[Congressional Record (Bound Edition), Volume 163 (2017), Part 3]
[House]
[Pages 4438-4440]
[From the U.S. Government Publishing Office, www.gpo.gov]




             DHS MULTIYEAR ACQUISITION STRATEGY ACT OF 2017

  Mr. FITZPATRICK. Mr. Speaker, I move to suspend the rules and pass 
the bill (H.R. 1249) to amend the Homeland Security Act of 2002 to 
require a multiyear acquisition strategy of the Department of Homeland 
Security, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1249

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

     SECTION 1. SHORT TITLE.

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

     SEC. 2. MULTIYEAR ACQUISITION STRATEGY.

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

     ``SEC. 836. MULTIYEAR ACQUISITION STRATEGY.

       ``(a) Multiyear Acquisition Strategy Required.--
       ``(1) In general.--Not later than one year after the date 
     of the enactment of this section, the Secretary shall submit 
     to the appropriate congressional committees and the 
     Comptroller General of the United States a multiyear 
     acquisition strategy to guide the overall direction of the 
     acquisitions of the Department while allowing flexibility to 
     deal with ever-changing threats and risks, and to help 
     industry better understand, plan, and align resources to meet 
     the future acquisition needs of the Department. Such strategy 
     shall be updated and included in each Future Years Homeland 
     Security Program required under section 874.
       ``(2) Form.--The strategy required under paragraph (1) 
     shall be submitted in unclassified form but may include a 
     classified annex for any sensitive or classified information 
     if necessary. The Secretary shall publish such strategy in an 
     unclassified format that is publicly available.
       ``(b) Consultation.--In developing the strategy required 
     under subsection (a), the Secretary shall, as the Secretary 
     determines appropriate, consult with headquarters, 
     components, employees in the field, and individuals from 
     industry and the academic community.
       ``(c) Contents of Strategy.--The strategy shall include the 
     following:
       ``(1) Prioritized list.--A systematic and integrated 
     prioritized list developed by the Under Secretary for 
     Management in coordination with all of the Component 
     Acquisition Executives of Department major acquisition 
     programs that Department and component acquisition 
     investments seek to address, including the expected security 
     and economic benefit of the program or system that is the 
     subject of acquisition and an analysis of how the security 
     and economic benefit derived from such program or system will 
     be measured.
       ``(2) Inventory.--A plan to develop a reliable Department-
     wide inventory of investments and real property assets to 
     help the Department--
       ``(A) plan, budget, schedule, and acquire upgrades of its 
     systems and equipment; and
       ``(B) plan for the acquisition and management of future 
     systems and equipment.
       ``(3) Funding gaps.--A plan to address funding gaps between 
     funding requirements for major acquisition programs and known 
     available resources, including, to the maximum extent 
     practicable, ways of leveraging best practices to identify 
     and eliminate overpayment for items to--
       ``(A) prevent wasteful purchasing;
       ``(B) achieve the greatest level of efficiency and cost 
     savings by rationalizing purchases;
       ``(C) align pricing for similar items; and
       ``(D) utilize purchase timing and economies of scale.
       ``(4) Identification of capabilities.--An identification of 
     test, evaluation, modeling, and simulation capabilities that 
     will be required to--
       ``(A) support the acquisition of technologies to meet the 
     needs of such strategy;
       ``(B) leverage to the greatest extent possible emerging 
     technological trends and research and development trends 
     within the public and private sectors; and
       ``(C) identify ways to ensure that appropriate technology 
     is acquired and integrated into the Department's operating 
     doctrine to improve mission performance.
       ``(5) Focus on flexible solutions.--An assessment of ways 
     the Department can improve its ability to test and acquire 
     innovative solutions to allow needed incentives and 
     protections for appropriate risk-taking in order to meet its 
     acquisition needs with resiliency, agility, and 
     responsiveness to assure homeland security and facilitate 
     trade.
