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H.R. 6871: DHS Acquisition Reform Act


The text of the bill below is as of May 13, 2022 (Preprint (Suspension)).


I




                                                                     117TH CONGRESS
                                                                        2D SESSION
                                                                                                           H. R. 6871
                                                                     To amend the Homeland Security Act of 2002 to provide for certain acquisi-
                                                                         tion authorities for the Under Secretary of Management of the Depart-
                                                                         ment of Homeland Security, and for other purposes.




                                                                                   IN THE HOUSE OF REPRESENTATIVES
                                                                                                FEBRUARY 28, 2022
                                                                     Mr. LATURNER (for himself, Mr. TORRES of New York, and Mr. KATKO) in-
                                                                         troduced the following bill; which was referred to the Committee on
                                                                         Homeland Security




                                                                                                               A BILL
                                                                     To amend the Homeland Security Act of 2002 to provide
                                                                        for certain acquisition authorities for the Under Sec-
                                                                        retary of Management of the Department of Homeland
                                                                        Security, and for other purposes.

                                                                       1               Be it enacted by the Senate and House of Representa-
                                                                       2 tives of the United States of America in Congress assembled,
                                                                       3     SECTION 1. SHORT TITLE.

                                                                       4               This Act may be cited as the ‘‘DHS Acquisition Re-
                                                                       5 form Act’’.
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2 1 SEC. 2. ACQUISITION AUTHORITIES FOR THE UNDER SEC- 2 RETARY OF MANAGEMENT OF THE DEPART- 3 MENT OF HOMELAND SECURITY. 4 Section 701 of the Homeland Security Act of 2002 5 (6 U.S.C. 341) is amended— 6 (1) in subsection (a)— 7 (A) in paragraph (2), by inserting ‘‘and ac- 8 quisition management’’ after ‘‘Procurement’’; 9 and 10 (B) in paragraph (6), by inserting ‘‘(in- 11 cluding firearms and other sensitive assets)’’ 12 after ‘‘equipment’’; 13 (2) by redesignating subsections (d), the first 14 subsection (e) (relating to the system for award 15 management consultation), and the second sub- 16 section (e) (relating to the definition of interoperable 17 communications) as subsections (e), (f), and (g), re- 18 spectively; and 19 (3) by inserting after subsection (c) the fol- 20 lowing new subsection: 21 ‘‘(d) ACQUISITION AND RELATED RESPONSIBIL- 22 ITIES.— 23 ‘‘(1) IN GENERAL.—Notwithstanding section 24 1702(a) of title 41, United States Code, the Under pbinns on DSKJLVW7X2PROD with BILLS 25 Secretary for Management is the Chief Acquisition 26 Officer of the Department. As Chief Acquisition Of- •HR 6871 IH VerDate Sep 11 2014 05:50 Apr 07, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6871.IH H6871
3 1 ficer, the Under Secretary shall have the authorities 2 and perform the functions specified in section 3 1702(b) of such title, and perform all other func- 4 tions and responsibilities delegated by the Secretary 5 or described in this subsection. 6 ‘‘(2) FUNCTIONS AND RESPONSIBILITIES.—In 7 addition to the authorities and functions specified in 8 section 1702(b) of title 41, United States Code, the 9 functions and responsibilities of the Under Secretary 10 for Management related to acquisition (as such term 11 is defined in section 131 of such title) include the 12 following: 13 ‘‘(A) Advising the Secretary regarding ac- 14 quisition management activities, considering 15 risks of failure to achieve cost, schedule, or per- 16 formance parameters, to ensure that the De- 17 partment achieves its mission through the adop- 18 tion of widely accepted program management 19 best practices (as such term is defined in sec- 20 tion 714) and standards and, where appro- 21 priate, acquisition innovation best practices. 22 ‘‘(B) Leading the Department’s acquisition 23 oversight body, the Acquisition Review Board. pbinns on DSKJLVW7X2PROD with BILLS •HR 6871 IH VerDate Sep 11 2014 05:50 Apr 07, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6871.IH H6871
