#aagth ,,congress #b;d ,session ,h4 ,r4 #fhga ,,an ,,act ,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 ,act4 #b4 ,acquisition authorities for the ,under ,secretary of ,management of the ,department of ,homeland ,security ,section #gja of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cda7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b71 by inserting and acquisition management after ,procurement2 and 7,b7 in paragraph 7#f71 by inserting 7including firearms and other sensitive assets7 after equipment2 7#b7 by redesignating subsections 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#c7 by 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 section #agjb7;b7 of such title1 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 #aca of such title7 include the following3 7,a7 ,advising the ,secretary regarding acquisition management activities1 considering 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 #gad7 and standards and1 where appropriate1 acquisition innovation best practices4 7,b7 ,leading the ,department's acquisition oversight body1 the ,acquisition ,review ,board4 7,c7 ,synchronizing interagency coordination relating to acquisition programs and acquisition management efforts of the ,department4 7,d7 ,exercising the acquisition decision authority 7as such term is defined in section #gad7 to approve1 pause1 modify 7including the rescission of approvals of program milestones71 or cancel major acquisition programs 7as such term is defined in section #gad71 unless the ,under ,secretary delegates such authority to a ,component ,acquisition ,executive 7as such term is defined in section #gad7 pursuant to paragraph 7#c74 7,e7 ,providing additional scrutiny and oversight for an acquisition that is not a major acquisition if-- 7i7 the acquisition is for a program that is important to the strategic and performance plans of the ,department2 7ii7 the acquisition is for a program with significant program or policy implications2 and 7iii7 the ,secretary determines that such scrutiny and oversight for the acquisition is proper and necessary4 7,f7 ,establishing policies for managing acquisitions across the ,department that promote best practices 7as such term is defined in section #gad74 7,g7 ,establishing policies for acquisition that implement an approach that considers 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 #gad74 7,h7 ,ensuring that each major acquisition program has a ,department-approved acquisition program baseline 7as such term is defined in section #gad71 pursuant to the ,department's acquisition management policy that is traceable to the life-cycle cost estimate of the program1 integrated master schedule1 and operational requirements4 7,i7 ,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,j7 ,ensuring that grants and financial assistance are provided only to individuals and organizations that are not suspended or debarred4 7,k7 ,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 ,secretary4 7,l7 ,overseeing the ,component ,acquisition ,executive organizational structure to ensure ,component ,acquisition ,executives have sufficient capabilities and comply with ,department acquisition policies4 7,m7 ,developing and managing a professional acquisition workforce to ensure the goods and services acquired by the ,department meet the needs of the mission and are at the best value for the expenditure of public resources4 7#c7 ,delegation of certain acquisition decision authority ,the ,under ,secretary for ,management may delegate acquisition decision authority1 in writing1 to the relevant ,component ,acquisition ,executive for a major capital asset1 service1 or hybrid acquisition program that has a life-cycle cost estimate of at least #cjj1jjj1jjj but not more than #a1jjj1jjj1jjj1 based on fiscal year #bjbb constant dollars1 if-- 7,a7 the component concerned possesses working policies1 processes1 and procedures that are consistent with ,department acquisition policy2 7,b7 the ,component ,acquisition ,executive concerned has adequate1 experienced1 and dedicated professional employees with program management training2 and 7,c7 each major acquisition program has a ,department-approved acquisition program baseline1 and it is meeting agreed-upon cost1 schedule1 and performance thresholds4 4 #c4 ,office of ,test and ,evaluation of the ,department of ,homeland ,security 7a7 ,in general ,title ,,iii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aha et seq47 is amended by adding at the end the following new section3 #cbc4 ,office of ,test and ,evaluation 7a7 ,establishment of ,office ,there is established in the ,directorate of ,science and ,technology of the ,department an ,office of ,test and ,evaluation 7in this section referred to as the ,office74 ,the ,office shall-- 7#a7 serve as the principal advisory office for test and evaluation support across the ,department2 and 7#b7 serve as the test and evaluation liaison with-- 7,a7 ,federal agencies and foreign1 ,state1 local1 ,tribal1 and territorial governments2 7,b7 the private sector2 7,c7 institutions of higher education2 and 7,d7 other relevant entities4 7b7 ,director ,the ,office shall be led by a ,director4 ,the ,director shall oversee the duties specified in subsection 7a7 and carry out the following responsibilities3 7#a7 ,serve as a member of the ,department's ,acquisition ,review ,board4 7#b7 ,establish and update1 as necessary1 test and evaluation policies1 procedures1 and guidance for the ,department4 7#c7 ,ensure1 in coordination with the ,chief ,acquisition ,officer1 the ,joint ,requirements ,council1 the ,under ,secretary for ,science and ,technology1 and relevant component heads1 that acquisition programs 7as such term is defined in section #gad7-- 7,a7 complete reviews of operational requirements to ensure such requirements-- 7i7 are informed by threats1 including physical and cybersecurity threats2 7ii7 are operationally relevant2 and 7iii7 are measurable1 testable1 and achievable within the constraints of cost and schedule2 7,b7 complete independent testing and evaluation of a system or service throughout development of such system or service2 7,c7 complete operational testing and evaluation that includes all system components and incorporates operators into such testing and evaluation to ensure that a system or service satisfies the mission requirements in the operational environment of such system or service as intended in the acquisition program baseline2 7,d7 use independent verification and validation of test and evaluation implementation and results1 as appropriate2 and 7,e7 document whether such programs meet all operational requirements4 7#d7 ,provide oversight of test and evaluation activities for major acquisition programs throughout the acquisition life cycle by-- 7,a7 approving program test and evaluation master plans1 plans for individual test and evaluation events1 and other related documentation1 determined appropriate by the ,director2 7,b7 approving which independent test and evaluation agent or third-party tester is selected for each program2 and 7,c7 providing an independent assessment to the acquisition decision authority 7as such term is defined in section #gad7 that assesses a program's progress in meeting operational requirements and operational effectiveness1 suitability1 and resilience to inform production and deployment decisions4 7#e7 ,determine if testing of a system or service conducted by other ,federal agencies1 entities1 or institutions of higher education are relevant and sufficient in determining whether such system or service performs as intended4 7c7 ,annual report 7#a7 ,in general ,not later than one year after the date of the enactment of this section and annually thereafter1 the ,director of the ,office shall submit to the ,secretary1 the ,under ,secretary for ,management1 component heads1 and the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs a report relating to the test and evaluation activities of the major acquisition programs of the ,department for the previous fiscal year4 7#b7 ,elements ,each report required under paragraph 7#a7 shall include the following3 7,a7 ,an assessment of-- 7i7 test and evaluation activities conducted for each major acquisition program with respect to demonstrating operational requirements and operational effectiveness1 suitability1 and resilience for each such program2 7ii7 any waivers of1 or deviations from1 approved program test and evaluation master plans referred to in subsection 7b77#c77;,a72 7iii7 any concerns raised by the independent test and evaluation agent or third-party tester selected and approved under subsection 7b77#c77;,b7 relating to such waivers or deviations2 and 7iv7 any actions that have been taken or are planned to be taken to address such concerns4 7,b7 ,recommendations with respect to resources1 facilities1 and levels of funding made available for test and evaluation activities referred to in subparagraph 7,a74 7#c7 ,form ,each report required under paragraph 7#a7 shall be submitted in unclassified form but may include a classified annex4 7d7 ,relationship to ,under ,secretary for ,science and ,technology 7#a7 ,in general ,the ,under ,secretary for ,management and the ,under ,secretary for ,science and ,technology shall coordinate in matters related to ,department-wide acquisitions 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 ,rule of construction ,nothing in this subsection may be construed as affecting or diminishing the authority of the ,under ,secretary for ,science and ,technology4 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 #cbb the following new item3 ,sec4 #cbc4 ,office of ,test and ,evaluation4 4 #d4 ,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 #gad7 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 #e4 ,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 #gad71 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 so comply1 making recommendations to the ,department's ,acquisition ,review ,board regarding such noncompliance4 7#b7 ,providing recommendations to the ,acquisition ,review ,board regarding information technology programs and developing information technology acquisition strategic guidance4 4 #f4 ,acquisition authorities for ,under ,secretary of ,strategy1 ,policy1 and ,plans of the ,department of ,homeland ,security ,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 #gad7 support the ,,dhs ,quadrennial ,homeland ,security ,review ,report1 the ,,dhs ,strategic ,plan1 the ,,dhs ,strategic ,priorities1 and other appropriate successor documents2 4 #g4 ,acquisition authorities for program accountability and risk management 7,,parm7 of the ,department of ,homeland ,security 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 #gad4 ,program ,accountability and ,risk ,management office 7a7 ,establishment of office ,there is established in the ,management ,directorate of the ,department a ,program ,accountability and ,risk ,management office4 ,such office shall-- 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 ,executive ,director ,the ,program ,accountability and ,risk ,management office shall be led by an ,executive ,director4 ,the ,executive ,director shall oversee the duties specified in subsection 7a71 report directly to the ,under ,secretary for ,management1 and carry out the following responsibilities3 7#a7 ,regularly monitor 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 programs1 acquisition workforce1 and related activities of the ,department4 7#c7 ,conduct oversight of individual acquisition programs to implement ,department acquisition program policy1 procedures1 and guidance1 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 to-- 7,a7 make acquisition decisions consistent with all applicable laws2 and 7,b7 establish clear lines of authority1 accountability1 and responsibility for acquisition decision-making within the ,department4 7#f7 ,develop standardized certification standards1 in consultation with the ,component ,acquisition ,executives1 for all acquisition program managers4 7#g7 ,assess the results of major acquisition programs' post-implementation reviews1 and identify opportunities to improve performance throughout the acquisition process4 7#h7 ,provide technical support and assistance to ,department acquisition programs and acquisition personnel1 and coordinate with the ,chief ,procurement ,officer regarding workforce training and development activities4 7#i7 ,assist1 as appropriate1 with the preparation of the ,future ,years ,homeland ,security ,program1 and make such information available to the congressional homeland security committees4 7#aj7 ,in coordination with the ,component ,acquisition ,executives1 maintain the ,master ,acquisition ,oversight ,list1 updated quarterly1 that shall serve as an inventory of all major acquisition programs and non-major acquisition programs within the ,department1 including for each such program-- 7,a7 the component sponsoring the acquisition2 7,b7 the name of the acquisition2 7,c7 the acquisition level as determined by the anticipated life-cycle cost of the program and other criteria pursuant to the ,department-level acquisition policy2 7,d7 the acquisition decision authority for the acquisition2 and 7,e7 the current acquisition phase4 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 establish an organizational structure for conducting acquisitions within the component1 to be managed by a ,component ,acquisition ,executive2 7#b7 obtain the resources necessary to operate such an organizational structure that are aligned with the number1 type1 size1 and complexity of the acquisition programs of the component2 and 7#c7 oversee sustainment of capabilities deployed by major acquisition programs and non-major acquisition programs after all planned deployments are completed until such capabilities are retired or replaced4 7d7 ,responsibilities of ,component ,acquisition ,executives ,each ,component ,acquisition ,executive shall-- 7#a7 establish and implement policies and guidance for managing and conducting oversight for major acquisition programs and non-major acquisition programs within the component at issue that comply with ,federal law1 the ,federal ,acquisition ,regulation1 and ,department acquisition management directives established by the ,under ,secretary for ,management2 7#b7 for each major acquisition program-- 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 and 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 7#c7 ensure that all acquisition program documentation provided by the component demonstrates the knowledge required for successful program execution prior to final approval and is complete1 accurate1 timely1 and valid2 7#d7 in such cases where it is appropriate1 exercise the acquisition decision authority to approve1 pause1 modify 7including the rescission of approvals of program milestones71 or cancel major acquisition programs or non-major acquisition programs when delegated by the ,under ,secretary for ,management pursuant to section #gja7;d77#c72 and 7#e7 review1 oversee1 and direct activities between acquisition decision events for major acquisition programs within the component for which the ,under ,secretary for ,management is the acquisition decision authority4 7e7 ,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 in addition to the authorities and functions specified in subsection 7b7 of section #agjb of title #da1 ,united ,states ,code1 held by the ,secretary acting through the ,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 