[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 902 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                 S. 902

   To amend the Homeland Security Act of 2002 to provide for certain 
 acquisition authorities for the Under Secretary of Management of the 
        Department of Homeland Security, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 7, 2017

 Mrs. McCaskill (for herself and Mr. Daines) introduced the following 
 bill; which was read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
   To amend the Homeland Security Act of 2002 to provide for certain 
 acquisition authorities for the Under Secretary of Management of the 
        Department of Homeland Security, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``DHS Acquisition Authorities Act of 
2017''.

SEC. 2. ACQUISITION AUTHORITIES FOR UNDER SECRETARY FOR MANAGEMENT OF 
              THE DEPARTMENT OF HOMELAND SECURITY.

    Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is 
amended by--
            (1) redesignating subsections (d) and (e) as subsections 
        (e) and (f), respectively; and
            (2) inserting after subsection (c) the following:
    ``(d) Acquisition and Related Responsibilities.--
            ``(1) Definitions.--In this subsection, the terms 
        `acquisition', `acquisition decision authority', `acquisition 
        program baseline', `best practices', `Component Acquisition 
        Executive', and `major acquisition program' shall have the 
        meanings given those terms in section 710.
            ``(2) Chief acquisition officer.--
                    ``(A) In general.--Notwithstanding section 1702(b) 
                of title 41, United States Code, the Under Secretary 
                for Management is the Chief Acquisition Officer of the 
                Department.
                    ``(B) Authorities.--The Under Secretary for 
                Management shall--
                            ``(i) have the authorities and perform the 
                        functions specified in section 1702(b) of title 
                        41, United States Code; and
                            ``(ii) perform all other functions and 
                        responsibilities delegated by the Secretary or 
                        described in this subsection.
            ``(3) Functions and responsibilities.--In addition to the 
        authorities and functions specified in section 1702(b) of title 
        41, United States Code, the functions and responsibilities of 
        the Under Secretary for Management related to acquisition shall 
        include the following:
                    ``(A) Advising the Secretary regarding acquisition 
                management activities, taking into account risks of 
                failure to achieve cost, schedule, or performance 
                parameters, to ensure that the Department achieves the 
                mission of the Department through the adoption of 
                widely accepted program management best practices and 
                standards and, where appropriate, acquisition 
                innovation best practices.
                    ``(B) Leading an acquisition review board within 
                the Department and exercising the acquisition decision 
                authority to approve, pause, modify (including the 
                rescission of approvals of program milestones), or 
                cancel major acquisition programs, unless the Under 
                Secretary delegates such authority to a Component 
                Acquisition Executive in accordance with paragraph (4).
                    ``(C) Establishing policies for acquisition that 
                implement an approach that takes into account risks of 
                failure to achieve cost, schedule, or performance 
                parameters that all components of the Department shall 
                comply with, including outlining relevant authorities 
                for program managers to effectively manage acquisition 
                programs.
                    ``(D) Ensuring that each major acquisition program 
                has a Department-approved acquisition program baseline, 
                pursuant to the acquisition management policy of the 
                Department.
                    ``(E) Ensuring that the heads of components and 
                Component Acquisition Executives comply with Federal 
                law, the Federal Acquisition Regulation, and Department 
                acquisition management directives.
                    ``(F) Ensuring that grants and financial assistance 
                are provided only to individuals and organizations that 
                are not suspended or debarred.
                    ``(G) Distributing guidance throughout the 
                Department to ensure that contractors involved in 
                acquisitions, particularly contractors that access the 
                information systems and technologies of the Department, 
                adhere to relevant Department policies related to 
                physical and information security as identified by the 
                Under Secretary for Management.
                    ``(H) Overseeing the Component Acquisition 
                Executive organizational structure to ensure Component 
                Acquisition Executives have sufficient capabilities and 
                comply with Department acquisition policies.
            ``(4) Delegation of acquisition decision authority.--
                    ``(A) Level 3 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 
                $300,000,000.
                    ``(B) Level 2 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 
                $300,000,000 nor more than $1,000,000,000 if all of the 
                following requirements are met:
                            ``(i) The component concerned possesses 
                        working policies, processes, and procedures 
                        that are consistent with Department-level 
                        acquisition policy.
                            ``(ii) The Component Acquisition Executive 
                        concerned has adequate, experienced, and 
                        dedicated professional employees with program 
                        management training, as applicable, 
                        commensurate with the size of the acquisition 
                        programs and related activities delegated to 
                        such Component Acquisition Executive by the 
                        Under Secretary for Management.
                            ``(iii) Each major acquisition program 
                        concerned has written documentation showing 
                        that the major acquisition program--
                                    ``(I) has a Department-approved 
                                acquisition program baseline; and
                                    ``(II) is meeting agreed-upon cost, 
                                schedule, and performance thresholds.
            ``(5) Relationship to under secretary for science and 
        technology.--
                    ``(A) In general.--
                            ``(i) 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 Act.
                            ``(ii) 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 
                        Department.
                    ``(B) Operational testing and evaluation.--The 
                Under Secretary for Science and Technology shall--
                            ``(i) ensure, in coordination with relevant 
                        component heads, that major acquisition 
                        programs--
                                    ``(I) complete operational testing 
                                and evaluation of technologies and 
                                systems;
                                    ``(II) use independent verification 
                                and validation of operational test and 
                                evaluation implementation and results; 
                                and
                                    ``(III) document whether such 
                                programs meet all performance 
                                requirements included in their 
                                acquisition program baselines;
                            ``(ii) ensure that the operational testing 
                        and evaluation required under clause (i)(I) 
                        includes all system components and incorporates 
                        operators into the testing to ensure that 
                        systems perform as intended in the appropriate 
                        operational setting; and
                            ``(iii) 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 
                        setting.''.