       ``(6) Focus on incentives to save taxpayer dollars.--An 
     assessment of ways the Department can develop incentives for 
     program managers and senior Department acquisition officials 
     to--
       ``(A) prevent cost overruns;
       ``(B) avoid schedule delays; and
       ``(C) achieve cost savings in major acquisition programs.
       ``(7) Focus on addressing delays and bid protests.--An 
     assessment of ways the Department can improve the acquisition 
     process to minimize cost overruns in--
       ``(A) requirements development;
       ``(B) procurement announcements;
       ``(C) requests for proposals;
       ``(D) evaluation of proposals;
       ``(E) protests of decisions and awards; and
       ``(F) the use of best practices.
       ``(8) Focus on improving outreach.--An identification and 
     assessment of ways to increase opportunities for 
     communication and collaboration with industry, small and 
     disadvantaged businesses, intra-government entities, 
     university centers of excellence, accredited certification 
     and standards development organizations, and national 
     laboratories to ensure that the Department understands the 
     market for technologies, products, and innovation that is 
     available to meet its mission needs and to inform the 
     Department's requirements-setting process before engaging in 
     an acquisition, including--
       ``(A) methods designed especially to engage small and 
     disadvantaged businesses, a cost-benefit analysis of the 
     tradeoffs that small and disadvantaged businesses provide, 
     information relating to barriers to entry for small and 
     disadvantaged businesses, and information relating to unique 
     requirements for small and disadvantaged businesses; and
       ``(B) within the Department Vendor Communication Plan and 
     Market Research Guide, instructions for interaction by 
     acquisition program managers with such entities to--
       ``(i) prevent misinterpretation of acquisition regulations; 
     and
       ``(ii) permit, within legal and ethical boundaries, 
     interacting with such entities with transparency.
       ``(9) Competition.--A plan regarding competition under 
     subsection (d).
       ``(10) Acquisition workforce.--A plan regarding the 
     Department acquisition workforce under subsection (e).
       ``(d) Competition Plan.--The strategy required under 
     subsection (a) shall also include a plan to address actions 
     to ensure competition, or the option of competition, for 
     major acquisition programs. Such plan may include assessments 
     of the following measures in appropriate cases if such 
     measures are cost effective:
       ``(1) Competitive prototyping.
       ``(2) Dual-sourcing.
       ``(3) Unbundling of contracts.
       ``(4) Funding of next-generation prototype systems or 
     subsystems.
       ``(5) Use of modular, open architectures to enable 
     competition for upgrades.
       ``(6) Acquisition of complete technical data packages.
       ``(7) Periodic competitions for subsystem upgrades.
       ``(8) Licensing of additional suppliers, including small 
     businesses.
       ``(9) Periodic system or program reviews to address long-
     term competitive effects of program decisions.
       ``(e) Acquisition Workforce Plan.--
       ``(1) Acquisition workforce.--The strategy required under 
     subsection (a) shall also include a plan to address 
     Department acquisition workforce accountability and talent 
     management that identifies the acquisition workforce needs of 
     each component performing acquisition functions and develops 
     options for filling such needs with qualified individuals, 
     including a cost-benefit analysis of contracting for 
     acquisition assistance.
       ``(2) Additional matters covered.--The acquisition 
     workforce plan under this subsection shall address ways to--
       ``(A) improve the recruitment, hiring, training, and 
     retention of Department acquisition workforce personnel, 
     including contracting officer's representatives, in order to 
     retain highly qualified individuals who have experience in 
     the acquisition life cycle, complex procurements, and 
     management of large programs;
       ``(B) empower program managers to have the authority to 
     manage their programs in an accountable and transparent 
     manner as such managers work with the acquisition workforce;
       ``(C) prevent duplication within Department acquisition 
     workforce training and certification requirements through 
     leveraging already-existing training within the Federal 
     Government, academic community, or private industry;