4 1 ‘‘(C) Synchronizing interagency coordina- 2 tion relating to acquisition programs and acqui- 3 sition management efforts of the Department. 4 ‘‘(D) Exercising the acquisition decision 5 authority (as such term is defined in section 6 714) to approve, pause, modify (including the 7 rescission of approvals of program milestones), 8 or cancel major acquisition programs (as such 9 term is defined in section 714), unless the 10 Under Secretary delegates such authority to a 11 Component Acquisition Executive (as such term 12 is defined in section 714) pursuant to para- 13 graph (3). 14 ‘‘(E) Providing additional scrutiny and 15 oversight for an acquisition that is not a major 16 acquisition if— 17 ‘‘(i) the acquisition is for a program 18 that is important to the strategic and per- 19 formance plans of the Department; 20 ‘‘(ii) the acquisition is for a program 21 with significant program or policy implica- 22 tions; and 23 ‘‘(iii) the Secretary determines that 24 such scrutiny and oversight for the acquisi- pbinns on DSKJLVW7X2PROD with BILLS 25 tion is proper and necessary. •HR 6871 IH VerDate Sep 11 2014 05:50 Apr 07, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6871.IH H6871
5 1 ‘‘(F) Establishing policies for managing 2 acquisitions across the Department that pro- 3 mote best practices (as such term is defined in 4 section 714). 5 ‘‘(G) Establishing policies for acquisition 6 that implement an approach that considers 7 risks of failure to achieve cost, schedule, or per- 8 formance parameters that all components of the 9 Department shall comply with, including out- 10 lining relevant authorities for program man- 11 agers to effectively manage acquisition pro- 12 grams (as such term is defined in section 714). 13 ‘‘(H) Ensuring that each major acquisition 14 program has a Department-approved acquisi- 15 tion program baseline (as such term is defined 16 in section 714), pursuant to the Department’s 17 acquisition management policy that is traceable 18 to the life-cycle cost estimate of the program, 19 integrated master schedule, and operational re- 20 quirements. 21 ‘‘(I) Assisting the heads of components 22 and Component Acquisition Executives in ef- 23 forts to comply with Federal law, the Federal 24 Acquisition Regulation, and Department acqui- pbinns on DSKJLVW7X2PROD with BILLS 25 sition management directives. •HR 6871 IH VerDate Sep 11 2014 05:50 Apr 07, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6871.IH H6871
6 1 ‘‘(J) Ensuring that grants and financial 2 assistance are provided only to individuals and 3 organizations that are not suspended or 4 debarred. 5 ‘‘(K) Distributing guidance throughout the 6 Department to ensure that contractors involved 7 in acquisitions, particularly contractors that ac- 8 cess the Department’s information systems and 9 technologies, adhere to relevant Department 10 policies related to physical and information se- 11 curity as identified by the Under Secretary. 12 ‘‘(L) Overseeing the Component Acquisi- 13 tion Executive organizational structure to en- 14 sure Component Acquisition Executives have 15 sufficient capabilities and comply with Depart- 16 ment acquisition policies. 17 ‘‘(M) Developing and managing a profes- 18 sional acquisition workforce to ensure the goods 19 and services acquired by the Department meet 20 the needs of the mission and are at the best 21 value for the expenditure of public resources. 22 ‘‘(3) DELEGATION OF CERTAIN ACQUISITION 23 DECISION AUTHORITY.—The Under Secretary for 24 Management may delegate acquisition decision au- pbinns on DSKJLVW7X2PROD with BILLS 25 thority, in writing, to the relevant Component Acqui- •HR 6871 IH VerDate Sep 11 2014 05:50 Apr 07, 2022 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6871.IH H6871
