IB 

Union Calendar No. 148 

116TH CONGRESS 

1ST SESSION H. R. 3413 

[Report No. 116–190] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 21, 2019 

Mr. CRENSHAW introduced the following bill; which was referred to the 

Committee on Homeland Security 

AUGUST 30, 2019 

Additional sponsors: Mr. ROGERS of Alabama and Mr. HAGEDORN

AUGUST 30, 2019 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on June 21, 2019] 


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A BILL 

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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘DHS Acquisition Re5 form Act of 2019’’. 

6 SEC. 2. ACQUISITION AUTHORITIES FOR UNDER SEC7 RETARY FOR MANAGEMENT OF THE DEPART8 MENT OF HOMELAND SECURITY. 

9 Section 701 of the Homeland Security Act of 2002 (6 

10 U.S.C. 341) is amended by— 

11 (1) redesignating subsection (d), the first sub12 section (e) (relating to the system for award manage13 ment consultation), and the second subsection (e) (re14 lating to the definition of interoperable communica15 tions) as subsections (e), (f), and (g), respectively; and 

16 (2) inserting after subsection (c) the following 

17 new subsection: 

18 ‘‘(d) ACQUISITION AND RELATED RESPONSIBIL19 ITIES.— 

20 ‘‘(1) IN GENERAL.—Notwithstanding section 

21 1702(a) of title 41, United States Code, the Under 

22 Secretary for Management is the Chief Acquisition 

23 Officer of the Department. As Chief Acquisition Offi24 cer, the Under Secretary shall have the authorities 

25 and perform the functions specified in such section 


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1 1702(b), and perform all other functions and respon2 sibilities delegated by the Secretary or described in 

3 this subsection. 

4 ‘‘(2) FUNCTIONS AND RESPONSIBILITIES.—In 

5 addition to the authorities and functions specified in 

6 section 1702(b) of title 41, United States Code, the 

7 functions and responsibilities of the Under Secretary 

8 for Management related to acquisition (as such term 

9 is defined in section 711) include the following: 

10 ‘‘(A) Advising the Secretary regarding ac11 quisition management activities, taking into ac12 count risks of failure to achieve cost, schedule, or 

13 performance parameters, to ensure that the De14 partment achieves its mission through the adop15 tion of widely accepted program management 

16 best practices (as such term is defined in section 

17 711) and standards and, where appropriate, ac18 quisition innovation best practices. 

19 ‘‘(B) Leading the Department’s acquisition 

20 oversight body, the Acquisition Review Board. 

21 ‘‘(C) Exercising the acquisition decision au22 thority (as such term is defined in section 711) 

23 to approve, pause, modify (including the rescis24 sion of approvals of program milestones), or can25 cel major acquisition programs (as such term is 


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1 defined in section 711), unless the Under Sec2 retary delegates such authority to a Component 

3 Acquisition Executive (as such term is defined in 

4 section 711) pursuant to paragraph (3). 

5 ‘‘(D) Establishing policies for acquisition 

6 that implement an approach that takes into ac7 count risks of failure to achieve cost, schedule, or 

8 performance parameters that all components of 

9 the Department shall comply with, including 

10 outlining relevant authorities for program man11 agers to effectively manage acquisition programs 

12 (as such term is defined in section 711). 

13 ‘‘(E) Ensuring that each major acquisition 

14 program has a Department-approved acquisition 

15 program baseline (as such term is defined in sec16 tion 711), pursuant to the Department’s acquisi17 tion management policy. 

18 ‘‘(F) Assisting the heads of components and 

19 Component Acquisition Executives in efforts to 

20 comply with Federal law, the Federal Acquisi21 tion Regulation, and Department acquisition 

22 management directives. 

23 ‘‘(G) Ensuring that grants and financial 

24 assistance are provided only to individuals and 


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1 organizations that are not suspended or 

2 debarred. 

3 ‘‘(H) Distributing guidance throughout the 

4 Department to ensure that contractors involved 

5 in acquisitions, particularly contractors that ac6 cess the Department’s information systems and 

7 technologies, adhere to relevant Department poli8 cies related to physical and information security 

9 as identified by the Under Secretary for Manage10 ment. 

11 ‘‘(I) Overseeing the Component Acquisition 

12 Executive organizational structure to ensure 

13 Component Acquisition Executives have suffi14 cient capabilities and comply with Department 

15 acquisition policies. 

16 ‘‘(3) DELEGATION OF CERTAIN ACQUISITION DE17 CISION AUTHORITY.— 

18 ‘‘(A) LEVEL 3 ACQUISITIONS.—The Under 

19 Secretary for Management may delegate acquisi20 tion decision authority to the relevant Compo21 nent Acquisition Executive for an acquisition 

22 program that has a life cycle cost estimate of less 

23 than $300,000,000. 