[[Page 4439]]

       ``(D) achieve integration and consistency with Government-
     wide training and accreditation standards, acquisition 
     training tools, and training facilities;
       ``(E) designate the acquisition positions that will be 
     necessary to support the Department acquisition requirements, 
     including in the fields of--
       ``(i) program management;
       ``(ii) systems engineering;
       ``(iii) procurement, including contracting;
       ``(iv) test and evaluation;
       ``(v) life cycle logistics;
       ``(vi) cost estimating and program financial management; 
     and
       ``(vii) additional disciplines appropriate to Department 
     mission needs;
       ``(F) strengthen the performance of contracting officers' 
     representatives (as defined in subpart 1.602-2 and subpart 
     2.101 of the Federal Acquisition Regulation), including by--
       ``(i) assessing the extent to which such representatives 
     are certified and receive training that is appropriate;
       ``(ii) assessing what training is most effective with 
     respect to the type and complexity of assignment; and
       ``(iii) implementing actions to improve training based on 
     such assessments; and
       ``(G) identify ways to increase training for relevant 
     investigators and auditors of the Department to examine fraud 
     in major acquisition programs, including identifying 
     opportunities to leverage existing Government and private 
     sector resources in coordination with the Inspector General 
     of the Department.
       ``(f) Definitions.--In this section:
       ``(1) Acquisition.--The term `acquisition' has the meaning 
     given such term in section 131 of title 41, United States 
     Code.
       ``(2) Appropriate congressional committees.--The term 
     `appropriate congressional committees' means--
       ``(A) the Committee on Homeland Security of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate; and
       ``(B) the Committee on Appropriations of the House of 
     Representatives and the Committee on Appropriations of the 
     Senate.
       ``(3) Best practices.--The term `best practices', with 
     respect to acquisition, means--
       ``(A) a knowledge-based approach to capability development 
     that includes identifying and validating needs;
       ``(B) assessing alternatives to select the most appropriate 
     solution;
       ``(C) clearly establishing well-defined requirements;
       ``(D) developing realistic cost assessments and schedules;
       ``(E) securing stable funding that matches resources to 
     requirements;
       ``(F) demonstrating technology, design, and manufacturing 
     maturity;
       ``(G) using milestones and exit criteria or specific 
     accomplishments that demonstrate progress;
       ``(H) adopting and executing standardized processes with 
     known success across programs;
       ``(I) establishing an adequate workforce that is qualified 
     and sufficient to perform necessary functions; and
       ``(J) integrating into the mission and business operations 
     of the Department of Homeland Security the capabilities 
     described in subparagraphs (A) through (I).
       ``(4) Component acquisition executive.--The term `Component 
     Acquisition Executive' means the senior acquisition official 
     within a component who is designated in writing by the Under 
     Secretary for Management, in consultation with the component 
     head, with authority and responsibility for leading a process 
     and staff to provide acquisition and program management 
     oversight, policy, and guidance to ensure that statutory, 
     regulatory, and higher level policy requirements are 
     fulfilled, including compliance with Federal law, the Federal 
     Acquisition Regulation, and Department acquisition management 
     directives established by the Under Secretary for Management.
       ``(5) Major acquisition program.--The term `major 
     acquisition program' means a Department acquisition program 
     that is estimated by the Secretary to require an eventual 
     total expenditure of at least $300,000,000 (based on fiscal 
     year 2017 constant dollars) over its life cycle cost.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 is amended by 
     inserting after the item relating to section 835 the 
     following new item:

``Sec. 836. Multiyear acquisition strategy.''.

     SEC. 3. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF MULTIYEAR 
                   ACQUISITION STRATEGY.

       (a) Review.--After submission of the first multiyear 
     acquisition strategy in accordance with section 836 of the 
     Homeland Security Act of 2002 (as added by section 2 of this 
     Act) after the date of the enactment of this Act, the 
     Comptroller General of the United States shall conduct a 
     review of such plan within 180 days to analyze the viability 
     of such plan's effectiveness in the following:
       (1) Complying with the requirements of such section 836.
       (2) Establishing clear connections between Department of 
     Homeland Security objectives and acquisition (as such term is 
     defined in such section) priorities.
       (3) Demonstrating that Department acquisition policy 
     reflects program management best practices (as such term is 
     defined in such section) and standards.
       (4) Ensuring competition or the option of competition for 
     major acquisition programs (as such term is defined in such 
     section).
       (5) Considering potential cost savings through using 
     already-existing technologies when developing acquisition 
     program requirements.
       (6) Preventing duplication within Department acquisition 
     workforce training requirements through leveraging already-
     existing training within the Federal Government, academic 
     community, or private industry.
       (7) Providing incentives for acquisition program managers 
     to reduce acquisition and procurement costs through the use 
     of best practices and disciplined program management.
       (b) Report.--The Comptroller General of the United States 
     shall submit to the Committee on Homeland Security and the 
     Committee on Appropriations of the House of Representatives 
     and the Committee on Homeland Security and Governmental 
     Affairs and the Committee on Appropriations of the Senate a 
     report on the review conducted under this section. Such 
     report shall be submitted in unclassified form but may 
     include a classified annex.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Pennsylvania (Mr. Fitzpatrick) and the gentlewoman from New Jersey 
(Mrs. Watson Coleman) each will control 20 minutes.
  The Chair recognizes the gentleman from Pennsylvania.


