[House Report 116-475]
[From the U.S. Government Publishing Office]


116th Congress }                                             { Report
                        HOUSE OF REPRESENTATIVES
 2d Session    }                                             { 116-475

======================================================================



 
     HOMELAND SECURITY ACQUISITION PROFESSIONAL CAREER PROGRAM ACT

                                _______
                                

August 14, 2020.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Thompson of Mississippi, from the Committee on Homeland Security, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 5822]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 5822) to amend the Homeland Security Act of 2002 
to establish an acquisition professional career program, and 
for other purposes, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     3
Background and Need for Legislation..............................     3
Hearings.........................................................     4
Committee Consideration..........................................     4
Committee Votes..................................................     4
Committee Oversight Findings.....................................     4
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and 
  Tax Expenditures...............................................     5
Federal Mandates Statement.......................................     6
Duplicative Federal Programs.....................................     6
Statement of General Performance Goals and Objectives............     6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................
Advisory Committee Statement.....................................
Applicability to Legislative Branch..............................
Section-by-Section Analysis of the Legislation...................     6
Changes in Existing Law Made by the Bill, as Reported............     7

    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 ``Homeland Security Acquisition 
Professional Career Program Act''.

SEC. 2. AUTHORIZATION OF THE ACQUISITION PROFESSIONAL CAREER PROGRAM.

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

``SEC. 711. ACQUISITION PROFESSIONAL CAREER PROGRAM.

  ``(a) Establishment.--There is established in the Department an 
acquisition professional career program to develop a cadre of 
acquisition professionals within the Department.
  ``(b) Administration.--The Under Secretary for Management shall 
administer the acquisition professional career program established 
pursuant to subsection (a).
  ``(c) Program Requirements.--The Under Secretary for Management shall 
carry out the following with respect to the acquisition professional 
career program.
          ``(1) Designate the occupational series, grades, and number 
        of acquisition positions throughout the Department to be 
        included in the program and manage centrally such positions.
          ``(2) Establish and publish on the Department's website 
        eligibility criteria for candidates to participate in the 
        program.
          ``(3) Carry out recruitment efforts to attract candidates--
                  ``(A) from institutions of higher education, 
                including such institutions with established 
                acquisition specialties and courses of study, 
                historically Black colleges and universities, and 
                Hispanic-serving institutions;
                  ``(B) with diverse work experience outside of the 
                Federal Government; or
                  ``(C) with military service.
          ``(4) Hire eligible candidates for designated positions under 
        the program.
          ``(5) Develop a structured program comprised of acquisition 
        training, on-the-job experience, Department-wide rotations, 
        mentorship, shadowing, and other career development 
        opportunities for program participants.
          ``(6) Provide, beyond required training established for 
        program participants, additional specialized acquisition 
        training, including small business contracting and innovative 
        acquisition techniques training.
  ``(d) Reports.--Not later than December 31, 2020, and annually 
thereafter through 2026, the Secretary shall submit to the Committee on 
Homeland Security of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Senate a report on 
the acquisition professional career program. Each such report shall 
include the following information:
          ``(1) The number of candidates approved for the program.
          ``(2) The number of candidates who commenced participation in 
        the program, including generalized information on such 
        candidates' backgrounds with respect to education and prior 
        work experience, but not including personally identifiable 
        information.
          ``(3) A breakdown of the number of participants hired under 
        the program by type of acquisition position.
          ``(4) A list of Department components and offices that 
        participated in the program and information regarding length of 
        time of each program participant in each rotation at such 
        components or offices.
          ``(5) Program attrition rates and post-program graduation 
        retention data, including information on how such data compare 
        to the prior year's data, as available.
          ``(6) The Department's recruiting efforts for the program.
          ``(7) The Department's efforts to promote retention of 
        program participants.
  ``(e) Definitions.--In this section:
          ``(1) Hispanic-serving institution.--The term `Hispanic-
        serving institution' has the meaning given such term in section 
        502 of the Higher Education Act of 1965 (20 U.S.C. 1101a).
          ``(2) Historically black colleges and universities.--The term 
        `historically Black colleges and universities' has the meaning 
        given the term `part B institution' in section 322(2) of Higher 
        Education Act of 1965 (20 U.S.C. 1061(2)).
          ``(3) Institution of higher education.--The term `institution 
        of higher education' has the meaning given such term in section 
        101 of the Higher Education Act of 1965 (20 U.S.C. 1001).''.
  (b) Clerical Amendment.--The table of contents in section 1(b) of the 
Homeland Security Act of 2002 is amended by inserting after the item 
relating to section 710 the following new item:

``Sec. 711. Acquisition professional career program.''.