24 ‘‘(B) LEVEL 2 ACQUISITIONS.—The Under 

25 Secretary for Management may delegate acquisiVerDate Sep 11 2014 21:31 Aug 30, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H3413.RH H3413

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1 tion decision authority in writing to the relevant 

2 Component Acquisition Executive for a major 

3 acquisition program that has a life cycle cost es4 timate of at least $300,000 but not more than 

5 $1,000,000,000 if all of the following require6 ments are met: 

7 ‘‘(i) The component concerned possesses 

8 working policies, processes, and procedures 

9 that are consistent with Department-level 

10 acquisition policy. 

11 ‘‘(ii) The Component Acquisition Exec12 utive concerned has adequate, experienced, 

13 and dedicated professional employees with 

14 program management training, as applica15 ble, commensurate with the size of the ac16 quisition programs and related activities 

17 delegated to such Component Acquisition 

18 Executive by the Under Secretary for Man19 agement. 

20 ‘‘(iii) Each major acquisition program 

21 concerned has written documentation show22 ing that it has a Department-approved ac23 quisition program baseline and it is meet24 ing agreed-upon cost, schedule, and per25 formance thresholds. 


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1 ‘‘(C) LEVEL 1 ACQUISITIONS.—The Under 

2 Secretary for Management may delegate acquisi3 tion decision authority in writing to the relevant 

4 Component Acquisition Executive for a Level 1 

5 major acquisition program that has a life cycle 

6 cost estimate of more than $1,000,000,000 if all 

7 of the following requirements are met: 

8 ‘‘(i) The Undersecretary for Manage9 ment conducts a risk assessment of the 

10 planned acquisition and determines that it 

11 is appropriate to delegate authority for such 

12 major acquisition program. 

13 ‘‘(ii) The component concerned pos14 sesses working policies, processes, and proce15 dures that are consistent with Department16 level acquisition policy. 

17 ‘‘(iii) The Component Acquisition Ex18 ecutive concerned has adequate, experienced, 

19 and dedicated professional employees with 

20 program management training, as applica21 ble, commensurate with the size of the ac22 quisition programs and related activities 

23 delegated to such Component Acquisition 

24 Executive by the Under Secretary for Man25 agement. 


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1 ‘‘(iv) Each Level 1 major acquisition 

2 program concerned has written documenta3 tion showing that it has a Department-ap4 proved acquisition program baseline and it 

5 is meeting agreed-upon cost, schedule, and 

6 performance thresholds. 

7 ‘‘(v) The Under Secretary for Manage8 ment provides written notification to the 

9 appropriate congressional committees of the 

10 decision to delegate the authority to the rel11 evant Component Acquisition Executive. 

12 ‘‘(4) RELATIONSHIP TO UNDER SECRETARY FOR

13 SCIENCE AND TECHNOLOGY.— 

14 ‘‘(A) IN GENERAL.—Nothing in this sub15 section shall diminish the authority granted to 

16 the Under Secretary for Science and Technology 

17 under this Act. The Under Secretary for Man18 agement and the Under Secretary for Science 

19 and Technology shall cooperate in matters re20 lated to the coordination of acquisitions across 

21 the Department so that investments of the Direc22 torate of Science and Technology are able to sup23 port current and future requirements of the com24 ponents of the Department. 


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1 ‘‘(B) OPERATIONAL TESTING AND EVALUA2 TION.—The Under Secretary for Science and 

3 Technology shall— 

4 ‘‘(i) ensure, in coordination with rel5 evant component heads, that major acquisi6 tion programs— 

7 ‘‘(I) complete operational testing 

8 and evaluation of technologies and sys9 tems to be acquired or developed by 

10 major acquisition programs to assess 

11 operational effectiveness, suitability, 

12 and cybersecurity; 

13 ‘‘(II) use independent verification 

14 and validation of operational test and 

15 evaluation implementation and results, 

16 as appropriate; and 

17 ‘‘(III) document whether such pro18 grams meet all performance require19 ments included in their acquisition 

20 program baselines; 

21 ‘‘(ii) ensure that such operational test22 ing and evaluation includes all system com23 ponents and incorporates operators into the 

24 testing to ensure that systems perform as 


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1 intended in the appropriate operational set2 ting; and 

3 ‘‘(iii) determine if testing conducted by 

4 other Federal departments and agencies and 

5 private entities is relevant and sufficient in 

6 determining whether systems perform as in7 tended in the operational setting.’’. 

