,,ii #aaeth ,,congress #ast ,session ,s4 #ijb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #g1 #bjag,mrs4 ,mc,caskill 7for herself and ,mr4 ,daines7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to amend the ,homeland ,security ,act of #bjjb to provide for certain acquisition authorities for the ,under ,secretary of ,management of the ,department of ,homeland ,security1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,,dhs ,acquisition ,authorities ,act of #bjag4 #b4 ,acquisition authorities for ,under ,secretary for ,management of the ,department of ,homeland ,security ,section #gja of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cda7 is amended by-- 7#a7 redesignating subsections 7d7 and 7e7 as subsections 7e7 and 7f71 respectively2 and 7#b7 inserting after subsection 7c7 the following3 7d7 ,acquisition and related responsibilities 7#a7 ,definitions ,in this subsection1 the terms acquisition1 acquisition decision authority1 acquisition program baseline1 best practices1 ,component ,acquisition ,executive1 and major acquisition program shall have the meanings given those terms in section #gaj4 7#b7 ,chief ,acquisition ,officer 7,a7 ,in general ,notwithstanding section #agjb7;b7 of title #da1 ,united ,states ,code1 the ,under ,secretary for ,management is the ,chief ,acquisition ,officer of the ,department4 7,b7 ,authorities ,the ,under ,secretary for ,management shall-- 7i7 have the authorities and perform the functions specified in section #agjb7;b7 of title #da1 ,united ,states ,code2 and 7ii7 perform all other functions and responsibilities delegated by the ,secretary or described in this subsection4 7#c7 ,functions and responsibilities ,in addition to the authorities and functions specified in section #agjb7;b7 of title #da1 ,united ,states ,code1 the functions and responsibilities of the ,under ,secretary for ,management related to acquisition shall include the following3 7,a7 ,advising the ,secretary regarding acquisition management activities1 taking into account risks of failure to achieve cost1 schedule1 or performance parameters1 to ensure that the ,department achieves the mission of the ,department through the adoption of widely accepted program management best practices and standards and1 where appropriate1 acquisition innovation best practices4 7,b7 ,leading an acquisition review board within the ,department and exercising the acquisition decision authority to approve1 pause1 modify 7including the rescission of approvals of program milestones71 or cancel major acquisition programs1 unless the ,under ,secretary delegates such authority to a ,component ,acquisition ,executive in accordance with paragraph 7#d74 7,c7 ,establishing policies for acquisition that implement an approach that takes into account risks of failure to achieve cost1 schedule1 or performance parameters that all components of the ,department shall comply with1 including outlining relevant authorities for program managers to effectively manage acquisition programs4 7,d7 ,ensuring that each major acquisition program has a ,department-approved acquisition program baseline1 pursuant to the acquisition management policy of the ,department4 7,e7 ,ensuring that the heads of components and ,component ,acquisition ,executives comply with ,federal law1 the ,federal ,acquisition ,regulation1 and ,department acquisition management directives4 7,f7 ,ensuring that grants and financial assistance are provided only to individuals and organizations that are not suspended or debarred4 7,g7 ,distributing guidance throughout the ,department to ensure that contractors involved in acquisitions1 particularly contractors that access the information systems and technologies of the ,department1 adhere to relevant ,department policies related to physical and information security as identified by the ,under ,secretary for ,management4 7,h7 ,overseeing the ,component ,acquisition ,executive organizational structure to ensure ,component ,acquisition ,executives have sufficient capabilities and comply with ,department acquisition policies4 7#d7 ,delegation of acquisition decision authority 7,a7 ,level #c 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 #cjj1jjj1jjj4 7,b7 ,level #b 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 not less than #cjj1jjj1jjj nor more than #a1jjj1jjj1jjj if all of the following requirements are met3 7i7 ,the component concerned possesses working policies1 processes1 and procedures that are consistent with ,department-level acquisition policy4 7ii7 ,the ,component ,acquisition ,executive concerned has adequate1 experienced1 and dedicated professional employees with program management training1 as applicable1 commensurate with the size of the acquisition programs and related activities delegated to such ,component ,acquisition ,executive by the ,under ,secretary for ,management4 7iii7 ,each major acquisition program concerned has written documentation showing that the major acquisition program-- 7,i7 has a ,department-approved acquisition program baseline2 and 7,,ii7 is meeting agreed-upon cost1 schedule1 and performance thresholds4 7#e7 ,relationship to ,under ,secretary for ,science and ,technology 7,a7 ,in general 7i7 ,rule of construction ,nothing in this subsection shall be construed to diminish the authority granted to the ,under ,secretary for ,science and ,technology under this ,act4 7ii7 ,cooperation ,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 are able to support current and future requirements of the components of the ,department4 7,b7 ,operational testing and evaluation ,the ,under ,secretary for ,science and ,technology shall-- 7i7 ensure1 in coordination with relevant component heads1 that major acquisition programs-- 7,i7 