[Congressional Record Volume 168, Number 83 (Monday, May 16, 2022)]
[House]
[Pages H4985-H4988]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       DHS ACQUISITION REFORM ACT

  Mr. MALINOWSKI. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 6871) 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.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 6871

       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''.

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

       Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 
     341) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2), by inserting ``and acquisition 
     management'' after ``Procurement''; and
       (B) in paragraph (6), by inserting ``(including firearms 
     and other sensitive assets)'' after ``equipment'';
       (2) by redesignating subsections (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
       (3) by 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 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 
     131 of such title) include the following:
       ``(A) Advising the Secretary regarding acquisition 
     management activities, considering 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 714) and standards and, where 
     appropriate, acquisition innovation best practices.
       ``(B) Leading the Department's acquisition oversight body, 
     the Acquisition Review Board.
       ``(C) Synchronizing interagency coordination relating to 
     acquisition programs and acquisition management efforts of 
     the Department.
       ``(D) Exercising the acquisition decision authority (as 
     such term is defined in section 714) to approve, pause, 
     modify (including the rescission of approvals of program 
     milestones), or cancel major acquisition programs (as such 
     term is defined in section 714), unless the Under Secretary 
     delegates such authority to a Component Acquisition Executive 
     (as such term is defined in section 714) pursuant to 
     paragraph (3).
       ``(E) Providing additional scrutiny and oversight for an 
     acquisition that is not a major acquisition if--
       ``(i) the acquisition is for a program that is important to 
     the strategic and performance plans of the Department;
       ``(ii) the acquisition is for a program with significant 
     program or policy implications; and
       ``(iii) the Secretary determines that such scrutiny and 
     oversight for the acquisition is proper and necessary.
       ``(F) Establishing policies for managing acquisitions 
     across the Department that promote best practices (as such 
     term is defined in section 714).
       ``(G) Establishing policies for acquisition that implement 
     an approach that considers 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 714).
       ``(H) Ensuring that each major acquisition program has a 
     Department-approved acquisition program baseline (as such 
     term is defined in section 714), pursuant to the Department's 
     acquisition management policy that is traceable to the life-
     cycle cost estimate of the program, integrated master 
     schedule, and operational requirements.
       ``(I) 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.
       ``(J) Ensuring that grants and financial assistance are 
     provided only to individuals and organizations that are not 
     suspended or debarred.
       ``(K) 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.
       ``(L) Overseeing the Component Acquisition Executive 
     organizational structure to ensure Component Acquisition 
     Executives have sufficient capabilities and comply with 
     Department acquisition policies.
       ``(M) Developing and managing a professional acquisition 
     workforce to ensure the goods and services acquired by the 
     Department meet the needs of the mission and are at the best 
     value for the expenditure of public resources.
       ``(3) Delegation of certain acquisition decision 
     authority.--The Under Secretary for Management may delegate 
     acquisition decision authority, in writing, to the relevant 
     Component Acquisition Executive for a major capital asset, 
     service, or hybrid acquisition program that has a life-cycle 
     cost estimate of at least $300,000,000 but not more than 
     $1,000,000,000, based on fiscal year 2022 constant dollars, 
     if--
       ``(A) the component concerned possesses working policies, 
     processes, and procedures that are consistent with Department 
     acquisition policy;
       ``(B) the Component Acquisition Executive concerned has 
     adequate, experienced, and dedicated professional employees 
     with program management training; and
       ``(C) each major acquisition program has a Department-
     approved acquisition program baseline, and it is meeting 
     agreed-upon cost, schedule, and performance thresholds.''.

     SEC. 3. OFFICE OF TEST AND EVALUATION OF THE DEPARTMENT OF 
                   HOMELAND SECURITY.

       (a) In General.--Title III of the Homeland Security Act of 
     2002 (6 U.S.C. 181 et seq.) is amended by adding at the end 
     the following new section:

     ``SEC. 323. OFFICE OF TEST AND EVALUATION.

       ``(a) Establishment of Office.--There is established in the 
     Directorate of Science and Technology of the Department an 
     Office of Test and Evaluation (in this section referred to as 
     the `Office'). The Office shall--
       ``(1) serve as the principal advisory office for test and 
     evaluation support across the Department; and
       ``(2) serve as the test and evaluation liaison with--
       ``(A) Federal agencies and foreign, State, local, Tribal, 
     and territorial governments;
       ``(B) the private sector;
       ``(C) institutions of higher education; and
       ``(D) other relevant entities.
       ``(b) Director.--The Office shall be led by a Director. The 
     Director shall oversee the duties specified in subsection (a) 
     and carry out the following responsibilities:
       ``(1) Serve as a member of the Department's Acquisition 
     Review Board.
       ``(2) Establish and update, as necessary, test and 
     evaluation policies, procedures, and guidance for the 
     Department.
       ``(3) Ensure, in coordination with the Chief Acquisition 
     Officer, the Joint Requirements Council, the Under Secretary 
     for Science and Technology, and relevant component heads, 
     that acquisition programs (as such term is defined in section 
     714)--
       ``(A) complete reviews of operational requirements to 
     ensure such requirements--
       ``(i) are informed by threats, including physical and 
     cybersecurity threats;

[[Page H4986]]

       ``(ii) are operationally relevant; and
       ``(iii) are measurable, testable, and achievable within the 
     constraints of cost and schedule;
       ``(B) complete independent testing and evaluation of a 
     system or service throughout development of such system or 
     service;
       ``(C) complete operational testing and evaluation that 
     includes all system components and incorporates operators 
     into such testing and evaluation to ensure that a system or 
     service satisfies the mission requirements in the operational 
     environment of such system or service as intended in the 
     acquisition program baseline;
       ``(D) use independent verification and validation of test 
     and evaluation implementation and results, as appropriate; 
     and
       ``(E) document whether such programs meet all operational 
     requirements.
       ``(4) Provide oversight of test and evaluation activities 
     for major acquisition programs throughout the acquisition 
     life cycle by--
       ``(A) approving program test and evaluation master plans, 
     plans for individual test and evaluation events, and other 
     related documentation, determined appropriate by the 
     Director;
       ``(B) approving which independent test and evaluation agent 
     or third-party tester is selected for each program; and
       ``(C) providing an independent assessment to the 
     acquisition decision authority (as such term is defined in 
     section 714) that assesses a program's progress in meeting 
     operational requirements and operational effectiveness, 
     suitability, and resilience to inform production and 
     deployment decisions.
       ``(5) Determine if testing of a system or service conducted 
     by other Federal agencies, entities, or institutions of 
     higher education are relevant and sufficient in determining 
     whether such system or service performs as intended.
       ``(c) Annual Report.--
       ``(1) In general.--Not later than one year after the date 
     of the enactment of this section and annually thereafter, the 
     Director of the Office shall submit to the Secretary, the 
     Under Secretary for Management, component heads, and the 
     Committee on Homeland Security of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs a report relating to the test and 
     evaluation activities of the major acquisition programs of 
     the Department for the previous fiscal year.
       ``(2) Elements.--Each report required under paragraph (1) 
     shall include the following:
       ``(A) An assessment of--
       ``(i) test and evaluation activities conducted for each 
     major acquisition program with respect to demonstrating 
     operational requirements and operational effectiveness, 
     suitability, and resilience for each such program;
       ``(ii) any waivers of, or deviations from, approved program 
     test and evaluation master plans referred to in subsection 
     (b)(3)(A);
       ``(iii) any concerns raised by the independent test and 
     evaluation agent or third-party tester selected and approved 
     under subsection (b)(3)(B) relating to such waivers or 
     deviations; and
       ``(iv) any actions that have been taken or are planned to 
     be taken to address such concerns.
       ``(B) Recommendations with respect to resources, 
     facilities, and levels of funding made available for test and 
     evaluation activities referred to in subparagraph (A).
       ``(3) Form.--Each report required under paragraph (1) shall 
     be submitted in unclassified form but may include a 
     classified annex.
       ``(d) Relationship to Under Secretary for Science and 
     Technology.--
       ``(1) In general.--The Under Secretary for Management and 
     the Under Secretary for Science and Technology shall 
     coordinate in matters related to Department-wide acquisitions 
     so that investments of the Directorate of Science and 
     Technology are able to support current and future 
     requirements of the components of the Department.
       ``(2) Rule of construction.--Nothing in this subsection may 
     be construed as affecting or diminishing the authority of the 
     Under Secretary for Science and Technology.''.
       (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 322 the 
     following new item:

``Sec. 323. Office of Test and Evaluation.''.

     SEC. 4. 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 714) 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. 5. 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 714), 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 so comply, 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. 6. ACQUISITION AUTHORITIES FOR UNDER SECRETARY OF 
                   STRATEGY, POLICY, AND PLANS OF THE DEPARTMENT 
                   OF HOMELAND SECURITY.

       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 714) support the DHS Quadrennial Homeland Security 
     Review Report, the DHS Strategic Plan, the DHS Strategic 
     Priorities, and other appropriate successor documents;''.

     SEC. 7. ACQUISITION AUTHORITIES FOR PROGRAM ACCOUNTABILITY 
                   AND RISK MANAGEMENT (PARM) OF THE DEPARTMENT OF 
                   HOMELAND SECURITY.

