[Congressional Record Volume 166, Number 27 (Monday, February 10, 2020)]
[House]
[Pages H995-H997]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   DHS ACQUISITION REFORM ACT OF 2019

  Ms. TORRES SMALL of New Mexico. Mr. Speaker, I move to suspend the 
rules and pass the bill (H.R. 3413) 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. 3413

       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 Reform Act 
     of 2019''.

     SEC. 1. 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 subsection (d), the first subsection (e) 
     (relating to the system for award management consultation), 
     and the second subsection (e) (relating to the definition of 
     interoperable communications) as subsections (e), (f), and 
     (g), respectively; and
       (2) inserting after subsection (c) the following new 
     subsection:
       ``(d) Acquisition and Related Responsibilities.--
       ``(1) In general.--Notwithstanding section 1702(a) 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 such 
     section 1702(b), 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 
     711) 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 711) and standards and, 
     where appropriate, acquisition innovation best practices.
       ``(B) Leading the Department's acquisition oversight body, 
     the Acquisition Review Board.
       ``(C) Exercising the acquisition decision authority (as 
     such term is defined in section 711) to approve, pause, 
     modify (including the rescission of approvals of program 
     milestones), or cancel major acquisition programs (as such 
     term is defined in section 711), unless the Under Secretary 
     delegates such authority to a Component Acquisition Executive 
     (as such term is defined in section 711) pursuant to 
     paragraph (3).
       ``(D) 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 (as such term is 
     defined in section 711).
       ``(E) Ensuring that each major acquisition program has a 
     Department-approved acquisition program baseline (as such 
     term is defined in section 711), pursuant to the Department's 
     acquisition management policy.
       ``(F) Assisting the heads of components and Component 
     Acquisition Executives in efforts to comply with Federal law, 
     the Federal Acquisition Regulation, and Department 
     acquisition management directives.
       ``(G) Ensuring that grants and financial assistance are 
     provided only to individuals and organizations that are not 
     suspended or debarred.
       ``(H) 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.
       ``(I) Overseeing the Component Acquisition Executive 
     organizational structure to ensure Component Acquisition 
     Executives have sufficient capabilities and comply with 
     Department acquisition policies.
       ``(3) Delegation of certain acquisition decision 
     authority.--
       ``(A) Level 3 acquisitions.--The Under Secretary for 
     Management may delegate acquisition decision authority 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.
       ``(C) Level 1 acquisitions.--The Under Secretary for 
     Management may delegate acquisition decision authority in 
     writing to the relevant Component Acquisition Executive for a 
     Level 1 major acquisition program that has a life cycle cost 
     estimate of more than $1,000,000,000 if all of the following 
     requirements are met:
       ``(i) The Undersecretary for Management conducts a risk 
     assessment of the planned acquisition and determines that it 
     is appropriate to delegate authority for such major 
     acquisition program.
       ``(ii) The component concerned possesses working policies, 
     processes, and procedures that are consistent with 
     Department-level acquisition policy.
       ``(iii) 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.
       ``(iv) Each Level 1 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.
       ``(v) The Under Secretary for Management provides written 
     notification to the appropriate congressional committees of 
     the decision to delegate the authority to the relevant 
     Component Acquisition Executive.
       ``(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 to be acquired or developed by major 
     acquisition programs to assess operational effectiveness, 
     suitability, and cybersecurity;
       ``(II) use independent verification and validation of 
     operational test and evaluation implementation and results, 
     as appropriate; 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 
     departments and agencies and private entities is relevant and 
     sufficient in determining whether systems perform as intended 
     in the operational setting.''.

     SEC. 2. 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--
       (1) redesignating subparagraph (I) as subparagraph (J); and
       (2) inserting after subparagraph (H) the following new 
     subparagraph:
       ``(I) Oversee the costs of acquisition programs (as such 
     term is defined in section 711) 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.''.

