[House Report 115-47]
[From the U.S. Government Publishing Office]


115th Congress }                                              { Report
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                              { 115-47

======================================================================
 
                DHS ACQUISITION AUTHORITIES ACT OF 2017

                                _______
                                

 March 20, 2017.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. McCaul, from the Committee on Homeland Security, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1252]

    The Committee on Homeland Security, to whom was referred 
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, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     6
Background and Need for Legislation..............................     6
Hearings.........................................................     6
Committee Consideration..........................................     7
Committee Votes..................................................     7
Committee Oversight Findings.....................................     7
New Budget Authority, Entitlement Authority, and Tax Expenditures     7
Congressional Budget Office Estimate.............................     8
Statement of General Performance Goals and Objectives............     8
Duplicative Federal Programs.....................................     8
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     8
Federal Mandates Statement.......................................     8
Preemption Clarification.........................................     8
Disclosure of Directed Rule Makings..............................     8
Advisory Committee Statement.....................................     9
Applicability to Legislative Branch..............................     9
Section-by-Section Analysis of the Legislation...................     9
Changes in Existing Law Made by the Bill, as Reported............    10

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

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

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

  Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is 
amended by--
          (1) redesignating subsections (d) and (e) as subsections (e) 
        and (f); and
          (2) inserting after subsection (c) the following new 
        subsection:
  ``(d) Acquisition and Related Responsibilities.--
          ``(1) In general.--Notwithstanding section 1702(b) of title 
        41, United States Code, the Under Secretary for Management is 
        the Chief Acquisition Officer of the Department. As Chief 
        Acquisition Officer, the Under Secretary shall have the 
        authorities and perform the functions specified in section 
        1702(b) of such title, and perform all other functions and 
        responsibilities delegated by the Secretary or described in 
        this subsection.
          ``(2) Functions and responsibilities.--In addition to the 
        authorities and functions specified in section 1702(b) of title 
        41, United States Code, the functions and responsibilities of 
        the Under Secretary for Management related to acquisition (as 
        such term is defined in section 710) include the following:
                  ``(A) Advising the Secretary regarding acquisition 
                management activities, taking into account risks of 
                failure to achieve cost, schedule, or performance 
                parameters, to ensure that the Department achieves its 
                mission through the adoption of widely accepted program 
                management best practices (as such term is defined in 
                section 710) and standards and, where appropriate, 
                acquisition innovation best practices.
                  ``(B) Leading the Department's acquisition oversight 
                body, the Acquisition Review Board, and exercising the 
                acquisition decision authority (as such term is defined 
                in section 710) to approve, pause, modify (including 
                the rescission of approvals of program milestones), or 
                cancel major acquisition programs (as such term is 
                defined in section 710), unless the Under Secretary 
                delegates such authority to a Component Acquisition 
                Executive (as such term is defined in section 710) 
                pursuant to paragraph (3).
                  ``(C) Establishing policies for acquisition that 
                implement an approach that takes into account risks of 
                failure to achieve cost, schedule, or performance 
                parameters that all components of the Department shall 
                comply with, including outlining relevant authorities 
                for program managers to effectively manage acquisition 
                programs.
                  ``(D) Ensuring that each major acquisition program 
                has a Department-approved acquisition program baseline 
                (as such term is defined in section 710), pursuant to 
                the Department's acquisition management policy.
                  ``(E) Ensuring that the heads of components and 
                Component Acquisition Executives comply with Federal 
                law, the Federal Acquisition Regulation, and Department 
                acquisition management directives.
                  ``(F) Ensuring that grants and financial assistance 
                are provided only to individuals and organizations that 
                are not suspended or debarred.
                  ``(G) Distributing guidance throughout the Department 
                to ensure that contractors involved in acquisitions, 
                particularly contractors that access the Department's 
                information systems and technologies, adhere to 
                relevant Department policies related to physical and 
                information security as identified by the Under 
                Secretary for Management.
                  ``(H) Overseeing the Component Acquisition Executive 
                organizational structure to ensure Component 
                Acquisition Executives have sufficient capabilities and 
                comply with Department acquisition policies.
          ``(3) Delegation of acquisition decision authority.--
                  ``(A) Level 3 acquisitions.--The Under Secretary for 
                Management may delegate acquisition decision authority 
                in writing to the relevant Component Acquisition 
                Executive for an acquisition program that has a life 
                cycle cost estimate of less than $300,000,000.
                  ``(B) Level 2 acquisitions.--The Under Secretary for 
                Management may delegate acquisition decision authority 
                in writing to the relevant Component Acquisition 
                Executive for a major acquisition program that has a 
                life cycle cost estimate of at least $300,000,000 but 
                not more than $1,000,000,000 if all of the following 
                requirements are met:
                          ``(i) The component concerned possesses 
                        working policies, processes, and procedures 
                        that are consistent with Department-level 
                        acquisition policy.
                          ``(ii) The Component Acquisition Executive 
                        concerned has adequate, experienced, and 
                        dedicated professional employees with program 
                        management training, as applicable, 
                        commensurate with the size of the acquisition 
                        programs and related activities delegated to 
                        such Component Acquisition Executive by the 
                        Under Secretary for Management.
                          ``(iii) Each major acquisition program 
                        concerned has written documentation showing 
                        that it has a Department-approved acquisition 
                        program baseline and it is meeting agreed-upon 
                        cost, schedule, and performance thresholds.
          ``(4) Relationship to under secretary for science and 
        technology.--
                  ``(A) In general.--Nothing in this subsection shall 
                diminish the authority granted to the Under Secretary 
                for Science and Technology under this Act. The Under 
                Secretary for Management and the Under Secretary for 
                Science and Technology shall cooperate in matters 
                related to the coordination of acquisitions across the 
                Department so that investments of the Directorate of 
                Science and Technology are able to support current and 
                future requirements of the components of the 
                Department.
                  ``(B) Operational testing and evaluation.--The Under 
                Secretary for Science and Technology shall--
                          ``(i) ensure, in coordination with relevant 
                        component heads, that major acquisition 
                        programs--
                                  ``(I) complete operational testing 
                                and evaluation of technologies and 
                                systems;
                                  ``(II) use independent verification 
                                and validation of operational test and 
                                evaluation implementation and results; 
                                and
                                  ``(III) document whether such 
                                programs meet all performance 
                                requirements included in their 
                                acquisition program baselines;
                          ``(ii) ensure that such operational testing 
                        and evaluation includes all system components 
                        and incorporates operators into the testing to 
                        ensure that systems perform as intended in the 
                        appropriate operational setting; and
                          ``(iii) determine if testing conducted by 
                        other Federal agencies and private entities is 
                        relevant and sufficient in determining whether 
                        systems perform as intended in the operational 
                        setting.''.

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

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

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

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

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

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

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

  ``(a) Establishment of Office.--Within the Management Directorate, 
there shall be a Program Accountability and Risk Management office to--
          ``(1) provide consistent accountability, standardization, and 
        transparency of major acquisition programs of the Department; 
        and
          ``(2) serve as the central oversight function for all 
        Department acquisition programs.
  ``(b) Responsibilities of Executive Director.--The Program 
Accountability and Risk Management office shall be led by an Executive 
Director to oversee the requirement under subsection (a). The Executive 
Director shall report directly to the Under Secretary for Management, 
and shall carry out the following responsibilities:
          ``(1) Monitor regularly the performance of Department 
        acquisition programs between acquisition decision events to 
        identify problems with cost, performance, or schedule that 
        components may need to address to prevent cost overruns, 
        performance issues, or schedule delays.
          ``(2) Assist the Under Secretary for Management in managing 
        the Department's acquisition programs and related activities.
          ``(3) Conduct oversight of individual acquisition programs to 
        implement Department acquisition program policy, procedures, 
        and guidance with a priority on ensuring the data the office 
        collects and maintains from Department components is accurate 
        and reliable.
          ``(4) Serve as the focal point and coordinator for the 
        acquisition life cycle review process and as the executive 
        secretariat for the Acquisition Review Board.
          ``(5) Advise the persons having acquisition decision 
        authority in making acquisition decisions consistent with all 
        applicable laws and in establishing clear lines of authority, 
        accountability, and responsibility for acquisition 
        decisionmaking within the Department.
          ``(6) Engage in the strategic planning and performance 
        evaluation process required under section 306 of title 5, 
        United States Code, and sections 1105(a)(28), 1115, 1116, and 
        9703 of title 31, United States Code, by supporting the Chief 
        Procurement Officer in developing strategies and specific plans 
        for hiring, training, and professional development in order to 
        rectify any deficiency within the Department's acquisition 
        workforce.
          ``(7) Develop standardized certification standards in 
        consultation with the Component Acquisition Executives for all 
        acquisition program managers.
          ``(8) In the event that an acquisition program manager's 
        certification or actions need review for purposes of promotion 
        or removal, provide input, in consultation with the relevant 
        Component Acquisition Executive, into the relevant acquisition 
        program manager's performance evaluation, and report positive 
        or negative experiences to the relevant certifying authority.
          ``(9) Provide technical support and assistance to Department 
        acquisitions and acquisition personnel in conjunction with the 
        Chief Procurement Officer.
          ``(10) Prepare the Department's Comprehensive Acquisition 
        Status Report, as required by title I of division D of the 
        Consolidated Appropriations Act, 2016 (Public Law 114-113), and 
        make such report available to the congressional homeland 
        security committees.
  ``(c) Responsibilities of Components.--Each head of a component shall 
comply with Federal law, the Federal Acquisition Regulation, and 
Department acquisition management directives established by the Under 
Secretary for Management. For each major acquisition program, each head 
of a component shall--
          ``(1) define baseline requirements and document changes to 
        such requirements, as appropriate;
          ``(2) establish a complete life cycle cost estimate with 
        supporting documentation, including an acquisition program 
        baseline;
          ``(3) verify each life cycle cost estimate against 
        independent cost estimates, and reconcile any differences;
          ``(4) complete a cost-benefit analysis with supporting 
        documentation;
          ``(5) develop and maintain a schedule that is consistent with 
        scheduling best practices as identified by the Comptroller 
        General of the United States, including, in appropriate cases, 
        an integrated master schedule; and
          ``(6) ensure that all acquisition program information 
        provided by the component is complete, accurate, timely, and 
        valid.
  ``(d) Definitions.--In this section:
          ``(1) Acquisition.--The term `acquisition' has the meaning 
        given such term in section 131 of title 41, United States Code.
          ``(2) Acquisition decision authority.--The term `acquisition 
        decision authority' means the authority, held by the Secretary 
        acting through the Deputy Secretary or Under Secretary for 
        Management to--
                  ``(A) ensure compliance with Federal law, the Federal 
                Acquisition Regulation, and Department acquisition 
                management directives;
                  ``(B) review (including approving, pausing, 
                modifying, or canceling) an acquisition program through 
                the life cycle of such program;
                  ``(C) ensure that acquisition program managers have 
                the resources necessary to successfully execute an 
                approved acquisition program;
                  ``(D) ensure good acquisition program management of 
                cost, schedule, risk, and system performance of the 
                acquisition program at issue, including assessing 
                acquisition program baseline breaches and directing any 
                corrective action for such breaches; and
                  ``(E) ensure that acquisition program managers, on an 
                ongoing basis, monitor cost, schedule, and performance 
                against established baselines and use tools to assess 
                risks to an acquisition program at all phases of the 
                life cycle of such program to avoid and mitigate 
                acquisition program baseline breaches.
          ``(3) Acquisition decision event.--The term `acquisition 
        decision event', with respect to an acquisition program, means 
        a predetermined point within each of the acquisition phases at 
        which the acquisition decision authority determines whether 
        such acquisition program shall proceed to the next acquisition 
        phase.
          ``(4) Acquisition program.--The term `acquisition program' 
        means the process by which the Department acquires, with any 
        appropriated amounts, by contract for purchase or lease, 
        property or services (including construction) that support the 
        missions and goals of the Department.
          ``(5) Acquisition program baseline.--The term `acquisition 
        program baseline', with respect to an acquisition program, 
        means a summary of the cost, schedule, and performance 
        parameters, expressed in standard, measurable, quantitative 
        terms, which must be met in order to accomplish the goals of 
        such program.
          ``(6) Best practices.--The term `best practices', with 
        respect to acquisition, means a knowledge-based approach to 
        capability development that includes--
                  ``(A) identifying and validating needs;
                  ``(B) assessing alternatives to select the most 
                appropriate solution;
                  ``(C) clearly establishing well-defined requirements;
                  ``(D) developing realistic cost assessments and 
                schedules;
                  ``(E) securing stable funding that matches resources 
                to requirements;
                  ``(F) demonstrating technology, design, and 
                manufacturing maturity;
                  ``(G) using milestones and exit criteria or specific 
                accomplishments that demonstrate progress;
                  ``(H) adopting and executing standardized processes 
                with known success across programs;
                  ``(I) establishing an adequate workforce that is 
                qualified and sufficient to perform necessary 
                functions; and
                  ``(J) integrating the capabilities described in 
                subparagraphs (A) through (I) into the Department's 
                mission and business operations.
          ``(7) Breach.--The term `breach', with respect to a major 
        acquisition program, means a failure to meet any cost, 
        schedule, or performance threshold specified in the most 
        recently approved acquisition program baseline.
          ``(8) Congressional homeland security committees.--The term 
        `congressional homeland security committees' means--
                  ``(A) the Committee on Homeland Security of the House 
                of Representatives and the Committee on Homeland 
                Security and Governmental Affairs of the Senate; and
                  ``(B) the Committee on Appropriations of the House of 
                Representatives and of the Senate.
          ``(9) Component acquisition executive.--The term `Component 
        Acquisition Executive' means the senior acquisition official 
        within a component who is designated in writing by the Under 
        Secretary for Management, in consultation with the component 
        head, with authority and responsibility for leading a process 
        and staff to provide acquisition and program management 
        oversight, policy, and guidance to ensure that statutory, 
        regulatory, and higher level policy requirements are fulfilled, 
        including compliance with Federal law, the Federal Acquisition 
        Regulation, and Department acquisition management directives 
        established by the Under Secretary for Management.
          ``(10) Major acquisition program.--The term `major 
        acquisition program' means a Department acquisition program 
        that is estimated by the Secretary to require an eventual total 
        expenditure of at least $300,000,000 (based on fiscal year 2017 
        constant dollars) over its life cycle cost.''.
  (b) Clerical Amendment.--The table of contents in section 1(b) of the 
Homeland Security Act of 2002 is amended by inserting after the item 
relating to section 709 the following new item:

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

                          Purpose and Summary

    The purpose of H.R. 1252 is 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.
    H.R. 1252 establishes the Undersecretary for Management 
(USM) as the Department's Chief Acquisition Officer responsible 
for approving, pausing, modifying, or canceling major 
acquisition programs, as needed. The bill authorizes the USM to 
lead the Department's acquisition oversight body, the 
Acquisition Review Board, which oversees major acquisition 
programs, as well as establish acquisition policies to which 
all Department components shall comply.

                  Background and Need for Legislation

    The Government Accountability Office (GAO) and the DHS 
Office of Inspector General (OIG) have consistently reported on 
the longstanding challenges DHS faces in managing its major 
acquisition programs, which cost the Department over $7 billion 
each year. Every 2 years, GAO identifies areas in the Federal 
Government that are ``high risk'' due to their vulnerabilities 
to fraud, waste, abuse, and mismanagement. Since 2003, GAO has 
identified DHS's transformation of 22 agencies into one 
department, and the Department's subsequent challenges with its 
management functions, as high risk. In GAO's 2017 high risk 
update, GAO noted that DHS has made progress in addressing its 
management challenges, but has not yet completed all the 
necessary actions to fully address acquisition management. 
Additionally, the OIG reports annually on major management 
challenges facing the Department. In November 2016, the OIG 
identified challenges in DHS's management of acquisition 
programs. Although DHS has taken steps to improve acquisition 
management, DHS struggles to ensure that major acquisition 
programs cost what was originally estimated, are delivered on 
schedule, and provide the capabilities originally intended. 
H.R. 1252 clarifies responsibilities for acquisition management 
activities in the Department that will improve accountability 
when major acquisition programs do not perform as well as 
intended.

                                Hearings

    No hearings were specifically held on H.R. 1252. However, 
the Committee held oversight hearings on acquisition 
management, as listed below.
    On February 26, 2015, the Subcommittee on Oversight and 
Management Efficiency held a hearing entitled ``Assessing DHS's 
Performance: Watchdog Recommendations to Improve Homeland 
Security.'' The Subcommittee received testimony from The 
Honorable John Roth, Inspector General, U.S. Department of 
Homeland Security; Ms. Rebecca Gambler, Director, Homeland 
Security and Justice, U.S. Government Accountability Office; 
and Dr. Daniel M. Gerstein, Senior Policy Researcher, The RAND 
Corporation.
    On April 22, 2015, the Subcommittee on Oversight and 
Management Efficiency held a hearing entitled ``Acquisition 
Oversight: How Effectively is DHS Safeguarding Taxpayer 
Dollars?'' The Subcommittee received testimony from Ms. Michele 
Mackin, Director, Acquisition and Sourcing Management, U.S. 
Government Accountability Office; The Honorable Chip Fulghum, 
Acting Deputy Undersecretary for Management and Chief Financial 
Officer, U.S. Department of Homeland Security; and Dr. Cedric 
Sims, Partner, Evermay Consulting Group.
    On September 18, 2015, the Subcommittee on Oversight and 
Management Efficiency held a hearing entitled ``Making DHS More 
Efficient: Industry Recommendations to Improve Homeland 
Security.'' The Subcommittee received testimony from Mr. Marc 
Pearl, President and Chief Executive Officer, Homeland Security 
and Defense Business Council; Mr. Harry Totonis, Board 
Director, Business Executives for National Security; and Ms. 
Elaine Duke, Principal, Elaine Duke & Associates, LLC.
    On February 16, 2017, the Subcommittee on Oversight and 
Management Efficiency held a hearing entitled ``Watchdog 
Recommendations: A Better Way Ahead to Manage the Department of 
Homeland Security.'' The Subcommittee received testimony from 
The Honorable John Roth, Inspector General, U.S. Department of 
Homeland Security, and Ms. Rebecca Gambler, Director, Homeland 
Security and Justice, U.S. Government Accountability Office.

                        Committee Consideration

    The Committee met on March 8, 2017, to consider H.R. 1252, 
and ordered the measure to be reported to the House with a 
favorable recommendation, as amended, by voice vote. The 
Committee took the following actions:
    The following amendment was offered:

 An amendment by Mr. Correa (#1); was AGREED TO by voice vote.
     Page 3, line 8, insert before the period at the end the following: 
``and, where appropriate, acquisition innovation best practices''.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    No recorded votes were requested during consideration of 
H.R. 1252.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
1252, the DHS Acquisition Authorities Act of 2017, would result 
in no new or increased budget authority, entitlement authority, 
or tax expenditures or revenues.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, a cost estimate provided by the 
Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974 was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, H.R. 1252 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    The purpose of H.R. 1252, the DHS Acquisition Authorities 
Act of 2017, is to codify certain acquisition management 
responsibilities for the Under Secretary for Management in law.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of rule XIII, the Committee finds 
that H.R. 1252 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule 
XXI.

                       Federal Mandates Statement

    An estimate of Federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                        Preemption Clarification

    In compliance with section 423 of the Congressional Budget 
Act of 1974, requiring the report of any Committee on a bill or 
joint resolution to include a statement on the extent to which 
the bill or joint resolution is intended to preempt State, 
local, or Tribal law, the Committee finds that H.R. 1252 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 1252 would require no 
directed rule makings.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1.   Short Title.

    This section provides that this bill 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 2 amends section 701 of the Homeland Security Act 
of 2002 (Pub. L. 107-296) and codifies existing authorities for 
the Under Secretary for Management (USM) related to acquisition 
management. Specifically, this section authorizes the USM to 
exercise the Acquisition Decision Authority to approve, pause, 
modify, or cancel major acquisition programs. It also includes 
a requirement that each major acquisition program have 
documentation showing it has an approved Acquisition Program 
Baseline (APB) and is meeting agreed-upon cost, schedule, and 
performance requirements. This must occur before the USM can 
delegate Acquisition Decision Authority to the relevant 
Component Acquisition Executive (CAE). This section also 
requires that the USM ensure that component heads comply with 
Federal law, Federal Acquisition Regulation (FAR), and 
Departmental acquisition directives. Section 2 also requires 
the USM to advise the Secretary, as needed, on acquisition 
management activities and acquisition innovation best 
practices, in furtherance of efforts to streamline and improve 
the Department's procurement process.
    Section 2 also requires the USM to cooperate with the Under 
Secretary for Science and Technology (S&T) in acquisitions, so 
that S&T can support current and future requirements more 
effectively. Section 2 requires the Under Secretary for S&T to 
ensure that major acquisition programs complete operational 
testing and evaluation, use independent validation and 
verification of test results, and document whether all programs 
meet performance requirements included in their respective 
APBs. This requirement is intended to reduce instances where 
the Department deploys technologies without adequately testing 
them to ensure they meet operators' needs.

Sec. 3.   Acquisition Authorities for Chief Financial Officer of the 
        Department of Homeland Security.

    Section 3 amends section 702 of the Homeland Security Act 
and requires the Department's Chief Financial Officer to 
oversee acquisition program costs to ensure that acquisition 
programs are affordable and within budget over the program's 
life-cycle. This provision seeks to address findings from the 
Government Accountability Office (GAO) that the Department's 
major acquisition programs are unaffordable.

Sec. 4.   Acquisition Authorities for Chief Information Officer of the 
        Department of Homeland Security.

    Section 4 amends section 703 of the Homeland Security Act 
and authorizes the Chief Information Officer (CIO) to oversee 
the management of the Homeland Security Enterprise Architecture 
decision event and to provide recommendations to the 
Acquisition Review Board on information technology (IT) 
programs and IT acquisition strategic guidance. Section 4 also 
requires the CIO to ensure, in consultation with the USM, that 
IT acquisition programs comply with IT management processes, 
technical requirements, and management directives. Given that 
most of the Department's major acquisition programs have 
significant IT components, Section 4 ensures that the CIO is 
involved, as appropriate, in ensuring that these programs meet 
IT policies and technical requirements.

Sec. 5.   Acquisition Authorities for Program Accountability and Risk 
        Management (PARM).

    Section 5 amends Title VII of the Homeland Security Act and 
authorizes the Program Accountability and Risk Management 
(PARM) office within the Department to provide consistent 
accountability to components' major acquisition programs, as 
well as serve as the central oversight function for the 
Department and support the ARB. This section does not create a 
new office within DHS, as PARM is the current entity within DHS 
with these responsibilities.
    Section 5 authorizes the PARM Executive Director to oversee 
PARM's role in monitoring the performance of DHS acquisition 
programs, assisting the USM in managing acquisition programs, 
and developing certification standards in consultation with 
CAEs for all acquisition program managers. This section also 
authorizes PARM to prepare and make available to Congress the 
DHS Comprehensive Acquisition Status Report (CASR).
    Finally, section 5 also requires components to follow 
Federal law, the Federal Acquisition Regulation (FAR), and DHS 
acquisition management directives, among other things. This 
should mitigate instances of components pursuing major 
acquisition programs without following Departmental acquisition 
policy. Section 5 defines relevant terms related to acquisition 
management.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                     HOMELAND SECURITY ACT OF 2002

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Homeland 
Security Act of 2002''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

     * * * * * * *

                 TITLE V--NATIONAL EMERGENCY MANAGEMENT

Sec. 701. Under Secretary for Management.
     * * * * * * *
Sec. 710. Acquisition authorities for Program Accountability and Risk 
          Management.

           *       *       *       *       *       *       *


                         TITLE VII--MANAGEMENT

SEC. 701. UNDER SECRETARY FOR MANAGEMENT.

  (a) In General.--The Under Secretary for Management shall 
serve as the Chief Management Officer and principal advisor to 
the Secretary on matters related to the management of the 
Department, including management integration and transformation 
in support of homeland security operations and programs. The 
Secretary, acting through the Under Secretary for Management, 
shall be responsible for the management and administration of 
the Department, including the following:
          (1) The budget, appropriations, expenditures of 
        funds, accounting, and finance.
          (2) Procurement.
          (3) Human resources and personnel.
          (4) Information technology and communications 
        systems, including policies and directives to achieve 
        and maintain interoperable communications among the 
        components of the Department.
          (5) Facilities, property, equipment, and other 
        material resources.
          (6) Security for personnel, information technology 
        and communications systems, facilities, property, 
        equipment, and other material resources.
          (7) Strategic management planning and annual 
        performance planning and identification and tracking of 
        performance measures relating to the responsibilities 
        of the Department.
          (8) Grants and other assistance management programs.
          (9) The management integration and transformation 
        within each functional management discipline of the 
        Department, including information technology, financial 
        management, acquisition management, and human capital 
        management, to ensure an efficient and orderly 
        consolidation of functions and personnel in the 
        Department, including--
                  (A) the development of centralized data 
                sources and connectivity of information systems 
                to the greatest extent practicable to enhance 
                program visibility, transparency, and 
                operational effectiveness and coordination;
                  (B) the development of standardized and 
                automated management information to manage and 
                oversee programs and make informed decisions to 
                improve the efficiency of the Department;
                  (C) the development of effective program 
                management and regular oversight mechanisms, 
                including clear roles and processes for program 
                governance, sharing of best practices, and 
                access to timely, reliable, and evaluated data 
                on all acquisitions and investments; and
                  (D) the overall supervision, including the 
                conduct of internal audits and management 
                analyses, of the programs and activities of the 
                Department, including establishment of 
                oversight procedures to ensure a full and 
                effective review of the efforts by components 
                of the Department to implement policies and 
                procedures of the Department for management 
                integration and transformation.
          (10) The development of a transition and succession 
        plan, before December 1 of each year in which a 
        Presidential election is held, to guide the transition 
        of Department functions to a new Presidential 
        administration, and making such plan available to the 
        next Secretary and Under Secretary for Management and 
        to the congressional homeland security committees.
          (11) Reporting to the Government Accountability 
        Office every six months to demonstrate measurable, 
        sustainable progress made in implementing the 
        corrective action plans of the Department to address 
        the designation of the management functions of the 
        Department on the bi-annual high risk list of the 
        Government Accountability Office, until the Comptroller 
        General of the United States submits to the appropriate 
        congressional committees written notification of 
        removal of the high-risk designation.
          (12) The conduct of internal audits and management 
        analyses of the programs and activities of the 
        Department.
          (13) Any other management duties that the Secretary 
        may designate.
  (b) Waivers for Conducting Business With Suspended or 
Debarred Contractors.--Not later than five days after the date 
on which the Chief Procurement Officer or Chief Financial 
Officer of the Department issues a waiver of the requirement 
that an agency not engage in business with a contractor or 
other recipient of funds listed as a party suspended or 
debarred from receiving contracts, grants, or other types of 
Federal assistance in the System for Award Management 
maintained by the General Services Administration, or any 
successor thereto, the Under Secretary for Management shall 
submit to the congressional homeland security committees and 
the Inspector General of the Department notice of the waiver 
and an explanation of the finding by the Under Secretary that a 
compelling reason exists for the waiver.
  (c) Appointment and Evaluation.--The Under Secretary for 
Management shall--
          (1) be appointed by the President, by and with the 
        advice and consent of the Senate, from among persons 
        who have--
                  (A) extensive executive level leadership and 
                management experience in the public or private 
                sector;
                  (B) strong leadership skills;
                  (C) a demonstrated ability to manage large 
                and complex organizations; and
                  (D) a proven record in achieving positive 
                operational results;
          (2) enter into an annual performance agreement with 
        the Secretary that shall set forth measurable 
        individual and organizational goals; and
          (3) be subject to an annual performance evaluation by 
        the Secretary, who shall determine as part of each such 
        evaluation whether the Under Secretary for Management 
        has made satisfactory progress toward achieving the 
        goals set out in the performance agreement required 
        under paragraph (2).
  (d) Acquisition and Related Responsibilities.--
          (1) In general.--Notwithstanding section 1702(b) of 
        title 41, United States Code, the Under Secretary for 
        Management is the Chief Acquisition Officer of the 
        Department. As Chief Acquisition Officer, the Under 
        Secretary shall have the authorities and perform the 
        functions specified in section 1702(b) of such title, 
        and perform all other functions and responsibilities 
        delegated by the Secretary or described in this 
        subsection.
          (2) Functions and responsibilities.--In addition to 
        the authorities and functions specified in section 
        1702(b) of title 41, United States Code, the functions 
        and responsibilities of the Under Secretary for 
        Management related to acquisition (as such term is 
        defined in section 710) include the following:
                  (A) Advising the Secretary regarding 
                acquisition management activities, taking into 
                account risks of failure to achieve cost, 
                schedule, or performance parameters, to ensure 
                that the Department achieves its mission 
                through the adoption of widely accepted program 
                management best practices (as such term is 
                defined in section 710) and standards and, 
                where appropriate, acquisition innovation best 
                practices.
                  (B) Leading the Department's acquisition 
                oversight body, the Acquisition Review Board, 
                and exercising the acquisition decision 
                authority (as such term is defined in section 
                710) to approve, pause, modify (including the 
                rescission of approvals of program milestones), 
                or cancel major acquisition programs (as such 
                term is defined in section 710), unless the 
                Under Secretary delegates such authority to a 
                Component Acquisition Executive (as such term 
                is defined in section 710) pursuant to 
                paragraph (3).
                  (C) Establishing policies for acquisition 
                that implement an approach that takes into 
                account risks of failure to achieve cost, 
                schedule, or performance parameters that all 
                components of the Department shall comply with, 
                including outlining relevant authorities for 
                program managers to effectively manage 
                acquisition programs.
                  (D) Ensuring that each major acquisition 
                program has a Department-approved acquisition 
                program baseline (as such term is defined in 
                section 710), pursuant to the Department's 
                acquisition management policy.
                  (E) Ensuring that the heads of components and 
                Component Acquisition Executives comply with 
                Federal law, the Federal Acquisition 
                Regulation, and Department acquisition 
                management directives.
                  (F) Ensuring that grants and financial 
                assistance are provided only to individuals and 
                organizations that are not suspended or 
                debarred.
                  (G) Distributing guidance throughout the 
                Department to ensure that contractors involved 
                in acquisitions, particularly contractors that 
                access the Department's information systems and 
                technologies, adhere to relevant Department 
                policies related to physical and information 
                security as identified by the Under Secretary 
                for Management.
                  (H) Overseeing the Component Acquisition 
                Executive organizational structure to ensure 
                Component Acquisition Executives have 
                sufficient capabilities and comply with 
                Department acquisition policies.
          (3) Delegation of acquisition decision authority.--
                  (A) Level 3 acquisitions.--The Under 
                Secretary for Management may delegate 
                acquisition decision authority in writing to 
                the relevant Component Acquisition Executive 
                for an acquisition program that has a life 
                cycle cost estimate of less than $300,000,000.
                  (B) Level 2 acquisitions.--The Under 
                Secretary for Management may delegate 
                acquisition decision authority in writing to 
                the relevant Component Acquisition Executive 
                for a major acquisition program that has a life 
                cycle cost estimate of at least $300,000,000 
                but not more than $1,000,000,000 if all of the 
                following requirements are met:
                          (i) The component concerned possesses 
                        working policies, processes, and 
                        procedures that are consistent with 
                        Department-level acquisition policy.
                          (ii) The Component Acquisition 
                        Executive concerned has adequate, 
                        experienced, and dedicated professional 
                        employees with program management 
                        training, as applicable, commensurate 
                        with the size of the acquisition 
                        programs and related activities 
                        delegated to such Component Acquisition 
                        Executive by the Under Secretary for 
                        Management.
                          (iii) Each major acquisition program 
                        concerned has written documentation 
                        showing that it has a Department-
                        approved acquisition program baseline 
                        and it is meeting agreed-upon cost, 
                        schedule, and performance thresholds.
          (4) Relationship to under secretary for science and 
        technology.--
                  (A) In general.--Nothing in this subsection 
                shall diminish the authority granted to the 
                Under Secretary for Science and Technology 
                under this Act. The Under Secretary for 
                Management and the Under Secretary for Science 
                and Technology shall cooperate in matters 
                related to the coordination of acquisitions 
                across the Department so that investments of 
                the Directorate of Science and Technology are 
                able to support current and future requirements 
                of the components of the Department.
                  (B) Operational testing and evaluation.--The 
                Under Secretary for Science and Technology 
                shall--
                          (i) ensure, in coordination with 
                        relevant component heads, that major 
                        acquisition programs--
                                  (I) complete operational 
                                testing and evaluation of 
                                technologies and systems;
                                  (II) use independent 
                                verification and validation of 
                                operational test and evaluation 
                                implementation and results; and
                                  (III) document whether such 
                                programs meet all performance 
                                requirements included in their 
                                acquisition program baselines;
                          (ii) ensure that such operational 
                        testing and evaluation includes all 
                        system components and incorporates 
                        operators into the testing to ensure 
                        that systems perform as intended in the 
                        appropriate operational setting; and
                          (iii) determine if testing conducted 
                        by other Federal agencies and private 
                        entities is relevant and sufficient in 
                        determining whether systems perform as 
                        intended in the operational setting.
  [(d)] (e) System for Award Management Consultation.--The 
Under Secretary for Management shall require that all 
Department contracting and grant officials consult the System 
for Award Management (or successor system) as maintained by the 
General Services Administration prior to awarding a contract or 
grant or entering into other transactions to ascertain whether 
the selected contractor is excluded from receiving Federal 
contracts, certain subcontracts, and certain types of Federal 
financial and non-financial assistance and benefits.
  [(e)] (f) Interoperable Communications Defined.--In this 
section, the term ``interoperable communications'' has the 
meaning given that term in section 7303(g) of the Intelligence 
Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(g)).

