,,ib ,union ,calendar ,no4 #adh #aafth ,,congress #ast ,session ,h4 ,r4 #cdac ,report ,no4 #aaf-aij ,,in ,,the ,,house ,,of ,,representatives ,june #ba1 #bjai ,mr4 ,crenshaw introduced the following bill2 which was referred to the ,committee on ,homeland ,security ,august #cj1 #bjai;,additional sponsors3 ,mr4 ,rogers of ,alabama and ,mr4 ,hagedorn ,august #cj1 #bjai ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed ,strike out all after the enacting clause and insert the part printed in italic ,for text of introduced bill1 see copy of bill as introduced on ,june #ba1 #bjai ,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 ,reform ,act of #bjai4 #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 subsection 7d71 the first subsection 7e7 7relating to the system for award management consultation71 and the second subsection 7e7 7relating to the definition of interoperable communications7 as subsections 7e71 7f71 and 7g71 respectively2 and 7#b7 inserting after subsection 7c7 the following new subsection3 7d7 ,acquisition and related responsibilities 7#a7 ,in general ,notwithstanding section #agjb7;a7 of title #da1 ,united ,states ,code1 the ,under ,secretary for ,management is the ,chief ,acquisition ,officer of the ,department4 ,as ,chief ,acquisition ,officer1 the ,under ,secretary shall have the authorities and perform the functions specified in such section #agjb7;b71 and perform all other functions and responsibilities delegated by the ,secretary or described in this subsection4 7#b7 ,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 7as such term is defined in section #gaa7 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 its mission through the adoption of widely accepted program management best practices 7as such term is defined in section #gaa7 and standards and1 where appropriate1 acquisition innovation best practices4 7,b7 ,leading the ,department's acquisition oversight body1 the ,acquisition ,review ,board4 7,c7 ,exercising the acquisition decision authority 7as such term is defined in section #gaa7 to approve1 pause1 modify 7including the rescission of approvals of program milestones71 or cancel major acquisition programs 7as such term is defined in section #gaa71 unless the ,under ,secretary delegates such authority to a ,component ,acquisition ,executive 7as such term is defined in section #gaa7 pursuant to paragraph 7#c74 7,d7 ,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 programs 7as such term is defined in section #gaa74 7,e7 ,ensuring that each major acquisition program has a ,department-approved acquisition program baseline 7as such term is defined in section #gaa71 pursuant to the ,department's acquisition management policy4 7,f7 ,assisting the heads of components and ,component ,acquisition ,executives in efforts to comply with ,federal law1 the ,federal ,acquisition ,regulation1 and ,department acquisition management directives4 7,g7 ,ensuring that grants and financial assistance are provided only to individuals and organizations that are not suspended or debarred4 7,h7 ,distributing guidance throughout the ,department to ensure that contractors involved in acquisitions1 particularly contractors that access the ,department's information systems and technologies1 adhere to relevant ,department policies related to physical and information security as identified by the ,under ,secretary for ,management4 7,i7 ,overseeing the ,component ,acquisition ,executive organizational structure to ensure ,component ,acquisition ,executives have sufficient capabilities and comply with ,department acquisition policies4 7#c7 ,delegation of certain acquisition decision authority 7,a7 ,level #c acquisitions ,the ,under ,secretary for ,management may delegate acquisition decision authority 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 at least #cjj1jjj but not 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 it has a ,department-approved acquisition program baseline and it is meeting agreed-upon cost1 schedule1 and performance thresholds4 7,c7 ,level #a acquisitions ,the ,under ,secretary for ,management may delegate acquisition decision authority in writing to the relevant ,component ,acquisition ,executive for a ,level #a major acquisition program that has a life cycle cost estimate of more than #a1jjj1jjj1jjj if all of the following requirements are met3 7i7 ,the ,undersecretary for ,management conducts a risk assessment of the planned acquisition and determines that it is appropriate to delegate authority for such major acquisition program4 7ii7 ,the component concerned possesses working policies1 processes1 and procedures that are consistent with ,department-level acquisition policy4 7iii7 ,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 7iv7 ,each ,level #a major acquisition program concerned has written documentation showing that it has a ,department-approved acquisition program baseline and it is meeting agreed-upon cost1 schedule1 and performance thresholds4 7v7 ,the ,under ,secretary for ,management provides written notification to the appropriate congressional committees of the decision to delegate the authority to the relevant ,component ,acquisition ,executive4 7#d7 ,relationship to ,under ,secretary for ,science and ,technology 7,a7 ,in general ,nothing in this subsection shall diminish the authority granted to the ,under ,secretary for ,science and ,technology under this ,act4 ,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 systems to be acquired or developed by major acquisition programs to assess operational effectiveness1 suitability1 and cybersecurity2 7,,ii7 use independent verification and validation of operational test and evaluation implementation and results1 as appropriate2 and 7,,iii7 document whether such programs meet all performance requirements included in their acquisition program baselines2 7ii7 ensure that such operational testing and evaluation 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 departments and 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 ,paragraph 7#b7 of section #gjb7;b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cdb7;b77 is amended by-- 7#a7 redesignating subparagraph 7,i7 as subparagraph 7,j72 and 7#b7 inserting after subparagraph 7,h7 the following new subparagraph3 7,i7 ,oversee the costs of acquisition programs 7as such term is defined in