7 1 sition Executive for a major capital asset, service, or 2 hybrid acquisition program that has a life-cycle cost 3 estimate of at least $300,000,000 but not more than 4 $1,000,000,000, based on fiscal year 2022 constant 5 dollars, if— 6 ‘‘(A) the component concerned possesses 7 working policies, processes, and procedures that 8 are consistent with Department acquisition pol- 9 icy; 10 ‘‘(B) the Component Acquisition Executive 11 concerned has adequate, experienced, and dedi- 12 cated professional employees with program 13 management training; and 14 ‘‘(C) each major acquisition program has a 15 Department-approved acquisition program base- 16 line, and it is meeting agreed-upon cost, sched- 17 ule, and performance thresholds.’’. 18 SEC. 3. OFFICE OF TEST AND EVALUATION OF THE DE- 19 PARTMENT OF HOMELAND SECURITY. 20 (a) IN GENERAL.—Title III of the Homeland Secu- 21 rity Act of 2002 (6 U.S.C. 181 et seq.) is amended by 22 adding at the end the following new section: 23 ‘‘SEC. 323. OFFICE OF TEST AND EVALUATION. 24 ‘‘(a) ESTABLISHMENT OF OFFICE.—There is estab- pbinns on DSKJLVW7X2PROD with BILLS 25 lished in the Directorate of Science and Technology of the •HR 6871 IH VerDate Sep 11 2014 05:50 Apr 07, 2022 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6871.IH H6871
8 1 Department an Office of Test and Evaluation (in this sec- 2 tion referred to as the ‘Office’). The Office shall— 3 ‘‘(1) serve as the principal advisory office for 4 test and evaluation support across the Department; 5 and 6 ‘‘(2) serve as the test and evaluation liaison 7 with— 8 ‘‘(A) Federal agencies and foreign, State, 9 local, Tribal, and territorial governments; 10 ‘‘(B) the private sector; 11 ‘‘(C) institutions of higher education; and 12 ‘‘(D) other relevant entities. 13 ‘‘(b) DIRECTOR.—The Office shall be led by a Direc- 14 tor. The Director shall oversee the duties specified in sub- 15 section (a) and carry out the following responsibilities: 16 ‘‘(1) Serve as a member of the Department’s 17 Acquisition Review Board. 18 ‘‘(2) Establish and update, as necessary, test 19 and evaluation policies, procedures, and guidance for 20 the Department. 21 ‘‘(3) Ensure, in coordination with the Chief Ac- 22 quisition Officer, the Joint Requirements Council, 23 the Under Secretary for Science and Technology, 24 and relevant component heads, that acquisition pro- pbinns on DSKJLVW7X2PROD with BILLS 25 grams (as such term is defined in section 714)— •HR 6871 IH VerDate Sep 11 2014 05:50 Apr 07, 2022 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6871.IH H6871
9 1 ‘‘(A) complete reviews of operational re- 2 quirements to ensure such requirements— 3 ‘‘(i) are informed by threats, including 4 physical and cybersecurity threats; 5 ‘‘(ii) are operationally relevant; and 6 ‘‘(iii) are measurable, testable, and 7 achievable within the constraints of cost 8 and schedule; 9 ‘‘(B) complete independent testing and 10 evaluation of a system or service throughout de- 11 velopment of such system or service; 12 ‘‘(C) complete operational testing and eval- 13 uation that includes all system components and 14 incorporates operators into such testing and 15 evaluation to ensure that a system or service 16 satisfies the mission requirements in the oper- 17 ational environment of such system or service 18 as intended in the acquisition program baseline; 19 ‘‘(D) use independent verification and vali- 20 dation of test and evaluation implementation 21 and results, as appropriate; and 22 ‘‘(E) document whether such programs 23 meet all operational requirements. pbinns on DSKJLVW7X2PROD with BILLS •HR 6871 IH VerDate Sep 11 2014 05:50 Apr 07, 2022 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H6871.IH H6871
10 1 ‘‘(4) Provide oversight of test and evaluation 2 activities for major acquisition programs throughout 3 the acquisition life cycle by— 4 ‘‘(A) approving program test and evalua- 5 tion master plans, plans for individual test and 6 evaluation events, and other related documenta- 7 tion, determined appropriate by the Director; 8 ‘‘(B) approving which independent test and 9 evaluation agent or third-party tester is selected 10 for each program; and 11 ‘‘(C) providing an independent assessment 12 to the acquisition decision authority (as such 13 term is defined in section 714) that assesses a 14 program’s progress in meeting operational re- 15 quirements and operational effectiveness, suit- 16 ability, and resilience to inform production and 17 deployment decisions. 18 ‘‘(5) Determine if testing of a system or service 19 conducted by other Federal agencies, entities, or in- 20 stitutions of higher education are relevant and suffi- 21 cient in determining whether such system or service 22 performs as intended. 23 ‘‘(c) ANNUAL REPORT.— 24 ‘‘(1) IN GENERAL.—Not later than one year pbinns on DSKJLVW7X2PROD with BILLS 25 after the date of the enactment of this section and •HR 6871 IH VerDate Sep 11 2014 05:50 Apr 07, 2022 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H6871.IH H6871
