Sec. 405. 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. ), as amended by this Act, is further amended by adding at the end the following new section: 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, the Executive Director of the Program Accountability and Risk Management office, and the Under Secretary for Management (in this section referred to as the Under Secretary ) in writing not later than 30 days after such breach is identified.
If such a breach occurs, or is expected to occur, with respect to 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 subsection (a).
Upon notification to the Secretary under subparagraph (A), such program shall pause all activities except those activities necessary to develop the remediation plan required under subsection
(b)until the Under Secretary approves such a plan or provides alternative corrective actions for the program pursuant to subsection (c). Not later than 30 days after the date on which the Secretary receives a notification under paragraph (2)(A), the Secretary, acting through the Under Secretary, shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate such notification. 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 a remediation plan relating to such a breach. Such plan shall be submitted at a date established at the discretion of the Under Secretary. The remediation plan required under paragraph
(1)shall— explain the circumstances of the breach at issue; include a root cause analysis that determines the underlying cause of such a breach, including— 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 subparagraph (B); 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. Not later than 30 days after the date on which the Under Secretary receives a remediation plan pursuant to subsection (b)(1), the Under Secretary shall review such plan and either approve such plan or provide an alternative proposed corrective action, including cancelling the program at issue. — The Under Secretary shall document the review under paragraph
(1)in an acquisition decision memorandum. If the Under Secretary approves a program pursuant to paragraph
(1)for continuation, the Under Secretary shall certify in the acquisition decision memorandum required under subparagraph
(A)that— such program is essential to the accomplishment of the mission of the Department; 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 date on which the Under Secretary completes the review required under subsection (c), the Under Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a copy of the remediation plan required under subsection
(b)and the acquisition decision memorandum required under subsection (c). . The table of contents in section 1(b) of such Act, as amended by this 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. 405
Congressional notification for major acquisition programs
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