8 SEC. 3. ACQUISITION AUTHORITIES FOR CHIEF FINANCIAL 

9 OFFICER OF THE DEPARTMENT OF HOME10 LAND SECURITY. 

11 Paragraph (2) of section 702(b) of the Homeland Secu12 rity Act of 2002 (6 U.S.C. 342(b)) is amended by— 

13 (1) redesignating subparagraph (I) as subpara14 graph (J); and 

15 (2) inserting after subparagraph (H) the fol16 lowing new subparagraph: 

17 ‘‘(I) Oversee the costs of acquisition pro18 grams (as such term is defined in section 711) 

19 and related activities to ensure that actual and 

20 planned costs are in accordance with budget esti21 mates and are affordable, or can be adequately 

22 funded, over the life cycle of such programs and 

23 activities.’’. 


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1 SEC. 4. ACQUISITION AUTHORITIES FOR CHIEF INFORMA2 TION OFFICER OF THE DEPARTMENT OF 

3 HOMELAND SECURITY. 

4 Section 703 of the Homeland Security Act of 2002 (6 

5 U.S.C. 343) is amended— 

6 (1) by redesignating subsection (b) as subsection 

7 (c); and 

8 (2) by inserting after subsection (a) the following 

9 new subsection: 

10 ‘‘(b) ACQUISITION RESPONSIBILITIES.—In addition to 

11 the responsibilities specified in section 11315 of title 40, 

12 United States Code, the acquisition responsibilities of the 

13 Chief Information Officer, in consultation with the Under 

14 Secretary for Management, shall include the following: 

15 ‘‘(1) Overseeing the management of the Home16 land Security Enterprise Architecture and ensuring 

17 that, before each acquisition decision event (as such 

18 term is defined in section 711), approved information 

19 technology acquisitions comply with any depart20 mental information technology management require21 ments, security protocols, and the Homeland Security 

22 Enterprise Architecture, and in any case in which in23 formation technology acquisitions do not comply with 

24 the Department’s management directives, making rec25 ommendations to the Department’s Acquisition Re26 view Board regarding such noncompliance. 


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1 ‘‘(2) Providing recommendations to the Acquisi2 tion Review Board regarding information technology 

3 programs, and developing information technology ac4 quisition strategic guidance.’’. 

5 SEC. 5. ACQUISITION AUTHORITIES FOR UNDER SEC6 RETARY OF STRATEGY, POLICY, AND PLANS. 

7 Subsection (c) of section 709 of the Homeland Security 

8 Act of 2002 (6 U.S.C. 349) is amended by— 

9 (1) redesignating paragraphs (4) through (7) as 

10 (5) through (8), respectively; and 

11 (2) inserting after paragraph (3) the following 

12 new paragraph: 

13 ‘‘(4) ensure acquisition programs (as such term 

14 is defined in section 711) support the DHS Quadren15 nial Homeland Security Review Report, the DHS 

16 Strategic Plan, the DHS Strategic Priorities, and 

17 other appropriate successor documents;’’. 

18 SEC. 6. ACQUISITION AUTHORITIES FOR PROGRAM AC19 COUNTABILITY AND RISK MANAGEMENT 

20 (PARM). 

21 (a) IN GENERAL.—Title VII of the Homeland Security 

22 Act of 2002 (6 U.S.C. 341 et seq.) is amended by adding 

23 at the end the following new section: 


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1 ‘‘SEC. 711. ACQUISITION AUTHORITIES FOR PROGRAM AC2 COUNTABILITY AND RISK MANAGEMENT. 

3 ‘‘(a) ESTABLISHMENT OF OFFICE.—Within the Man4 agement Directorate, there shall be a Program Account5 ability and Risk Management office to— 

6 ‘‘(1) provide consistent accountability, standard7 ization, and transparency of major acquisition pro8 grams of the Department; 

9 ‘‘(2) serve as the central oversight function for 

10 all Department major acquisition programs; and 

11 ‘‘(3) provide review and analysis of Department 

12 acquisition programs, as appropriate. 

13 ‘‘(b) RESPONSIBILITIES OF EXECUTIVE DIRECTOR.— 

14 The Program Accountability and Risk Management office 

15 shall be led by an Executive Director to oversee the require16 ments specified in subsection (a). The Executive Director 

17 shall report directly to the Under Secretary for Manage18 ment, and shall carry out the following responsibilities: 

19 ‘‘(1) Monitor regularly the performance of De20 partment major acquisition programs between acqui21 sition decision events to identify problems with cost, 

22 performance, or schedule that components may need 

23 to address to prevent cost overruns, performance 

24 issues, or schedule delays. 