[[Page H996]]

  


     SEC. 3. 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.--In addition to the 
     responsibilities specified in 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) Overseeing the management of the Homeland Security 
     Enterprise Architecture and ensuring that, before each 
     acquisition decision event (as such term is defined in 
     section 711), approved information technology acquisitions 
     comply with any departmental information technology 
     management requirements, security protocols, and the Homeland 
     Security Enterprise Architecture, and in any case in which 
     information technology acquisitions do not comply with the 
     Department's management directives, making recommendations to 
     the Department's Acquisition Review Board regarding such 
     noncompliance.
       ``(2) Providing recommendations to the Acquisition Review 
     Board regarding information technology programs, and 
     developing information technology acquisition strategic 
     guidance.''.

     SEC. 4. ACQUISITION AUTHORITIES FOR UNDER SECRETARY OF 
                   STRATEGY, POLICY, AND PLANS.

       Subsection (c) of section 709 of the Homeland Security Act 
     of 2002 (6 U.S.C. 349) is amended by--
       (1) redesignating paragraphs (4) through (7) as (5) through 
     (8), respectively; and
       (2) inserting after paragraph (3) the following new 
     paragraph:
       ``(4) ensure acquisition programs (as such term is defined 
     in section 711) support the DHS Quadrennial Homeland Security 
     Review Report, the DHS Strategic Plan, the DHS Strategic 
     Priorities, and other appropriate successor documents;''.

     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 new section:

     ``SEC. 711. 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;
       ``(2) serve as the central oversight function for all 
     Department major acquisition programs; and
       ``(3) provide review and analysis of Department acquisition 
     programs, as appropriate.
       ``(b) Responsibilities of Executive Director.--The Program 
     Accountability and Risk Management office shall be led by an 
     Executive Director to oversee the requirements specified in 
     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 major 
     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 Department's 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) Assist the Chief Procurement Officer of the 
     Department, as appropriate, in developing strategies and 
     specific plans for hiring, training, and professional 
     development to address 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) Assess the results of major acquisition programs' 
     post-implementation reviews and identify opportunities to 
     improve performance throughout the acquisition process.
       ``(9) Provide technical support and assistance to 
     Department acquisition programs and acquisition personnel and 
     coordinate with the Chief Procurement Officer regarding 
     workforce training and development activities.
       ``(10) Assist, as appropriate, with the preparation of the 
     Future Years Homeland Security Program, and make such 
     information 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 that is consistent with cost 
     estimating best practices as identified by the Comptroller 
     General of the United States;
       ``(3) verify each life cycle cost estimate against 
     independent cost estimates or assessments, as appropriate, 
     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 or fee funding, 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 the following:
       ``(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.
       ``(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

[[Page H997]]

       ``(B) the Committee on Appropriations of the House of 
     Representatives and the Committee on Appropriations 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 2019 constant dollars) over its life cycle cost or a 
     program identified by the Chief Acquisition Officer as a 
     program of special interest.''.
       (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 710 the 
     following new item:

``Sec. 711. Acquisition authorities for Program Accountability and Risk 
              Management.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
New Mexico (Ms. Torres Small) and the gentleman from Texas (Mr. 
Crenshaw) each will control 20 minutes.
  The Chair recognizes the gentlewoman from New Mexico.