complete operational testing and evaluation of technologies and systems2 7,,ii7 use independent verification and validation of operational test and evaluation implementation and results2 and 7,,iii7 document whether such programs meet all performance requirements included in their acquisition program baselines2 7ii7 ensure that the operational testing and evaluation required under clause 7i77,i7 includes all system components and incorporates operators into the testing to ensure that systems perform as intended in the appropriate operational setting2 and 7iii7 determine if testing conducted by other ,federal agencies and private entities is relevant and sufficient in determining whether systems perform as intended in the operational setting4 4 #c4 ,acquisition authorities for ,chief ,financial ,officer of the ,department of ,homeland ,security ,section #gjb7;b77#b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cdb7;b77 is amended by adding at the end the following3 7,j7 ,oversee the costs of acquisition programs and related activities to ensure that actual and planned costs are in accordance with budget estimates and are affordable1 or can be adequately funded1 over the life cycle of such programs and activities4 4 #d4 ,acquisition authorities for ,chief ,information ,officer of the ,department of ,homeland ,security ,section #gjc of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cdc7 is amended-- 7#a7 by redesignating subsection 7b7 as subsection 7c72 and 7#b7 by inserting after subsection 7a7 the following3 7b7 ,acquisition responsibilities ,notwithstanding section #aacae of title #dj1 ,united ,states ,code1 the acquisition responsibilities of the ,chief ,information ,officer1 in consultation with the ,under ,secretary for ,management1 shall include the following3 7#a7 ,oversee the management of the ,homeland ,security ,enterprise ,architecture and ensure that1 before each acquisition decision event 7as defined in section #gaj71 approved information technology acquisitions comply with departmental information technology management processes1 technical requirements1 and the ,homeland ,security ,enterprise ,architecture1 and in any case in which information technology acquisitions do not comply with the management directives of the ,department1 make recommendations to an acquisition review board within the ,department regarding such noncompliance4 7#b7 ,be responsible for providing recommendations to an acquisition review board within the ,department regarding information technology programs1 and be responsible for developing information technology acquisition strategic guidance4 4 #e4 ,acquisition authorities for ,program ,accountability and ,risk ,management 7,,parm7 7a7 ,in general ,title ,,vii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cda et seq47 is amended by adding at the end the following3 #gaj4 ,acquisition authorities for ,program ,accountability and ,risk ,management 7a7 ,definitions ,in this section3 7#a7 ,acquisition ,the term acquisition has the meaning given the term in section #aca of title #da1 ,united ,states ,code4 7#b7 ,acquisition decision authority ,the term acquisition decision authority means the authority1 held by the ,secretary acting through the ,deputy ,secretary or ,under ,secretary for ,management to-- 7,a7 ensure compliance with ,federal law1 the ,federal ,acquisition ,regulation1 and ,department acquisition management directives2 7,b7 review 7including approving1 pausing1 modifying1 or canceling7 an acquisition program through the life cycle of the program2 7,c7 ensure that acquisition program managers have the resources necessary to successfully execute an approved acquisition program2 7,d7 ensure good acquisition program management of cost1 schedule1 risk1 and system performance of the acquisition program at issue1 including assessing acquisition program baseline breaches and directing any corrective action for such breaches2 and 7,e7 ensure that acquisition program managers1 on an ongoing basis1 monitor cost1 schedule1 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 to avoid and mitigate acquisition program baseline breaches4 7#c7 ,acquisition decision event ,the term acquisition decision event1 with respect to an acquisition program1 means a predetermined point within each of the acquisition phases at which the acquisition decision authority determines whether the acquisition program shall proceed to the next acquisition phase4 7#d7 ,acquisition program ,the term acquisition program means the process by which the ,department acquires1 with any appropriated amounts1 by contract for purchase or lease1 property or services 7including construction7 that support the missions and goals of the ,department4 7#e7 ,acquisition program baseline ,the term acquisition program baseline1 with respect to an acquisition program1 means a summary of the cost1 schedule1 and performance parameters1 expressed in standard1 measurable1 quantitative terms1 which must be met in order to accomplish the goals of such program4 7#f7 ,best practices ,the term best practices1 with respect to acquisition1 means a knowledge-based approach to capability development that includes-- 7,a7 identifying and validating needs2 7,b7 assessing alternatives to select the most appropriate solution2 7,c7 clearly establishing well-defined requirements2 7,d7 developing realistic cost assessments and schedules2 7,e7 securing stable funding that matches resources to requirements2 7,f7 demonstrating technology1 design1 and manufacturing maturity2 7,g7 using milestones and exit criteria or specific accomplishments that demonstrate progress2 7,h7 adopting and executing standardized processes with known success across programs2 7,i7 establishing an adequate