[Congressional Record (Bound Edition), Volume 163 (2017), Part 3]
[House]
[Pages 4440-4443]
[From the U.S. Government Publishing Office, www.gpo.gov]




                              {time}  1630
                DHS ACQUISITION AUTHORITIES ACT OF 2017

  Mr. HIGGINS of Louisiana. Mr. Speaker, I move to suspend the rules 
and pass the bill (H.R. 1252) to amend the Homeland Security Act of 
2002 to provide for certain acquisition authorities for the Under 
Secretary of Management of the Department of Homeland Security, and for 
other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1252

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

     SECTION 1. SHORT TITLE.

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

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

       Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 
     341) is amended by--
       (1) redesignating subsections (d) and (e) as subsections 
     (e) and (f); and
       (2) inserting after subsection (c) the following new 
     subsection:
       ``(d) Acquisition and Related Responsibilities.--
       ``(1) In general.--Notwithstanding section 1702(b) of title 
     41, United States Code, the Under Secretary for Management is 
     the

[[Page 4441]]

     Chief Acquisition Officer of the Department. As Chief 
     Acquisition Officer, the Under Secretary shall have the 
     authorities and perform the functions specified in section 
     1702(b) of such title, and perform all other functions and 
     responsibilities delegated by the Secretary or described in 
     this subsection.
       ``(2) Functions and responsibilities.--In addition to the 
     authorities and functions specified in section 1702(b) of 
     title 41, United States Code, the functions and 
     responsibilities of the Under Secretary for Management 
     related to acquisition (as such term is defined in section 
     710) include the following:
       ``(A) Advising the Secretary regarding acquisition 
     management activities, taking into account risks of failure 
     to achieve cost, schedule, or performance parameters, to 
     ensure that the Department achieves its mission through the 
     adoption of widely accepted program management best practices 
     (as such term is defined in section 710) and standards and, 
     where appropriate, acquisition innovation best practices.
       ``(B) Leading the Department's acquisition oversight body, 
     the Acquisition Review Board, and exercising the acquisition 
     decision authority (as such term is defined in section 710) 
     to approve, pause, modify (including the rescission of 
     approvals of program milestones), or cancel major acquisition 
     programs (as such term is defined in section 710), unless the 
     Under Secretary delegates such authority to a Component 
     Acquisition Executive (as such term is defined in section 
     710) pursuant to paragraph (3).
       ``(C) Establishing policies for acquisition that implement 
     an approach that takes into account risks of failure to 
     achieve cost, schedule, or performance parameters that all 
     components of the Department shall comply with, including 
     outlining relevant authorities for program managers to 
     effectively manage acquisition programs.
       ``(D) Ensuring that each major acquisition program has a 
     Department-approved acquisition program baseline (as such 
     term is defined in section 710), pursuant to the Department's 
     acquisition management policy.
       ``(E) Ensuring that the heads of components and Component 
     Acquisition Executives comply with Federal law, the Federal 
     Acquisition Regulation, and Department acquisition management 
     directives.
       ``(F) Ensuring that grants and financial assistance are 
     provided only to individuals and organizations that are not 
     suspended or debarred.
       ``(G) Distributing guidance throughout the Department to 
     ensure that contractors involved in acquisitions, 
     particularly contractors that access the Department's 
     information systems and technologies, adhere to relevant 
     Department policies related to physical and information 
     security as identified by the Under Secretary for Management.
       ``(H) Overseeing the Component Acquisition Executive 
     organizational structure to ensure Component Acquisition 
     Executives have sufficient capabilities and comply with 
     Department acquisition policies.
       ``(3) Delegation of acquisition decision authority.--
       ``(A) Level 3 acquisitions.--The Under Secretary for 
     Management may delegate acquisition decision authority in 
     writing to the relevant Component Acquisition Executive for 
     an acquisition program that has a life cycle cost estimate of 
     less than $300,000,000.
       ``(B) Level 2 acquisitions.--The Under Secretary for 
     Management may delegate acquisition decision authority in 
     writing to the relevant Component Acquisition Executive for a 
     major acquisition program that has a life cycle cost estimate 
     of at least $300,000,000 but not more than $1,000,000,000 if 
     all of the following requirements are met:
       ``(i) The component concerned possesses working policies, 
     processes, and procedures that are consistent with 
     Department-level acquisition policy.
       ``(ii) The Component Acquisition Executive concerned has 
     adequate, experienced, and dedicated professional employees 
     with program management training, as applicable, commensurate 
     with the size of the acquisition programs and related 
     activities delegated to such Component Acquisition Executive 
     by the Under Secretary for Management.
       ``(iii) Each major acquisition program concerned has 
     written documentation showing that it has a Department-
     approved acquisition program baseline and it is meeting 
     agreed-upon cost, schedule, and performance thresholds.
       ``(4) Relationship to under secretary for science and 
     technology.--
       ``(A) In general.--Nothing in this subsection shall 
     diminish the authority granted to the Under Secretary for 
     Science and Technology under this Act. The Under Secretary 
     for Management and the Under Secretary for Science and 
     Technology shall cooperate in matters related to the 
     coordination of acquisitions across the Department so that 
     investments of the Directorate of Science and Technology are 
     able to support current and future requirements of the 
     components of the Department.
       ``(B) Operational testing and evaluation.--The Under 
     Secretary for Science and Technology shall--
       ``(i) ensure, in coordination with relevant component 
     heads, that major acquisition programs--

