors such as cost, schedule, risk, 
     performance, and operational efficiency 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 Department investment and 
     major acquisition program.
       ``(g) Best Practices Defined.--In this section, the term 
     `best practices' has the meaning provided in section 4(b) of 
     the DHS Acquisition Accountability and Efficiency Act.''.
       (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 REDUCE DUPLICATION IN 
                   ACQUISITION PROGRAMS.

       (a) Review Required.--The Comptroller General of the United 
     States shall conduct a review of the effectiveness 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 section 837 of such Act (as added 
     by section 202) in improving 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 discipline among the Components of the 
     Department, including in working together and in preventing 
     overlap and duplication.

[[Page 9651]]

       (2) An assessment of the effectiveness of the Department 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 acquisition 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 committees a report on 
     the review required by this section not later than one 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 
     notification to the congressional homeland security 
     committees within five days after the issuance of a waiver by 
     the Secretary of Federal requirements that an agency not 
     engage 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. 205. INSPECTOR GENERAL OVERSIGHT OF SUSPENSION AND 
                   DEBARMENT.

       The Inspector General of the Department of Homeland 
     Security--
       (1) may audit decisions about grant and procurement awards 
     to identify instances where a contract or grant was 
     improperly awarded to a suspended or debarred entity and 
     whether corrective actions 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 debarment criteria are consistently 
     applied throughout the Department and whether disparities 
     exist in the application of such criteria, particularly with 
     respect to business size and categories.

     TITLE III--ACQUISITION PROGRAM MANAGEMENT ACCOUNTABILITY AND 
                              TRANSPARENCY

     SEC. 301. CONGRESSIONAL NOTIFICATION AND OTHER REQUIREMENTS 
                   FOR MAJOR ACQUISITION PROGRAM 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 REQUIREMENTS 
                   FOR MAJOR ACQUISITION PROGRAM BREACH.

       ``(a) Breach Defined.--The term `breach', with respect to a 
     major acquisition program, means a failure to meet any cost, 
     schedule, or performance parameter specified in the 
     acquisition program baseline.
       ``(b) Requirements Within Department if Breach Occurs.--
       ``(1) Notifications.--
       ``(A) Notification of potential breach.--If a major 
     acquisition program has a potential for a future breach, as 
     determined by the program manager for that program, the 
     program manager shall notify the person exercising 
     acquisition decision authority for the program.
       ``(B) Notification of actual breach.--If an actual breach 
     occurs in a major acquisition program, the program manager 
     for that program shall notify the head of the Component 
     concerned, 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.
       ``(C) Notification to secretary.--If a major acquisition 
     program has an actual breach with a cost overrun greater than 
     20 percent or a schedule delay greater than 12 months from 
     the costs or schedule set forth in the acquisition program 
     baseline for the program, the Secretary and the Inspector 
     General of the Department shall be notified not later than 
     five business days after the actual breach is identified.
       ``(2) Remediation plan and root cause analysis.--
       ``(A) In general.--In the case of an actual 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, a remediation plan and root 
     cause analysis is required, and the Under Secretary for 
     Management or his designee shall establish a date for 
     submission within the Department of a breach remediation plan 
     and root cause analysis in accordance with this subsection.
       ``(B) Remediation plan.--The remediation plan required 
     under this subsection shall be submitted in writing to the 
     head of the Component concerned, the Executive Director 
     referred 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 information;
       ``(iii) propose corrective action to control cost growth, 
     schedule delays, or performance 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 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 
     performance of the program, including the role, if any, of 
     the following:
       ``(i) Unrealistic performance expectations.
       ``(ii) Unrealistic baseline estimates for cost or schedule 
     or changes in program requirements.
       ``(iii) Immature technologies or excessive manufacturing or 
     integration risk.
       ``(iv) Unanticipated design, engineering, manufacturing, or 
     technology integration issues arising during program 
     performance.
       ``(v) Changes in procurement quantities.
       ``(vi) Inadequate program funding or changes in planned 
     out-year funding from one five-year funding plan to the next 
     five-year funding plan as outlined in the Future Years 
     Homeland Security Program required under section 874 of this 
     Act.
       ``(vii) Legislative, legal, or regulatory changes.
       ``(viii) Inadequate program management 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 establish a date for 
     submission within the Department of a program of corrective 
     action that ensures that one 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 parameters.
       ``(B) A revised acquisition program baseline has been 
     approved.
       ``(C) The program has been halted or cancelled.
       ``(c) Requirements Relating to Congressional Notification 
     if Breach Occurs.--
       ``(1) Notification to congress.--If a notification 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 threshold or parameter specified in the 
     acquisition program baseline, the Under Secretary for 
     Management shall notify the congressional homeland security 
     committees of the breach in the next quarterly Comprehensive 
     Acquisition Status Report after the Under Secretary for 
     Management receives the notification 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 written 
     certification, with supporting explanation, that--
       ``(A) the acquisition is essential to the accomplishment of 
     the Department's mission;
       ``(B) there are no alternatives to such capability or asset 
     that will provide equal or greater capability in both a more 
     cost-effective and timely manner;
       ``(C) the new acquisition schedule and estimates for total 
     acquisition cost are reasonable; and
       ``(D) the management structure for the acquisition 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 committees 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 subsection (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.--
       ``(1) Prohibition on obligation of funds.--During the 90-
     day period following submission 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 subsection 
     to the congressional homeland security committees. 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 certification.