SEC. 702. CHIEF FINANCIAL OFFICER.

  (a) In General.--The Chief Financial Officer shall perform 
functions as specified in chapter 9 of title 31, United States 
Code, and, with respect to all such functions and other 
responsibilities that may be assigned to the Chief Financial 
Officer from time to time, shall also report to the Under 
Secretary for Management.
  (b) Program Analysis and Evaluation Function.--
          (1) Establishment of office of program analysis and 
        evaluation.--Not later than 90 days after the date of 
        enactment of this subsection, the Secretary shall 
        establish an Office of Program Analysis and Evaluation 
        within the Department (in this section referred to as 
        the ``Office'').
          (2) Responsibilities.--The Office shall perform the 
        following functions:
                  (A) Analyze and evaluate plans, programs, and 
                budgets of the Department in relation to United 
                States homeland security objectives, projected 
                threats, vulnerability assessments, estimated 
                costs, resource constraints, and the most 
                recent homeland security strategy developed 
                pursuant to section 874(b)(2).
                  (B) Develop and perform analyses and 
                evaluations of alternative plans, programs, 
                personnel levels, and budget submissions for 
                the Department in relation to United States 
                homeland security objectives, projected 
                threats, vulnerability assessments, estimated 
                costs, resource constraints, and the most 
                recent homeland security strategy developed 
                pursuant to section 874(b)(2).
                  (C) Establish policies for, and oversee the 
                integration of, the planning, programming, and 
                budgeting system of the Department.
                  (D) Review and ensure that the Department 
                meets performance-based budget requirements 
                established by the Office of Management and 
                Budget.
                  (E) Provide guidance for, and oversee the 
                development of, the Future Years Homeland 
                Security Program of the Department, as 
                specified under section 874.
                  (F) Ensure that the costs of Department 
                programs, including classified programs, are 
                presented accurately and completely.
                  (G) Oversee the preparation of the annual 
                performance plan for the Department and the 
                program and performance section of the annual 
                report on program performance for the 
                Department, consistent with sections 1115 and 
                1116, respectively, of title 31, United States 
                Code.
                  (H) Provide leadership in developing and 
                promoting improved analytical tools and methods 
                for analyzing homeland security planning and 
                the allocation of resources.
                  (I) Any other responsibilities delegated by 
                the Secretary consistent with an effective 
                program analysis and evaluation function.
                  (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.
          (3) Director of program analysis and evaluation.--
        There shall be a Director of Program Analysis and 
        Evaluation, who--
                  (A) shall be a principal staff assistant to 
                the Chief Financial Officer of the Department 
                for program analysis and evaluation; and
                  (B) shall report to an official no lower than 
                the Chief Financial Officer.
          (4) Reorganization.--
                  (A) In general.--The Secretary may allocate 
                or reallocate the functions of the Office, or 
                discontinue the Office, in accordance with 
                section 872(a).
                  (B) Exemption from limitations.--Section 
                872(b) shall not apply to any action by the 
                Secretary under this paragraph.
  (c) Notification Regarding Transfer or Reprogramming of 
Funds.--In any case in which appropriations available to the 
Department or any officer of the Department are transferred or 
reprogrammed and notice of such transfer or reprogramming is 
submitted to the Congress (including any officer, office, or 
Committee of the Congress), the Chief Financial Officer of the 
Department shall simultaneously submit such notice to the 
Select Committee on Homeland Security (or any successor to the 
jurisdiction of that committee) and the Committee on Government 
Reform of the House of Representatives, and to the Committee on 
Governmental Affairs of the Senate.

SEC. 703. CHIEF INFORMATION OFFICER.

  (a) In General.--The Chief Information Officer shall report 
to the Secretary, or to another official of the Department, as 
the Secretary may direct.
  (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.
  [(b)] (c) Geospatial Information Functions.--
          (1) Definitions.--As used in this subsection:
                  (A) Geospatial information.--The term 
                ``geospatial information'' means graphical or 
                digital data depicting natural or manmade 
                physical features, phenomena, or boundaries of 
                the earth and any information related thereto, 
                including surveys, maps, charts, remote sensing 
                data, and images.
                  (B) Geospatial technology.--The term 
                ``geospatial technology'' means any technology 
                utilized by analysts, specialists, surveyors, 
                photogrammetrists, hydrographers, geodesists, 
                cartographers, architects, or engineers for the 
                collection, storage, retrieval, or 
                dissemination of geospatial information, 
                including--
                          (i) global satellite surveillance 
                        systems;
                          (ii) global position systems;
                          (iii) geographic information systems;
                          (iv) mapping equipment;
                          (v) geocoding technology; and
                          (vi) remote sensing devices.
          (2) Office of geospatial management.--
                  (A) Establishment.--The Office of Geospatial 
                Management is established within the Office of 
                the Chief Information Officer.
                  (B) Geospatial information officer.--
                          (i) Appointment.--The Office of 
                        Geospatial Management shall be 
                        administered by the Geospatial 
                        Information Officer, who shall be 
                        appointed by the Secretary and serve 
                        under the direction of the Chief 
                        Information Officer.
                          (ii) Functions.--The Geospatial 
                        Information Officer shall assist the 
                        Chief Information Officer in carrying 
                        out all functions under this section 
                        and in coordinating the geospatial 
                        information needs of the Department.
                  (C) Coordination of geospatial information.--
                The Chief Information Officer shall establish 
                and carry out a program to provide for the 
                efficient use of geospatial information, which 
                shall include--
                          (i) providing such geospatial 
                        information as may be necessary to 
                        implement the critical infrastructure 
                        protection programs;
                          (ii) providing leadership and 
                        coordination in meeting the geospatial 
                        information requirements of those 
                        responsible for planning, prevention, 
                        mitigation, assessment and response to 
                        emergencies, critical infrastructure 
                        protection, and other functions of the 
                        Department; and
                          (iii) coordinating with users of 
                        geospatial information within the 
                        Department to assure interoperability 
                        and prevent unnecessary duplication.
                  (D) Responsibilities.--In carrying out this 
                subsection, the responsibilities of the Chief 
                Information Officer shall include--
                          (i) coordinating the geospatial 
                        information needs and activities of the 
                        Department;
                          (ii) implementing standards, as 
                        adopted by the Director of the Office 
                        of Management and Budget under the 
                        processes established under section 216 
                        of the E-Government Act of 2002 (44 
                        U.S.C. 3501 note), to facilitate the 
                        interoperability of geospatial 
                        information pertaining to homeland 
                        security among all users of such 
                        information within--
                                  (I) the Department;
                                  (II) State and local 
                                government; and
                                  (III) the private sector;
                          (iii) coordinating with the Federal 
                        Geographic Data Committee and carrying 
                        out the responsibilities of the 
                        Department pursuant to Office of 
                        Management and Budget Circular A-16 and 
                        Executive Order 12906; and
                          (iv) making recommendations to the 
                        Secretary and the Executive Director of 
                        the Office for State and Local 
                        Government Coordination and 
                        Preparedness on awarding grants to--
                                  (I) fund the creation of 
                                geospatial data; and
                                  (II) execute information 
                                sharing agreements regarding 
                                geospatial data with State, 
                                local, and tribal governments.
          (3) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as may be 
        necessary to carry out this subsection for each fiscal 
        year.