                             General Leave

  Mr. FITZPATRICK. Mr. Speaker, I ask unanimous consent that all 
Members have 5 legislative days within which to revise and extend their 
remarks and include any extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Pennsylvania?
  There was no objection.
  Mr. FITZPATRICK. Mr. Speaker, I yield myself as much time as I may 
consume.
  I rise today in strong support of H.R. 1249, the DHS Multiyear 
Acquisition Strategy Act of 2017.
  The Department of Homeland Security spends billions of taxpayer 
dollars annually on a variety of systems to secure our borders, protect 
our aviation system, safeguard our shores, and shield our cyberspace, 
among other critical missions. Unfortunately, watchdogs at the 
Government Accountability Office and the DHS Office of Inspector 
General have found longstanding problems with how DHS has managed these 
programs. DHS continues to be on GAO's high-risk list for acquisition 
management, meaning these programs are susceptible to fraud, waste, 
abuse, and mismanagement.
  In addition, the Department has failed to have a strategic vision for 
its major purposes. The result has been wasted effort and taxpayer 
money gone, with little to show for it. Look at the TSA puffer machines 
from a few years ago as a past example.
  Without a comprehensive strategy, industry also does not have the 
needed information to best support DHS in making smart investments in 
executing its mission.
  My bill will require DHS to establish this much-needed strategy to 
ensure taxpayer dollars are safeguarded and frontline operators receive 
the tools they need to successfully protect Americans.
  My bill will also ensure that DHS works collaboratively with the 
private sector to fully leverage their innovative solutions. As a 
former FBI agent, I know how important it is to get critical tools out 
to the field to help agents and officers secure our Nation.
  I urge all Members to join me in supporting this bill, and I reserve 
the balance of my time.
  Mrs. WATSON COLEMAN. Mr. Speaker, I rise in support of H.R. 1249, the 
DHS Multiyear Acquisition Strategy Act of 2017, and I yield myself such 
time as I may consume.
  Safeguarding our country and the American people is the Department of 
Homeland Security's most solemn responsibility.
  Today, Homeland Security threats are multidimensional and changing at 
an unprecedented pace. As such, it is critical that DHS' acquisition 
programs be targeted to meet the demands

[[Page 4440]]

