Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘DHS Acquisition Re-
form Act of 2019’’. 
SEC. 2. ACQUISITION AUTHORITIES FOR UNDER SEC-
RETARY FOR MANAGEMENT OF THE DEPART-
MENT OF HOMELAND SECURITY. 
Section 701 of the Homeland Security Act of 2002 (6 
U.S.C. 341) is amended by— 
(1) redesignating subsection (d), the first sub-
section (e) (relating to the system for award manage-
ment consultation), and the second subsection (e) (re-
lating to the definition of interoperable communica-
tions) as subsections (e), (f), and (g), respectively; and 
(2) inserting after subsection (c) the following 
new subsection: 
‘‘(d) ACQUISITION
AND
RELATED
RESPONSIBIL-
ITIES.— 
‘‘(1) IN
GENERAL.—Notwithstanding section 
1702(a) of title 41, United States Code, the Under 
Secretary for Management is the Chief Acquisition 
Officer of the Department. As Chief Acquisition Offi-
cer, the Under Secretary shall have the authorities 
and perform the functions specified in such section 
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1702(b), and perform all other functions and respon-
sibilities 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 711) include the following: 
‘‘(A) Advising the Secretary regarding ac-
quisition management activities, taking into ac-
count risks of failure to achieve cost, schedule, or 
performance parameters, to ensure that the De-
partment achieves its mission through the adop-
tion of widely accepted program management 
best practices (as such term is defined in section 
711) and standards and, where appropriate, ac-
quisition innovation best practices. 
‘‘(B) Leading the Department’s acquisition 
oversight body, the Acquisition Review Board. 
‘‘(C) Exercising the acquisition decision au-
thority (as such term is defined in section 711) 
to approve, pause, modify (including the rescis-
sion of approvals of program milestones), or can-
cel major acquisition programs (as such term is 
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defined in section 711), unless the Under Sec-
retary delegates such authority to a Component 
Acquisition Executive (as such term is defined in 
section 711) pursuant to paragraph (3). 
‘‘(D) Establishing policies for acquisition 
that implement an approach that takes into ac-
count 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 man-
agers to effectively manage acquisition programs 
(as such term is defined in section 711). 
‘‘(E) Ensuring that each major acquisition 
program has a Department-approved acquisition 
program baseline (as such term is defined in sec-
tion 711), pursuant to the Department’s acquisi-
tion management policy. 
‘‘(F) Assisting the heads of components and 
Component Acquisition Executives in efforts to 
comply with Federal law, the Federal Acquisi-
tion Regulation, and Department acquisition 
management directives. 
‘‘(G) Ensuring that grants and financial 
assistance are provided only to individuals and 
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organizations 
that 
are 
not 
suspended 
or 
debarred. 
‘‘(H) Distributing guidance throughout the 
Department to ensure that contractors involved 
in acquisitions, particularly contractors that ac-
cess the Department’s information systems and 
technologies, adhere to relevant Department poli-
cies related to physical and information security 
as identified by the Under Secretary for Manage-
ment. 
‘‘(I) Overseeing the Component Acquisition 
Executive organizational structure to ensure 
Component Acquisition Executives have suffi-
cient capabilities and comply with Department 
acquisition policies. 
‘‘(3) DELEGATION OF CERTAIN ACQUISITION DE-
CISION AUTHORITY.— 
‘‘(A) LEVEL 3 ACQUISITIONS.—The Under 
Secretary for Management may delegate acquisi-
tion decision authority to the relevant Compo-
nent 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 acquisi-
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tion decision authority in writing to the relevant 
Component Acquisition Executive for a major 
acquisition program that has a life cycle cost es-
timate of at least $300,000 but not more than 
$1,000,000,000 if all of the following require-
ments are met: 
‘‘(i) The component concerned possesses 
working policies, processes, and procedures 
that are consistent with Department-level 
acquisition policy. 
‘‘(ii) The Component Acquisition Exec-
utive concerned has adequate, experienced, 
and dedicated professional employees with 
program management training, as applica-
ble, commensurate with the size of the ac-
quisition programs and related activities 
delegated to such Component Acquisition 
Executive by the Under Secretary for Man-
agement. 
‘‘(iii) Each major acquisition program 
concerned has written documentation show-
ing that it has a Department-approved ac-
quisition program baseline and it is meet-
ing agreed-upon cost, schedule, and per-
formance thresholds. 
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‘‘(C) LEVEL 1 ACQUISITIONS.—The Under 
Secretary for Management may delegate acquisi-
tion decision authority in writing to the relevant 
Component Acquisition Executive for a Level 1 
major acquisition program that has a life cycle 
cost estimate of more than $1,000,000,000 if all 
of the following requirements are met: 
‘‘(i) The Undersecretary for Manage-
ment conducts a risk assessment of the 
planned acquisition and determines that it 
is appropriate to delegate authority for such 
major acquisition program. 