           *       *       *       *       *       *       *


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

  (a) Establishment of Office.--Within the Management 
Directorate, there shall be a Program Accountability and Risk 
Management office to--
          (1) provide consistent accountability, 
        standardization, and transparency of major acquisition 
        programs of the Department; and
          (2) serve as the central oversight function for all 
        Department acquisition programs.
  (b) Responsibilities of Executive Director.--The Program 
Accountability and Risk Management office shall be led by an 
Executive Director to oversee the requirement under subsection 
(a). The Executive Director shall report directly to the Under 
Secretary for Management, and shall carry out the following 
responsibilities:
          (1) Monitor regularly the performance of Department 
        acquisition programs between acquisition decision 
        events to identify problems with cost, performance, or 
        schedule that components may need to address to prevent 
        cost overruns, performance issues, or schedule delays.
          (2) Assist the Under Secretary for Management in 
        managing the Department's acquisition programs and 
        related activities.
          (3) Conduct oversight of individual acquisition 
        programs to implement Department acquisition program 
        policy, procedures, and guidance with a priority on 
        ensuring the data the office collects and maintains 
        from Department components is accurate and reliable.
          (4) Serve as the focal point and coordinator for the 
        acquisition life cycle review process and as the 
        executive secretariat for the Acquisition Review Board.
          (5) Advise the persons having acquisition decision 
        authority in making acquisition decisions consistent 
        with all applicable laws and in establishing clear 
        lines of authority, accountability, and responsibility 
        for acquisition decisionmaking within the Department.
          (6) Engage in the strategic planning and performance 
        evaluation process required under section 306 of title 
        5, United States Code, and sections 1105(a)(28), 1115, 
        1116, and 9703 of title 31, United States Code, by 
        supporting the Chief Procurement Officer in developing 
        strategies and specific plans for hiring, training, and 
        professional development in order to rectify any 
        deficiency within the Department's acquisition 
        workforce.
          (7) Develop standardized certification standards in 
        consultation with the Component Acquisition Executives 
        for all acquisition program managers.
          (8) In the event that an acquisition program 
        manager's certification or actions need review for 
        purposes of promotion or removal, provide input, in 
        consultation with the relevant Component Acquisition 
        Executive, into the relevant acquisition program 
        manager's performance evaluation, and report positive 
        or negative experiences to the relevant certifying 
        authority.
          (9) Provide technical support and assistance to 
        Department acquisitions and acquisition personnel in 
        conjunction with the Chief Procurement Officer.
          (10) Prepare the Department's Comprehensive 
        Acquisition Status Report, as required by title I of 
        division D of the Consolidated Appropriations Act, 2016 
        (Public Law 114-113), and make such report available to 
        the congressional homeland security committees.
  (c) Responsibilities of Components.--Each head of a component 
shall comply with Federal law, the Federal Acquisition 
Regulation, and Department acquisition management directives 
established by the Under Secretary for Management. For each 
major acquisition program, each head of a component shall--
          (1) define baseline requirements and document changes 
        to such requirements, as appropriate;
          (2) establish a complete life cycle cost estimate 
        with supporting documentation, including an acquisition 
        program baseline;
          (3) verify each life cycle cost estimate against 
        independent cost estimates, and reconcile any 
        differences;
          (4) complete a cost-benefit analysis with supporting 
        documentation;
          (5) develop and maintain a schedule that is 
        consistent with scheduling best practices as identified 
        by the Comptroller General of the United States, 
        including, in appropriate cases, an integrated master 
        schedule; and
          (6) ensure that all acquisition program information 
        provided by the component is complete, accurate, 
        timely, and valid.
  (d) Definitions.--In this section:
          (1) Acquisition.--The term ``acquisition'' has the 
        meaning given such term in section 131 of title 41, 
        United States Code.
          (2) Acquisition decision authority.--The term 
        ``acquisition decision authority'' means the authority, 
        held by the Secretary acting through the Deputy 
        Secretary or Under Secretary for Management to--
                  (A) ensure compliance with Federal law, the 
                Federal Acquisition Regulation, and Department 
                acquisition management directives;
                  (B) review (including approving, pausing, 
                modifying, or canceling) an acquisition program 
                through the life cycle of such program;
                  (C) ensure that acquisition program managers 
                have the resources necessary to successfully 
                execute an approved acquisition program;
                  (D) ensure good acquisition program 
                management of cost, schedule, risk, and system 
                performance of the acquisition program at 
                issue, including assessing acquisition program 
                baseline breaches and directing any corrective 
                action for such breaches; and
                  (E) ensure that acquisition program managers, 
                on an ongoing basis, monitor cost, schedule, 
                and performance against established baselines 
                and use tools to assess risks to an acquisition 
                program at all phases of the life cycle of such 
                program to avoid and mitigate acquisition 
                program baseline breaches.
          (3) Acquisition decision event.--The term 
        ``acquisition decision event'', with respect to an 
        acquisition program, means a predetermined point within 
        each of the acquisition phases at which the acquisition 
        decision authority determines whether such acquisition 
        program shall proceed to the next acquisition phase.
          (4) Acquisition program.--The term ``acquisition 
        program'' means the process by which the Department 
        acquires, with any appropriated amounts, by contract 
        for purchase or lease, property or services (including 
        construction) that support the missions and goals of 
        the Department.
          (5) Acquisition program baseline.--The term 
        ``acquisition program baseline'', with respect to an 
        acquisition program, means a summary of the cost, 
        schedule, and performance parameters, expressed in 
        standard, measurable, quantitative terms, which must be 
        met in order to accomplish the goals of such program.
          (6) Best practices.--The term ``best practices'', 
        with respect to acquisition, means a knowledge-based 
        approach to capability development that includes--
                  (A) identifying and validating needs;
                  (B) assessing alternatives to select the most 
                appropriate solution;
                  (C) clearly establishing well-defined 
                requirements;
                  (D) developing realistic cost assessments and 
                schedules;
                  (E) securing stable funding that matches 
                resources to requirements;
                  (F) demonstrating technology, design, and 
                manufacturing maturity;
                  (G) using milestones and exit criteria or 
                specific accomplishments that demonstrate 
                progress;
                  (H) adopting and executing standardized 
                processes with known success across programs;
                  (I) establishing an adequate workforce that 
                is qualified and sufficient to perform 
                necessary functions; and
                  (J) integrating the capabilities described in 
                subparagraphs (A) through (I) into the 
                Department's mission and business operations.
          (7) Breach.--The term ``breach'', with respect to a 
        major acquisition program, means a failure to meet any 
        cost, schedule, or performance threshold specified in 
        the most recently approved acquisition program 
        baseline.
          (8) Congressional homeland security committees.--The 
        term ``congressional homeland security committees'' 
        means--
                  (A) the Committee on Homeland Security of the 
                House of Representatives and the Committee on 
                Homeland Security and Governmental Affairs of 
                the Senate; and
                  (B) the Committee on Appropriations of the 
                House of Representatives and of the Senate.
          (9) Component acquisition executive.--The term 
        ``Component Acquisition Executive'' means the senior 
        acquisition official within a component who is 
        designated in writing by the Under Secretary for 
        Management, in consultation with the component head, 
        with authority and responsibility for leading a process 
        and staff to provide acquisition and program management 
        oversight, policy, and guidance to ensure that 
        statutory, regulatory, and higher level policy 
        requirements are fulfilled, including compliance with 
        Federal law, the Federal Acquisition Regulation, and 
        Department acquisition management directives 
        established by the Under Secretary for Management.
          (10) Major acquisition program.--The term ``major 
        acquisition program'' means a Department acquisition 
        program that is estimated by the Secretary to require 
        an eventual total expenditure of at least $300,000,000 
        (based on fiscal year 2017 constant dollars) over its 
        life cycle cost.

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