       (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. 714. PROGRAM ACCOUNTABILITY AND RISK MANAGEMENT 
                   OFFICE.

       ``(a) Establishment of Office.--There is established in the 
     Management Directorate of the Department a Program 
     Accountability and Risk Management office. Such office 
     shall--
       ``(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) Executive Director.--The Program Accountability and 
     Risk Management office shall be led by an Executive Director. 
     The Executive Director shall oversee the duties specified in 
     subsection (a), report directly to the Under Secretary for 
     Management, and carry out the following responsibilities:
       ``(1) Regularly monitor 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, acquisition workforce, 
     and related activities of the Department.
       ``(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 to--
       ``(A) make acquisition decisions consistent with all 
     applicable laws; and
       ``(B) establish clear lines of authority, accountability, 
     and responsibility for acquisition decision-making within the 
     Department.
       ``(6) Develop standardized certification standards, in 
     consultation with the Component Acquisition Executives, for 
     all acquisition program managers.
       ``(7) Assess the results of major acquisition programs' 
     post-implementation reviews, and identify opportunities to 
     improve performance throughout the acquisition process.
       ``(8) 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.
       ``(9) Assist, as appropriate, with the preparation of the 
     Future Years Homeland Security Program, and make such 
     information available to the congressional homeland security 
     committees.
       ``(10) In coordination with the Component Acquisition 
     Executives, maintain the Master Acquisition Oversight List, 
     updated quarterly, that shall serve as an inventory of all 
     major acquisition programs and non-major acquisition programs 
     within the Department, including for each such program--

[[Page H4987]]

       ``(A) the component sponsoring the acquisition;
       ``(B) the name of the acquisition;
       ``(C) the acquisition level as determined by the 
     anticipated life-cycle cost of the program and other criteria 
     pursuant to the Department-level acquisition policy;
       ``(D) the acquisition decision authority for the 
     acquisition; and
       ``(E) the current acquisition phase.
       ``(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) establish an organizational structure for conducting 
     acquisitions within the component, to be managed by a 
     Component Acquisition Executive;
       ``(2) obtain the resources necessary to operate such an 
     organizational structure that are aligned with the number, 
     type, size, and complexity of the acquisition programs of the 
     component; and
       ``(3) oversee sustainment of capabilities deployed by major 
     acquisition programs and non-major acquisition programs after 
     all planned deployments are completed until such capabilities 
     are retired or replaced.
       ``(d) Responsibilities of Component Acquisition 
     Executives.--Each Component Acquisition Executive shall--
       ``(1) establish and implement policies and guidance for 
     managing and conducting oversight for major acquisition 
     programs and non-major acquisition programs within the 
     component at issue that comply with Federal law, the Federal 
     Acquisition Regulation, and Department acquisition management 
     directives established by the Under Secretary for Management;
       ``(2) for each major acquisition program--
       ``(A) define baseline requirements and document changes to 
     such requirements, as appropriate;
       ``(B) 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;
       ``(C) verify each life cycle cost estimate against 
     independent cost estimates or assessments, as appropriate, 
     and reconcile any differences;
       ``(D) complete a cost-benefit analysis with supporting 
     documentation; and
       ``(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;
       ``(3) ensure that all acquisition program documentation 
     provided by the component demonstrates the knowledge required 
     for successful program execution prior to final approval and 
     is complete, accurate, timely, and valid;
       ``(4) in such cases where it is appropriate, exercise the 
     acquisition decision authority to approve, pause, modify 
     (including the rescission of approvals of program 
     milestones), or cancel major acquisition programs or non-
     major acquisition programs when delegated by the Under 
     Secretary for Management pursuant to section 701(d)(3); and
       ``(5) review, oversee, and direct activities between 
     acquisition decision events for major acquisition programs 
     within the component for which the Under Secretary for 
     Management is the acquisition decision authority.
       ``(e) 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, in 
     addition to the authorities and functions specified in 
     subsection (b) of section 1702 of title 41, United States 
     Code, held by the Secretary acting through the 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 throughout 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 appropriate acquisition program management of 
     cost, schedule, risk, and system or service performance of 
     the acquisition program at issue, including assessing 
     acquisition program baseline breaches and directing any 
     corrective action for such breaches;
       ``(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; and
       ``(F) establish policies and procedures for major 
     acquisition programs of the Department.
       ``(3) Acquisition decision event.--The term `acquisition 
     decision event', with respect to an acquisition program, 
     means a predetermined point within the acquisition life-cycle 
     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 conceptualization, initiation, design, development, 
     test, contracting, production, deployment, logistics support, 
     modification, or disposal of systems, supplies, or services 
     (including construction) to satisfy the Department's needs.
       ``(5) Acquisition program baseline.--The term `acquisition 
     program baseline', with respect to an acquisition program, 
     means the cost, schedule, and performance parameters, 
     expressed in standard, measurable, quantitative terms, which 
     must be met 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, procurement, and support that 
     includes the following:
       ``(A) Identifying and validating needs.
       ``(B) Assessing alternatives to select the most appropriate 
     solution.
       ``(C) Establishing well-defined requirements.
       ``(D) Developing realistic cost assessments and schedules 
     that account for the entire life-cycle of an acquisition.
       ``(E) Demonstrating technology, design, and manufacturing 
     maturity before initiating production.
       ``(F) Using milestones and exit criteria or specific 
     accomplishments that demonstrate the attainment of knowledge 
     to support progress throughout the acquisition phases.
       ``(G) Regularly assessing and managing risks to achieve 
     requirements and cost and schedule goals.
       ``(H) To the maximum extent possible, adopting and 
     executing standardized processes.
       ``(I) Establishing a workforce that is qualified to perform 
     necessary acquisition roles.
       ``(J) Integrating into the Department's mission and 
     business operations the capabilities described in 
     subparagraphs (A) through (I).
       ``(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 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.
       ``(10) Life-cycle cost.--The term `life-cycle cost' means 
     the total cost to the Government of acquiring, operating, 
     supporting, and (if applicable) disposing of the items being 
     acquired.
       ``(11) Major acquisition program.--The term `major 
     acquisition program' means a Department capital asset, 
     services, or hybrid acquisition program that is estimated by 
     the Secretary to require an eventual total expenditure of at 
     least $300,000,000 (based on fiscal year 2022 constant 
     dollars) over its life cycle 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. 714. Program Accountability and Risk Management office.''.

