HR 4228 RFS 
onstrate progress; adopting and executing standard-
ized processes with known success across programs; 
establishing an adequate workforce that is qualified 
and sufficient to perform necessary functions; and 
integrating these capabilities into the Department’s 
mission and business operations. 
(c) AMENDMENTS TO DEFINITIONS IN HOMELAND 
SECURITY ACT OF 2002.—Section 2 of the Homeland Se-
curity Act of 2002 is amended— 
(1) by striking ‘‘In this Act,’’ and inserting ‘‘(a) 
IN GENERAL.—In this Act,’’; 
(2) in paragraph (2)— 
(A) by inserting ‘‘(A)’’ after ‘‘(2)’’; and 
(B) by adding at the end the following new 
subparagraph: 
‘‘(B) The term ‘congressional homeland security 
committees’ means— 
‘‘(i) 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 
‘‘(ii) the Committee on Appropriations of 
the House of Representatives and of the Sen-
ate, where appropriate.’’; and 
VerDate Mar 15 2010 
01:51 Jun 11, 2014
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H4228.RFS
H4228
dlhill on DSK7TPTVN1PROD with BILLS
HR 4228 RFS 
(3) by adding at the end the following new sub-
section: 
‘‘(b) ACQUISITION-RELATED DEFINITIONS.—In this 
Act, the following definitions apply: 
‘‘(1) ACQUISITION.—The term ‘acquisition’ has 
the meaning provided 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— 
‘‘(A) to ensure compliance with Federal 
law, the Federal Acquisition Regulation, and 
Department acquisition management directives; 
‘‘(B) to review (including approving, halt-
ing, modifying, or cancelling) an acquisition 
program through the life cycle of the program; 
‘‘(C) to ensure that program managers 
have the resources necessary to successfully 
execute an approved acquisition program; and 
‘‘(D) to ensure good program management 
of cost, schedule, risk, and system performance 
of the acquisition, including assessing acquisi-
VerDate Mar 15 2010 
01:51 Jun 11, 2014
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H4228.RFS
H4228
dlhill on DSK7TPTVN1PROD with BILLS
HR 4228 RFS 
tion program baseline breaches and directing 
any corrective action for such breaches. 
‘‘(3) ACQUISITION DECISION EVENT.—The term 
‘acquisition decision event’, with respect to an in-
vestment or acquisition program, means a predeter-
mined point within the acquisition phases of the in-
vestment or acquisition program at which the invest-
ment or acquisition program will undergo a review 
prior to commencement of the next phase. 
‘‘(4) ACQUISITION DECISION MEMORANDUM.— 
The term ‘acquisition decision memorandum’, with 
respect to an acquisition, means the official acquisi-
tion decision event record that includes a docu-
mented record of decisions, exit criteria, and as-
signed actions for the acquisition as determined by 
the person exercising acquisition decision authority 
for the acquisition. 
‘‘(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 the program. 
VerDate Mar 15 2010 
01:51 Jun 11, 2014
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H4228.RFS
H4228
dlhill on DSK7TPTVN1PROD with BILLS
HR 4228 RFS 
‘‘(6) CAPABILITY
DEVELOPMENT
PLAN.—The 
term ‘capability development plan’, with respect to a 
proposed acquisition, means the document that the 
Acquisition Review Board approves for the first ac-
quisition decision event related to validating the 
need of a proposed acquisition. 
‘‘(7) 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 Compo-
nent head, with authority and responsibility for lead-
ing a process and staff to provide acquisition and 
program management oversight, policy, and guid-
ance to ensure that statutory, regulatory, and higher 
level policy requirements are fulfilled, including com-
pliance with Federal law, the Federal Acquisition 
Regulation, and Department acquisition manage-
ment directives established by the Under Secretary 
for Management. 
‘‘(8) LIFE CYCLE COST.—The term ‘life cycle 
cost’, with respect to an acquisition program, means 
all costs associated with research, development, pro-
curement, operation, integrated logistics support, 
and disposal under the program, including sup-
VerDate Mar 15 2010 
01:51 Jun 11, 2014
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H4228.RFS
H4228
dlhill on DSK7TPTVN1PROD with BILLS
HR 4228 RFS 
porting infrastructure that plans, manages, and exe-
cutes the program over its full life, and costs of com-
mon support items incurred as a result of the pro-
gram. 