                          Purpose and Summary

    H.R. 5822, the ``Homeland Security Acquisition Professional 
Career Program Act'' authorizes a Department of Homeland 
Security (DHS) program for developing a cadre of acquisition 
professionals within DHS. The bill outlines the requirements 
for the program, which includes acquisition training, on-the-
job experience, Department-wide rotations, mentoring, 
shadowing, and other career development opportunities for 
participants. The bill also requires the DHS Secretary to 
report annually to Congress through fiscal year 2026 on various 
aspects of the program, including the DHS components and 
offices that participated, attrition and retention rates, and 
DHS' recruitment efforts for the program.

                  Background and Need for Legislation

    Each year, DHS spends billions of dollars to acquire goods 
and services to support its many missions. For example, the 
U.S. Coast Guard purchases ships and planes to conduct search 
and rescue, the Federal Emergency Management Agency acquires 
supplies and services for disaster relief, and the 
Transportation Security Administration buys passenger and 
baggage screening equipment to secure the nation's airports.
    To acquire these goods and services, DHS relies on 
acquisition and procurement professionals. However, the 
Government Accountability Office (GAO) has identified workforce 
shortages as a long-standing challenge for DHS' major 
acquisition programs. In September 2012, GAO found that 51 of 
DHS' major acquisition programs had experienced workforce 
shortfalls, which increased the likelihood that the programs 
would not acquire needed goods and services on time or on 
budget.\1\ In April 2015, GAO found that 21 of the 22 programs 
it reviewed faced staffing shortfalls in their acquisition 
program offices.\2\ To date, GAO continues to monitor DHS' 
progress to assess and address acquisition workforce shortages 
as a part of its High Risk List.\3\
---------------------------------------------------------------------------
    \1\Homeland Security: DHS Requires More Disciplined Investment 
Management to Help Meet Mission Needs, GAO, Sept. 2012, https://
www.gao.gov/products/GAO-12-833.
    \2\Homeland Security Acquisitions: Major Program Assessments Reveal 
Actions Needed to Improve Accountability, GAO, Apr. 2015, https://
www.gao.gov/products/GAO-15-171SP.
    \3\High Risk, Strengthening Department of Homeland Security 
Management Functions, GAO, https://www.gao.gov/highrisk/
strengthening_homeland_security/why_did_study.
---------------------------------------------------------------------------
    DHS established an acquisition professional career program 
in 2008 to hire contract specialists for its procurement 
workforce. In 2009, DHS expanded the program to include other 
acquisition workforce positions, such as program analysts, 
system engineers, cost estimators, and information technology 
specialists. The acquisition professional career program is 
highly structured and features three years of training, on-the-
job experience, mentorship, and other career development 
opportunities that prepare participants to be fully qualified 
acquisition and procurement professionals in their respective 
fields. According to DHS, over 300 participants have graduated 
from the program since its inception. H.R. 5822 would authorize 
the acquisition professional career program in law to ensure 
that DHS maintains a pipeline for acquisition professionals. 
Establishing the program will help the Department address 
workforce shortfalls and ensure it has a qualified acquisition 
workforce to obtain the goods and services needed to fulfill 
its ultimate mission of defending the homeland.

                                Hearings

    For the purposes of section 103(i) of H. Res 6. of the 
116th Congress, the following hearings were used to develop 
H.R. 5822:
           On May 9, 2019, the Committee held a hearing 
        entitled ``FEMA Contracting: Reviewing Lessons Learned 
        from Past Disasters to Improve Preparedness.'' The 
        Committee received testimony from Brian Kamoie, 
        Associate Administrator for Mission Support, Federal 
        Emergency Management Agency; Marie Mak, Director, 
        Contracting and National Security Acquisitions Team, 
        Government Accountability Office; and Katherine 
        Trimble, Deputy Assistant Inspector General for Audits, 
        Department of Homeland Security Office of Inspector 
        General.
           On April 3, 2019, the Committee held a 
        hearing entitled ``Ensuring Effective and Efficient 
        Operations: A Review of the Fiscal Year 2020 DHS 
        Management Directorate Budget Request.'' The Committee 
        received testimony from Chip Fulghum, Deputy Under 
        Secretary for Management, Department of Homeland 
        Security; and Chris Currie, Director, Homeland Security 
        and Justice Team, Government Accountability Office.