section #gaa7 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 following new subsection3 7b7 ,acquisition responsibilities ,in addition to the responsibilities specified in 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 ,overseeing the management of the ,homeland ,security ,enterprise ,architecture and ensuring that1 before each acquisition decision event 7as such term is defined in section #gaa71 approved information technology acquisitions comply with any departmental information technology management requirements1 security protocols1 and the ,homeland ,security ,enterprise ,architecture1 and in any case in which information technology acquisitions do not comply with the ,department's management directives1 making recommendations to the ,department's ,acquisition ,review ,board regarding such noncompliance4 7#b7 ,providing recommendations to the ,acquisition ,review ,board regarding information technology programs1 and developing information technology acquisition strategic guidance4 4 #e4 ,acquisition authorities for ,under ,secretary of ,strategy1 ,policy1 and ,plans ,subsection 7c7 of section #gji of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cdi7 is amended by-- 7#a7 redesignating paragraphs 7#d7 through 7#g7 as 7#e7 through 7#h71 respectively2 and 7#b7 inserting after paragraph 7#c7 the following new paragraph3 7#d7 ensure acquisition programs 7as such term is defined in section #gaa7 support the ,,dhs ,quadrennial ,homeland ,security ,review ,report1 the ,,dhs ,strategic ,plan1 the ,,dhs ,strategic ,priorities1 and other appropriate successor documents2 4 #f4 ,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 following new section3 #gaa4 ,acquisition authorities for ,program ,accountability and ,risk ,management 7a7 ,establishment of ,office ,within the ,management ,directorate1 there shall be a ,program ,accountability and ,risk ,management office to-- 7#a7 provide consistent accountability1 standardization1 and transparency of major acquisition programs of the ,department2 7#b7 serve as the central oversight function for all ,department major acquisition programs2 and 7#c7 provide review and analysis of ,department acquisition programs1 as appropriate4 7b7 ,responsibilities of ,executive ,director ,the ,program ,accountability and ,risk ,management office shall be led by an ,executive ,director to oversee the requirements specified in subsection 7a74 ,the ,executive ,director shall report directly to the ,under ,secretary for ,management1 and shall carry out the following responsibilities3 7#a7 ,monitor regularly the performance of ,department major 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 ,department's acquisition programs and related activities4 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 the ,department's ,acquisition ,review ,board4 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 decisionmaking within the ,department4 7#f7 ,assist the ,chief ,procurement ,officer of the ,department1 as appropriate1 in developing strategies and specific plans for hiring1 training1 and professional development to address 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 ,assess the results of major acquisition programs' post-implementation reviews and identify opportunities to improve performance throughout the acquisition process4 7#i7 ,provide technical support and assistance to ,department acquisition programs and acquisition personnel and coordinate with the ,chief ,procurement ,officer regarding workforce training and development activities4 7#aj7 ,assist1 as appropriate1 with the preparation of the ,future ,years ,homeland ,security ,program1 and make such information available to the congressional homeland security committees4 7c7 ,responsibilities of components ,each head of a component shall comply with ,federal law1 the ,federal ,acquisition ,regulation1 and ,department acquisition management directives established by the ,under ,secretary for ,management4 ,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 documentation that is consistent with cost estimating best practices as identified by the ,comptroller ,general of the ,united ,states2 7#c7 verify each life cycle cost estimate against independent cost estimates or assessments1 as appropriate1 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 7d7 ,definitions ,in this section3 7#a7 ,acquisition ,the term acquisition has the meaning given such 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 such 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 such 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 amounts or fee funding1 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 the following3 7,a7 ,identifying and validating needs4 7,b7 ,assessing alternatives to select the most appropriate solution4 7,c7 ,clearly establishing well-defined requirements4 7,d7 ,developing realistic cost assessments and schedules4 7,e7 ,securing stable funding that matches resources to requirements4 7,f7 ,demonstrating technology1 design1 and manufacturing maturity4 7,g7 ,using milestones and exit criteria or specific accomplishments that demonstrate progress4 7,h7 ,adopting and executing standardized processes with known success across programs4 7,i7 ,establishing an adequate workforce that is qualified and sufficient to perform necessary functions4 7,j7 ,integrating the capabilities described in subparagraphs 7,a7 through 7,i7 into the ,department's mission and business operations4 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 ,congressional homeland security committees ,the term congressional homeland security committees means-- 7,a7 the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7,b7 the ,committee on ,appropriations of the ,house of ,representatives and the ,committee on ,appropriations of the ,senate4 7#i7 ,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#aj7 ,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 at least #cjj1jjj1jjj 7based on fiscal year #bjai constant dollars7 over its life cycle cost or a program identified by the ,chief ,acquisition ,officer as a program of special interest4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #gaj the following new item3 ,sec4 #gaa4 ,acquisition authorities for ,program ,accountability and ,risk ,management4 4 ,august #cj1 #bjai ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed