[Congressional Record Volume 163, Number 48 (Monday, March 20, 2017)]
[House]
[Pages H2219-H2221]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1630
DHS ACQUISITION AUTHORITIES ACT OF 2017
Mr. HIGGINS of Louisiana. Mr. Speaker, I move to suspend the rules
and pass the bill (H.R. 1252) 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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1252
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); and
(2) inserting after subsection (c) the following new
subsection:
``(d) Acquisition and Related Responsibilities.--
``(1) 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. As Chief
Acquisition Officer, the Under Secretary shall have the
authorities and perform the functions specified in section
1702(b) of such title, and perform all other functions and
responsibilities delegated by the Secretary or described in
this subsection.
``(2) 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 (as such term is defined in section
710) 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 its mission through the
adoption of widely accepted program management best practices
(as such term is defined in section 710) and standards and,
where appropriate, acquisition innovation best practices.
``(B) Leading the Department's acquisition oversight body,
the Acquisition Review Board, and exercising the acquisition
decision authority (as such term is defined in section 710)
to approve, pause, modify (including the rescission of
approvals of program milestones), or cancel major acquisition
programs (as such term is defined in section 710), unless the
Under Secretary delegates such authority to a Component
Acquisition Executive (as such term is defined in section
710) pursuant to paragraph (3).
``(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 (as such
term is defined in section 710), pursuant to the Department's
acquisition management policy.
``(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 Department's
information systems and technologies, 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.
``(3) 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 at least $300,000,000 but not 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 it has a Department-
approved acquisition program baseline and it is meeting
agreed-upon cost, schedule, and performance thresholds.
``(4) Relationship to under secretary for science and
technology.--
``(A) In general.--Nothing in this subsection shall
diminish the authority granted to the Under Secretary for
Science and Technology under this Act. 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 such operational testing and evaluation
includes all system components and incorporates operators
into the testing to ensure that systems perform as intended
in the appropriate operational 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.
Paragraph (2) of section 702(b) of the Homeland Security
Act of 2002 (6 U.S.C. 342(b)) is amended by adding at the end
the following new subparagraph:
``(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 new
subsection:
``(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 such term is 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 Department's
management directives, make recommendations to the
Acquisition Review Board regarding such noncompliance.
``(2) Be responsible for providing recommendations to the
Acquisition Review Board 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:
[[Page H2220]]
``SEC. 710. ACQUISITION AUTHORITIES FOR PROGRAM
ACCOUNTABILITY AND RISK MANAGEMENT.
``(a) Establishment of Office.--Within the Management
Directorate, there shall be a Program Accountability and Risk
Management office 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.
``(b) Responsibilities of Executive Director.--The Program
Accountability and Risk Management office shall be led by an
Executive Director to oversee the requirement under
subsection (a). The Executive Director shall report directly
to the Under Secretary for Management, and shall carry out
the following responsibilities:
``(1) 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.
``(2) Assist the Under Secretary for Management in managing
the Department's acquisition programs and related activities.
``(3) 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.
``(4) Serve as the focal point and coordinator for the
acquisition life cycle review process and as the executive
secretariat for the Acquisition Review Board.
``(5) 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
decisionmaking within the Department.
``(6) 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.
``(7) Develop standardized certification standards in
consultation with the Component Acquisition Executives for
all acquisition program managers.
``(8) 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.
``(9) Provide technical support and assistance to
Department acquisitions and acquisition personnel in
conjunction with the Chief Procurement Officer.
``(10) Prepare the Department's Comprehensive Acquisition
Status Report, as required by title I of division D of the
Consolidated Appropriations Act, 2016 (Public Law 114-113),
and make such report available to the congressional homeland
security committees.
``(c) Responsibilities of Components.--Each head of a
component shall comply with Federal law, the Federal
Acquisition Regulation, and Department acquisition management
directives established by the Under Secretary for Management.
For each major acquisition program, each head of a component
shall--
``(1) define baseline requirements and document changes to
such requirements, as appropriate;
``(2) establish a complete life cycle cost estimate with
supporting documentation, including an acquisition program
baseline;
``(3) verify each life cycle cost estimate against
independent cost estimates, and reconcile any differences;
``(4) complete a cost-benefit analysis with supporting
documentation;
``(5) 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
``(6) ensure that all acquisition program information
provided by the component is complete, accurate, timely, and
valid.
``(d) 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) 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
such 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 such 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 Department's mission
and business operations.
``(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) Congressional homeland security committees.--The term
`congressional homeland security 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 of the Senate.
``(9) 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.
``(10) 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 709 the
following new item:
``Sec. 710. Acquisition authorities for Program Accountability and Risk
Management.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Louisiana (Mr. Higgins) and the gentlewoman from New Jersey (Mrs.
Watson Coleman) each will control 20 minutes.
The Chair recognizes the gentleman from Louisiana.
General Leave
Mr. HIGGINS of Louisiana. 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 materials on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Louisiana?
There was no objection.
[[Page H2221]]
Mr. HIGGINS of Louisiana. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I rise in strong support of H.R. 1252, the Department of
Homeland Security Acquisition Authorities Act of 2017.
The Department of Homeland Security has been routinely criticized
over the years by watchdogs at the Government Accountability Office and
DHS Office of Inspector General for failing to responsibly manage its
major acquisition programs. These programs, which secure our borders,
safeguard our cyber networks, protect air travelers, defend our shores,
among other critical missions, and cost taxpayers billions of dollars
every year.