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1 ‘‘(2) Assist the Under Secretary for Management 

2 in managing the Department’s acquisition programs 

3 and related activities. 

4 ‘‘(3) Conduct oversight of individual acquisition 

5 programs to implement Department acquisition pro6 gram policy, procedures, and guidance with a pri7 ority on ensuring the data the office collects and 

8 maintains from Department components is accurate 

9 and reliable. 

10 ‘‘(4) Serve as the focal point and coordinator for 

11 the acquisition life cycle review process and as the ex12 ecutive secretariat for the Department’s Acquisition 

13 Review Board. 

14 ‘‘(5) Advise the persons having acquisition deci15 sion authority in making acquisition decisions con16 sistent with all applicable laws and in establishing 

17 clear lines of authority, accountability, and responsi18 bility for acquisition decisionmaking within the De19 partment. 

20 ‘‘(6) Assist the Chief Procurement Officer of the 

21 Department, as appropriate, in developing strategies 

22 and specific plans for hiring, training, and profes23 sional development to address any deficiency within 

24 the Department’s acquisition workforce. 


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1 ‘‘(7) Develop standardized certification stand2 ards in consultation with the Component Acquisition 

3 Executives for all acquisition program managers. 

4 ‘‘(8) Assess the results of major acquisition pro5 grams’ post-implementation reviews and identify op6 portunities to improve performance throughout the 

7 acquisition process. 

8 ‘‘(9) Provide technical support and assistance to 

9 Department acquisition programs and acquisition 

10 personnel and coordinate with the Chief Procurement 

11 Officer regarding workforce training and development 

12 activities. 

13 ‘‘(10) Assist, as appropriate, with the prepara14 tion of the Future Years Homeland Security Pro15 gram, and make such information available to the 

16 congressional homeland security committees. 

17 ‘‘(c) RESPONSIBILITIES OF COMPONENTS.—Each head 

18 of a component shall comply with Federal law, the Federal 

19 Acquisition Regulation, and Department acquisition man20 agement directives established by the Under Secretary for 

21 Management. For each major acquisition program, each 

22 head of a component shall— 

23 ‘‘(1) define baseline requirements and document 

24 changes to such requirements, as appropriate; 


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1 ‘‘(2) establish a complete life cycle cost estimate 

2 with supporting documentation that is consistent 

3 with cost estimating best practices as identified by the 

4 Comptroller General of the United States; 

5 ‘‘(3) verify each life cycle cost estimate against 

6 independent cost estimates or assessments, as appro7 priate, and reconcile any differences; 

8 ‘‘(4) complete a cost-benefit analysis with sup9 porting documentation; 

10 ‘‘(5) develop and maintain a schedule that is 

11 consistent with scheduling best practices as identified 

12 by the Comptroller General of the United States, in13 cluding, in appropriate cases, an integrated master 

14 schedule; and 

15 ‘‘(6) ensure that all acquisition program infor16 mation provided by the component is complete, accu17 rate, timely, and valid. 

18 ‘‘(d) DEFINITIONS.—In this section: 

19 ‘‘(1) ACQUISITION.—The term ‘acquisition’ has 

20 the meaning given such term in section 131 of title 

21 41, United States Code. 

22 ‘‘(2) ACQUISITION DECISION AUTHORITY.—The 

23 term ‘acquisition decision authority’ means the au24 thority, held by the Secretary acting through the DepVerDate Sep 11 2014 21:31 Aug 30, 2019 Jkt 089200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6203 E:\BILLS\H3413.RH H3413

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1 uty Secretary or Under Secretary for Management 

2 to— 

3 ‘‘(A) ensure compliance with Federal law, 

4 the Federal Acquisition Regulation, and Depart5 ment acquisition management directives; 

6 ‘‘(B) review (including approving, pausing, 

7 modifying, or canceling) an acquisition program 

8 through the life cycle of such program; 

9 ‘‘(C) ensure that acquisition program man10 agers have the resources necessary to successfully 

11 execute an approved acquisition program; 

12 ‘‘(D) ensure good acquisition program man13 agement of cost, schedule, risk, and system per14 formance of the acquisition program at issue, in15 cluding assessing acquisition program baseline 

16 breaches and directing any corrective action for 

17 such breaches; and 

18 ‘‘(E) ensure that acquisition program man19 agers, on an ongoing basis, monitor cost, sched20 ule, and performance against established base21 lines and use tools to assess risks to an acquisi22 tion program at all phases of the life cycle of 

23 such program to avoid and mitigate acquisition 

24 program baseline breaches. 