[[Page 9652]]

       ``(2) Certification.--For purposes of paragraph (1), the 
     certification described in this paragraph is a certification 
     that--
       ``(A) the Department has adjusted or restructured the 
     program in a manner that addresses 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 acquisition decision event approvals and 
     the current acquisition decision event approval for the 
     breached program has been adjusted as necessary to account 
     for the restructured 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 837 the following new item:

``Sec. 838. Congressional notification and other requirements for major 
              acquisition 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 Required.--Not later 
     than one year after the date of the enactment of this 
     section, the Secretary shall submit to the appropriate 
     homeland security committees 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 industry 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 submitted in 
     unclassified form but may include a classified annex for any 
     sensitive or classified information if necessary. 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 integrated 
     prioritized list developed by the Under Secretary for 
     Management or his designee in coordination with all of the 
     Component Acquisition Executives 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 measured.
       ``(2) Inventory.--A plan to develop a reliable Department-
     wide inventory of investments and real property assets to 
     help the Department plan, budget, 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 funding gaps between 
     funding requirements for major acquisition programs and known 
     available resources including, to the maximum extent 
     practicable, ways of leveraging best practices to identify 
     and eliminate overpayment for items to prevent wasteful 
     purchasing, achieve the greatest level of efficiency and cost 
     savings by rationalizing purchases, aligning pricing for 
     similar items, and utilizing purchase timing and economies of 
     scale.
       ``(4) Identification of capabilities.--An identification of 
     test, evaluation, modeling, and simulation 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 extent possible the emerging 
     technology trends and research and development trends within 
     the public and private sectors and an identification of ways 
     to ensure that the appropriate technology is acquired and 
     integrated into the Department's operating doctrine and 
     procured in ways that improve mission performance.
       ``(5) Focus on flexible solutions.--An assessment of ways 
     the Department can improve its ability to test and acquire 
     innovative solutions to allow needed incentives and 
     protections for appropriate 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 taxpayer dollars.--An 
     assessment of ways the Department can develop incentives for 
     program managers 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 
     section 4(b) of the DHS Acquisition Accountability and 
     Efficiency Act and lessons learned by the Department and 
     other Federal agencies.
       ``(8) Focus on improving outreach.--An identification and 
     assessment of ways to increase opportunities 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 
     available to meet its mission needs to inform the 
     requirements-setting process and before engaging in an 
     acquisition, 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 disadvantaged businesses; 
     and
       ``(B) within the Department Vendor Communication Plan and 
     Market Research Guide, instructions for interaction by 
     program managers with such entities to prevent 
     misinterpretation of acquisition regulations and to permit 
     freedom within legal and ethical boundaries for program 
     managers to interact with such businesses with transparency.
       ``(9) Competition.--A plan regarding competition as 
     described in subsection (e).
       ``(10) Acquisition workforce.--A plan regarding the 
     Department acquisition workforce as described in subsection 
     (f).
       ``(11) Feasibility of workforce development fund pilot 
     program.--An assessment of the feasibility of conducting a 
     pilot program to establish 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 appropriate cases if 
     such measures are cost effective:
       ``(1) Competitive prototyping.
       ``(2) Dual-sourcing.
       ``(3) Unbundling of contracts.
       ``(4) Funding of next-generation prototype systems or 
     subsystems.
       ``(5) Use of modular, open architectures to enable 
     competition for upgrades.
       ``(6) Acquisition of complete technical data packages.
       ``(7) Periodic competitions for subsystem upgrades.
       ``(8) Licensing of additional suppliers, including small 
     businesses.
       ``(9) Periodic system or program reviews to address long-
     term competitive effects of program decisions.
       ``(f) Acquisition Workforce Plan.--
       ``(1) Acquisition workforce.--The strategy shall also 
     include a plan (referred to in subsection (d)(10)) to address 
     Department acquisition workforce accountability and talent 
     management that identifies the acquisition workforce needs of 
     each Component performing acquisition functions and develops 
     options for filling those needs with qualified individuals, 
     including a cost-benefit analysis of contracting 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 acquisition workforce personnel, 
     including contracting officer's representatives, in order to 
     retain highly 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 Department acquisition 
     workforce training and certification requirements through 
     leveraging already-existing training within the Federal 
     Government, academic community, or private industry;
       ``(D) achieve integration and consistency with Government-
     wide training and accreditation standards, acquisition 
     training tools, and training facilities;
       ``(E) designate the acquisition positions that will be 
     necessary to support the Department acquisition requirements, 
     including in the fields of--
       ``(i) program management;
       ``(ii) systems engineering;
       ``(iii) procurement, including contracting;
       ``(iv) test and evaluation;
       ``(v) life cycle logistics;
       ``(vi) cost estimating and program financial management; 
     and
       ``(vii) additional disciplines appropriate to Department 
     mission needs;
       ``(F) strengthen the performance of contracting officer's 
     representatives (as defined in Subpart 1.602-2 and Subpart 
     2.101 of the Federal Acquisition Regulation), including by--

