I 
115TH CONGRESS 
1ST SESSION H. R. 1252 
To amend the Homeland Security Act of 2002 to provide for certain acquisi-
tion authorities for the Under Secretary of Management of the Depart-
ment of Homeland Security, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 28, 2017 
Mr. HIGGINS of Louisiana (for himself and Mr. MCCAUL) introduced the 
following bill; which was referred to the Committee on Homeland Security 
A BILL 
To amend the Homeland Security Act of 2002 to provide 
for certain acquisition authorities for the Under Sec-
retary of Management of the Department of Homeland 
Security, and for other purposes. 
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 Au-
thorities Act of 2017’’. 
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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) as subsection 
(e); and 
(2) by inserting after subsection (c) the fol-
lowing new subsection: 
‘‘(d) ACQUISITION
AND
RELATED
RESPONSIBIL-
ITIES.— 
‘‘(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 Of-
ficer, the Under Secretary shall have the authorities 
and perform the functions specified in section 
1702(b) of such title, and perform all other func-
tions 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: 
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‘‘(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 
Department achieves its mission through the 
adoption of widely accepted program manage-
ment best practices (as such term is defined in 
section 710) and standards. 
‘‘(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 ap-
prove, pause, modify (including the rescission of 
approvals of program milestones), or cancel 
major acquisition programs (as such term is de-
fined in section 710), unless the Under Sec-
retary 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 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-
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agers to effectively manage acquisition pro-
grams. 
‘‘(D) Ensuring that each major acquisition 
program has a Department-approved acquisi-
tion program baseline (as such term is defined 
in section 710), pursuant to the Department’s 
acquisition management policy. 
‘‘(E) Ensuring that the heads of compo-
nents and Component Acquisition Executives 
comply with Federal law, the Federal Acquisi-
tion 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 ac-
cess the Department’s information systems and 
technologies, adhere to relevant Department 
policies related to physical and information se-
curity as identified by the Under Secretary for 
Management. 
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‘‘(H) Overseeing the Component Acquisi-
tion Executive organizational structure to en-
sure Component Acquisition Executives have 
sufficient capabilities and comply with Depart-
ment acquisition policies. 
‘‘(3) DELEGATION
OF
ACQUISITION
DECISION 
AUTHORITY.— 
‘‘(A) LEVEL 3 ACQUISITIONS.—The Under 
Secretary for Management may delegate acqui-
sition decision authority in writing to the rel-
evant 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 acqui-
sition decision authority in writing to the rel-
evant 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 pos-
sesses working policies, processes, and pro-
cedures that are consistent with Depart-
ment-level acquisition policy. 
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‘‘(ii) The Component Acquisition Ex-
ecutive concerned has adequate, experi-
enced, and dedicated professional employ-
ees with program management training, as 
applicable, commensurate with the size of 
the acquisition programs and related ac-
tivities delegated to such Component Ac-
quisition Executive by the Under Secretary 
for Management. 
‘‘(iii) Each major acquisition program 
concerned 
has 
written 
documentation 
showing that it has a Department-ap-
proved 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 sub-
section shall diminish the authority granted to 
the Under Secretary for Science and Tech-
nology under this Act. The Under Secretary for 
Management and the Under Secretary for 
Science and Technology shall cooperate in mat-
ters related to the coordination of acquisitions 
across the Department so that investments of 
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the Directorate of Science and Technology are 
able to support current and future requirements 
of the components of the Department. 
‘‘(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 acqui-
sition programs— 
‘‘(I) complete operational testing 
and evaluation of technologies and 
systems; 
‘‘(II) use independent verification 
and validation of operational test and 
evaluation implementation and re-
sults; and 
‘‘(III) document whether such 
programs meet all performance re-
quirements included in their acquisi-
tion program baselines; 
‘‘(ii) ensure that such operational 
testing and evaluation includes all system 
components and incorporates operators 
into the testing to ensure that systems per-
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form as intended in the appropriate oper-
ational setting; and 
‘‘(iii) determine if testing conducted 
by other Federal agencies and private enti-
ties is relevant and sufficient in deter-
mining 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 Se-
curity Act of 2002 (6 U.S.C. 342(b)) is amended by add-
ing at the end the following new subparagraph: 
‘‘(J) Oversee the costs of acquisition pro-
grams and related activities to ensure that ac-
tual 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 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— 
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(1) by redesignating subsection (b) as sub-
section (c); and 
(2) by inserting after subsection (a) the fol-
lowing new subsection: 
‘‘(b) 
ACQUISITION
RESPONSIBILITIES.—Notwith-
standing section 11315 of title 40, United States Code, 
the acquisition responsibilities of the Chief Information 
Officer, in consultation with the Under Secretary for Man-
agement, 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 in-
formation technology management processes, tech-
nical requirements, and the Homeland Security En-
terprise Architecture, and in any case in which infor-
mation technology acquisitions do not comply with 
the Department’s management directives, make rec-
ommendations to the Acquisition Review Board re-
garding such noncompliance. 
‘‘(2) Be responsible for providing recommenda-
tions to the Acquisition Review Board regarding in-
formation technology programs, and be responsible 
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for developing information technology acquisition 
strategic guidance.’’. 