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1 ‘‘(3) ACQUISITION DECISION EVENT.—The term 

2 ‘acquisition decision event’, with respect to an acqui3 sition program, means a predetermined point within 

4 each of the acquisition phases at which the acquisi5 tion decision authority determines whether such ac6 quisition program shall proceed to the next acquisi7 tion phase. 

8 ‘‘(4) ACQUISITION PROGRAM.—The term ‘acquisi9 tion program’ means the process by which the Depart10 ment acquires, with any appropriated amounts or fee 

11 funding, by contract for purchase or lease, property 

12 or services (including construction) that support the 

13 missions and goals of the Department. 

14 ‘‘(5) ACQUISITION PROGRAM BASELINE.—The 

15 term ‘acquisition program baseline’, with respect to 

16 an acquisition program, means a summary of the 

17 cost, schedule, and performance parameters, expressed 

18 in standard, measurable, quantitative terms, which 

19 must be met in order to accomplish the goals of such 

20 program. 

21 ‘‘(6) BEST PRACTICES.—The term ‘best prac22 tices’, with respect to acquisition, means a knowledge23 based approach to capability development that in24 cludes the following: 

25 ‘‘(A) Identifying and validating needs. 


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1 ‘‘(B) Assessing alternatives to select the 

2 most appropriate solution. 

3 ‘‘(C) Clearly establishing well-defined re4 quirements. 

5 ‘‘(D) Developing realistic cost assessments 

6 and schedules. 

7 ‘‘(E) Securing stable funding that matches 

8 resources to requirements. 

9 ‘‘(F) Demonstrating technology, design, and 

10 manufacturing maturity. 

11 ‘‘(G) Using milestones and exit criteria or 

12 specific accomplishments that demonstrate 

13 progress. 

14 ‘‘(H) Adopting and executing standardized 

15 processes with known success across programs. 

16 ‘‘(I) Establishing an adequate workforce 

17 that is qualified and sufficient to perform nec18 essary functions. 

19 ‘‘(J) Integrating the capabilities described 

20 in subparagraphs (A) through (I) into the De21 partment’s mission and business operations. 

22 ‘‘(7) BREACH.—The term ‘breach’, with respect 

23 to a major acquisition program, means a failure to 

24 meet any cost, schedule, or performance threshold 


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1 specified in the most recently approved acquisition 

2 program baseline. 

3 ‘‘(8) CONGRESSIONAL HOMELAND SECURITY COM4 MITTEES.—The term ‘congressional homeland security 

5 committees’ means— 

6 ‘‘(A) the Committee on Homeland Security 

7 of the House of Representatives and the Com8 mittee on Homeland Security and Governmental 

9 Affairs of the Senate; and 

10 ‘‘(B) the Committee on Appropriations of 

11 the House of Representatives and the Committee 

12 on Appropriations of the Senate. 

13 ‘‘(9) COMPONENT ACQUISITION EXECUTIVE.—The 

14 term ‘Component Acquisition Executive’ means the 

15 senior acquisition official within a component who is 

16 designated in writing by the Under Secretary for 

17 Management, in consultation with the component 

18 head, with authority and responsibility for leading a 

19 process and staff to provide acquisition and program 

20 management oversight, policy, and guidance to ensure 

21 that statutory, regulatory, and higher level policy re22 quirements are fulfilled, including compliance with 

23 Federal law, the Federal Acquisition Regulation, and 

24 Department acquisition management directives estab25 lished by the Under Secretary for Management. 


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1 ‘‘(10) MAJOR ACQUISITION PROGRAM.—The term 

2 ‘major acquisition program’ means a Department ac3 quisition program that is estimated by the Secretary 

4 to require an eventual total expenditure of at least 

5 $300,000,000 (based on fiscal year 2019 constant dol6 lars) over its life cycle cost or a program identified 

7 by the Chief Acquisition Officer as a program of spe8 cial interest.’’. 

9 (b) CLERICAL AMENDMENT.—The table of contents in 

10 section 1(b) of the Homeland Security Act of 2002 is 

11 amended by inserting after the item relating to section 710 

12 the following new item: 

‘‘Sec. 711. Acquisition authorities for Program Accountability and Risk Management.’’. 


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Union Calendar No. 148 

116TH CONGRESS 

1ST SESSION H. R. 3413 

[Report No. 116–190] 

A BILL 

To amend the Homeland Security Act of 2002 to 

poses. ment of Homeland Security, and for other purUnder Secretary of Management of the Departprovide for certain acquisition authorities for the 

AUGUST 30, 2019 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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