‘‘(9) MAJOR ACQUISITION PROGRAM.—The term 
‘major acquisition program’ means a Department 
acquisition program that is estimated by the Sec-
retary to require an eventual total expenditure of at 
least $300,000,000 (based on fiscal year 2014 con-
stant dollars) over its life cycle cost.’’. 
SEC. 5. PROHIBITION ON ADDITIONAL AUTHORIZATION OF 
APPROPRIATIONS. 
No additional funds are authorized to be appro-
priated to carry out this Act and the amendments made 
by this Act. This Act and such amendments shall be car-
ried out using amounts otherwise available for such pur-
poses. 
TITLE I—ACQUISITION 
AUTHORITIES 
SEC. 101. ACQUISITION AUTHORITIES FOR UNDER SEC-
RETARY FOR MANAGEMENT. 
Section 701 of the Homeland Security Act of 2002 
(6 U.S.C. 341) is amended— 
VerDate Mar 15 2010 
01:51 Jun 11, 2014
Jkt 039200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H4228.RFS
H4228
dlhill on DSK7TPTVN1PROD with BILLS
HR 4228 RFS 
(1) in subsection (a)(2), by striking ‘‘Procure-
ment’’ and inserting ‘‘Acquisition and procurement’’; 
and 
(2) by adding at the end the following: 
‘‘(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 authority 
and perform the functions as 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) DUTIES AND RESPONSIBILITIES.—In addi-
tion to the authority and functions specified in sec-
tion 1702(b) of title 41, United States Code, the du-
ties and responsibilities of the Under Secretary for 
Management related to acquisition include the fol-
lowing: 
‘‘(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 
VerDate Mar 15 2010 
01:51 Jun 11, 2014
Jkt 039200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H4228.RFS
H4228
dlhill on DSK7TPTVN1PROD with BILLS
HR 4228 RFS 
Department achieves its mission through the 
adoption of widely accepted program manage-
ment best practices and standards. 
‘‘(B) Exercising the acquisition decision 
authority to approve, halt, modify (including 
the rescission of approvals of program mile-
stones), or cancel major acquisition programs, 
unless the Under Secretary delegates the au-
thority to a Component Acquisition Executive 
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-
agers to effectively manage acquisition pro-
grams. 
‘‘(D) Ensuring that each major acquisition 
program has a Department-approved acquisi-
tion program baseline. 
‘‘(E) Ensuring that the heads of Compo-
nents and Component Acquisition Executives 
comply with Federal law, the Federal Acquisi-
VerDate Mar 15 2010 
01:51 Jun 11, 2014
Jkt 039200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H4228.RFS
H4228
dlhill on DSK7TPTVN1PROD with BILLS
HR 4228 RFS 
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 companies that ac-
cess the Department’s information systems and 
technologies, adhere to internal cybersecurity 
policies established by the Department of 
Homeland Security. 
‘‘(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 
VerDate Mar 15 2010 
01:51 Jun 11, 2014
Jkt 039200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H4228.RFS
H4228
dlhill on DSK7TPTVN1PROD with BILLS
HR 4228 RFS 
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. 
‘‘(ii) The Component Acquisition Ex-
ecutive has adequate, experienced, dedi-
cated program management professional 
staff commensurate with the size of the 
delegated portfolio. 
‘‘(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) EXCLUDED
PARTIES
LIST
SYSTEM
CON-
SULTATION.—The Under Secretary for Management 
shall require that all Department contracting and 
procurement officials consult the Excluded Parties 
List System (or successor system) as maintained by 
the General Services Administration prior to award-
VerDate Mar 15 2010 
01:51 Jun 11, 2014
Jkt 039200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H4228.RFS
H4228
dlhill on DSK7TPTVN1PROD with BILLS
HR 4228 RFS 
ing a contract or grant or entering into other trans-
actions to ascertain whether the selected contractor 
is excluded from receiving Federal contracts, certain 
subcontracts, and certain types of Federal financial 
and non-financial assistance and benefits. 
‘‘(5) RELATIONSHIP
TO
UNDER
SECRETARY 
FOR SCIENCE AND TECHNOLOGY.—Nothing in this 
subsection shall diminish the authority granted to 
the Under Secretary for Science and Technology 
under this Act. The Under Secretary for Manage-
ment and the Under Secretary for Science and 
Technology shall cooperate in matters related to the 
coordination of acquisitions across the Department 
so that investments of the Directorate of Science 
and Technology can support current and future re-
quirements of the Components.’’. 