       ``(I) complete operational testing and evaluation of 
     technologies and systems;
       ``(II) use independent verification and validation of 
     operational test and evaluation implementation and results; 
     and
       ``(III) document whether such programs meet all performance 
     requirements included in their acquisition program baselines;

       ``(ii) ensure that such operational testing and evaluation 
     includes all system components and incorporates operators 
     into the testing to ensure that systems perform as intended 
     in the appropriate operational setting; and
       ``(iii) determine if testing conducted by other Federal 
     agencies and private entities is relevant and sufficient in 
     determining whether systems perform as intended in the 
     operational setting.''.

     SEC. 3. ACQUISITION AUTHORITIES FOR CHIEF FINANCIAL OFFICER 
                   OF THE DEPARTMENT OF HOMELAND SECURITY.

       Paragraph (2) of section 702(b) of the Homeland Security 
     Act of 2002 (6 U.S.C. 342(b)) is amended by adding at the end 
     the following new subparagraph:
       ``(J) Oversee the costs of acquisition programs and related 
     activities to ensure that actual and planned costs are in 
     accordance with budget estimates and are affordable, or can 
     be adequately funded, over the life cycle of such programs 
     and activities.''.

     SEC. 4. ACQUISITION AUTHORITIES FOR CHIEF INFORMATION OFFICER 
                   OF THE DEPARTMENT OF HOMELAND SECURITY.

       Section 703 of the Homeland Security Act of 2002 (6 U.S.C. 
     343) is amended--
       (1) by redesignating subsection (b) as subsection (c); and
       (2) by inserting after subsection (a) the following new 
     subsection:
       ``(b) Acquisition Responsibilities.--Notwithstanding 
     section 11315 of title 40, United States Code, the 
     acquisition responsibilities of the Chief Information 
     Officer, in consultation with the Under Secretary for 
     Management, shall include the following:
       ``(1) Oversee the management of the Homeland Security 
     Enterprise Architecture and ensure that, before each 
     acquisition decision event (as such term is defined in 
     section 710), approved information technology acquisitions 
     comply with departmental information technology management 
     processes, technical requirements, and the Homeland Security 
     Enterprise Architecture, and in any case in which information 
     technology acquisitions do not comply with the Department's 
     management directives, make recommendations to the 
     Acquisition Review Board regarding such noncompliance.
       ``(2) Be responsible for providing recommendations to the 
     Acquisition Review Board regarding information technology 
     programs, and be responsible for developing information 
     technology acquisition strategic guidance.''.

     SEC. 5. ACQUISITION AUTHORITIES FOR PROGRAM ACCOUNTABILITY 
                   AND RISK MANAGEMENT (PARM).

       (a) In General.--Title VII of the Homeland Security Act of 
     2002 (6 U.S.C. 341 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 710. ACQUISITION AUTHORITIES FOR PROGRAM 
                   ACCOUNTABILITY AND RISK MANAGEMENT.

       ``(a) Establishment of Office.--Within the Management 
     Directorate, there shall be a Program Accountability and Risk 
     Management office to--
       ``(1) provide consistent accountability, standardization, 
     and transparency of major acquisition programs of the 
     Department; and
       ``(2) serve as the central oversight function for all 
     Department acquisition programs.
       ``(b) Responsibilities of Executive Director.--The Program 
     Accountability and Risk Management office shall be led by an 
     Executive Director to oversee the requirement under 
     subsection (a). The Executive Director shall report directly 
     to the Under Secretary for Management, and shall carry out 
     the following responsibilities:
       ``(1) Monitor regularly the performance of Department 
     acquisition programs between acquisition decision events to 
     identify problems with cost, performance, or schedule that 
     components may need to address to prevent cost overruns, 
     performance issues, or schedule delays.
       ``(2) Assist the Under Secretary for Management in managing 
     the Department's acquisition programs and related activities.
       ``(3) Conduct oversight of individual acquisition programs 
     to implement Department acquisition program policy, 
     procedures, and guidance with a priority on ensuring the data 
     the office collects and maintains from Department components 
     is accurate and reliable.
       ``(4) Serve as the focal point and coordinator for the 
     acquisition life cycle review process and as the executive 
     secretariat for the Acquisition Review Board.
       ``(5) Advise the persons having acquisition decision 
     authority in making acquisition decisions consistent with all 
     applicable laws and in establishing clear lines of authority, 
     accountability, and responsibility for acquisition 
     decisionmaking within the Department.
       ``(6) Engage in the strategic planning and performance 
     evaluation process required under section 306 of title 5, 
     United States Code, and sections 1105(a)(28), 1115, 1116, and

