[Congressional Record Volume 163, Number 48 (Monday, March 20, 2017)]
[House]
[Pages H2216-H2219]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DHS MULTIYEAR ACQUISITION STRATEGY ACT OF 2017
Mr. FITZPATRICK. Mr. Speaker, I move to suspend the rules and pass
the bill (H.R. 1249) to amend the Homeland Security Act of 2002 to
require a multiyear acquisition strategy of the Department of Homeland
Security, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1249
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 Multiyear Acquisition
Strategy Act of 2017''.
SEC. 2. MULTIYEAR ACQUISITION STRATEGY.
(a) In General.--Subtitle D of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 391 et seq.) is amended by
adding at the end the following new section:
``SEC. 836. MULTIYEAR ACQUISITION STRATEGY.
``(a) Multiyear Acquisition Strategy Required.--
``(1) In general.--Not later than one year after the date
of the enactment of this section, the Secretary shall submit
to the appropriate congressional committees and the
Comptroller General of the United States a multiyear
acquisition strategy to guide the overall direction of the
acquisitions of the Department while allowing flexibility to
deal with ever-changing threats and risks, and to help
industry better understand, plan, and align resources to meet
the future acquisition needs of the Department. Such strategy
shall be updated and included in each Future Years Homeland
Security Program required under section 874.
``(2) Form.--The strategy required under paragraph (1)
shall be submitted in unclassified form but may include a
classified annex for any sensitive or classified information
if necessary. The Secretary shall publish such strategy in an
unclassified format that is publicly available.
``(b) Consultation.--In developing the strategy required
under subsection (a), the Secretary shall, as the Secretary
determines appropriate, consult with headquarters,
components, employees in the field, and individuals from
industry and the academic community.
``(c) Contents of Strategy.--The strategy shall include the
following:
``(1) Prioritized list.--A systematic and integrated
prioritized list developed by the Under Secretary for
Management in coordination with all of the Component
Acquisition Executives of Department major acquisition
programs that Department and component acquisition
investments seek to address, including the expected security
and economic benefit of the program or system that is the
subject of acquisition and an analysis of how the security
and economic benefit derived from such program or system will
be measured.
``(2) Inventory.--A plan to develop a reliable Department-
wide inventory of investments and real property assets to
help the Department--
``(A) plan, budget, schedule, and acquire upgrades of its
systems and equipment; and
``(B) plan for the acquisition and management of future
systems and equipment.
``(3) Funding gaps.--A plan to address funding gaps between
funding requirements for major acquisition programs and known
available resources, including, to the maximum extent
practicable, ways of leveraging best practices to identify
and eliminate overpayment for items to--
``(A) prevent wasteful purchasing;
``(B) achieve the greatest level of efficiency and cost
savings by rationalizing purchases;
``(C) align pricing for similar items; and
``(D) utilize purchase timing and economies of scale.
``(4) Identification of capabilities.--An identification of
test, evaluation, modeling, and simulation capabilities that
will be required to--
``(A) support the acquisition of technologies to meet the
needs of such strategy;
``(B) leverage to the greatest extent possible emerging
technological trends and research and development trends
within the public and private sectors; and
``(C) identify ways to ensure that appropriate technology
is acquired and integrated into the Department's operating
doctrine to improve mission performance.
``(5) Focus on flexible solutions.--An assessment of ways
the Department can improve its ability to test and acquire
innovative solutions to allow needed incentives and
protections for appropriate risk-taking in order to meet its
acquisition needs with resiliency, agility, and
responsiveness to assure homeland security and facilitate
trade.
``(6) Focus on incentives to save taxpayer dollars.--An
assessment of ways the Department can develop incentives for
program managers and senior Department acquisition officials
to--
``(A) prevent cost overruns;
``(B) avoid schedule delays; and
``(C) achieve cost savings in major acquisition programs.
``(7) Focus on addressing delays and bid protests.--An
assessment of ways the Department can improve the acquisition
process to minimize cost overruns in--
``(A) requirements development;
``(B) procurement announcements;
``(C) requests for proposals;
``(D) evaluation of proposals;
``(E) protests of decisions and awards; and
``(F) the use of best practices.