11 1 annually thereafter, the Director of the Office shall 2 submit to the Secretary, the Under Secretary for 3 Management, component heads, and the Committee 4 on Homeland Security of the House of Representa- 5 tives and the Committee on Homeland Security and 6 Governmental Affairs a report relating to the test 7 and evaluation activities of the major acquisition 8 programs of the Department for the previous fiscal 9 year. 10 ‘‘(2) ELEMENTS.—Each report required under 11 paragraph (1) shall include the following: 12 ‘‘(A) An assessment of— 13 ‘‘(i) test and evaluation activities con- 14 ducted for each major acquisition program 15 with respect to demonstrating operational 16 requirements and operational effectiveness, 17 suitability, and resilience for each such 18 program; 19 ‘‘(ii) any waivers of, or deviations 20 from, approved program test and evalua- 21 tion master plans referred to in subsection 22 (b)(3)(A); 23 ‘‘(iii) any concerns raised by the inde- 24 pendent test and evaluation agent or third- pbinns on DSKJLVW7X2PROD with BILLS 25 party tester selected and approved under •HR 6871 IH VerDate Sep 11 2014 05:50 Apr 07, 2022 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H6871.IH H6871
12 1 subsection (b)(3)(B) relating to such waiv- 2 ers or deviations; and 3 ‘‘(iv) any actions that have been taken 4 or are planned to be taken to address such 5 concerns. 6 ‘‘(B) Recommendations with respect to re- 7 sources, facilities, and levels of funding made 8 available for test and evaluation activities re- 9 ferred to in subparagraph (A). 10 ‘‘(3) FORM.—Each report required under para- 11 graph (1) shall be submitted in unclassified form but 12 may include a classified annex. 13 ‘‘(d) RELATIONSHIP TO UNDER SECRETARY FOR 14 SCIENCE AND TECHNOLOGY.— 15 ‘‘(1) IN GENERAL.—The Under Secretary for 16 Management and the Under Secretary for Science 17 and Technology shall coordinate in matters related 18 to Department-wide acquisitions so that investments 19 of the Directorate of Science and Technology are 20 able to support current and future requirements of 21 the components of the Department. 22 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 23 this subsection may be construed as affecting or di- 24 minishing the authority of the Under Secretary for pbinns on DSKJLVW7X2PROD with BILLS 25 Science and Technology.’’. •HR 6871 IH VerDate Sep 11 2014 05:50 Apr 07, 2022 Jkt 029200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H6871.IH H6871
13 1 (b) CLERICAL AMENDMENT.—The table of contents 2 in section 1(b) of the Homeland Security Act of 2002 is 3 amended by inserting after the item relating to section 4 322 the following new item: ‘‘Sec. 323. Office of Test and Evaluation.’’. 5 SEC. 4. ACQUISITION AUTHORITIES FOR CHIEF FINANCIAL 6 OFFICER OF THE DEPARTMENT OF HOME- 7 LAND SECURITY. 8 Paragraph (2) of section 702(b) of the Homeland Se- 9 curity Act of 2002 (6 U.S.C. 342(b)) is amended by— 10 (1) redesignating subparagraph (I) as subpara- 11 graph (J); and 12 (2) inserting after subparagraph (H) the fol- 13 lowing new subparagraph: 14 ‘‘(I) Oversee the costs of acquisition pro- 15 grams (as such term is defined in section 714) 16 and related activities to ensure that actual and 17 planned costs are in accordance with budget es- 18 timates and are affordable, or can be ade- 19 quately funded, over the life cycle of such pro- 20 grams and activities.’’. 21 SEC. 5. ACQUISITION AUTHORITIES FOR CHIEF INFORMA- 22 TION OFFICER OF THE DEPARTMENT OF 23 HOMELAND SECURITY. pbinns on DSKJLVW7X2PROD with BILLS 24 Section 703 of the Homeland Security Act of 2002 25 (6 U.S.C. 343) is amended— •HR 6871 IH VerDate Sep 11 2014 05:50 Apr 07, 2022 Jkt 029200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H6871.IH H6871
14 1 (1) by redesignating subsection (b) as sub- 2 section (c); and 3 (2) by inserting after subsection (a) the fol- 4 lowing new subsection: 5 ‘‘(b) ACQUISITION RESPONSIBILITIES.—In addition 6 to the responsibilities specified in section 11315 of title 7 40, United States Code, the acquisition responsibilities of 8 the Chief Information Officer, in consultation with the 9 Under Secretary for Management, shall include the fol- 10 lowing: 11 ‘‘(1) Overseeing the management of the Home- 12 land Security Enterprise Architecture and ensuring 13 that, before each acquisition decision event (as such 14 term is defined in section 714), approved informa- 15 tion technology acquisitions comply with any depart- 16 mental information technology management require- 17 ments, security protocols, and the Homeland Secu- 18 rity Enterprise Architecture, and in any case in 19 which information technology acquisitions do not so 20 comply, making recommendations to the Depart- 21 ment’s Acquisition Review Board regarding such 22 noncompliance. 23 ‘‘(2) Providing recommendations to the Acquisi- 24 tion Review Board regarding information technology pbinns on DSKJLVW7X2PROD with BILLS •HR 6871 IH VerDate Sep 11 2014 05:50 Apr 07, 2022 Jkt 029200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H6871.IH H6871