[[Page 9653]]

       ``(i) assessing the extent to which contracting officer's 
     representatives are certified and receive training that is 
     appropriate;
       ``(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 Government and private sector resources in 
     coordination 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 ensure the Department 
     acquisition workforce has the capacity, in both personnel and 
     skills, needed to properly perform 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 Department 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 acquisition workforce 
     and program managers for good program management in 
     controlling cost growth, limiting schedule delays, and 
     ensuring operational effectiveness through providing a 
     percentage of the savings 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 associated with the 
     use of direct appropriations or credit, transfer, or deposit 
     of unobligated or unused funds to finance the Fund.
       ``(B) Describe the manner and timing for applications for 
     amounts in the Fund to be submitted.
       ``(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 
     management.''.
       (2) 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 838 the following new item:

``Sec. 839. Multiyear acquisition strategy.''.
       (b) Conforming Amendment to Future Years Homeland Security 
     Program.--Section 874(b) of the Homeland Security Act of 2002 
     (6 U.S.C. 454(b)) is amended--
       (1) by striking ``and'' at the end of paragraph (2);
       (2) by striking the period at the end of paragraph (3) and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(4) include the multiyear acquisition strategy required 
     under section 839 of this Act.''.

     SEC. 303. ACQUISITION REPORTS.

       (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. 840. ACQUISITION REPORTS.

