Sec. 331. Congressional notification for major acquisition programs
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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: If a breach (as such term is defined in section 830) 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, the Executive Director of the Program Accountability and Risk Management office, and the Under Secretary for Management in writing not later than 30 days after such breach is identified.
If a breach occurs, or is expected to occur, in a major acquisition program and such breach results in an increase greater than 15 percent of a cost threshold, a delay greater than 180 days of a schedule threshold, or a failure to meet any of the performance thresholds specified in the most recently approved acquisition program baseline for such program, the Component Acquisition Executive for such program shall notify the Secretary in writing not later than five days after the Component Acquisition Executive for such program is notified of the breach pursuant to subparagraph (A).
If a notification to the Secretary is made under subsection
(B)relating to a breach in a major acquisition program, the Under Secretary for Management shall notify the congressional homeland security committees (as such term is defined in section 830) of such breach in writing not later than 30 days after the notification is made to the Secretary. 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 a program, submit to the head of the component concerned, the Executive Director of the Program Accountability and Risk Management office, and the Under Secretary for Management in writing a remediation plan and root cause analysis relating to such breach and program. Such plan and analysis shall be submitted at a date established at the discretion of the Under Secretary for Management. The remediation plan required under this subparagraph
(A)shall— explain the circumstances of the breach at issue; include a root cause analysis that determines the underlying cause or causes of the breach, including the role, if any, of— 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 to the scope of such program; inadequate program funding or changes in planned out-year funding from one 5-year funding plan to the next 5-year funding plan as outlined in the Future Years Homeland Security Program required under section 874; legislative, legal, or regulatory changes; inadequate program management personnel, including lack of sufficient number of staff, training, credentials, certifications; or inadequate assessment or mitigation of program risk; propose corrective action to address the underlying cause or causes of the breach as identified in clause (ii); explain the rationale for why a proposed corrective action is recommended compared to other options considered; and identify the estimated impact on program cost, schedule, and performance goals of implementing the proposed corrective action, and the extent to which funding from other programs will need to be reduced to cover the cost growth of such program. The Under Secretary for Management shall review the remediation plan required under paragraph (2). The Under Secretary may approve such plan or provide an alternative proposed corrective action, including cancelling the program, within 30 days of the submission of such plan under such paragraph. Programs that submit a breach notification to the Secretary pursuant to subsection (a)(1)(B) shall pause all activities other than those necessary to develop the remediation plan required under subsection (a)(2)(B) until the Under Secretary for Management approves such a plan or provides alternative corrective actions for the program. The Under Secretary for Management shall document the result of the review required under subparagraph
(A)in an acquisition decision memorandum. If the program is approved to continue, the Under Secretary for Management shall certify in the acquisition decision memorandum that— such program is essential to the accomplishment of the Department’s mission; there are no alternatives to the capability or asset provided by such program that will provide equal or greater capability in both a more cost-effective and timely manner; the estimated impact on program cost, schedule, and performance goals of implementing the proposed corrective action are reasonable; and the management structure for such program is adequate to manage and control cost, schedule, and performance. Not later than 30 days after the review required under subparagraph
(A)is completed, the Under Secretary for Management shall submit to the congressional homeland security committees a copy of the remediation plan and the root cause analysis required under paragraph (2). . The table of contents in section 1(b) of such Act is further amended by inserting after the item relating to section 838 the following new item: Sec. 839. Congressional notification and other requirements for major acquisition program breach. .
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Sec. 331
Congressional notification for major acquisition programs
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