SEC. 5. ACQUISITION AUTHORITIES FOR PROGRAM AC-
COUNTABILITY 
AND 
RISK 
MANAGEMENT 
(PARM). 
(a) IN GENERAL.—Title VII of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 341 et seq.) is amended by 
adding at the end the following: 
‘‘§ 710. Acquisition authorities for Program Account-
ability and Risk Management 
‘‘(a) ESTABLISHMENT OF OFFICE.—Within the Man-
agement Directorate, there shall be a Program Account-
ability and Risk Management office to— 
‘‘(1) provide consistent accountability, stand-
ardization, 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
DIREC-
TOR.—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 Manage-
ment, and shall carry out the following responsibilities: 
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‘‘(1) Monitor regularly the performance of De-
partment acquisition programs between acquisition 
decision events to identify problems with cost, per-
formance, or schedule that components may need to 
address to prevent cost overruns, performance 
issues, or schedule delays. 
‘‘(2) Assist the Under Secretary for Manage-
ment in managing the Department’s acquisition pro-
grams and related activities. 
‘‘(3) Conduct oversight of individual acquisition 
programs to implement Department acquisition pro-
gram policy, procedures, and guidance with a pri-
ority 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 deci-
sion authority in making acquisition decisions con-
sistent with all applicable laws and in establishing 
clear lines of authority, accountability, and responsi-
bility for acquisition decisionmaking within the De-
partment. 
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‘‘(6) Engage in the strategic planning and per-
formance 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 Pro-
curement Officer in developing strategies and spe-
cific plans for hiring, training, and professional de-
velopment in order to rectify any deficiency within 
the Department’s acquisition workforce. 
‘‘(7) Develop standardized certification stand-
ards 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 Acquisi-
tion Executive, into the relevant acquisition program 
manager’s performance evaluation, and report posi-
tive or negative experiences to the relevant certifying 
authority. 
‘‘(9) Provide technical support and assistance 
to Department acquisitions and acquisition per-
sonnel in conjunction with the Chief Procurement 
Officer. 
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‘‘(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 acquisi-
tion management directives established by the Under Sec-
retary for Management. For each major acquisition pro-
gram, 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 acquisi-
tion program baseline; 
‘‘(3) verify each life cycle cost estimate against 
independent cost estimates, and reconcile any dif-
ferences; 
‘‘(4) complete a cost-benefit analysis with sup-
porting documentation; 
‘‘(5) develop and maintain a schedule that is 
consistent with scheduling best practices as identi-
fied by the Comptroller General of the United 
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States, including, in appropriate cases, an integrated 
master schedule; and 
‘‘(6) ensure that all acquisition program infor-
mation provided by the component is complete, accu-
rate, 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 au-
thority, held by the Secretary acting through the 
Deputy Secretary or Under Secretary for Manage-
ment to— 
‘‘(A) ensure compliance with Federal law, 
the Federal Acquisition Regulation, and De-
partment 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 man-
agers have the resources necessary to success-
fully execute an approved acquisition program; 
‘‘(D) ensure good acquisition program 
management of cost, schedule, risk, and system 
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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 man-
agers, on an ongoing basis, monitor cost, sched-
ule, and performance against established base-
lines and use tools to assess risks to an acquisi-
tion 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 acqui-
sition program, means a predetermined point within 
each of the acquisition phases at which the acquisi-
tion decision authority determines whether such ac-
quisition program shall proceed to the next acquisi-
tion phase. 
‘‘(4) ACQUISITION PROGRAM.—The term ‘acqui-
sition program’ means the process by which the De-
partment acquires, with any appropriated amounts, 
by contract for purchase or lease, property or serv-
ices (including construction) that support the mis-
sions and goals of the Department. 
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‘‘(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, ex-
pressed in standard, measurable, quantitative terms, 
which must be met in order to accomplish the goals 
of such program. 
‘‘(6) BEST PRACTICES.—The term ‘best prac-
tices’, with respect to acquisition, means a knowl-
edge-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 re-
quirements; 
‘‘(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; 
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‘‘(H) adopting and executing standardized 
processes with known success across programs; 
‘‘(I) establishing an adequate workforce 
that is qualified and sufficient to perform nec-
essary functions; and 
‘‘(J) integrating the capabilities described 
in subparagraphs (A) through (I) into the De-
partment’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 Com-
mittee on Homeland Security and Govern-
mental Affairs of the Senate; and 
‘‘(B) the Committee on Appropriations of 
the House of Representatives and of the Sen-
ate. 
‘‘(9) COMPONENT ACQUISITION EXECUTIVE.— 
The term ‘Component Acquisition Executive’ means 
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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 en-
sure that statutory, regulatory, and higher level pol-
icy requirements are fulfilled, including compliance 
with Federal law, the Federal Acquisition Regula-
tion, and Department acquisition management direc-
tives established by the Under Secretary for Man-
agement. 
‘‘(10) MAJOR
ACQUISITION
PROGRAM.—The 
term ‘major acquisition program’ means a Depart-
ment 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 Man-
agement.’’. 
Æ 
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