15 1 programs and developing information technology ac- 2 quisition strategic guidance.’’. 3 SEC. 6. ACQUISITION AUTHORITIES FOR UNDER SEC- 4 RETARY OF STRATEGY, POLICY, AND PLANS 5 OF THE DEPARTMENT OF HOMELAND SECU- 6 RITY. 7 Subsection (c) of section 709 of the Homeland Secu- 8 rity Act of 2002 (6 U.S.C. 349) is amended by— 9 (1) redesignating paragraphs (4) through (7) as 10 (5) through (8), respectively; and 11 (2) inserting after paragraph (3) the following 12 new paragraph: 13 ‘‘(4) ensure acquisition programs (as such term 14 is defined in section 714) support the DHS Quad- 15 rennial Homeland Security Review Report, the DHS 16 Strategic Plan, the DHS Strategic Priorities, and 17 other appropriate successor documents;’’. 18 SEC. 7. ACQUISITION AUTHORITIES FOR PROGRAM AC- 19 COUNTABILITY AND RISK MANAGEMENT 20 (PARM) OF THE DEPARTMENT OF HOMELAND 21 SECURITY. 22 (a) IN GENERAL.—Title VII of the Homeland Secu- 23 rity Act of 2002 (6 U.S.C. 341 et seq.) is amended by 24 adding at the end the following new section: pbinns on DSKJLVW7X2PROD with BILLS •HR 6871 IH VerDate Sep 11 2014 05:50 Apr 07, 2022 Jkt 029200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H6871.IH H6871
16 1 ‘‘SEC. 714. PROGRAM ACCOUNTABILITY AND RISK MANAGE- 2 MENT OFFICE. 3 ‘‘(a) ESTABLISHMENT OF OFFICE.—There is estab- 4 lished in the Management Directorate of the Department 5 a Program Accountability and Risk Management office. 6 Such office shall— 7 ‘‘(1) provide consistent accountability, stand- 8 ardization, and transparency of major acquisition 9 programs of the Department; 10 ‘‘(2) serve as the central oversight function for 11 all Department major acquisition programs; and 12 ‘‘(3) provide review and analysis of Department 13 acquisition programs, as appropriate. 14 ‘‘(b) EXECUTIVE DIRECTOR.—The Program Ac- 15 countability and Risk Management office shall be led by 16 an Executive Director. The Executive Director shall over- 17 see the duties specified in subsection (a), report directly 18 to the Under Secretary for Management, and carry out 19 the following responsibilities: 20 ‘‘(1) Regularly monitor the performance of De- 21 partment major acquisition programs between acqui- 22 sition decision events to identify problems with cost, 23 performance, or schedule that components may need 24 to address to prevent cost overruns, performance pbinns on DSKJLVW7X2PROD with BILLS 25 issues, or schedule delays. •HR 6871 IH VerDate Sep 11 2014 05:50 Apr 07, 2022 Jkt 029200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H6871.IH H6871
17 1 ‘‘(2) Assist the Under Secretary for Manage- 2 ment in managing the Department’s acquisition pro- 3 grams, acquisition workforce, and related activities 4 of the Department. 5 ‘‘(3) Conduct oversight of individual acquisition 6 programs to implement Department acquisition pro- 7 gram policy, procedures, and guidance, with a pri- 8 ority on ensuring the data the office collects and 9 maintains from Department components is accurate 10 and reliable. 11 ‘‘(4) Serve as the focal point and coordinator 12 for the acquisition life-cycle review process and as 13 the executive secretariat for the Department’s Ac- 14 quisition Review Board. 15 ‘‘(5) Advise the persons having acquisition deci- 16 sion authority to— 17 ‘‘(A) make acquisition decisions consistent 18 with all applicable laws; and 19 ‘‘(B) establish clear lines of authority, ac- 20 countability, and responsibility for acquisition 21 decision-making within the Department. 22 ‘‘(6) Develop standardized certification stand- 23 ards, in consultation with the Component Acquisi- 24 tion Executives, for all acquisition program man- pbinns on DSKJLVW7X2PROD with BILLS 25 agers. •HR 6871 IH VerDate Sep 11 2014 05:50 Apr 07, 2022 Jkt 029200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H6871.IH H6871