[[Page 4442]]

     9703 of title 31, United States Code, by supporting the Chief 
     Procurement Officer in developing strategies and specific 
     plans for hiring, training, and professional development in 
     order to rectify any deficiency within the Department's 
     acquisition workforce.
       ``(7) Develop standardized certification standards in 
     consultation with the Component Acquisition Executives for 
     all acquisition program managers.
       ``(8) In the event that an acquisition program manager's 
     certification or actions need review for purposes of 
     promotion or removal, provide input, in consultation with the 
     relevant Component Acquisition Executive, into the relevant 
     acquisition program manager's performance evaluation, and 
     report positive or negative experiences to the relevant 
     certifying authority.
       ``(9) Provide technical support and assistance to 
     Department acquisitions and acquisition personnel in 
     conjunction with the Chief Procurement Officer.
       ``(10) Prepare the Department's Comprehensive Acquisition 
     Status Report, as required by title I of division D of the 
     Consolidated Appropriations Act, 2016 (Public Law 114-113), 
     and make such report available to the congressional homeland 
     security committees.
       ``(c) Responsibilities of Components.--Each head of a 
     component shall comply with Federal law, the Federal 
     Acquisition Regulation, and Department acquisition management 
     directives established by the Under Secretary for Management. 
     For each major acquisition program, each head of a component 
     shall--
       ``(1) define baseline requirements and document changes to 
     such requirements, as appropriate;
       ``(2) establish a complete life cycle cost estimate with 
     supporting documentation, including an acquisition program 
     baseline;
       ``(3) verify each life cycle cost estimate against 
     independent cost estimates, and reconcile any differences;
       ``(4) complete a cost-benefit analysis with supporting 
     documentation;
       ``(5) develop and maintain a schedule that is consistent 
     with scheduling best practices as identified by the 
     Comptroller General of the United States, including, in 
     appropriate cases, an integrated master schedule; and
       ``(6) ensure that all acquisition program information 
     provided by the component is complete, accurate, timely, and 
     valid.
       ``(d) Definitions.--In this section:
       ``(1) Acquisition.--The term `acquisition' has the meaning 
     given such term in section 131 of title 41, United States 
     Code.
       ``(2) Acquisition decision authority.--The term 
     `acquisition decision authority' means the authority, held by 
     the Secretary acting through the Deputy Secretary or Under 
     Secretary for Management to--
       ``(A) ensure compliance with Federal law, the Federal 
     Acquisition Regulation, and Department acquisition management 
     directives;
       ``(B) review (including approving, pausing, modifying, or 
     canceling) an acquisition program through the life cycle of 
     such program;
       ``(C) ensure that acquisition program managers have the 
     resources necessary to successfully execute an approved 
     acquisition program;
       ``(D) ensure good acquisition program management of cost, 
     schedule, risk, and system performance of the acquisition 
     program at issue, including assessing acquisition program 
     baseline breaches and directing any corrective action for 
     such breaches; and
       ``(E) ensure that acquisition program managers, on an 
     ongoing basis, monitor cost, schedule, and performance 
     against established baselines and use tools to assess risks 
     to an acquisition program at all phases of the life cycle of 
     such program to avoid and mitigate acquisition program 
     baseline breaches.
       ``(3) Acquisition decision event.--The term `acquisition 
     decision event', with respect to an acquisition program, 
     means a predetermined point within each of the acquisition 
     phases at which the acquisition decision authority determines 
     whether such acquisition program shall proceed to the next 
     acquisition phase.
       ``(4) Acquisition program.--The term `acquisition program' 
     means the process by which the Department acquires, with any 
     appropriated amounts, by contract for purchase or lease, 
     property or services (including construction) that support 
     the missions and goals of the Department.
       ``(5) Acquisition program baseline.--The term `acquisition 
     program baseline', with respect to an acquisition program, 
     means a summary of the cost, schedule, and performance 
     parameters, expressed in standard, measurable, quantitative 
     terms, which must be met in order to accomplish the goals of 
     such program.
       ``(6) Best practices.--The term `best practices', with 
     respect to acquisition, means a knowledge-based approach to 
     capability development that includes--
       ``(A) identifying and validating needs;
       ``(B) assessing alternatives to select the most appropriate 
     solution;
       ``(C) clearly establishing well-defined requirements;
       ``(D) developing realistic cost assessments and schedules;
       ``(E) securing stable funding that matches resources to 
     requirements;
       ``(F) demonstrating technology, design, and manufacturing 
     maturity;
       ``(G) using milestones and exit criteria or specific 
     accomplishments that demonstrate progress;
       ``(H) adopting and executing standardized processes with 
     known success across programs;
       ``(I) establishing an adequate workforce that is qualified 
     and sufficient to perform necessary functions; and
       ``(J) integrating the capabilities described in 
     subparagraphs (A) through (I) into the Department's mission 
     and business operations.
       ``(7) Breach.--The term `breach', with respect to a major 
     acquisition program, means a failure to meet any cost, 
     schedule, or performance threshold specified in the most 
     recently approved acquisition program baseline.
       ``(8) Congressional homeland security committees.--The term 
     `congressional homeland security committees' means--
       ``(A) the Committee on Homeland Security of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate; and
       ``(B) the Committee on Appropriations of the House of 
     Representatives and of the Senate.
       ``(9) Component acquisition executive.--The term `Component 
     Acquisition Executive' means the senior acquisition official 
     within a component who is designated in writing by the Under 
     Secretary for Management, in consultation with the component 
     head, with authority and responsibility for leading a process 
     and staff to provide acquisition and program management 
     oversight, policy, and guidance to ensure that statutory, 
     regulatory, and higher level policy requirements are 
     fulfilled, including compliance with Federal law, the Federal 
     Acquisition Regulation, and Department acquisition management 
     directives established by the Under Secretary for Management.
       ``(10) Major acquisition program.--The term `major 
     acquisition program' means a Department acquisition program 
     that is estimated by the Secretary to require an eventual 
     total expenditure of at least $300,000,000 (based on fiscal 
     year 2017 constant dollars) over its life cycle cost.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 is amended by 
     inserting after the item relating to section 709 the 
     following new item:

``Sec. 710. Acquisition authorities for Program Accountability and Risk 
              Management.''.

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


                             General Leave

  Mr. HIGGINS of Louisiana. Mr. Speaker, I ask unanimous consent that 
all Members have 5 legislative days within which to revise and extend 
their remarks and include any extraneous materials on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Louisiana?
  There was no objection.
  Mr. HIGGINS of Louisiana. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I rise in strong support of H.R. 1252, the Department of 
Homeland Security Acquisition Authorities Act of 2017.
  The Department of Homeland Security has been routinely criticized 
over the years by watchdogs at the Government Accountability Office and 
DHS Office of Inspector General for failing to responsibly manage its 
major acquisition programs. These programs, which secure our borders, 
safeguard our cyber networks, protect air travelers, defend our shores, 
among other critical missions, and cost taxpayers billions of dollars 
every year.
  Watchdogs have previously reported how DHS leadership has failed to 
hold programs accountable to its own acquisition policies. In some 
cases, these programs have spent billions of dollars of American 
treasure without having to show what they will ultimately cost, when 
they will be complete, and what benefits they will deliver to frontline 
operators. DHS' Under Secretary for Management has not had the force of 
law to hold these programs accountable until now.
  My bill establishes a top cop in the Under Secretary for Management 
as Chief Acquisitions Officer to oversee these billion-dollar programs. 
It requires thoughtful management of major acquisition programs based 
on private sector best practices. My bill

[[Page 4443]]

requires strong accountability measures to oversee major acquisition 
programs so that these critical tools get into the hands of those 
defending our homeland on time and on budget.
  Mr. Speaker, I urge all Members to join me in supporting this bill, 
and I reserve the balance of my time.