SEC. 3. ACQUISITION AUTHORITIES FOR CHIEF FINANCIAL OFFICER OF THE 
              DEPARTMENT OF HOMELAND SECURITY.

    Section 702(b)(2) of the Homeland Security Act of 2002 (6 U.S.C. 
342(b)) is amended by adding at the end the following:
                    ``(J) Oversee the costs of acquisition programs and 
                related activities to ensure that actual and planned 
                costs are in accordance with budget estimates and are 
                affordable, or can be adequately funded, over the life 
                cycle of such programs and activities.''.

SEC. 4. ACQUISITION AUTHORITIES FOR CHIEF INFORMATION OFFICER OF THE 
              DEPARTMENT OF HOMELAND SECURITY.

    Section 703 of the Homeland Security Act of 2002 (6 U.S.C. 343) is 
amended--
            (1) by redesignating subsection (b) as subsection (c); and
            (2) by inserting after subsection (a) the following:
    ``(b) Acquisition Responsibilities.--Notwithstanding section 11315 
of title 40, United States Code, the acquisition responsibilities of 
the Chief Information Officer, in consultation with the Under Secretary 
for Management, shall include the following:
            ``(1) Oversee the management of the Homeland Security 
        Enterprise Architecture and ensure that, before each 
        acquisition decision event (as defined in section 710), 
        approved information technology acquisitions comply with 
        departmental information technology management processes, 
        technical requirements, and the Homeland Security Enterprise 
        Architecture, and in any case in which information technology 
        acquisitions do not comply with the management directives of 
        the Department, make recommendations to an acquisition review 
        board within the Department regarding such noncompliance.
            ``(2) Be responsible for providing recommendations to an 
        acquisition review board within the Department regarding 
        information technology programs, and be responsible for 
        developing information technology acquisition strategic 
        guidance.''.

SEC. 5. ACQUISITION AUTHORITIES FOR PROGRAM ACCOUNTABILITY AND RISK 
              MANAGEMENT (PARM).

    (a) In General.--Title VII of the Homeland Security Act of 2002 (6 
U.S.C. 341 et seq.) is amended by adding at the end the following:

``SEC. 710. ACQUISITION AUTHORITIES FOR PROGRAM ACCOUNTABILITY AND RISK 
              MANAGEMENT.