     SEC. 8. ACQUISITION DOCUMENTATION.

       (a) In General.--Subtitle D of title VIII of the Homeland 
     Security Act of 2002 (6 U.S.C. 391 et seq.), as amended by 
     this Act, is further amended by adding at the end the 
     following new section:

     ``SEC. 837. ACQUISITION DOCUMENTATION.

       ``For each major acquisition program (as such term is 
     defined in section 714), the Secretary, acting through the 
     Under Secretary for Management, shall require the head of 
     each relevant component or office of the Department to--
       ``(1) maintain acquisition documentation that is complete, 
     accurate, timely, and valid, and that includes--
       ``(A) operational requirements that are validated 
     consistent with departmental policy;
       ``(B) a complete life-cycle cost estimate with supporting 
     documentation;
       ``(C) verification of such life-cycle cost estimate against 
     independent cost estimates, and reconciliation of any 
     differences;
       ``(D) a cost-benefit analysis with supporting 
     documentation;
       ``(E) an integrated master schedule with supporting 
     documentation;
       ``(F) plans for conducting systems engineering reviews and 
     test and evaluation activities throughout development to 
     support production and deployment decisions;

[[Page H4988]]

       ``(G) an acquisition plan that outlines the procurement 
     approach, including planned contracting vehicles;
       ``(H) a logistics and support plan for operating and 
     maintaining deployed capabilities until such capabilities are 
     disposed of or retired; and
       ``(I) an acquisition program baseline that is traceable to 
     the operational requirements of the program required under 
     subparagraphs (A), (B), and (E);
       ``(2) prepare cost estimates and schedules for major 
     acquisition programs pursuant to subparagraphs (B) and (E) of 
     paragraph (1) in a manner consistent with best practices as 
     identified by the Comptroller General of the United States; 
     and
       ``(3) ensure any revisions to the acquisition documentation 
     maintained pursuant to paragraph (1) are reviewed and 
     approved in accordance with departmental policy.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 is amended by 
     adding after the item relating to section 836, as added by 
     section 3 of this Act, the following new item:

``Sec. 837. Acquisition documentation.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Malinowski) and the gentleman from Kansas (Mr. LaTurner) 
each will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey.