``(8) Focus on improving outreach.--An identification and
assessment of ways to increase opportunities for
communication and collaboration with industry, small and
disadvantaged businesses, intra-government entities,
university centers of excellence, accredited certification
and standards development organizations, and national
laboratories to ensure that the Department understands the
market for technologies, products, and innovation that is
available to
[[Page H2217]]
meet its mission needs and to inform the Department's
requirements-setting process before engaging in an
acquisition, including--
``(A) methods designed especially to engage small and
disadvantaged businesses, a cost-benefit analysis of the
tradeoffs that small and disadvantaged businesses provide,
information relating to barriers to entry for small and
disadvantaged businesses, and information relating to unique
requirements for small and disadvantaged businesses; and
``(B) within the Department Vendor Communication Plan and
Market Research Guide, instructions for interaction by
acquisition program managers with such entities to--
``(i) prevent misinterpretation of acquisition regulations;
and
``(ii) permit, within legal and ethical boundaries,
interacting with such entities with transparency.
``(9) Competition.--A plan regarding competition under
subsection (d).
``(10) Acquisition workforce.--A plan regarding the
Department acquisition workforce under subsection (e).
``(d) Competition Plan.--The strategy required under
subsection (a) shall also include a plan to address actions
to ensure competition, or the option of competition, for
major acquisition programs. Such plan may include assessments
of the following measures in appropriate cases if such
measures are cost effective:
``(1) Competitive prototyping.
``(2) Dual-sourcing.
``(3) Unbundling of contracts.
``(4) Funding of next-generation prototype systems or
subsystems.
``(5) Use of modular, open architectures to enable
competition for upgrades.
``(6) Acquisition of complete technical data packages.
``(7) Periodic competitions for subsystem upgrades.
``(8) Licensing of additional suppliers, including small
businesses.
``(9) Periodic system or program reviews to address long-
term competitive effects of program decisions.
``(e) Acquisition Workforce Plan.--
``(1) Acquisition workforce.--The strategy required under
subsection (a) shall also include a plan to address
Department acquisition workforce accountability and talent
management that identifies the acquisition workforce needs of
each component performing acquisition functions and develops
options for filling such needs with qualified individuals,
including a cost-benefit analysis of contracting for
acquisition assistance.
``(2) Additional matters covered.--The acquisition
workforce plan under this subsection shall address ways to--
``(A) improve the recruitment, hiring, training, and
retention of Department acquisition workforce personnel,
including contracting officer's representatives, in order to
retain highly qualified individuals who have experience in
the acquisition life cycle, complex procurements, and
management of large programs;
``(B) empower program managers to have the authority to
manage their programs in an accountable and transparent
manner as such managers work with the acquisition workforce;
``(C) prevent duplication within Department acquisition
workforce training and certification requirements through
leveraging already-existing training within the Federal
Government, academic community, or private industry;
``(D) achieve integration and consistency with Government-
wide training and accreditation standards, acquisition
training tools, and training facilities;
``(E) designate the acquisition positions that will be
necessary to support the Department acquisition requirements,
including in the fields of--
``(i) program management;
``(ii) systems engineering;
``(iii) procurement, including contracting;
``(iv) test and evaluation;
``(v) life cycle logistics;
``(vi) cost estimating and program financial management;
and
``(vii) additional disciplines appropriate to Department
mission needs;
``(F) strengthen the performance of contracting officers'
representatives (as defined in subpart 1.602-2 and subpart
2.101 of the Federal Acquisition Regulation), including by--
``(i) assessing the extent to which such representatives
are certified and receive training that is appropriate;
``(ii) assessing what training is most effective with
respect to the type and complexity of assignment; and
``(iii) implementing actions to improve training based on
such assessments; and
``(G) identify ways to increase training for relevant
investigators and auditors of the Department to examine fraud
in major acquisition programs, including identifying
opportunities to leverage existing Government and private
sector resources in coordination with the Inspector General
of the Department.
``(f) Definitions.--In this section:
``(1) Acquisition.--The term `acquisition' has the meaning
given such term in section 131 of title 41, United States
Code.
``(2) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate; and
``(B) the Committee on Appropriations of the House of
Representatives and the Committee on Appropriations of the
Senate.
``(3) Best practices.--The term `best practices', with
respect to acquisition, means--
``(A) a knowledge-based approach to capability development
that includes 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 into the mission and business operations
of the Department of Homeland Security the capabilities
described in subparagraphs (A) through (I).
``(4) 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.
``(5) 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 $300,000,000 (based on fiscal
year 2017 constant dollars) over its life cycle cost.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 835 the
following new item:
``Sec. 836. Multiyear acquisition strategy.''.
SEC. 3. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF MULTIYEAR
ACQUISITION STRATEGY.
(a) Review.--After submission of the first multiyear
acquisition strategy in accordance with section 836 of the
Homeland Security Act of 2002 (as added by section 2 of this
Act) after the date of the enactment of this Act, the
Comptroller General of the United States shall conduct a
review of such plan within 180 days to analyze the viability
of such plan's effectiveness in the following:
(1) Complying with the requirements of such section 836.