of an ever-evolving threat environment. To ensure long-term strategic 
planning, H.R. 1249 directs DHS to develop a multiyear acquisition 
strategy as is currently required at the Transportation Security 
Administration.
  The bill is intended to foster a more strategic approach to how DHS 
executes and manages procurement. Specifically, it directs DHS, in 
consultation with industry stakeholders and academia, to develop a 
prioritized list of major acquisitions together with information on the 
expected security and economic benefits of these programs.
  To guard against wasteful spending on redundant programs, it also 
directs DHS to work towards developing a DHS-wide inventory of 
investments and real property. Once DHS has such an inventory, I 
believe it will find areas for greater efficiency and be able to 
redirect limited Homeland Security resources to vital programs.
  One of the critical features of the strategy is the requirement that 
DHS have a plan to address funding gaps that may exist in major 
acquisition programs.
  Given that the Trump administration's 2018 budget prioritizes funding 
the border wall that the President promised during the campaign and 
amplifying immigration enforcement, there is a real concern that 
important programs that are desperately needed within DHS will get 
short shrift.
  H.R. 1249 was approved unanimously by the Committee on Homeland 
Security earlier this month, and similar legislation was approved by a 
voice vote by the House in October of 2015.
  Mr. Speaker, the establishment of the Department-wide acquisition 
strategy, as H.R. 1249 requires, has the potential of helping the 
Department achieve economies of scale that result in cost savings and 
better use of limited Homeland Security resources.
  I am particularly pleased that the legislation directs the Department 
to assess ways it can better test and acquire innovative technologies. 
Some of the most vexing Homeland Security challenges can only be fully 
addressed when DHS partners with innovators, particularly small 
businesses.
  I want to congratulate the gentleman, my colleague from Pennsylvania.
  Mr. Speaker, I would urge the support of H.R. 1249, and I yield back 
the balance of my time.
  Mr. FITZPATRICK. Mr. Speaker, I once again urge my colleagues to 
support H.R. 1249, and I want to thank my colleague from New Jersey 
(Mrs. Watson Coleman) for her bipartisan leadership on a bill that will 
surely help keep our country safe.
  Mr. Speaker, I yield back the balance of my time.
  Mr. McCAUL. Mr. Speaker, I rise in strong support of H.R. 1249, the 
DHS Multiyear Acquisition Strategy Act of 2017. I thank Representative 
Fitzpatrick for his leadership in championing this important 
legislation. I also want to commend the other Committee Members, 
especially the freshmen, on their key bipartisan legislation being 
considered today.
  We are in dangerous times and our homeland faces significant threats. 
The tools we provide our frontline personnel securing our borders, 
protecting our airports, and defending our cyber networks need to be 
delivered on time and properly designed to meet their needs.
  Far too often, DHS has mismanaged major acquisition programs and the 
result has been systems that are late, do less, and cost more to the 
taxpayer. Representative Fitzpatrick's bill, along with Representatives 
Rutherford and Higgins' bills, is critical in ensuring that DHS better 
manages these vital acquisition programs. These bills put important 
safeguards into place to guard against waste, fraud, abuse, and 
mismanagement.
  As we move forward with our Committee's work to reauthorize DHS for 
the first time ever, we will continue our focus on draining the waste 
from the Department to ensure our homeland is secured efficiently and 
effectively. I urge my colleagues to support H.R. 1249.
  Ms. JACKSON LEE. Mr. Speaker, as a senior member of the House 
Committee on Homeland Security I rise in support of H.R. 1249, the 
``DHS Multiyear Acquisition Strategy Act of 2017'', which requires the 
Department of Homeland Security to develop a multiyear acquisition 
strategy.
  H.R. 1249 seeks to streamline the Department of Homeland Security's 
acquisition process to promote strategic investment as well as cost 
savings for taxpayers.
  DHS would be required to provide Congress with the new strategy which 
needs to include:
  1. A prioritized list of major acquisition programs
  2. An inventory of investments and real estate assets
  3. A plan to address funding gaps, prevent wasteful purchases, 
achieve efficiency, align prices for similar items, and use purchase 
timing and economies of scale
  4. An identification of tests to support the acquisition of 
technology, leverage emerging trends and incorporate technology into 
DHS's operating doctrine
  5. An assessment of how DHS could encourage appropriate risk-taking 
and minimize cost overruns, including when the department identifies 
needs, Develops cost assessments, Secures funding, Demonstrates 
technology maturity, and establishes its workforce
  6. An assessment to improve collaboration with industry, small and 
disadvantaged businesses, intra-government offices, university centers 
of excellence, certification organizations, and national laboratories
  Although the DHS has taken measures to improve acquisition 
management, DHS programs still cost taxpayers over $7 billion per year.
  In its 2017 list of ``high-risk'' areas, GAO reported DHS needed to 
improve the affordability of its major acquisition programs and address 
staffing shortfalls.
  DHS acquisition programs may continue to be at high risk for waste, 
fraud, and abuse.
  This bill will assist oversight committees in better preparing men 
and women on the frontlines securing our borders, protecting our 
airports, and defending our shores by making sure we know what works 
and what is needed before taxpayer dollars are spent.
  Efficient use of resources within the Department of Homeland Security 
is crucial to the safety of all Texans, and all Americans especially in 
regards to border security.
  The Texas-Mexico border makes up 1,254 miles of the 1,900-mile-long 
U.S.-Mexico border.
  The more money wasted on unnecessary overhead costs, the less 
resources the Department has to fulfill its key mission of protecting 
our border and our homeland.
  By passing this bipartisan measure, we can ensure that the DHS 
operates in a more efficient manner and can better stay ahead of 
threats to our country.
  I ask my colleagues to join me in supporting H.R. 1249.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Pennsylvania (Mr. Fitzpatrick) that the House suspend 
the rules and pass the bill, H.R. 1249, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. FITZPATRICK. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

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