                             General Leave

  Mr. MALINOWSKI. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks and 
include extraneous material on this measure.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. MALINOWSKI. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, today, I rise in support of H.R. 6871, the DHS 
Acquisition Reform Act. The Committee on Homeland Security has examined 
for several years the Department of Homeland Security's challenges in 
managing its acquisition programs.
  The Department uses its acquisition system to carry out its critical 
missions, such as screening travelers, cybersecurity, border security, 
and disaster response.
  In 2016, the Government Accountability Office reported that one-third 
of the DHS major acquisition programs it reviewed experienced cost 
overruns and schedule delays, increasing costs by $1.7 billion. And 
just last year, GAO reported that 10 of the Department's 24 programs 
that it reviewed had failed to meet their cost or schedule targets 
during fiscal year 2020.
  To address DHS' acquisition challenges, H.R. 6871 would centralize 
oversight of the Department's portfolios of acquisition programs to 
guard against waste. The bill designates the Under Secretary for 
Management as the Department's chief acquisition officer and authorizes 
related oversight responsibilities for other key officials.
  Under this act, the chief acquisition officer is charged with 
advising the Secretary of Homeland Security regarding acquisition 
activities that incorporate widely accepted program management best 
practices and standards.
  H.R. 6871 establishes an Office of Test and Evaluation to provide 
oversight of test and evaluation activities for major acquisition 
programs to ensure that those programs meet operational requirements. 
Additionally, the bill establishes a Program Accountability and Risk 
Management Office to identify problems with cost, schedule, or 
performance that may need to be addressed to prevent cost overruns, 
schedule delays, or performance issues.
  The increased oversight provided in the DHS Acquisition Reform Act 
will help the Department to manage its major acquisitions more 
effectively.
  Mr. Speaker, I urge my House colleagues to support this legislation, 
and I reserve the balance of my time.
  Mr. LaTURNER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, today, I proudly rise in support of my bill, H.R. 6871, 
the DHS Acquisition Reform Act.
  The Department of Homeland Security has many critical missions, 
including: protecting the Nation from terrorist attacks, enforcing our 
trade and immigration laws, and securing our borders, among many 
others.
  The goal of this legislation is to make DHS a better steward of 
taxpayer money. We need to ensure that taxpayer dollars are spent in a 
way that is transparent and accountable to the American people. DHS 
continues to face challenges in its acquisition program, such as the 
inconsistency of organizational and oversight structures, and 
variability in the application of Department policies.
  In January 2021, the Government Accountability Office reported that 
of the 24 acquisition programs it audited, 10 had been in breach of 
their cost goals, schedule goals, or a combination of both, at some 
point during fiscal year 2020. This means it will cost the Department--
and subsequently, the taxpayer--more money to get what the Department 
needs. We need to do what we can to stop this.
  Further, in 2018, the inspector general reported that DHS components 
have a habit of acquiring goods and services before they adequately 
define the requirements or develop performance measures. The more DHS 
tacitly accepts this type of behavior in its programs, the more program 
costs can be expected to grow.
  Given these challenges, and the significant level of DHS investment 
in these programs, it is vital we ensure that the proper oversight and 
organizational structures are in place for DHS to acquire goods and 
services in the most efficient and effective way possible.
  This bill designates the DHS Under Secretary for Management as the 
Department's chief acquisition officer, or CAO, and outlines specific 
responsibilities and authorities regarding acquisitions.
  These responsibilities include overseeing the DHS Acquisition Review 
Board; exercising acquisition decision authority to approve, modify, or 
cancel acquisition programs; and establishing and distributing policies 
regarding acquisitions.
  The bill also lays out in statute two critical offices at DHS: The 
Office of Test and Evaluation and its responsibility to oversee 
independent testing of acquisition programs, and the Program 
Accountability and Risk Management Office and its role in DHS 
acquisitions.
  In addition, the bill describes the acquisition responsibilities of 
other senior DHS leaders, including: the chief financial officer, the 
chief information officer, and the Under Secretary of Strategy, Policy, 
and Plans.
  This bill will ensure that DHS has the appropriate mechanisms in 
place to succeed and will make its acquisition process open and 
transparent to the American taxpayer.
  Mr. Speaker, I thank my good friend, Mr. Torres, for cosponsoring 
this measure, as well as Ranking Member Katko and Chairman Thompson for 
bringing it to the floor.
  Mr. Speaker, I urge Members to join me in supporting H.R. 6871, and I 
yield back the balance of my time.
  Mr. MALINOWSKI. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, H.R. 6871 will help ensure that DHS acquisition programs 
remain on budget and on schedule while meeting performance 
requirements.
  In committee, this measure, introduced by my colleague from Kansas, 
Mr. LaTurner, received strong bipartisan support.
  Mr. Speaker, I urge my colleagues to support H.R. 6871, and I yield 
back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Jersey (Mr. Malinowski) that the House suspend the 
rules and pass the bill, H.R. 6871.
  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. HICE of Georgia. Mr. Speaker, on that I demand the yeas and nays.
  The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 
8, the yeas and nays are ordered.
  Pursuant to clause 8 of rule XX, further proceedings on this motion 
are postponed.

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