throughout 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 appropriate acquisition program management of cost1 schedule1 risk1 and system or service performance of the acquisition program at issue1 including assessing acquisition program baseline breaches and directing any corrective action for such breaches2 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 program2 and 7,f7 establish policies and procedures for major acquisition programs of the ,department4 7#c7 ,acquisition decision event ,the term acquisition decision event1 with respect to an acquisition program1 means a predetermined point within the acquisition life-cycle 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 conceptualization1 initiation1 design1 development1 test1 contracting1 production1 deployment1 logistics support1 modification1 or disposal of systems1 supplies1 or services 7including construction7 to satisfy the ,department's needs4 7#e7 ,acquisition program baseline ,the term acquisition program baseline1 with respect to an acquisition program1 means the cost1 schedule1 and performance parameters1 expressed in standard1 measurable1 quantitative terms1 which must be met 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 development1 procurement1 and support that includes the following3 7,a7 ,identifying and validating needs4 7,b7 ,assessing alternatives to select the most appropriate solution4 7,c7 ,establishing well-defined requirements4 7,d7 ,developing realistic cost assessments and schedules that account for the entire life-cycle of an acquisition4 7,e7 ,demonstrating technology1 design1 and manufacturing maturity before initiating production4 7,f7 ,using milestones and exit criteria or specific accomplishments that demonstrate the attainment of knowledge to support progress throughout the acquisition phases4 7,g7 ,regularly assessing and managing risks to achieve requirements and cost and schedule goals4 7,h7 ,to the maximum extent possible1 adopting and executing standardized processes4 7,i7 ,establishing a workforce that is qualified to perform necessary acquisition roles4 7,j7 ,integrating into the ,department's mission and business operations the capabilities described in subparagraphs 7,a7 through 7,i74 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 ,secretary4 7#aj7 ,life-cycle cost ,the term life-cycle cost means the total cost to the ,government of acquiring1 operating1 supporting1 and 7if applicable7 disposing of the items being acquired4 7#aa7 ,major acquisition program ,the term major acquisition program means a ,department capital asset1 services1 or hybrid acquisition program that is estimated by the ,secretary to require an eventual total expenditure of at least #cjj1jjj1jjj 7based on fiscal year #bjbb constant dollars7 over its life cycle 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 #gad4 ,program ,accountability and ,risk ,management office4 4 #h4 ,acquisition documentation 7a7 ,in general ,subtitle ,d of title ,,viii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cia et seq471 as amended by this ,act1 is further amended by adding at the end the following new section3 #hcg4 ,acquisition documentation ,for each major acquisition program 7as such term is defined in section #gad71 the ,secretary1 acting through the ,under ,secretary for ,management1 shall require the head of each relevant component or office of the ,department to-- 7#a7 maintain acquisition documentation that is complete1 accurate1 timely1 and valid1 and that includes-- 7,a7 operational requirements that are validated consistent with departmental policy2 7,b7 a complete life-cycle cost estimate with supporting documentation2 7,c7 verification of such life-cycle cost estimate against independent cost estimates1 and reconciliation of any differences2 7,d7 a cost-benefit analysis with supporting documentation2 7,e7 an integrated master schedule with supporting documentation2 7,f7 plans for conducting systems engineering reviews and test and evaluation activities throughout development to support production and deployment decisions2 7,g7 an acquisition plan that outlines the procurement approach1 including planned contracting vehicles2 7,h7 a logistics and support plan for operating and maintaining deployed capabilities until such capabilities are disposed of or retired2 and 7,i7 an acquisition program baseline that is traceable to the operational requirements of the program required under subparagraphs 7,a71 7,b71 and 7,e72 7#b7 prepare cost estimates and schedules for major acquisition programs pursuant to subparagraphs 7,b7 and 7,e7 of paragraph 7#a7 in a manner consistent with best practices as identified by the ,comptroller ,general of the ,united ,states2 and 7#c7 ensure any revisions to the acquisition documentation maintained pursuant to paragraph 7#a7 are reviewed and approved in accordance with departmental policy4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by adding after the item relating to section #hcf1 as added by section #c of this ,act1 the following new item3 ,sec4 #hcg4 ,acquisition documentation4 4 ,passed the ,house of ,representatives ,may #ag1 #bjbb4;,clerk4