    ``(a) Definitions.--In this section:
            ``(1) Acquisition.--The term `acquisition' has the meaning 
        given the term in section 131 of title 41, United States Code.
            ``(2) Acquisition decision authority.--The term 
        `acquisition decision authority' means the authority, held by 
        the Secretary acting through the Deputy Secretary or Under 
        Secretary for Management to--
                    ``(A) ensure compliance with Federal law, the 
                Federal Acquisition Regulation, and Department 
                acquisition management directives;
                    ``(B) review (including approving, pausing, 
                modifying, or canceling) an acquisition program through 
                the life cycle of the program;
                    ``(C) ensure that acquisition program managers have 
                the resources necessary to successfully execute an 
                approved acquisition program;
                    ``(D) ensure good acquisition program management of 
                cost, schedule, risk, and system performance of the 
                acquisition program at issue, including assessing 
                acquisition program baseline breaches and directing any 
                corrective action for such breaches; and
                    ``(E) ensure that acquisition program managers, on 
                an ongoing basis, monitor cost, schedule, 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 breaches.
            ``(3) Acquisition decision event.--The term `acquisition 
        decision event', with respect to an acquisition program, 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 
        phase.
            ``(4) Acquisition program.--The term `acquisition program' 
        means the process by which the Department acquires, with any 
        appropriated amounts, by contract for purchase or lease, 
        property or services (including construction) that support the 
        missions and goals of the Department.
            ``(5) Acquisition program baseline.--The term `acquisition 
        program baseline', with respect to an acquisition program, 
        means a summary of the cost, schedule, and performance 
        parameters, expressed in standard, measurable, quantitative 
        terms, which must be met in order to accomplish the goals of 
        such program.
            ``(6) Best practices.--The term `best practices', with 
        respect to acquisition, means a knowledge-based approach to 
        capability development that includes--
                    ``(A) identifying and validating needs;
                    ``(B) assessing alternatives to select the most 
                appropriate solution;
                    ``(C) clearly establishing well-defined 
                requirements;
                    ``(D) developing realistic cost assessments and 
                schedules;
                    ``(E) securing stable funding that matches 
                resources to requirements;
                    ``(F) demonstrating technology, design, and 
                manufacturing maturity;
                    ``(G) using milestones and exit criteria or 
                specific accomplishments that demonstrate progress;
                    ``(H) adopting and executing standardized processes 
                with known success across programs;
                    ``(I) establishing an adequate workforce that is 
                qualified and sufficient to perform necessary 
                functions; and
                    ``(J) integrating the capabilities described in 
                subparagraphs (A) through (I) into the mission and 
                business operations of the Department.
            ``(7) Breach.--The term `breach', with respect to a major 
        acquisition program, means a failure to meet any cost, 
        schedule, or performance threshold specified in the most 
        recently approved acquisition program baseline.
            ``(8) 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 Management, in consultation with the component 
        head, with authority and responsibility for leading a process 
        and staff to provide acquisition and program management 
        oversight, policy, and guidance to ensure that statutory, 
        regulatory, and higher level policy requirements are fulfilled, 
        including compliance with Federal law, the Federal Acquisition 
        Regulation, and Department acquisition management directives 
        established by the Under Secretary for Management.
            ``(9) 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 $300,000,000 (based on fiscal year 
        2017 constant dollars) over the life cycle cost of the 
        acquisition program.
    ``(b) Establishment of Office.--There shall be a Program 
Accountability and Risk Management Office within the Management 
Directorate of the Department to--
            ``(1) provide consistent accountability, standardization, 
        and transparency of major acquisition programs of the 
        Department; and
            ``(2) serve as the central oversight function for all 
        Department acquisition programs.
    ``(c) Responsibilities of Executive Director.--
            ``(1) In general.--The Program Accountability and Risk 
        Management Office shall be led by an Executive Director to 
        oversee the requirements under subsection (b).
            ``(2) Responsibilities.--The Executive Director shall 
        report directly to the Under Secretary for Management and carry 
        out the following responsibilities:
                    ``(A) Monitor regularly the performance of 
                Department acquisition programs between acquisition 
                decision events to identify problems with cost, 
                performance, or schedule that components may need to 
                address to prevent cost overruns, performance issues, 
                or schedule delays.
                    ``(B) Assist the Under Secretary for Management in 
                managing the acquisition programs and related 
                activities of the Department.
                    ``(C) Conduct oversight of individual acquisition 
                programs to implement Department acquisition program 
                policy, procedures, and guidance with a priority on 
                ensuring the data the office collects and maintains 
                from Department components is accurate and reliable.
                    ``(D) 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 Department.
                    ``(E) Advise the persons having acquisition 
                decision authority in making acquisition decisions 
                consistent with all applicable laws and in establishing 
                clear lines of authority, accountability, and 
                responsibility for acquisition decision making within 
                the Department.
                    ``(F) Engage in the strategic planning and 
                performance evaluation process required under section 
                306 of title 5, United States Code, and sections 
                1105(a)(28), 1115, 1116, and 9703 of title 31, United 
                States Code, by supporting the Chief Procurement 
                Officer in developing strategies and specific plans for 
                hiring, training, and professional development in order 
                to rectify any deficiency within the Department's 
                acquisition workforce.
                    ``(G) Develop standardized certification standards 
                in consultation with the Component Acquisition 
                Executives for all acquisition program managers.
                    ``(H) In the event that an acquisition program 
                manager's certification or actions need review for 
                purposes of promotion or removal, provide input, in 
                consultation with the relevant Component Acquisition 
                Executive, into the relevant acquisition program 
                manager's performance evaluation, and report positive 
                or negative experiences to the relevant certifying 
                authority.
                    ``(I) Provide technical support and assistance to 
                Department acquisitions and acquisition personnel in 
                conjunction with the Chief Procurement Officer.
                    ``(J) Prepare the Comprehensive Acquisition Status 
                Report of the Department, as required by division F of 
                the Consolidated Appropriations Act, 2016 (Public Law 
                114-113), and make such report available to the 
                appropriate committees of Congress (as defined in 
                section 226 of this Act).
    ``(d) Responsibilities of Components.--
            ``(1) In general.--Each head of a component shall comply 
        with Federal law, the Federal Acquisition Regulation, and 
        acquisition management directives of the Department established 
        by the Under Secretary for Management.
            ``(2) Requirements.--For each major acquisition program, 
        each head of a component shall--
                    ``(A) define baseline requirements and document 
                changes to such requirements, as appropriate;
                    ``(B) establish a complete life cycle cost estimate 
                with supporting documentation, including an acquisition 
                program baseline;
                    ``(C) verify each life cycle cost estimate against 
                independent cost estimates, and reconcile any 
                differences;
                    ``(D) complete a cost-benefit analysis with 
                supporting documentation;
                    ``(E) develop and maintain a schedule that is 
                consistent with scheduling best practices as identified 
                by the Comptroller General of the United States, 
                including, in appropriate cases, an integrated master 
                schedule; and
                    ``(F) ensure that all acquisition program 
                information provided by the component is complete, 
                accurate, timely, and valid.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by 
inserting after the item relating to section 709 the following:

``Sec. 710. Acquisition authorities for Program Accountability and Risk 
                            Management.''.
                                 <all>