       ``(a) Comprehensive Acquisition Status Report.--
       ``(1) In general.--The Under Secretary for Management each 
     year shall submit to the congressional homeland security 
     committees, at the same time as the President's budget is 
     submitted for a fiscal year under section 1105(a) of title 
     31, United States Code, a comprehensive acquisition status 
     report. The report shall include the following:
       ``(A) The information required under the heading `Office of 
     the Under Secretary for Management' under Title I of division 
     D of the Consolidated Appropriations Act, 2012 (Public Law 
     112-74) (as required under the Department of Homeland 
     Security Appropriations Act, 2013 (Public Law 113-6).
       ``(B) A listing of programs that have been cancelled, 
     modified, paused, or referred to the Under Secretary for 
     Management or Deputy Secretary for additional oversight or 
     action by the Board, Department Office of Inspector General, 
     or the Comptroller General.
       ``(C) A listing of established Executive Steering 
     Committees, which provide governance of a program or related 
     set of programs and lower-tiered oversight, and support 
     between acquisition decision events and Component reviews, 
     including the mission and membership for each.
       ``(2) Information for major acquisition programs.--For each 
     major acquisition program, the report shall include the 
     following:
       ``(A) A narrative description, including current gaps and 
     shortfalls, the capabilities to be fielded, and the number of 
     planned increments or units.
       ``(B) Acquisition Review Board (or other board designated 
     to review the acquisition) status of each acquisition, 
     including the current acquisition phase, the date of the last 
     review, and a listing of the required documents that have 
     been reviewed with the dates reviewed or approved.
       ``(C) The most current, approved acquisition program 
     baseline (including project schedules and events).
       ``(D) A comparison of the original acquisition program 
     baseline, the current acquisition program baseline, and the 
     current estimate.
       ``(E) Whether or not an independent verification and 
     validation has been implemented, with an explanation for the 
     decision and a summary of any findings.
       ``(F) A rating of cost risk, schedule risk, and technical 
     risk associated with the program (including narrative 
     descriptions and mitigation actions).
       ``(G) Contract status (including earned value management 
     data as applicable).
       ``(H) A lifecycle cost of the acquisition, and time basis 
     for the estimate.
       ``(3) Updates.--The Under Secretary shall submit quarterly 
     updates to such report not later than 45 days after the 
     completion of each quarter.
       ``(b) Quarterly Program Accountability Report.--The Under 
     Secretary for Management shall prepare a quarterly program 
     accountability report to meet the Department's mandate to 
     perform program health assessments and improve program 
     execution and governance. The report shall be submitted to 
     the congressional homeland security committees.''.
       (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 839 the following new item:

``Sec. 840. Acquisition reports.''.

     SEC. 304. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF 
                   MULTIYEAR ACQUISITION STRATEGY.

       (a) Review Required.--After submission to Congress of the 
     first multiyear acquisition strategy (pursuant to section 839 
     of the Homeland Security Act of 2002) after the date of the 
     enactment of this Act, the Comptroller General of the United 
     States shall conduct a review of the plan within 180 days to 
     analyze the viability of the plan's effectiveness in the 
     following:
       (1) Complying with the requirements in section 839 of the 
     Homeland Security Act of 2002, as added by section 302 of 
     this Act.
       (2) Establishing clear connections between Department 
     objectives and acquisition priorities.
       (3) Demonstrating that Department acquisition policy 
     reflects program management best practices and standards.
       (4) Ensuring competition or the option of competition for 
     major acquisition programs.
       (5) Considering potential cost savings through using 
     already-existing technologies when developing acquisition 
     program requirements.
       (6) Preventing duplication within Department acquisition 
     workforce training requirements through leveraging already-
     existing training within the Federal Government, academic 
     community, or private industry.
       (7) Providing incentives for program managers to reduce 
     acquisition and procurement costs through the use of best 
     practices and disciplined program management.
       (8) Assessing the feasibility of conducting a pilot program 
     to establish a Homeland Security Acquisition Workforce 
     Development Fund.
       (b) Report Required.--The Comptroller 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. 305. OFFICE OF INSPECTOR GENERAL REPORT.

       (a) Review Required.--No later than 2 years following the 
     submission of the report submitted by the Comptroller General 
     of the United States as required by section 304, the 
     Department's Inspector General shall conduct a review of 
     whether the Department has complied with the multiyear 
     acquisition strategy (pursuant to section 839 of the Homeland 
     Security Act of 2002) and adhered to the strategies set forth 
     in the plan. The review shall also consider whether the 
     Department has complied with the requirements to provide the 
     Acquisition Review Board with a capability development plan 
     for each major acquisition program.
       (b) Report Required.--The Inspector General shall submit to 
     the congressional homeland security committees a report of 
     the review required by this section. The report shall be 
     submitted in unclassified form but may include a classified 
     annex.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
South Carolina (Mr. Duncan) and the gentleman from Arizona (Mr. Barber) 
each will control 20 minutes.
  The Chair recognizes the gentleman from South Carolina.