(2) Establishing clear connections between Department of
Homeland Security objectives and acquisition (as such term is
defined in such section) priorities.
(3) Demonstrating that Department acquisition policy
reflects program management best practices (as such term is
defined in such section) and standards.
(4) Ensuring competition or the option of competition for
major acquisition programs (as such term is defined in such
section).
(5) Considering potential cost savings through using
already-existing technologies when developing acquisition
program requirements.
(6) Preventing duplication within Department acquisition
workforce training requirements through leveraging already-
existing training within the Federal Government, academic
community, or private industry.
(7) Providing incentives for acquisition program managers
to reduce acquisition and procurement costs through the use
of best practices and disciplined program management.
(b) Report.--The Comptroller General of the United States
shall submit to the Committee on Homeland Security and the
Committee on Appropriations of the House of Representatives
and the Committee on Homeland Security and Governmental
Affairs and the Committee on Appropriations of the Senate a
report on the review conducted under this section. Such
report shall be submitted in unclassified form but may
include a classified annex.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Pennsylvania (Mr. Fitzpatrick) and the gentlewoman from New Jersey
(Mrs. Watson Coleman) each will control 20 minutes.
The Chair recognizes the gentleman from Pennsylvania.
General Leave
Mr. FITZPATRICK. Mr. Speaker, I ask unanimous consent that all
Members have 5 legislative days within which to revise and extend their
remarks and include any extraneous material on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
[[Page H2218]]
There was no objection.
Mr. FITZPATRICK. Mr. Speaker, I yield myself as much time as I may
consume.
I rise today in strong support of H.R. 1249, the DHS Multiyear
Acquisition Strategy Act of 2017.
The Department of Homeland Security spends billions of taxpayer
dollars annually on a variety of systems to secure our borders, protect
our aviation system, safeguard our shores, and shield our cyberspace,
among other critical missions. Unfortunately, watchdogs at the
Government Accountability Office and the DHS Office of Inspector
General have found longstanding problems with how DHS has managed these
programs. DHS continues to be on GAO's high-risk list for acquisition
management, meaning these programs are susceptible to fraud, waste,
abuse, and mismanagement.
In addition, the Department has failed to have a strategic vision for
its major purposes. The result has been wasted effort and taxpayer
money gone, with little to show for it. Look at the TSA puffer machines
from a few years ago as a past example.
Without a comprehensive strategy, industry also does not have the
needed information to best support DHS in making smart investments in
executing its mission.
My bill will require DHS to establish this much-needed strategy to
ensure taxpayer dollars are safeguarded and frontline operators receive
the tools they need to successfully protect Americans.
My bill will also ensure that DHS works collaboratively with the
private sector to fully leverage their innovative solutions. As a
former FBI agent, I know how important it is to get critical tools out
to the field to help agents and officers secure our Nation.
I urge all Members to join me in supporting this bill, and I reserve
the balance of my time.
Mrs. WATSON COLEMAN. Mr. Speaker, I rise in support of H.R. 1249, the
DHS Multiyear Acquisition Strategy Act of 2017, and I yield myself such
time as I may consume.
Safeguarding our country and the American people is the Department of
Homeland Security's most solemn responsibility.
Today, Homeland Security threats are multidimensional and changing at
an unprecedented pace. As such, it is critical that DHS' acquisition
programs be targeted to meet the demands of an ever-evolving threat
environment. To ensure long-term strategic planning, H.R. 1249 directs
DHS to develop a multiyear acquisition strategy as is currently
required at the Transportation Security Administration.
The bill is intended to foster a more strategic approach to how DHS
executes and manages procurement. Specifically, it directs DHS, in
consultation with industry stakeholders and academia, to develop a
prioritized list of major acquisitions together with information on the
expected security and economic benefits of these programs.
To guard against wasteful spending on redundant programs, it also
directs DHS to work towards developing a DHS-wide inventory of
investments and real property. Once DHS has such an inventory, I
believe it will find areas for greater efficiency and be able to
redirect limited Homeland Security resources to vital programs.
One of the critical features of the strategy is the requirement that
DHS have a plan to address funding gaps that may exist in major
acquisition programs.
Given that the Trump administration's 2018 budget prioritizes funding
the border wall that the President promised during the campaign and
amplifying immigration enforcement, there is a real concern that
important programs that are desperately needed within DHS will get
short shrift.
