[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6861 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 6861
To amend the Homeland Security Act of 2002 to provide for congressional
notification regarding major acquisition program breaches, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 28, 2022
Mr. Clyde (for himself, Mr. Katko, Mr. Guest, Mr. LaMalfa, Mrs.
Harshbarger, and Mr. Higgins of Louisiana) introduced the following
bill; which was referred to the Committee on Homeland Security
_______________________________________________________________________
A BILL
To amend the Homeland Security Act of 2002 to provide for congressional
notification regarding major acquisition program breaches, and for
other purposes.
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 ``Reducing Costs of DHS Acquisitions
Act''.
SEC. 2. CONGRESSIONAL NOTIFICATION FOR MAJOR ACQUISITION PROGRAM
BREACH.
(a) Definitions.--
(1) In general.--Subtitle D of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 391 et seq.) is amended by
inserting before section 831 the following new section:
``SEC. 830. DEFINITIONS.
``In this subtitle:
``(1) Acquisition.--The term `acquisition' has the meaning
given such term in section 131 of title 41, United States Code.
``(2) Acquisition decision authority.--The term
`acquisition decision authority' means the authority, in
addition to the authorities and functions specified in
subsection (b) of section 1702 of title 41, United States Code,
held by the Secretary acting through the Under Secretary for
Management to--
``(A) ensure compliance with Federal law, the
Federal Acquisition Regulation, and Department
acquisition management directives;
``(B) review (including approving, pausing,
modifying, or canceling) an acquisition program
throughout the life-cycle of such program;
``(C) ensure that acquisition program managers have
the resources necessary to successfully execute an
approved acquisition program;
``(D) ensure appropriate acquisition program
management of cost, schedule, risk, and system or
service performance of the acquisition program at
issue, including assessing acquisition program baseline
breaches and directing any corrective action for such
breaches;
``(E) ensure that acquisition program managers, on
an ongoing basis, monitor cost, schedule, and
performance against established baselines and use tools
to assess risks to an acquisition program at all phases
of the life-cycle of such program; and
``(F) establish policies and procedures for major
acquisition programs of the Department.
``(3) Acquisition decision memorandum.--The term
`acquisition decision memorandum', with respect to an
acquisition, means the official documented record of decisions,
including the rationale for such decisions and any assigned
actions for such acquisition, as determined by the individual
exercising acquisition decision authority for such acquisition.
``(4) Acquisition program.--The term `acquisition program'
means the conceptualization, initiation, design, development,
test, contracting, production, deployment, logistics support,
modification, or disposal of systems, supplies, or services
(including construction) to satisfy the Department's needs.
``(5) Acquisition program baseline.--The term `acquisition
program baseline', with respect to an acquisition program,
means the cost, schedule, and performance parameters, expressed
in standard, measurable, quantitative terms, which shall be
satisfied to accomplish the goals of such program.
``(6) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(A) the Committee on Homeland Security and the
Committee on Appropriations of the House of
Representatives and the Committee on Homeland Security
and Governmental Affairs and the Committee on
Appropriations of the Senate; and
``(B) in the case of notice or a report relating to
the Coast Guard or the Transportation Security
Administration, the committees specified in
subparagraph (A) and the Committee on Transportation
and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation
of the Senate.
``(7) Breach.--The term `breach', with respect to a major
acquisition program, means a failure to satisfy any cost,
schedule, or performance threshold specified in the most
recently approved acquisition program baseline.
``(8) Chief acquisition officer.--The term `Chief
Acquisition Officer' means the Chief Acquisition Officer
pursuant to section 1702 of title 41, United States Code.
``(9) 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.
``(10) Life-cycle cost.--The term `life-cycle cost' means
the total ownership cost of an acquisition, including all
relevant costs related to acquiring, deploying, operating,
maintaining, supporting, and (if applicable) disposing of the
system, project, or product at issue over a specified period of
time.
``(11) Major acquisition program.--The term `major
acquisition program' means a Department capital asset, service,
or hybrid acquisition program that is estimated by the
Secretary to require an eventual total expenditure of at least
$300,000,000 (based on fiscal year 2022 constant dollars) over
the life-cycle cost of the program, or an acquisition program
identified by the Chief Acquisition Officer as a program of
special interest.''.
(2) Clerical amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting before the item relating to section 831 the following
new item:
``Sec. 830. Definitions.''.
(b) Congressional Notification for Major Acquisition Program
Breach.--
(1) 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. CONGRESSIONAL NOTIFICATION AND OTHER REQUIREMENTS FOR MAJOR
ACQUISITION PROGRAM BREACH.