                             General Leave

  Ms. TORRES SMALL of New Mexico. Mr. Speaker, I ask unanimous consent 
that all Members may have 5 legislative days to revise and extend their 
remarks and to include extraneous material on this measure.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from New Mexico?
  There was no objection.
  Ms. TORRES SMALL of New Mexico. Mr. Speaker, I yield myself such time 
as I may consume.
  Mr. Speaker, the Department of Homeland Security, DHS, invests 
billions of dollars in major acquisition programs annually to execute 
its critical missions. These programs acquire systems vital to homeland 
security, including ships for the U.S. Coast Guard and baggage 
screening systems for the Transportation Security Administration.
  However, the Government Accountability Office and the DHS Office of 
Inspector General have reported on the longstanding challenges DHS 
faces in managing its major acquisitions program. Although DHS has 
taken steps to improve acquisition management, DHS struggles to ensure 
that major acquisition programs cost what was originally estimated, are 
delivered on schedule, and provide the capabilities originally 
intended.
  H.R. 3413 clarifies responsibilities for acquisition management 
activities within DHS to ensure that major acquisition programs have 
the appropriate support and oversight needed to succeed. It will also 
improve accountability when major acquisition programs do not perform 
as well as intended.
  Mr. Speaker, I want to thank Congressman Crenshaw for yet another 
important DHS bill. I urge my House colleagues to support this 
legislation, and I reserve the balance of my time.
  Mr. CRENSHAW. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the Department of Homeland Security is tasked with some 
of the most critical national security functions in the Federal 
Government. The Department is responsible for securing our borders, 
defending our cyber networks, safeguarding air travel, and protecting 
our ports. To carry out these important missions, it is imperative that 
DHS acquire the proper tools and equipment and maintain proper 
oversight of such acquisitions.
  Both the Government Accountability Office and the DHS Office of 
Inspector General have reported on the persistent challenges that DHS 
has faced for years in managing its major acquisition programs. The 
Department's shortcomings in the management of these programs come with 
a hefty price tag for American taxpayers, to the tune of billions of 
dollars annually.
  GAO reviewed acquisitions at DHS in 2016 and found that 8 of 25 major 
acquisition programs experienced cost overruns, schedule slips, or 
both. On average, these programs' cost estimates ballooned by $1.7 
billion, and the key deadlines were missed by almost a year. Only 3 out 
of 25 major acquisition programs were on track to meet their original 
schedule and cost goals.
  GAO has also found that DHS components have not implemented 
acquisition policy consistently. In 2012, GAO determined that only 4 
out of 66 programs had all the required documents approved in 
accordance with DHS policy, and in 2015, GAO determined that DHS did 
not conduct needed operational testing on all acquisition programs.
  Although DHS has taken steps in recent years to improve acquisition 
management, this process remains ripe for waste, fraud, and abuse. The 
Department continues to struggle to ensure that major acquisition 
programs adhere to their budgets, timelines, and capability goals.
  To be clear, it is taxpayers who are on the hook for all of this. We 
must remember that every inefficiency in government spending results in 
an additional financial burden that must be covered by the citizens of 
this country.
  As egregious as the cost overruns may be, the consequences of not 
providing the proper tools on time are even more dire. If DHS cannot 
provide proper oversight of its major acquisition programs, then the 
Department cannot provide the tools they need to execute their missions 
to keep Americans safe.
  This bill goes a long way to correct some of the current shortfalls 
in the acquisition process, which will help ensure we are being 
responsible stewards of taxpayer dollars and protecting the integrity 
of these programs. It gives new authority over these billion-dollar 
programs to the Under Secretary for Management as the Chief Acquisition 
Officer. It fosters more thoughtful management of major acquisition 
programs using private-sector best practices and bolsters oversight and 
accountability measures.
  These changes will help move the necessary tools into the hands of 
those protecting our homeland in a timely and efficient manner without 
foisting a financial burden on Americans.
  Mr. Speaker, I urge adoption of my bill, and I yield back the balance 
of my time.
  Ms. TORRES SMALL of New Mexico. Mr. Speaker, H.R. 3413 is necessary 
to provide robust oversight of major acquisition programs to help 
ensure that these programs meet cost, schedule, and performance goals, 
and that taxpayer money is not wasted.
  A previous version of this bill passed the House in the 115th 
Congress by a vote of 407-1.
  Mr. Speaker, I urge my colleagues to, once again, pass this important 
legislation, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from New Mexico (Ms. Torres Small) that the House suspend 
the rules and pass the bill, H.R. 3413, 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.
  Ms. TORRES SMALL of New Mexico. 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.

                          ____________________