[[Page 9654]]




                             General Leave

  Mr. DUNCAN of South Carolina. Mr. Speaker, I ask unanimous consent 
that all Members have 5 legislative days in which to revise and extend 
their remarks and include extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from South Carolina?
  There was no objection.
  Mr. DUNCAN of South Carolina. Mr. Speaker, I yield myself such time 
as I may consume.
  Mr. Speaker, I rise today in support of legislation to improve the 
Department of Homeland Security's, DHS, acquisition management. In the 
aftermath of the September 11 attacks, DHS was created to ensure such 
an attack would never occur again; yet for much of its existence, 
proper management has taken a back seat.
  DHS is now the third largest Federal department with a budget 
authority of almost $60 billion. A significant amount of the budget is 
used to buy systems and programs used to secure our borders, protect 
our shores, and scan people and cargo coming into the United States, 
among other missions. Unfortunately, many of these major acquisition 
programs cost more, are late, and do less than is expected.
  For 9 years, the Government Accountability Office has been telling 
the DHS in its high-risk list that its acquisition programs are highly 
susceptible to fraud, waste, abuse, and mismanagement.
  In addition, the DHS inspector general has identified acquisition 
management as a major management challenge for DHS, and it audits have 
found serious mismanagement in TSA body scanners and canine teams, 
failures to improve radio systems, and waste in CBP and Coast Guard 
helicopters.
  Although DHS has taken steps to implement an acquisition policy with 
elements of commercial best practices and put mechanisms in place to 
review programs, it has routinely failed to hold programs accountable. 
This must change. DHS cannot afford its major acquisition programs. In 
a time of reduced budgets, DHS must make every dollar count.
  Today's legislation, H.R. 4228, the DHS Acquisition Accountability 
and Efficiency Act, follows consistent subcommittee oversight of DHS 
acquisition issues. In the 112th Congress, the subcommittee published 
an August 2012 report providing recommendations for DHS to correct 
weaknesses in its acquisition and contracting practices. This report 
went unheeded, and the weaknesses remain to this day.
  In the 113th Congress, we have sent numerous letters to DHS and the 
GAO requiring greater scrutiny on various acquisition programs, and in 
September 2013, we held a hearing on ways that the DHS could use best 
practices from the Defense Department and private sector to save 
taxpayer dollars in acquisition management.
  In view of these efforts, I am pleased that the bipartisan 
cooperation that the ranking member and I have had in drafting H.R. 
4228, and I am grateful for the strong support this bill has received.
  I would also like to note letters of support from the Project 
Management Institute, Security Industry Association, Professional 
Services Council, TechAmerica, IT Alliance for Public Sector, and the 
American Conservative Union. Business Executives for National Security 
has also stated its support publicly.
  This bill addresses DHS' acquisition problems in several ways. First, 
it requires leadership accountability from the chief acquisition 
officer and components in following Federal law, the Federal 
Acquisition Regulation, and DHS acquisition management directives.
  Second, it requires discipline. Every major acquisition program must 
have an approved acquisition program baseline, an APB, which is a vital 
document that DHS programs need to measure performance, manage cost 
growth, and schedule slips; and the acquisition review board must 
validate acquisition documents of programs.
  Third, it provides clarity for American businesses by authorizing the 
chief procurement officer to serve as the main liaison to industry and 
oversee a certification and training program for DHS' acquisition 
workforce; by requiring a multiyear acquisition strategy to guide the 
direction of DHS acquisitions and help industry better understand, 
plan, and align resources to meet future acquisition needs of DHS; and 
by compelling DHS to address issues regarding bid protests.
  Fourth, this bill increases transparency by requiring DHS to report 
to Congress on programs that failed to meet cost, schedule, or 
performance parameters specified in the APB and by instructing DHS to 
eliminate unnecessary duplication and inefficiency.
  I believe we have a precedent for such efforts under President Ronald 
Reagan's leadership. In the 1980s, he worked with Congress to address 
these types of issues in troubled defense programs, and I believe that 
DHS needs similar leadership from today's President and Congress.
  H.R. 4228 will not solve every acquisition problem that DHS has, but 
it is a first step in forcing DHS to hold its acquisition programs 
accountable. This bill will help find cost savings through better 
management policies and strategies.
  This is essential if our government is ever going to climb out of the 
$17.5 trillion worth of debt. It starts one good decision at a time, 
and DHS can make a difference by improving its acquisition management 
and by thinking more strategically about its acquisition choices. The 
American people deserve nothing less. I urge my colleagues to support 
the bill.
  I will insert in the Record the Congressional Budget Office cost 
estimate.

                                                    U.S. Congress,


                                  Congressional Budget Office,

                                     Washington, DC, May 21, 2014.
     Hon. Michael McCaul,
     Chairman, Committee on Homeland Security, House of 
         Representatives, Washington, DC.
       Dear Mr. Chairman: The Congressional Budget Office has 
     prepared the enclosed cost estimate for H.R. 4228, the DHS 
     Acquisition Accountability and Efficiency Act.
       If you wish further details on this estimate, we will be 
     pleased to provide them. The CBO staff contact is Mark 
     Grabowicz.
           Sincerely,
                                             Douglas W. Elmendorf.
       Enclosure.
     H.R. 4228--DHS Acquisition Accountability and Efficiency Act
       CBO estimates that implementing H.R. 4228 would cost $1 
     million in 2015 and less than $500,000 in each year 
     thereafter, subject to the availability of appropriated 
     funds. Enacting the legislation would not affect direct 
     spending or revenues; therefore, pay-as-you-go procedures do 
     not apply.
       H.R. 4228 would direct the Department of Homeland Security 
     (DHS) to improve the accountability, transparency, and 
     efficiency of its major acquisition programs. The bill would 
     specify procedures for the department to follow if it fails 
     to meet timelines, cost estimates, or other performance 
     parameters for these programs. In addition, H.R. 4228 would 
     require DHS to prepare a comprehensive report each year on 
     the status of its acquisition program and would direct the 
     Government Accountability Office (GAO) and the DHS Inspector 
     General to review and report on certain issues related to 
     departmental acquisition policies.
       Based on the cost of similar activities, CBO estimates that 
     the new DHS administrative procedures as well as additional 
     reviews and reports by GAO and DHS required by H.R. 4228 
     would cost $1 million in 2015 and less than $500,000 annually 
     thereafter, assuming availability of appropriated funds. CBO 
     expects that DHS will continue to seek to improve its 
     efficiency in acquiring goods and services under current law; 
     we have no basis for estimating any savings in procurement 
     costs that might occur as a result of the bill's directives 
     to the department.
       H.R. 4228 contains no intergovernmental or private-sector 
     mandates as defined in the Unfunded Mandates Reform Act and 
     would impose no costs on state, local, or tribal governments.
       The CBO staff contact for this estimate is Mark Grabowicz. 
     The estimate was approved by Theresa Gullo, Deputy Assistant 
     Director for Budget Analysis.

  Mr. DUNCAN of South Carolina. I reserve the balance of my time.
  Mr. BARBER. Mr. Speaker, I yield myself such time as I may consume.
  I rise in support of H.R. 4228, the DHS Acquisition Accountability 
and Efficiency Act, and I urge the House to pass the bill. As an 
original cosponsor of this legislation, I was very pleased to work with 
my colleague, Congressman Jeff Duncan, who chairs our Oversight 
Subcommittee, and I fully