SEC. 102. ACQUISITION AUTHORITIES FOR CHIEF FINAN-
CIAL OFFICER. 
Section 702 of the Homeland Security Act of 2002 
(6 U.S.C. 342) is amended by adding at the end of sub-
section (b)(2) the following new subparagraph: 
‘‘(J) Notwithstanding section 902 of title 
31, United States Code, provide leadership over 
financial management policy and programs for 
the Department as they relate to the Depart-
VerDate Mar 15 2010 
01:51 Jun 11, 2014
Jkt 039200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H4228.RFS
H4228
dlhill on DSK7TPTVN1PROD with BILLS
HR 4228 RFS 
ment’s acquisitions programs, in consultation 
with the Under Secretary for Management.’’. 
SEC. 103. ACQUISITION AUTHORITIES FOR CHIEF INFORMA-
TION OFFICER. 
Section 703 of the Homeland Security Act of 2002 
(6 U.S.C. 343) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(c) 
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) Serve as the lead technical authority for 
information technology programs and establish de-
partmental information technology priorities, poli-
cies, processes, standards, guidelines, and proce-
dures. 
‘‘(2) Oversee the management of the Homeland 
Security Enterprise Architecture and ensure that, 
before each acquisition decision event, approved in-
formation technology acquisitions comply with de-
partmental information technology management 
processes, technical requirements, and the Homeland 
Security Enterprise Architecture, and in any case in 
which information technology acquisitions do not 
VerDate Mar 15 2010 
01:51 Jun 11, 2014
Jkt 039200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H4228.RFS
H4228
dlhill on DSK7TPTVN1PROD with BILLS
HR 4228 RFS 
comply with Departmental management directives, 
make recommendations to the Acquisition Review 
Board regarding such noncompliance. 
‘‘(3) Be responsible for providing recommenda-
tions to the Acquisition Review Board established in 
section 836 of this Act on information technology 
programs, and be responsible for developing infor-
mation technology acquisition strategic guidance.’’. 
SEC. 104. CHIEF PROCUREMENT OFFICER. 
(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. 708. CHIEF PROCUREMENT OFFICER. 
‘‘(a) IN GENERAL.—There is a Chief Procurement 
Officer of the Department, who shall report directly to the 
Under Secretary for Management. The Chief Procurement 
Officer is the senior procurement executive for purposes 
of section 1702(c) of title 41, United States Code, and 
shall perform procurement functions as specified in such 
section. The Chief Procurement Officer also shall perform 
other functions and responsibilities set forth in this section 
and as may be assigned by the Under Secretary for Man-
agement. 
‘‘(b) RESPONSIBILITIES.—The Chief Procurement 
Officer shall— 
VerDate Mar 15 2010 
01:51 Jun 11, 2014
Jkt 039200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H4228.RFS
H4228
dlhill on DSK7TPTVN1PROD with BILLS
HR 4228 RFS 
‘‘(1) exercise leadership and authority to the ex-
tent delegated by the Under Secretary for Manage-
ment over the Department procurement function; 
‘‘(2) issue acquisition regulations and policies; 
‘‘(3) account for the integrity, performance, and 
oversight of Department procurement and con-
tracting functions and be responsible for ensuring 
that a procurement’s contracting strategy and plans 
are consistent with the intent and direction of the 
Acquisition Review Board established in section 836 
of this Act; 
‘‘(4) serve as the Department’s business advisor 
and main liaison to industry on procurement-related 
issues by providing advice on industry engagement, 
acquisition policy, oversight of the procurement 
function, and development of the acquisition work-
force; 
‘‘(5) oversee a centralized certification and 
training program, in consultation with the Under 
Secretary for Management, for the entire Depart-
ment acquisition workforce while using, to the great-
est extent practicable, best practices and acquisitions 
training opportunities already in existence within the 
Federal Government, the private sector, or univer-
sities and colleges, as appropriate, and including 
VerDate Mar 15 2010 
01:51 Jun 11, 2014
Jkt 039200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H4228.RFS
H4228
dlhill on DSK7TPTVN1PROD with BILLS
HR 4228 RFS 
training on how best to identify actions that warrant 
referrals for suspension or debarment; 
‘‘(6) delegate or retain contracting authority, as 
appropriate, except as provided in section 701(d)(3) 
of this Act; 
‘‘(7) participate in the selection, and periodic 
performance review, of the head of each contracting 
activity within the Department; 
‘‘(8) collect baseline data and establish perform-
ance measures on the impact of strategic sourcing 
initiatives on the private sector, including, in par-
ticular, small businesses; and 
‘‘(9) ensure that a fair proportion (as defined 
pursuant to the Small Business Act (15 U.S.C. 631 
et seq.)) of Federal contract and subcontract dollars 
are awarded to small businesses, maximize opportu-
nities for small business participation, and ensure, to 
the extent practicable, small businesses that achieve 
qualified vendor status for security-related tech-
nologies are provided an opportunity to compete for 
contracts for such technology.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 (6 
U.S.C. 101 et seq.) is amended by adding after the item 
relating to section 707 the following new item: 
‘‘Sec. 708. Chief Procurement Officer.’’. 
