I 
116TH CONGRESS 
1ST SESSION H. R. 3413 
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 
JUNE 21, 2019 
Mr. CRENSHAW 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 Re-
form Act of 2019’’. 
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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), the first sub-
section (e) (relating to the system for award man-
agement consultation), and the second subsection (e) 
(relating to the definition of interoperable commu-
nications) as subsections (e), (f), and (g), respec-
tively; 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 Of-
ficer, the Under Secretary shall have the authorities 
and perform the functions specified in such section 
1702(b), and perform all other functions and re-
sponsibilities delegated by the Secretary or described 
in this subsection. 
‘‘(2) FUNCTIONS
AND
RESPONSIBILITIES.—In 
addition to the authorities and functions specified in 
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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 
Department achieves its mission through the 
adoption of widely accepted program manage-
ment best practices (as such term is defined in 
section 711) and standards and, where appro-
priate, acquisition innovation best practices. 
‘‘(B) Leading the Department’s acquisition 
oversight body, the Acquisition Review Board. 
‘‘(C) Exercising the acquisition decision 
authority (as such term is defined in section 
711) to approve, pause, modify (including the 
rescission of approvals of program milestones), 
or cancel major acquisition programs (as such 
term is defined in section 711), unless the 
Under Secretary delegates such authority to a 
Component Acquisition Executive (as such term 
is defined in section 711) pursuant to para-
graph (3). 
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‘‘(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 pro-
grams (as such term is defined in section 711). 
‘‘(E) Ensuring that each major acquisition 
program has a Department-approved acquisi-
tion program baseline (as such term is defined 
in section 711), pursuant to the Department’s 
acquisition management policy. 
‘‘(F) Assisting the heads of components 
and Component Acquisition Executives in ef-
forts to comply with Federal law, the Federal 
Acquisition Regulation, and Department acqui-
sition management directives. 
‘‘(G) Ensuring that grants and financial 
assistance are provided only to individuals and 
organizations that are not suspended or 
debarred. 
‘‘(H) Distributing guidance throughout the 
Department to ensure that contractors involved 
in acquisitions, particularly contractors that ac-
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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. 
‘‘(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 
DECISION AUTHORITY.— 
‘‘(A) LEVEL 3 ACQUISITIONS.—The Under 
Secretary for Management may delegate acqui-
sition 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 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 but not more 
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than $1,000,000,000 if all of the following re-
quirements are met: 
‘‘(i) The component concerned pos-
sesses working policies, processes, and pro-
cedures that are consistent with Depart-
ment-level acquisition policy. 
‘‘(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. 
‘‘(C) LEVEL 1 ACQUISITIONS.—The Under 
Secretary for Management may delegate acqui-
sition decision authority in writing to the rel-
evant Component Acquisition Executive for a 
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Level 1 major acquisition program that has a 
life 
cycle 
cost 
estimate 
of 
more 
than 
$1,000,000,000 if all of the following require-
ments 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 pro-
cedures that are consistent with Depart-
ment-level acquisition policy. 
‘‘(iii) 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. 
‘‘(iv) Each Level 1 major acquisition 
program concerned has written documenta-
tion showing that it has a Department-ap-
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proved acquisition program baseline and it 
is meeting agreed-upon cost, schedule, and 
performance thresholds. 
‘‘(v) The Under Secretary for Man-
agement provides written notification to 
the appropriate congressional committees 
of the decision to delegate the authority to 
the relevant Component Acquisition Execu-
tive. 
‘‘(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 
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— 
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‘‘(i) ensure, in coordination with rel-
evant component heads, that major acqui-
sition programs— 
‘‘(I) complete operational testing 
and evaluation of technologies and 
systems to be acquired or developed 
by major acquisition programs to as-
sess operational effectiveness, suit-
ability, and cybersecurity; 
‘‘(II) use independent verification 
and validation of operational test and 
evaluation implementation and re-
sults, as appropriate; 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-
form as intended in the appropriate oper-
ational setting; and 
‘‘(iii) determine if testing conducted 
by other Federal departments and agencies 
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and private entities is relevant and suffi-
cient in determining whether systems per-
form as intended in the operational set-
ting.’’. 
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— 
(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 es-
timates and are affordable, or can be ade-
quately funded, over the life cycle of such pro-
grams 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.—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 fol-
lowing: 
‘‘(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 informa-
tion technology acquisitions comply with any depart-
mental information technology management require-
ments, security protocols, and the Homeland Secu-
rity Enterprise Architecture, and in any case in 
which information technology acquisitions do not 
comply with the Department’s management direc-
tives, making recommendations to the Department’s 
Acquisition Review Board regarding such noncompli-
ance. 
‘‘(2) Providing recommendations to the Acquisi-
tion Review Board regarding information technology 
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programs, and developing information technology ac-
quisition 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 new section: 
‘‘SEC. 711. ACQUISITION AUTHORITIES FOR PROGRAM AC-
COUNTABILITY 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; 
‘‘(2) serve as the central oversight function for 
all Department major acquisition programs; and 
‘‘(3) provide review and analysis of Department 
acquisition programs, as appropriate. 
‘‘(b) RESPONSIBILITIES
OF
EXECUTIVE
DIREC-
TOR.—The Program Accountability and Risk Management 
office shall be led by an Executive Director to oversee the 
requirements specified in subsection (a). The Executive 
Director shall report directly to the Under Secretary for 
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Management, and shall carry out the following responsibil-
ities: 
‘‘(1) Monitor regularly the performance of De-
partment major acquisition programs between acqui-
sition 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 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 Department’s Ac-
quisition 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-
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bility for acquisition decisionmaking within the De-
partment. 
‘‘(6) Assist the Chief Procurement Officer of 
the Department, as appropriate, in developing strat-
egies and specific plans for hiring, training, and pro-
fessional development to address any deficiency with-
in the Department’s acquisition workforce. 
‘‘(7) Develop standardized certification stand-
ards in consultation with the Component Acquisition 
Executives for all acquisition program managers. 
‘‘(8) Assess the results of major acquisition pro-
grams’ post-implementation reviews and identify op-
portunities to improve performance throughout the 
acquisition process. 
‘‘(9) Provide technical support and assistance 
to Department acquisition programs and acquisition 
personnel and coordinate with the Chief Procure-
ment Officer regarding workforce training and devel-
opment activities. 
‘‘(10) Assist, as appropriate, with the prepara-
tion of the Future Years Homeland Security Pro-
gram, and make such information available to the 
congressional homeland security committees. 
‘‘(c) RESPONSIBILITIES
OF
COMPONENTS.—Each 
head of a component shall comply with Federal law, the 
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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 that is consistent 
with cost estimating best practices as identified by 
the Comptroller General of the United States; 
‘‘(3) verify each life cycle cost estimate against 
independent cost estimates or assessments, as appro-
priate, and reconcile any differences; 
‘‘(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 
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: 
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‘‘(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 
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-
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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 
or fee funding, 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, ex-
pressed in standard, measurable, quantitative terms, 
which must be met in order to accomplish the goals 
of such program. 
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‘‘(6) BEST PRACTICES.—The term ‘best prac-
tices’, with respect to acquisition, means a knowl-
edge-based approach to capability development that 
includes the following: 
‘‘(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. 
‘‘(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. 
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‘‘(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 the Com-
mittee on Appropriations 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 
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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 2019 
constant dollars) over its life cycle cost or a program 
identified by the Chief Acquisition Officer as a pro-
gram of special interest.’’. 
(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 authorities for Program Accountability and Risk Man-
agement.’’. 
Æ 
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