18 1 ‘‘(7) Assess the results of major acquisition pro- 2 grams’ post-implementation reviews, and identify op- 3 portunities to improve performance throughout the 4 acquisition process. 5 ‘‘(8) Provide technical support and assistance 6 to Department acquisition programs and acquisition 7 personnel, and coordinate with the Chief Procure- 8 ment Officer regarding workforce training and devel- 9 opment activities. 10 ‘‘(9) Assist, as appropriate, with the prepara- 11 tion of the Future Years Homeland Security Pro- 12 gram, and make such information available to the 13 congressional homeland security committees. 14 ‘‘(10) In coordination with the Component Ac- 15 quisition Executives, maintain the Master Acquisi- 16 tion Oversight List, updated quarterly, that shall 17 serve as an inventory of all major acquisition pro- 18 grams and non-major acquisition programs within 19 the Department, including for each such program— 20 ‘‘(A) the component sponsoring the acqui- 21 sition; 22 ‘‘(B) the name of the acquisition; 23 ‘‘(C) the acquisition level as determined by 24 the anticipated life-cycle cost of the program pbinns on DSKJLVW7X2PROD with BILLS •HR 6871 IH VerDate Sep 11 2014 05:50 Apr 07, 2022 Jkt 029200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H6871.IH H6871
19 1 and other criteria pursuant to the Department- 2 level acquisition policy; 3 ‘‘(D) the acquisition decision authority for 4 the acquisition; and 5 ‘‘(E) the current acquisition phase. 6 ‘‘(c) RESPONSIBILITIES OF COMPONENTS.—Each 7 head of a component shall comply with Federal law, the 8 Federal Acquisition Regulation, and Department acquisi- 9 tion management directives established by the Under Sec- 10 retary for Management. For each major acquisition pro- 11 gram, each head of a component shall— 12 ‘‘(1) establish an organizational structure for 13 conducting acquisitions within the component, to be 14 managed by a Component Acquisition Executive; 15 ‘‘(2) obtain the resources necessary to operate 16 such an organizational structure that are aligned 17 with the number, type, size, and complexity of the 18 acquisition programs of the component; and 19 ‘‘(3) oversee sustainment of capabilities de- 20 ployed by major acquisition programs and non-major 21 acquisition programs after all planned deployments 22 are completed until such capabilities are retired or 23 replaced. pbinns on DSKJLVW7X2PROD with BILLS •HR 6871 IH VerDate Sep 11 2014 05:50 Apr 07, 2022 Jkt 029200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H6871.IH H6871
20 1 ‘‘(d) RESPONSIBILITIES OF COMPONENT ACQUISI- 2 TION EXECUTIVES.—Each Component Acquisition Execu- 3 tive shall— 4 ‘‘(1) establish and implement policies and guid- 5 ance for managing and conducting oversight for 6 major acquisition programs and non-major acquisi- 7 tion programs within the component at issue that 8 comply with Federal law, the Federal Acquisition 9 Regulation, and Department acquisition manage- 10 ment directives established by the Under Secretary 11 for Management; 12 ‘‘(2) for each major acquisition program— 13 ‘‘(A) define baseline requirements and doc- 14 ument changes to such requirements, as appro- 15 priate; 16 ‘‘(B) establish a complete life cycle cost es- 17 timate with supporting documentation that is 18 consistent with cost estimating best practices as 19 identified by the Comptroller General of the 20 United States; 21 ‘‘(C) verify each life cycle cost estimate 22 against independent cost estimates or assess- 23 ments, as appropriate, and reconcile any dif- 24 ferences; pbinns on DSKJLVW7X2PROD with BILLS •HR 6871 IH VerDate Sep 11 2014 05:50 Apr 07, 2022 Jkt 029200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H6871.IH H6871
21 1 ‘‘(D) complete a cost-benefit analysis with 2 supporting documentation; and 3 ‘‘(E) develop and maintain a schedule that 4 is consistent with scheduling best practices as 5 identified by the Comptroller General of the 6 United States, including, in appropriate cases, 7 an integrated master schedule; 8 ‘‘(3) ensure that all acquisition program docu- 9 mentation provided by the component demonstrates 10 the knowledge required for successful program exe- 11 cution prior to final approval and is complete, accu- 12 rate, timely, and valid; 13 ‘‘(4) in such cases where it is appropriate, exer- 14 cise the acquisition decision authority to approve, 15 pause, modify (including the rescission of approvals 16 of program milestones), or cancel major acquisition 17 programs or non-major acquisition programs when 18 delegated by the Under Secretary for Management 19 pursuant to section 701(d)(3); and 20 ‘‘(5) review, oversee, and direct activities be- 21 tween acquisition decision events for major acquisi- 22 tion programs within the component for which the 23 Under Secretary for Management is the acquisition 24 decision authority. pbinns on DSKJLVW7X2PROD with BILLS 25 ‘‘(e) DEFINITIONS.—In this section: •HR 6871 IH VerDate Sep 11 2014 05:50 Apr 07, 2022 Jkt 029200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H6871.IH H6871