``(a) Notifications Within Department in Event of Breach.--
``(1) Notification of breach.--If a breach occurs, or is
expected to occur, in a major acquisition program, the program
manager for such program shall notify the Component Acquisition
Executive for such program, the head of the component
concerned, and the Executive Director of the Program
Accountability and Risk Management office in writing not later
than 30 calendar days after the date on which such breach is
identified.
``(2) Notification to under secretary.--Not later than five
business days after receipt of a notification pursuant to
paragraph (1), the Component Acquisition Executive for the
major acquisition program at issue shall notify the Under
Secretary for Management in writing of the breach that is the
subject of such notification.
``(3) Pausing activities.--Upon notification to the Under
Secretary under paragraph (2), the major acquisition program
that is the subject of the breach at issue shall pause all
activities relating to such program except those activities
necessary to develop the remediation plan required under
subsection (b) until the Under Secretary for Management
approves such plan or provides alternative corrective actions
for such program pursuant to subsection (c).
``(b) Notification to Congress in Event of Breach.--Not later than
30 days after the date on which a notification to the Under Secretary
for Management is made under subsection (a)(1) relating to a breach in
a major acquisition program, the Under Secretary shall notify in
writing the appropriate committees of Congress of such breach.
``(c) Remediation Plan and Root Cause Analysis.--
``(1) In general.--If a breach occurs, or is expected to
occur, in a major acquisition program, the program manager for
such program shall, in coordination with the Component
Acquisition Executive for such program, submit in writing to
the head of the component concerned, the Executive Director of
the Program Accountability and Risk Management office, and the
Under Secretary for Management, at a date established by the
Under Secretary, a remediation plan and root cause analysis
relating to such breach and program.
``(2) Remediation plan.--The remediation plan required
under subparagraph (A) shall--
``(A) explain the circumstances of the breach at
issue;
``(B) provide prior cost estimating information;
``(C) include a root cause analysis that determines
the underlying cause or causes of such breach,
including--
``(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) 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;
``(vi) legislative, legal, or regulatory
changes;
``(vii) inadequate program management
personnel, including lack of sufficient number
of staff, training, credentials, or
certifications; or
``(viii) inadequate assessment or
mitigation of program risk;
``(C) propose corrective action to address the
underlying cause or causes of the breach identified
pursuant to subparagraph (C);
``(D) explain the rationale for why a proposed
corrective action is recommended compared to other
options considered; and
``(E) identify the estimated impact on program
cost, schedule, or performance goals of implementing
such proposed corrective action, and the extent to
which funding from other acquisition programs would
need to be reduced to cover the cost growth of the
major acquisition program at issue.
``(d) Review of Remediation Plans.--
``(1) In general.--Not later than 30 days after the date on
which the Under Secretary for Management receives a remediation
plan pursuant to subsection (c)(1), the Under Secretary shall
review such plan and either approve such plan for continuation
or provide an alternative proposed corrective action, including
cancelling the major acquisition program at issue.
``(2) Documentation.--
``(A) Acquisition decision memorandum.--The Under
Secretary for Management shall document the review
under paragraph (1) in an acquisition decision
memorandum.
``(B) Program continuation approval.--If the Under
Secretary for Management approves a major acquisition
program pursuant to paragraph (1) for continuation or
alternate proposed corrective action rather than
cancellation, the Under Secretary shall certify in the
acquisition decision memorandum required under
subparagraph (A) that--
``(i) such program is essential to the
mission of the Department;
``(ii) there are no alternatives to the
capability or asset provided by such program
that will provide equal or greater capability
in a more cost-effective and timely manner;
``(iii) the estimated impact on program
cost, schedule, or performance goals are
reasonable of continuing or implementing the
alternative proposed corrective action, as the
case may be; and
``(iv) the management structure for such
program is adequate to manage and control cost,
schedule, or performance.
``(3) Submission to congress.--Not later than 30 days after
the date on which the Under Secretary for Management completes
a review of a remediation plan under paragraph (1), the Under
Secretary shall submit to the appropriate committees of
Congress--
``(A) a copy of such remediation plan; and
``(B) a statement describing the corrective action
or actions in such remediation plan in accordance with
such paragraph for the major acquisition program at
issue, with a justification for each such action in
accordance with paragraph (2).''.
(2) Clerical amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 835 the following
new item:
``Sec. 836. Congressional notification and other requirements for major
acquisition program breach.''.
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