                        Committee Consideration

    The Committee met on February 12, 2020, with a quorum being 
present, to consider H.R. 5822 and ordered the measure to be 
reported to the House with a favorable recommendation, with an 
amendment, by unanimous consent.
    The following amendment was offered and agreed to by 
unanimous consent:
    An amendment offered by Mr. Crenshaw.
    Page 4, line 15, strike ``lengths'' and insert ``length''.
    Page 4, line 18, insert ``post-program graduation'' before 
``retention''.
    Page 4, line 21, strike ``Information on the'' and insert 
``The''.
    Page 4, line 23, strike ``Information on the'' and insert 
``The''.
    Page 4, line 24, strike ``improve the efficacy of the 
program and''.

                            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. 5822.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

Congressional Budget Office Estimate New Budget Authority, Entitlement 
                    Authority, and Tax Expenditures

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee adopts as its 
own the estimate of the estimate of new budget authority, 
entitlement authority, or tax expenditures or revenues 
contained in the cost estimate prepared by the Director of the 
Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 22, 2020.
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 5822, the Homeland 
Security Acquisition Professional Career Program Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Madeleine 
Fox.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.


    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    H.R. 5822 would establish a career program for acquisition 
professionals within the Department of Homeland Security (DHS). 
The program would establish eligibility requirements for 
participants; designate the relevant occupational series, 
grades, and number of positions; and seek to attract candidates 
from different backgrounds to participate. The bill also would 
require DHS to report to the Congress on the participants in 
the program and the retention rates for acquisition 
professionals.
    DHS is currently carrying out an acquisition professional 
program. Using information about that program, CBO estimates 
that new activities required under the bill would not require 
substantial action by the department and would cost less than 
$500,000 annually. In total, CBO estimates that implementing 
H.R. 5822 would cost about $2 million over the 2020-2025 
period; spending would be subject to the availability of 
appropriated funds.
    The CBO staff contact for this estimate is Madeleine Fox. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of rule XIII, the Committee finds 
that H.R. 5822 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

                    Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, the objective of H.R. 5822 is to 
strengthen DHS' acquisition workforce by developing a pipeline 
of qualified and trained acquisition professionals to execute 
the Department's multi-billion dollar investments in goods and 
services that support its many missions.

                          Advisory on Earmarks

    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(d), 9(e), or 9(f) of the rule 
XXI.

             Section-by-Section Analysis of the Legislation


Section 1. Short title

    This section states that the Act may be cited as the 
``Homeland Security Acquisition Professional Career Program 
Act.''

Sec. 2. Authorization of the Acquisition Professional Career Program

    This section amends the Homeland Security Act of 2002 to 
establish an acquisition professional career program to develop 
a cadre of acquisition professionals within DHS. It identifies 
the Under Secretary for Management as the administrator of the 
acquisition professional career program.
    This section also outlines the acquisition professional 
career program requirements, which include the following:
          (1) Designating the occupational series, grades, and 
        number of acquisition positions throughout the 
        Department to be included in the program;
          (2) Establishing and publishing eligibility criteria 
        for the program on the Department's website;
          (3) Carrying out recruitment efforts to attract 
        program candidates that are from institutions of higher 
        education, including those institutions that have 
        established acquisition specialties, that are 
        historically Black colleges and universities, and that 
        are Hispanic-serving institutions, as well as 
        candidates with diverse work experience outside the 
        Federal Government or with military service;
          (4) Hiring eligible candidates for designated program 
        positions;
          (5) Developing a structured program comprised of 
        acquisition training, on-the-job experience, 
        Department-wide rotations, mentorship, shadowing, and 
        other career development opportunities; and
          (6) Providing, beyond the required program training, 
        additional specialized acquisition training, including 
        small business contracting and innovative acquisition 
        techniques training.
    In establishing these requirements, the Committee expects 
that all acquisition positions designated for the program are 
on the General Schedule maintained by the Office of Personnel 
Management. The Committee also expects that eligible internal 
candidates, such as current DHS employees or contractors, may 
apply for the program.
    Section 2 further requires the Secretary of Homeland 
Security to report to Congress no later than December 31, 2020, 
and annually thereafter through 2026, on the acquisition 
professional career program. Each report is to include the 
following:
          (1) The number of candidates approved for the 
        program;
          (2) The number of candidates who commenced 
        participation in the program, including generalized 
        information on their backgrounds with response to 
        education and prior work experience, excluding any 
        personally identifying information;
          (3) A breakdown of the number of participants hired 
        under the program by type of acquisition position;
          (4) A list of Department components and offices that 
        participate in the program and information regarding 
        the length of time of each program participant in each 
        rotation at such components or offices;
          (5) Program attrition rates and retention data, 
        including comparison to prior year's data;
          (6) Information on the Department's recruitment 
        efforts for the program; and
          (7) Information on DHS' efforts to promote retention 
        of program participants.