22 1 ‘‘(1) ACQUISITION.—The term ‘acquisition’ has 2 the meaning given such term in section 131 of title 3 41, United States Code. 4 ‘‘(2) ACQUISITION DECISION AUTHORITY.—The 5 term ‘acquisition decision authority’ means the au- 6 thority, in addition to the authorities and functions 7 specified in subsection (b) of section 1702 of title 8 41, United States Code, held by the Secretary acting 9 through the Under Secretary for Management to— 10 ‘‘(A) ensure compliance with Federal law, 11 the Federal Acquisition Regulation, and De- 12 partment acquisition management directives; 13 ‘‘(B) review (including approving, pausing, 14 modifying, or canceling) an acquisition program 15 throughout the life cycle of such program; 16 ‘‘(C) ensure that acquisition program man- 17 agers have the resources necessary to success- 18 fully execute an approved acquisition program; 19 ‘‘(D) ensure appropriate acquisition pro- 20 gram management of cost, schedule, risk, and 21 system or service performance of the acquisition 22 program at issue, including assessing acquisi- 23 tion program baseline breaches and directing 24 any corrective action for such breaches; pbinns on DSKJLVW7X2PROD with BILLS •HR 6871 IH VerDate Sep 11 2014 05:50 Apr 07, 2022 Jkt 029200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H6871.IH H6871
23 1 ‘‘(E) ensure that acquisition program man- 2 agers, on an ongoing basis, monitor cost, sched- 3 ule, and performance against established base- 4 lines and use tools to assess risks to an acquisi- 5 tion program at all phases of the life-cycle of 6 such program; and 7 ‘‘(F) establish policies and procedures for 8 major acquisition programs of the Department. 9 ‘‘(3) ACQUISITION DECISION EVENT.—The term 10 ‘acquisition decision event’, with respect to an acqui- 11 sition program, means a predetermined point within 12 the acquisition life-cycle at which the acquisition de- 13 cision authority determines whether such acquisition 14 program shall proceed to the next acquisition phase. 15 ‘‘(4) ACQUISITION PROGRAM.—The term ‘acqui- 16 sition program’ means the conceptualization, initi- 17 ation, design, development, test, contracting, produc- 18 tion, deployment, logistics support, modification, or 19 disposal of systems, supplies, or services (including 20 construction) to satisfy the Department’s needs. 21 ‘‘(5) ACQUISITION PROGRAM BASELINE.—The 22 term ‘acquisition program baseline’, with respect to 23 an acquisition program, means the cost, schedule, 24 and performance parameters, expressed in standard, pbinns on DSKJLVW7X2PROD with BILLS •HR 6871 IH VerDate Sep 11 2014 05:50 Apr 07, 2022 Jkt 029200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H6871.IH H6871
24 1 measurable, quantitative terms, which must be met 2 to accomplish the goals of such program. 3 ‘‘(6) BEST PRACTICES.—The term ‘best prac- 4 tices’, with respect to acquisition, means a knowl- 5 edge-based approach to capability development, pro- 6 curement, and support that includes the following: 7 ‘‘(A) Identifying and validating needs. 8 ‘‘(B) Assessing alternatives to select the 9 most appropriate solution. 10 ‘‘(C) Establishing well-defined require- 11 ments. 12 ‘‘(D) Developing realistic cost assessments 13 and schedules that account for the entire life- 14 cycle of an acquisition. 15 ‘‘(E) Demonstrating technology, design, 16 and manufacturing maturity before initiating 17 production. 18 ‘‘(F) Using milestones and exit criteria or 19 specific accomplishments that demonstrate the 20 attainment of knowledge to support progress 21 throughout the acquisition phases. 22 ‘‘(G) Regularly assessing and managing 23 risks to achieve requirements and cost and 24 schedule goals. pbinns on DSKJLVW7X2PROD with BILLS •HR 6871 IH VerDate Sep 11 2014 05:50 Apr 07, 2022 Jkt 029200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H6871.IH H6871
25 1 ‘‘(H) To the maximum extent possible, 2 adopting and executing standardized processes. 3 ‘‘(I) Establishing a workforce that is quali- 4 fied to perform necessary acquisition roles. 5 ‘‘(J) Integrating into the Department’s 6 mission and business operations the capabilities 7 described in subparagraphs (A) through (I). 8 ‘‘(7) BREACH.—The term ‘breach’, with respect 9 to a major acquisition program, means a failure to 10 meet any cost, schedule, or performance threshold 11 specified in the most recently approved acquisition 12 program baseline. 13 ‘‘(8) CONGRESSIONAL HOMELAND SECURITY 14 COMMITTEES.—The term ‘congressional homeland 15 security committees’ means— 16 ‘‘(A) the Committee on Homeland Security 17 of the House of Representatives and the Com- 18 mittee on Homeland Security and Govern- 19 mental Affairs of the Senate; and 20 ‘‘(B) the Committee on Appropriations of 21 the House of Representatives and the Com- 22 mittee on Appropriations of the Senate. 23 ‘‘(9) COMPONENT ACQUISITION EXECUTIVE.— 24 The term ‘Component Acquisition Executive’ means pbinns on DSKJLVW7X2PROD with BILLS 25 the senior acquisition official within a component •HR 6871 IH VerDate Sep 11 2014 05:50 Apr 07, 2022 Jkt 029200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H6871.IH H6871