workforce that is qualified and sufficient to perform necessary functions2 and 7,j7 integrating the capabilities described in subparagraphs 7,a7 through 7,i7 into the mission and business operations of the ,department4 7#g7 ,breach ,the term breach1 with respect to a major acquisition program1 means a failure to meet any cost1 schedule1 or performance threshold specified in the most recently approved acquisition program baseline4 7#h7 ,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 ,management1 in consultation with the component head1 with authority and responsibility for leading a process and staff to provide acquisition and program management oversight1 policy1 and guidance to ensure that statutory1 regulatory1 and higher level policy requirements are fulfilled1 including compliance with ,federal law1 the ,federal ,acquisition ,regulation1 and ,department acquisition management directives established by the ,under ,secretary for ,management4 7#i7 ,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 not less than #cjj1jjj1jjj 7based on fiscal year #bjag constant dollars7 over the life cycle cost of the acquisition program4 7b7 ,establishment of ,office ,there shall be a ,program ,accountability and ,risk ,management ,office within the ,management ,directorate of the ,department to-- 7#a7 provide consistent accountability1 standardization1 and transparency of major acquisition programs of the ,department2 and 7#b7 serve as the central oversight function for all ,department acquisition programs4 7c7 ,responsibilities of ,executive ,director 7#a7 ,in general ,the ,program ,accountability and ,risk ,management ,office shall be led by an ,executive ,director to oversee the requirements under subsection 7b74 7#b7 ,responsibilities ,the ,executive ,director shall report directly to the ,under ,secretary for ,management and carry out the following responsibilities3 7,a7 ,monitor regularly the performance of ,department acquisition programs between acquisition decision events to identify problems with cost1 performance1 or schedule that components may need to address to prevent cost overruns1 performance issues1 or schedule delays4 7,b7 ,assist the ,under ,secretary for ,management in managing the acquisition programs and related activities of the ,department4 7,c7 ,conduct oversight of individual acquisition programs to implement ,department acquisition program policy1 procedures1 and guidance with a priority on ensuring the data the office collects and maintains from ,department components is accurate and reliable4 7,d7 ,serve as the focal point and coordinator for the acquisition life cycle review process and as the executive secretariat for an acquisition review board within the ,department4 7,e7 ,advise the persons having acquisition decision authority in making acquisition decisions consistent with all applicable laws and in establishing clear lines of authority1 accountability1 and responsibility for acquisition decision making within the ,department4 7,f7 ,engage in the strategic planning and performance evaluation process required under section #cjf of title #e1 ,united ,states ,code1 and sections #aaje7;a77#bh71 #aaae1 #aaaf1 and #igjc of title #ca1 ,united ,states ,code1 by supporting the ,chief ,procurement ,officer in developing strategies and specific plans for hiring1 training1 and professional development in order to rectify any deficiency within the ,department's acquisition workforce4 7,g7 ,develop standardized certification standards in consultation with the ,component ,acquisition ,executives for all acquisition program managers4 7,h7 ,in the event that an acquisition program manager's certification or actions need review for purposes of promotion or removal1 provide input1 in consultation with the relevant ,component ,acquisition ,executive1 into the relevant acquisition program manager's performance evaluation1 and report positive or negative experiences to the relevant certifying authority4 7,i7 ,provide technical support and assistance to ,department acquisitions and acquisition personnel in conjunction with the ,chief ,procurement ,officer4 7,j7 ,prepare the ,comprehensive ,acquisition ,status ,report of the ,department1 as required by division ,f of the ,consolidated ,appropriations ,act1 #bjaf 7,public ,law #aad-aac71 and make such report available to the appropriate committees of ,congress 7as defined in section #bbf of this ,act74 7d7 ,responsibilities of components 7#a7 ,in general ,each head of a component shall comply with ,federal law1 the ,federal ,acquisition ,regulation1 and acquisition management directives of the ,department established by the ,under ,secretary for ,management4 7#b7 ,requirements ,for each major acquisition program1 each head of a component shall-- 7,a7 define baseline requirements and document changes to such requirements1 as appropriate2 7,b7 establish a complete life cycle cost estimate with supporting documentation1 including an acquisition program baseline2 7,c7 verify each life cycle cost estimate against independent cost estimates1 and reconcile any differences2 7,d7 complete a cost-benefit analysis with supporting documentation2 7,e7 develop and maintain a schedule that is consistent with scheduling best practices as identified by the ,comptroller ,general of the ,united ,states1 including1 in appropriate cases1 an integrated master schedule2 and 7,f7 ensure that all acquisition program information provided by the component is complete1 accurate1 timely1 and valid4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja et seq47 is amended by inserting after the item relating to section #gji the following3 ,sec4 #gaj4 ,acquisition authorities for ,program ,accountability and ,risk ,management4 4