Watchdogs have previously reported how DHS leadership has failed to
hold programs accountable to its own acquisition policies. In some
cases, these programs have spent billions of dollars of American
treasure without having to show what they will ultimately cost, when
they will be complete, and what benefits they will deliver to frontline
operators. DHS' Under Secretary for Management has not had the force of
law to hold these programs accountable until now.
My bill establishes a top cop in the Under Secretary for Management
as Chief Acquisitions Officer to oversee these billion-dollar programs.
It requires thoughtful management of major acquisition programs based
on private sector best practices. My bill requires strong
accountability measures to oversee major acquisition programs so that
these critical tools get into the hands of those defending our homeland
on time and on budget.
Mr. Speaker, I urge all Members to join me in supporting this bill,
and I reserve the balance of my time.
House of Representatives, Committee on Science, Space,
and Tehcnology,
Washington, DC, March 10, 2017.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security, House of
Representatives, Washington, DC.
Dear Mr. Chairman: I am writing concerning H.R. 1252, the
``DHS Acquisition Authorities Act of 2017,'' which your
Committee ordered reported on March 8, 2017.
H.R. 1252 contains provisions within the Committee on
Science, Space, and Technology's Rule X jurisdiction. In
order to expedite this bill for floor consideration, the
Committee on Science, Space, and Technology will forego
action on the bill. This is being done on the basis of our
mutual understanding that doing so will in no way diminish or
alter the jurisdiction of the Committee on Science, Space,
and Technology with respect to the appointment of conferees,
or to any future jurisdictional claim over the subject
matters contained in the bill or similar legislation.
I would appreciate your response to this letter confirming
this understanding, and would request that you include a copy
of this letter and your response in the Congressional Record
during the floor consideration of this bill. Thank you in
advance for your cooperation.
Sincerely,
Lamar Smith,
Chairman.
____
House of Representatives,
Committee on Homeland Security,
Washington, DC, March 10, 2017.
Hon. Lamar Smith,
Chairman, Committee on Science, Space, and Technology,
Washington, DC.
Dear Chairman Smith: Thank you for your letter regarding
H.R. 1252, the ``DHS Acquisition Authorities Act of 2017.'' I
appreciate your support in bringing this legislation before
the House of Representatives, and accordingly, understand
that the Committee on Science, Space, and Technology will not
seek a sequential referral on the bill.
The Committee on Homeland Security concurs with the mutual
understanding that by foregoing a sequential referral of this
bill at this time, the Committee on Science, Space, and
Technology does not waive any jurisdiction over the subject
matter contained in this bill or similar legislation in the
future. In addition, should a conference on this bill be
necessary, I would support a request by the Committee on
Science, Space, and Technology for conferees on those
provisions within your jurisdiction.
I will insert copies of this exchange in the Congressional
Record during consideration of this bill on the House floor.
I thank you for your cooperation in this matter.
Sincerely,
Michael T. McCaul,
Chairman.
Mrs. WATSON COLEMAN. Mr. Speaker, I yield myself such time as I may
consume.
I rise in support of H.R. 1252, the DHS Acquisition Authorities Act
of 2017. The Department of Homeland Security has limited acquisition
resources and must be effective stewards of taxpayer dollars. As such,
DHS' procurement practices must be sound, effective, and adhered to
throughout the organization.
Although DHS has come a long way since its inception in 2002,
acquisition management remains a challenge for the Department. In fact,
a 2015 assessment by the GAO of DHS' largest acquisition programs
determined that only 2 of the 22 reviewed programs were on track to
meet their initial schedule and cost parameters.
Responsibility for addressing weaknesses in acquisitions management
and increasing effectiveness of DHS' major acquisitions begins at the
top, with the DHS leadership. To that end, H.R. 1252 codifies that
acquisition decision authority rests with the Under Secretary for
Management as the Department's Chief Acquisition Officer.
H.R. 1252 authorizes the Under Secretary for Management to mandate
acquisition policies, establishes the Under Secretary as lead of the
Department's acquisition oversight body, and charges the Under
Secretary with advising the Secretary regarding acquisition management
activities.
To ensure greater oversight of the Department's procurement
activities, H.R. 1252 also establishes acquisition management functions
for DHS' Chief Financial Officer, Chief Information Officer, and the
Program Accountability and Risk Management Office.
This legislation is intended to clarify roles and responsibilities
within DHS acquisition management activities and increase
accountability of the Department's procedures, particularly those
classified as underperforming.
H.R. 1252 was approved by the House in October 2015, and was approved
unanimously by the Committee on Homeland Security just a few weeks ago.
Given the complexity of the organization, it is incumbent upon the
Department to tackle its diverse procurement challenges from the top
down.
H.R. 1252 codifies the acquisition management roles within the
Department and supports enhanced accountability in management of DHS'
acquisitions.
By passing this legislation, Congress can take another important step
toward increasing efficiency and improving outcomes of DHS' major
acquisition programs.
I join in congratulating the gentleman from Louisiana (Mr. Higgins)
on the good work that he has done here.
Mr. Speaker, I urge support of H.R. 1252, and I yield back the
balance of my time.
Mr. HIGGINS of Louisiana. Mr. Speaker, I thank the gentlewoman from
New Jersey. I, once again, urge my colleagues to support H.R. 1252, as
amended.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Louisiana (Mr. Higgins) that the House suspend the rules
and pass the bill, H.R. 1252, 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. HIGGINS of Louisiana. 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.
____________________