26 1 who is designated in writing by the Under Secretary 2 for Management, in consultation with the component 3 head, with authority and responsibility for leading a 4 process and staff to provide acquisition and program 5 management oversight, policy, and guidance to en- 6 sure that statutory, regulatory, and higher level pol- 7 icy requirements are fulfilled, including compliance 8 with Federal law, the Federal Acquisition Regula- 9 tion, and Department acquisition management direc- 10 tives established by the Under Secretary. 11 ‘‘(10) LIFE-CYCLE COST.—The term ‘life-cycle 12 cost’ means the total cost to the Government of ac- 13 quiring, operating, supporting, and (if applicable) 14 disposing of the items being acquired. 15 ‘‘(11) MAJOR ACQUISITION PROGRAM.—The 16 term ‘major acquisition program’ means a Depart- 17 ment capital asset, services, or hybrid acquisition 18 program that is estimated by the Secretary to re- 19 quire an eventual total expenditure of at least 20 $300,000,000 (based on fiscal year 2022 constant 21 dollars) over its life cycle or a program identified by 22 the Chief Acquisition Officer as a program of special 23 interest.’’. 24 (b) CLERICAL AMENDMENT.—The table of contents pbinns on DSKJLVW7X2PROD with BILLS 25 in section 1(b) of the Homeland Security Act of 2002 is •HR 6871 IH VerDate Sep 11 2014 05:50 Apr 07, 2022 Jkt 029200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H6871.IH H6871
27 1 amended by inserting after the item relating to section 2 710 the following new item: ‘‘Sec. 714. Program Accountability and Risk Management office.’’. 3 SEC. 8. ACQUISITION DOCUMENTATION. 4 (a) IN GENERAL.—Subtitle D of title VIII of the 5 Homeland Security Act of 2002 (6 U.S.C. 391 et seq.), 6 as amended by this Act, is further amended by adding 7 at the end the following new section: 8 ‘‘SEC. 837. ACQUISITION DOCUMENTATION. 9 ‘‘For each major acquisition program (as such term 10 is defined in section 714), the Secretary, acting through 11 the Under Secretary for Management, shall require the 12 head of each relevant component or office of the Depart- 13 ment to— 14 ‘‘(1) maintain acquisition documentation that is 15 complete, accurate, timely, and valid, and that in- 16 cludes— 17 ‘‘(A) operational requirements that are 18 validated consistent with departmental policy; 19 ‘‘(B) a complete life-cycle cost estimate 20 with supporting documentation; 21 ‘‘(C) verification of such life-cycle cost esti- 22 mate against independent cost estimates, and 23 reconciliation of any differences; pbinns on DSKJLVW7X2PROD with BILLS 24 ‘‘(D) a cost-benefit analysis with sup- 25 porting documentation; •HR 6871 IH VerDate Sep 11 2014 05:50 Apr 07, 2022 Jkt 029200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H6871.IH H6871
28 1 ‘‘(E) an integrated master schedule with 2 supporting documentation; 3 ‘‘(F) plans for conducting systems engi- 4 neering reviews and test and evaluation activi- 5 ties throughout development to support produc- 6 tion and deployment decisions; 7 ‘‘(G) an acquisition plan that outlines the 8 procurement approach, including planned con- 9 tracting vehicles; 10 ‘‘(H) a logistics and support plan for oper- 11 ating and maintaining deployed capabilities 12 until such capabilities are disposed of or retired; 13 and 14 ‘‘(I) an acquisition program baseline that 15 is traceable to the operational requirements of 16 the program required under subparagraphs (A), 17 (B), and (E); 18 ‘‘(2) prepare cost estimates and schedules for 19 major acquisition programs pursuant to subpara- 20 graphs (B) and (E) of paragraph (1) in a manner 21 consistent with best practices as identified by the 22 Comptroller General of the United States; and 23 ‘‘(3) ensure any revisions to the acquisition doc- 24 umentation maintained pursuant to paragraph (1) pbinns on DSKJLVW7X2PROD with BILLS •HR 6871 IH VerDate Sep 11 2014 05:50 Apr 07, 2022 Jkt 029200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H6871.IH H6871
29 1 are reviewed and approved in accordance with de- 2 partmental policy.’’. 3 (b) CLERICAL AMENDMENT.—The table of contents 4 in section 1(b) of the Homeland Security Act of 2002 is 5 amended by adding after the item relating to section 836, 6 as added by section 3 of this Act, the following new item: ‘‘Sec. 837. Acquisition documentation.’’. Æ pbinns on DSKJLVW7X2PROD with BILLS •HR 6871 IH VerDate Sep 11 2014 05:50 Apr 07, 2022 Jkt 029200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6301 E:\BILLS\H6871.IH H6871