[[Page 9655]]

support the legislation as yet another product of collaboration between 
Republicans and Democrats on our committee to ensure that the 
Department of Homeland Security succeeds in streamlining its 
acquisitions management process.
  As the ranking member of the House Homeland Security Committee, 
Subcommittee on Oversight and Management Efficiency, I am absolutely 
committed to saving taxpayer money and working to ensure that the 
Department of Homeland Security eliminates waste, fraud, and abuse. We 
must be good stewards of the taxpayers' money, and we must require the 
departments to be the same.
  As a Representative whose district covers 83 miles of Arizona border 
with Mexico, I have seen firsthand the failures of the Department of 
Homeland Security's acquisition processes, and the need for an 
effective and efficient process that gets resources to the agents and 
other DHS employees on the ground.
  They need them to secure our borders, our ports of entry, and our 
Nation. In my district, we have witnessed for far too long many 
acquisitions that did not stand up to scrutiny, cost overruns, and 
money spent in excessive ways that did not meet the end goal.
  If enacted, H.R. 4228 will give the Department the tools to bring 
greater transparency, accountability, and consistency to the 
Department's acquisition process.
  The Department expends almost one-quarter of its overall budget to 
purchase goods and services, with a total of $12.2 billion spent in 
fiscal year 2013 on 85,000 acquisitions. Thus far, in fiscal year 2014, 
the Department has allocated upwards of $4 billion on 27,000 
transactions, with more expenditures to come.
  Since January 2003, the Government Accountability Office has included 
the Department on its high-risk list due to its task of integrating 22 
legacy agencies into one entity. It is still, obviously, a work in 
progress. In its 2013 high-risk update, the GAO cited the Department 
for its failure to adequately overhaul its management challenges, 
including its acquisition process.
  Inefficient management practices and procedures hurt the Department's 
ability to effectively and efficiently achieve its mission and keep 
America safe. In spite of the Department's agreement with the 
Government Accountability Office's findings, the Department has yet to 
fully improve its management functions, and as a result, the Department 
remains on the high-risk list.
  According to the GAO, the Department's acquisitions costs increased 
from $19.7 billion in 2008 to $52.2 billion in 2011, representing an 
increase of 166 percent in 16 major acquisitions programs.
  In response, H.R. 4228 will assist the Department in better managing 
its acquisitions management process by directing individual component 
agencies to follow the Department's rules for acquisitions and assure 
that resources are spent as intended.
  This legislation also will address the Department's ongoing 
management challenges by implementing a process to alert Congress 
should programs begin to veer over budget and off schedule.
  H.R. 4228 will make sure that, for the first time, the Department as 
a whole takes part in the acquisition review board process, a process 
that brings officials from across the entire Department together to 
monitor Department acquisitions.
  It will help DHS in achieving another needed reform, the need for a 
stable, well-trained acquisitions workforce across all component 
agencies.
  Furthermore, H.R. 4228 will ensure that small businesses are able to 
fairly compete for contracting opportunities. Making the Department of 
Homeland Security's acquisitions process more efficient and effective 
will absolutely save taxpayers money and allow the Department to more 
effectively accomplish its mission of protecting the Nation.
  I urge my colleagues to support this bipartisan piece of legislation.
  I reserve the balance of my time.
  Mr. DUNCAN of South Carolina. Mr. Speaker, I thank the ranking member 
for all of his efforts to help get this bill passed out of committee. 
It was a truly bipartisan effort. I know he was rushed to get here from 
a flight from Arizona, but I am glad he was able to participate today.
  Mr. Speaker, I yield such time as he may consume to the gentleman 
from Texas (Mr. Carter), the chairman of the Homeland Security 
Appropriations Subcommittee.
  Mr. CARTER. I thank the gentleman for yielding.
  Mr. Speaker, as cosponsor of this bill and chairman of the 
Appropriations Committee Subcommittee on Homeland Security, I rise in 
strong support of H.R. 4228.
  Over this past year, I have aggressively called for a reform agenda 
to address the evolving needs of DHS. This bill tackles one of the most 
urgent, the need to reform DHS acquisitions. These reforms are much 
needed and long overdue. I sincerely appreciate Chairman McCaul's and 
subcommittee Chairman Duncan's collaboration on this effort.
  I urge a ``yes'' vote.
  Mr. BARBER. Mr. Speaker, I yield myself such time as I may consume.
  A lot is said over and over again about how Congress cannot find 
common ground. With this piece of legislation, we truly have shown that 
is possible. In fact, I would go on to say, Mr. Speaker, that our 
committee works in a very bipartisan manner. I am proud to be a member 
of a collaborative group who are interested in securing the homeland.
  I was very pleased to work with Chairman Duncan, who chairs the House 
Oversight and Management Subcommittee, on this very important piece of 
legislation. In order for the Department of Homeland Security to better 
achieve its mission of securing our Nation, it must have efficient and 
effective management practices in place, and this legislation gives the 
Department the tools needed to bring greater transparency, 
accountability, and consistency to its acquisition process and to make 
sure that it reports accurately and timely to Congress on its progress.
  Mr. Speaker, I urge my colleagues to support this bill.
  I yield back the balance of my time.
  Mr. DUNCAN of South Carolina. Mr. Speaker, I yield myself such time 
as he may consume to the gentleman from Montana (Mr. Daines).