VerDate Mar 15 2010 
01:51 Jun 11, 2014
Jkt 039200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6211
E:\BILLS\H4228.RFS
H4228
dlhill on DSK7TPTVN1PROD with BILLS
HR 4228 RFS 
SEC. 105. REQUIREMENTS TO ENSURE GREATER ACCOUNT-
ABILITY FOR ACQUISITION PROGRAMS. 
(a) IN GENERAL.—Title VII of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 341 et seq.) is further amended 
by adding at the end the following new section: 
‘‘SEC. 709. REQUIREMENTS TO ENSURE GREATER AC-
COUNTABILITY 
FOR 
ACQUISITION 
PRO-
GRAMS. 
‘‘(a) REQUIREMENT TO ESTABLISH MECHANISM.— 
Within the Management Directorate, the Under Secretary 
for Management shall establish a mechanism to prioritize 
improving the accountability, standardization, and trans-
parency of major acquisition programs of the Department 
in order to increase opportunities for effectiveness and ef-
ficiencies and to serve as the central oversight function 
of all Department acquisition programs. 
‘‘(b) RESPONSIBILITIES
OF
EXECUTIVE
DIREC-
TOR.—The Under Secretary for Management shall des-
ignate an Executive Director to oversee the requirement 
under subsection (a). The Executive Director shall report 
directly to the Under Secretary and shall carry out the 
following responsibilities: 
‘‘(1) Monitor the performance of Department 
acquisition programs regularly between acquisition 
decision events to identify problems with cost, per-
formance, or schedule that Components may need to 
VerDate Mar 15 2010 
01:51 Jun 11, 2014
Jkt 039200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H4228.RFS
H4228
dlhill on DSK7TPTVN1PROD with BILLS
HR 4228 RFS 
address to prevent cost overruns, performance 
issues, or schedule delays. 
‘‘(2) Assist the Chief Acquisition Officer in 
managing the Department’s acquisition portfolio. 
‘‘(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 it collects and maintains 
from its Components is accurate and reliable. 
‘‘(4) Serve as the focal point within the Depart-
ment for policy, process, and procedure regarding 
life cycle cost estimating and analysis. 
‘‘(5) Serve as the focal point and coordinator 
for the acquisition life cycle review process and as 
the executive secretariat for the Acquisition Review 
Board established under section 836 of this Act. 
‘‘(6) 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. 
‘‘(7) Engage in the strategic planning and per-
formance evaluation process required under section 
306 of title 5, United States Code, and sections 
VerDate Mar 15 2010 
01:51 Jun 11, 2014
Jkt 039200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H4228.RFS
H4228
dlhill on DSK7TPTVN1PROD with BILLS
HR 4228 RFS 
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. 
‘‘(8) Oversee the Component Acquisition Execu-
tive structure to ensure it has sufficient capabilities 
and complies with Department policies. 
‘‘(9) Develop standardized certification stand-
ards in consultation with the Component Acquisition 
Executives for all acquisition program managers. 
‘‘(10) In the event that a program manager’s 
certification or actions need review for purposes of 
promotion or removal, provide input, in consultation 
with the relevant Component Acquisition Executive, 
into the relevant program manager’s performance 
evaluation, and report positive or negative experi-
ences to the relevant certifying authority. 
‘‘(11) Provide technical support and assistance 
to Department acquisitions and acquisition per-
sonnel in conjunction with the Chief Procurement 
Officer. 
‘‘(12) Prepare the Department’s Comprehensive 
Acquisition Status Report, as required by the De-
VerDate Mar 15 2010 
01:51 Jun 11, 2014
Jkt 039200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H4228.RFS
H4228
dlhill on DSK7TPTVN1PROD with BILLS