‘‘(ii) The component concerned pos-
sesses working policies, processes, and proce-
dures that are consistent with Department- 
level acquisition policy. 
‘‘(iii) The Component Acquisition Ex-
ecutive concerned has adequate, experienced, 
and dedicated professional employees with 
program management training, as applica-
ble, commensurate with the size of the ac-
quisition programs and related activities 
delegated to such Component Acquisition 
Executive by the Under Secretary for Man-
agement. 
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‘‘(iv) Each Level 1 major acquisition 
program concerned has written documenta-
tion showing that it has a Department-ap-
proved acquisition program baseline and it 
is meeting agreed-upon cost, schedule, and 
performance thresholds. 
‘‘(v) The Under Secretary for Manage-
ment provides written notification to the 
appropriate congressional committees of the 
decision to delegate the authority to the rel-
evant Component Acquisition Executive. 
‘‘(4) RELATIONSHIP TO UNDER SECRETARY FOR 
SCIENCE AND TECHNOLOGY.— 
‘‘(A) IN
GENERAL.—Nothing in this sub-
section shall diminish the authority granted to 
the Under Secretary for Science and Technology 
under this Act. The Under Secretary for Man-
agement and the Under Secretary for Science 
and Technology shall cooperate in matters re-
lated to the coordination of acquisitions across 
the Department so that investments of the Direc-
torate of Science and Technology are able to sup-
port current and future requirements of the com-
ponents of the Department. 
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‘‘(B) OPERATIONAL TESTING AND EVALUA-
TION.—The Under Secretary for Science and 
Technology shall— 
‘‘(i) ensure, in coordination with rel-
evant component heads, that major acquisi-
tion programs— 
‘‘(I) complete operational testing 
and evaluation of technologies and sys-
tems to be acquired or developed by 
major acquisition programs to assess 
operational effectiveness, suitability, 
and cybersecurity; 
‘‘(II) use independent verification 
and validation of operational test and 
evaluation implementation and results, 
as appropriate; and 
‘‘(III) document whether such pro-
grams meet all performance require-
ments included in their acquisition 
program baselines; 
‘‘(ii) ensure that such operational test-
ing and evaluation includes all system com-
ponents and incorporates operators into the 
testing to ensure that systems perform as 
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intended in the appropriate operational set-
ting; and 
‘‘(iii) determine if testing conducted by 
other Federal departments and agencies and 
private entities is relevant and sufficient in 
determining whether systems perform as in-
tended in the operational setting.’’. 
SEC. 3. ACQUISITION AUTHORITIES FOR CHIEF FINANCIAL 
OFFICER OF THE DEPARTMENT OF HOME-
LAND SECURITY. 
Paragraph (2) of section 702(b) of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 342(b)) is amended by— 
(1) redesignating subparagraph (I) as subpara-
graph (J); and 
(2) inserting after subparagraph (H) the fol-
lowing new subparagraph: 
‘‘(I) Oversee the costs of acquisition pro-
grams (as such term is defined in section 711) 
and related activities to ensure that actual and 
planned costs are in accordance with budget esti-
mates and are affordable, or can be adequately 
funded, over the life cycle of such programs and 
activities.’’. 
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SEC. 4. ACQUISITION AUTHORITIES FOR CHIEF INFORMA-
TION 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.—In addition to 
the responsibilities specified in 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) Overseeing the management of the Home-
land Security Enterprise Architecture and ensuring 
that, before each acquisition decision event (as such 
term is defined in section 711), approved information 
technology acquisitions comply with any depart-
mental information technology management require-
ments, security protocols, and the Homeland Security 
Enterprise Architecture, and in any case in which in-
formation technology acquisitions do not comply with 
the Department’s management directives, making rec-
ommendations to the Department’s Acquisition Re-
view Board regarding such noncompliance. 
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‘‘(2) Providing recommendations to the Acquisi-
tion Review Board regarding information technology 
programs, and developing information technology ac-
quisition strategic guidance.’’. 
SEC. 5. ACQUISITION AUTHORITIES FOR UNDER SEC-
RETARY OF STRATEGY, POLICY, AND PLANS. 
Subsection (c) of section 709 of the Homeland Security 
Act of 2002 (6 U.S.C. 349) is amended by— 
(1) redesignating paragraphs (4) through (7) as 
(5) through (8), respectively; and 
(2) inserting after paragraph (3) the following 
new paragraph: 
‘‘(4) ensure acquisition programs (as such term 
is defined in section 711) support the DHS Quadren-
nial Homeland Security Review Report, the DHS 
Strategic Plan, the DHS Strategic Priorities, and 
other appropriate successor documents;’’. 
SEC. 6. ACQUISITION AUTHORITIES FOR PROGRAM AC-
COUNTABILITY 
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 new section: 
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