Sec. 301. Congressional notification and other requirements for major acquisition program breach
1,051 words·~5 min read·
/bill/113/hr/4228/ih/section-301A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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: 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. If a major acquisition program has a potential for a breach, notification of the potential breach shall be made to the head of the Component concerned and to the Component Acquisition Executive for the program.
If an actual breach occurs in a major acquisition program, notification of the breach shall be made to the head of the Component concerned, to the Component Acquisition Executive for the program, to the Executive Director referred to in section 709(b) of this Act, and to the Under Secretary for Management. If a major acquisition program has a potential for a breach that is likely to result in a cost overrun greater than 20 percent or a likely delay is greater than 12 months from the costs and schedule described in the acquisition program baseline, within five business days notification of the breach shall be made to the Secretary.
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. 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— explain the circumstances of the breach; provide prior cost estimating information; propose corrective action to control cost growth, schedule delays, or performance issues; 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 explain the rationale for why the proposed corrective action is recommended.
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: Unrealistic performance expectations. Unrealistic baseline estimates for cost or schedule or changes in program requirements. Immature technologies or excessive manufacturing or integration risk. Unanticipated design, engineering, manufacturing, or technology integration issues arising during program performance.
Changes in procurement quantities. 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. Legislative, legal, or regulatory changes. Inadequate program management personnel, including lack of training, credentials, certifications, or use of best practices. 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:
The breach has been corrected and the program is again in compliance with the revised acquisition program baseline parameters. A revised acquisition program baseline has been approved. The program has been halted or cancelled. 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 of the acquisition program baseline, or with a schedule delay of more than 180 days in the delivery schedule specified 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).
If a likely cost overrun is greater than 20 percent or a likely delay is greater than 12 months from the costs and schedule described 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— the acquisition is essential to the accomplishment of the Department’s mission; 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; the new acquisition schedule and estimates for total acquisition cost are reasonable; and the management structure for the acquisition program is adequate to manage and control performance, cost, and schedule.
Not later than 90 business days after submission to such committees of a breach notification under paragraph
(1)for a major acquisition program, the Under Secretary for Management shall submit to such committees the following: A copy of the remediation plan and the root cause analysis prepared under subsection (b)(2) for the program. A statement describing the action or actions that have occurred pursuant to subsection (b)(3) for the program, with a justification for the action or actions. If a notification is made under subsection (b)(1)(B) for a breach that is in a major acquisition program, funds appropriated for the major acquisition program shall not be obligated until the Under Secretary for Management submits the certification with respect to the program described in paragraph
(3)to the congressional homeland security committees. For purposes of paragraph (1), the certification described in this paragraph is a certification that— 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 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. . 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. .
Connectionstraces to 2
Traces to 2 documents
Citation graph
cites case law
Sec. 301
Congressional notification and other requirements for major acquisition program breach
Cites 2Cited by 0 across 0 sources