                              {time}  1830

  Mr. DAINES. Mr. Speaker, I rise in support of H.R. 4228, the DHS 
Acquisition Accountability and Efficiency Act.
  As the vice chairman of the Oversight and Management Efficiency 
Subcommittee, I am proud to join Chairman Duncan in sponsoring this 
most important legislation, which works to improve efficiency at DHS 
and improve accountability to hardworking American taxpayers.
  The DHS acquisition process has long faced problems resulting in 
waste, delays, and mismanaged taxpayer dollars. This is simply 
unacceptable. American taxpayers deserve better from their government. 
Through increased accountability, transparency, and improved 
collaboration with the private sector, this bill works to address these 
problems and bring accountability to DHS.
  This legislation adopts commonsense, private sector principles, like 
developing incentives for program managers and senior Department 
acquisition officials to prevent cost overruns, avoid scheduled delays, 
and achieve cost savings in major acquisition programs.
  It is long past time we move away from the government agency ``spend 
it or lose it'' budgeting tactic. This legislation could serve as a 
pilot program for adopting this principle across other agencies.
  I urge a ``yes'' vote.
  Mr. DUNCAN of South Carolina. Mr. Speaker, I don't have any further 
speakers. I want to urge the adoption of this bipartisan bill to 
provide the necessary reforms to DHS' acquisition process.
  I yield back the balance of my time.
  Mr. McCAUL. Mr. Speaker, I rise in support of H.R. 4228, the ``DHS 
Acquisition Accountability and Efficiency Act,'' which was developed 
and introduced by the gentleman from

[[Page 9656]]

South Carolina, the Chairman of the Subcommittee on Oversight & 
Management Efficiency, Jeff Duncan.
  Since its inception, DHS has faced significant management challenges 
and the Government Accountability Office continues to include DHS 
management on its ``High Risk List'' of areas vulnerable to waste, 
fraud, abuse, and mismanagement.
  Over the course of several years, the Committee on Homeland Security 
has conducted extensive oversight of DHS management and acquisition 
practices. At the start of the Congress, the Committee pledged to 
manage DHS with a business-model approach and we are.
  Last year, the House passed H.R. 2719, the ``Transportation Security 
Acquisition Reform Act'' to improve TSA technology acquisition programs 
and today's bill builds upon that effort with cost savings through 
better management policies and strategies across the Department. While 
I'm encouraged by a recent memo from Secretary Johnson to his DHS 
leadership team calling for greater component agency collaboration and 
accountability, more work is still needed.
  H.R. 4228 safeguards taxpayer dollars, increases accountability for 
DHS's big-ticket acquisition purchases, and takes important steps to 
improve communication with industry to ensure DHS is fully leveraging 
the private sector to protect the homeland.
  I appreciate the hard work of my colleagues on the Committee and I'd 
like to especially thank the gentleman from South Carolina, Mr. Duncan, 
and the gentleman from Arizona, Mr. Barber for the bipartisan approach 
that they took in crafting this important piece of legislation, and the 
collaborative, deliberative process they followed to bring it to the 
floor.
  There are many more opportunities for cost savings at DHS and through 
continued oversight, investigations and legislation, my Committee will 
continue to find them and present solutions. Taxpayers deserve no less.
  I urge all my colleagues to join us in passing this vital piece of 
legislation that will further protect our Nation and the American 
taxpayer.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Texas (Mr. Smith) that the House suspend the rules and 
pass the bill, H.R. 4228, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________