H.R. 1249 was approved unanimously by the Committee on Homeland
Security earlier this month, and similar legislation was approved by a
voice vote by the House in October of 2015.
Mr. Speaker, the establishment of the Department-wide acquisition
strategy, as H.R. 1249 requires, has the potential of helping the
Department achieve economies of scale that result in cost savings and
better use of limited Homeland Security resources.
I am particularly pleased that the legislation directs the Department
to assess ways it can better test and acquire innovative technologies.
Some of the most vexing Homeland Security challenges can only be fully
addressed when DHS partners with innovators, particularly small
businesses.
I want to congratulate the gentleman, my colleague from Pennsylvania.
Mr. Speaker, I would urge the support of H.R. 1249, and I yield back
the balance of my time.
Mr. FITZPATRICK. Mr. Speaker, I once again urge my colleagues to
support H.R. 1249, and I want to thank my colleague from New Jersey
(Mrs. Watson Coleman) for her bipartisan leadership on a bill that will
surely help keep our country safe.
Mr. Speaker, I yield back the balance of my time.
Mr. McCAUL. Mr. Speaker, I rise in strong support of H.R. 1249, the
DHS Multiyear Acquisition Strategy Act of 2017. I thank Representative
Fitzpatrick for his leadership in championing this important
legislation. I also want to commend the other Committee Members,
especially the freshmen, on their key bipartisan legislation being
considered today.
We are in dangerous times and our homeland faces significant threats.
The tools we provide our frontline personnel securing our borders,
protecting our airports, and defending our cyber networks need to be
delivered on time and properly designed to meet their needs.
Far too often, DHS has mismanaged major acquisition programs and the
result has been systems that are late, do less, and cost more to the
taxpayer. Representative Fitzpatrick's bill, along with Representatives
Rutherford and Higgins' bills, is critical in ensuring that DHS better
manages these vital acquisition programs. These bills put important
safeguards into place to guard against waste, fraud, abuse, and
mismanagement.
As we move forward with our Committee's work to reauthorize DHS for
the first time ever, we will continue our focus on draining the waste
from the Department to ensure our homeland is secured efficiently and
effectively. I urge my colleagues to support H.R. 1249.
Ms. JACKSON LEE. Mr. Speaker, as a senior member of the House
Committee on Homeland Security I rise in support of H.R. 1249, the
``DHS Multiyear Acquisition Strategy Act of 2017'', which requires the
Department of Homeland Security to develop a multiyear acquisition
strategy.
H.R. 1249 seeks to streamline the Department of Homeland Security's
acquisition process to promote strategic investment as well as cost
savings for taxpayers.
DHS would be required to provide Congress with the new strategy which
needs to include:
1. A prioritized list of major acquisition programs
2. An inventory of investments and real estate assets
3. A plan to address funding gaps, prevent wasteful purchases,
achieve efficiency, align prices for similar items, and use purchase
timing and economies of scale
4. An identification of tests to support the acquisition of
technology, leverage emerging trends and incorporate technology into
DHS's operating doctrine
5. An assessment of how DHS could encourage appropriate risk-taking
and minimize cost overruns, including when the department identifies
needs, Develops cost assessments, Secures funding, Demonstrates
technology maturity, and establishes its workforce
6. An assessment to improve collaboration with industry, small and
disadvantaged businesses, intra-government offices, university centers
of excellence, certification organizations, and national laboratories
Although the DHS has taken measures to improve acquisition
management, DHS programs still cost taxpayers over $7 billion per year.
In its 2017 list of ``high-risk'' areas, GAO reported DHS needed to
improve the affordability of its major acquisition programs and address
staffing shortfalls.
DHS acquisition programs may continue to be at high risk for waste,
fraud, and abuse.
This bill will assist oversight committees in better preparing men
and women on the frontlines securing our borders, protecting our
airports, and defending our shores by making sure we know what works
and what is needed before taxpayer dollars are spent.
Efficient use of resources within the Department of Homeland Security
is crucial to the safety of all Texans, and all Americans especially in
regards to border security.
The Texas-Mexico border makes up 1,254 miles of the 1,900-mile-long
U.S.-Mexico border.
The more money wasted on unnecessary overhead costs, the less
resources the Department has to fulfill its key mission of protecting
our border and our homeland.
By passing this bipartisan measure, we can ensure that the DHS
operates in a more efficient manner and can better stay ahead of
threats to our country.
[[Page H2219]]
I ask my colleagues to join me in supporting H.R. 1249.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Pennsylvania (Mr. Fitzpatrick) that the House suspend
the rules and pass the bill, H.R. 1249, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. FITZPATRICK. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________