         House of Representatives, Committee on Science, Space, 
           and Technology,
                                   Washington, DC, March 10, 2017.
     Hon. Michael McCaul,
     Chairman, Committee on Homeland Security, House of 
         Representatives, Washington, DC.
       Dear Mr. Chairman: I am writing concerning H.R. 1252, the 
     ``DHS Acquisition Authorities Act of 2017,'' which your 
     Committee ordered reported on March 8, 2017.
       H.R. 1252 contains provisions within the Committee on 
     Science, Space, and Technology's Rule X jurisdiction. In 
     order to expedite this bill for floor consideration, the 
     Committee on Science, Space, and Technology will forego 
     action on the bill. This is being done on the basis of our 
     mutual understanding that doing so will in no way diminish or 
     alter the jurisdiction of the Committee on Science, Space, 
     and Technology with respect to the appointment of conferees, 
     or to any future jurisdictional claim over the subject 
     matters contained in the bill or similar legislation.
       I would appreciate your response to this letter confirming 
     this understanding, and would request that you include a copy 
     of this letter and your response in the Congressional Record 
     during the floor consideration of this bill. Thank you in 
     advance for your cooperation.
           Sincerely,
                                                      Lamar Smith,
     Chairman.
                                  ____

                                         House of Representatives,


                               Committee on Homeland Security,

                                   Washington, DC, March 10, 2017.
     Hon. Lamar Smith,
     Chairman, Committee on Science, Space, and Technology, 
         Washington, DC.
       Dear Chairman Smith: Thank you for your letter regarding 
     H.R. 1252, the ``DHS Acquisition Authorities Act of 2017.'' I 
     appreciate your support in bringing this legislation before 
     the House of Representatives, and accordingly, understand 
     that the Committee on Science, Space, and Technology will not 
     seek a sequential referral on the bill.
       The Committee on Homeland Security concurs with the mutual 
     understanding that by foregoing a sequential referral of this 
     bill at this time, the Committee on Science, Space, and 
     Technology does not waive any jurisdiction over the subject 
     matter contained in this bill or similar legislation in the 
     future. In addition, should a conference on this bill be 
     necessary, I would support a request by the Committee on 
     Science, Space, and Technology for conferees on those 
     provisions within your jurisdiction.
       I will insert copies of this exchange in the Congressional 
     Record during consideration of this bill on the House floor. 
     I thank you for your cooperation in this matter.
           Sincerely,
                                                Michael T. McCaul,
                                                         Chairman.

  Mrs. WATSON COLEMAN. Mr. Speaker, I yield myself such time as I may 
consume.
  I rise in support of H.R. 1252, the DHS Acquisition Authorities Act 
of 2017. The Department of Homeland Security has limited acquisition 
resources and must be effective stewards of taxpayer dollars. As such, 
DHS' procurement practices must be sound, effective, and adhered to 
throughout the organization.
  Although DHS has come a long way since its inception in 2002, 
acquisition management remains a challenge for the Department. In fact, 
a 2015 assessment by the GAO of DHS' largest acquisition programs 
determined that only 2 of the 22 reviewed programs were on track to 
meet their initial schedule and cost parameters.
  Responsibility for addressing weaknesses in acquisitions management 
and increasing effectiveness of DHS' major acquisitions begins at the 
top, with the DHS leadership. To that end, H.R. 1252 codifies that 
acquisition decision authority rests with the Under Secretary for 
Management as the Department's Chief Acquisition Officer.
  H.R. 1252 authorizes the Under Secretary for Management to mandate 
acquisition policies, establishes the Under Secretary as lead of the 
Department's acquisition oversight body, and charges the Under 
Secretary with advising the Secretary regarding acquisition management 
activities.
  To ensure greater oversight of the Department's procurement 
activities, H.R. 1252 also establishes acquisition management functions 
for DHS' Chief Financial Officer, Chief Information Officer, and the 
Program Accountability and Risk Management Office.
  This legislation is intended to clarify roles and responsibilities 
within DHS acquisition management activities and increase 
accountability of the Department's procedures, particularly those 
classified as underperforming.
  H.R. 1252 was approved by the House in October 2015, and was approved 
unanimously by the Committee on Homeland Security just a few weeks ago.
  Given the complexity of the organization, it is incumbent upon the 
Department to tackle its diverse procurement challenges from the top 
down.
  H.R. 1252 codifies the acquisition management roles within the 
Department and supports enhanced accountability in management of DHS' 
acquisitions.
  By passing this legislation, Congress can take another important step 
toward increasing efficiency and improving outcomes of DHS' major 
acquisition programs.
  I join in congratulating the gentleman from Louisiana (Mr. Higgins) 
on the good work that he has done here.
  Mr. Speaker, I urge support of H.R. 1252, and I yield back the 
balance of my time.
  Mr. HIGGINS of Louisiana. Mr. Speaker, I thank the gentlewoman from 
New Jersey. I, once again, urge my colleagues to support H.R. 1252, as 
amended.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Louisiana (Mr. Higgins) that the House suspend the rules 
and pass the bill, H.R. 1252, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. HIGGINS of Louisiana. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

                          ____________________