         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 (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:

Sec. 1. Short title; table of contents.
     * * * * * * *

                          TITLE VII--MANAGEMENT

     * * * * * * *
Sec. 710. Workforce health and medical support.
Sec. 711. Acquisition professional career program.

           *       *       *       *       *       *       *


TITLE VII--MANAGEMENT

           *       *       *       *       *       *       *


SEC. 711. ACQUISITION PROFESSIONAL CAREER PROGRAM.

  (a) Establishment.--There is established in the Department an 
acquisition professional career program to develop a cadre of 
acquisition professionals within the Department.
  (b) Administration.--The Under Secretary for Management shall 
administer the acquisition professional career program 
established pursuant to subsection (a).
  (c) Program Requirements.--The Under Secretary for Management 
shall carry out the following with respect to the acquisition 
professional career program.
          (1) Designate the occupational series, grades, and 
        number of acquisition positions throughout the 
        Department to be included in the program and manage 
        centrally such positions.
          (2) Establish and publish on the Department's website 
        eligibility criteria for candidates to participate in 
        the program.
          (3) Carry out recruitment efforts to attract 
        candidates--
                  (A) from institutions of higher education, 
                including such institutions with established 
                acquisition specialties and courses of study, 
                historically Black colleges and universities, 
                and Hispanic-serving institutions;
                  (B) with diverse work experience outside of 
                the Federal Government; or
                  (C) with military service.
          (4) Hire eligible candidates for designated positions 
        under the program.
          (5) Develop a structured program comprised of 
        acquisition training, on-the-job experience, 
        Department-wide rotations, mentorship, shadowing, and 
        other career development opportunities for program 
        participants.
          (6) Provide, beyond required training established for 
        program participants, additional specialized 
        acquisition training, including small business 
        contracting and innovative acquisition techniques 
        training.
  (d) Reports.--Not later than December 31, 2020, and annually 
thereafter through 2026, the Secretary shall submit to the 
Committee on Homeland Security of the House of Representatives 
and the Committee on Homeland Security and Governmental Affairs 
of the Senate a report on the acquisition professional career 
program. Each such report shall include the following 
information:
          (1) The number of candidates approved for the 
        program.
          (2) The number of candidates who commenced 
        participation in the program, including generalized 
        information on such candidates' backgrounds with 
        respect to education and prior work experience, but not 
        including personally identifiable information.
          (3) A breakdown of the number of participants hired 
        under the program by type of acquisition position.
          (4) A list of Department components and offices that 
        participated in the program and information regarding 
        length of time of each program participant in each 
        rotation at such components or offices.
          (5) Program attrition rates and post-program 
        graduation retention data, including information on how 
        such data compare to the prior year's data, as 
        available.
          (6) The Department's recruiting efforts for the 
        program.
          (7) The Department's efforts to promote retention of 
        program participants.
  (e) Definitions.--In this section:
          (1) Hispanic-serving institution.--The term 
        ``Hispanic-serving institution'' has the meaning given 
        such term in section 502 of the Higher Education Act of 
        1965 (20 U.S.C. 1101a).
          (2) Historically black colleges and universities.--
        The term ``historically Black colleges and 
        universities'' has the meaning given the term ``part B 
        institution'' in section 322(2) of Higher Education Act 
        of 1965 (20 U.S.C. 1061(2)).
          (3) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning 
        given such term in section 101 of the Higher Education 
        Act of 1965 (20 U.S.C. 1001).

           *       *       *       *       *       *       *