[House Report 115-47]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-47
======================================================================
DHS ACQUISITION AUTHORITIES ACT OF 2017
_______
March 20, 2017.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. McCaul, from the Committee on Homeland Security, submitted the
following
R E P O R T
[To accompany H.R. 1252]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 1252) 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, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 6
Background and Need for Legislation.............................. 6
Hearings......................................................... 6
Committee Consideration.......................................... 7
Committee Votes.................................................. 7
Committee Oversight Findings..................................... 7
New Budget Authority, Entitlement Authority, and Tax Expenditures 7
Congressional Budget Office Estimate............................. 8
Statement of General Performance Goals and Objectives............ 8
Duplicative Federal Programs..................................... 8
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 8
Federal Mandates Statement....................................... 8
Preemption Clarification......................................... 8
Disclosure of Directed Rule Makings.............................. 8
Advisory Committee Statement..................................... 9
Applicability to Legislative Branch.............................. 9
Section-by-Section Analysis of the Legislation................... 9
Changes in Existing Law Made by the Bill, as Reported............ 10
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``DHS Acquisition Authorities Act of
2017''.
SEC. 2. ACQUISITION AUTHORITIES FOR UNDER SECRETARY FOR MANAGEMENT OF
THE DEPARTMENT OF HOMELAND SECURITY.
Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is
amended by--
(1) redesignating subsections (d) and (e) as subsections (e)
and (f); and
(2) inserting after subsection (c) the following new
subsection:
``(d) Acquisition and Related Responsibilities.--
``(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 Officer, the Under Secretary shall have the
authorities and perform the functions specified in section
1702(b) of such title, and perform all other functions 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:
``(A) Advising the Secretary regarding acquisition
management activities, taking into account 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
management best practices (as such term is defined in
section 710) and standards and, where appropriate,
acquisition innovation best practices.
``(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 approve, pause, modify (including
the rescission of approvals of program milestones), or
cancel major acquisition programs (as such term is
defined in section 710), unless the Under Secretary
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 account 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 managers to effectively manage acquisition
programs.
``(D) Ensuring that each major acquisition program
has a Department-approved acquisition program baseline
(as such term is defined in section 710), pursuant to
the Department's acquisition management policy.
``(E) Ensuring that the heads of components and
Component Acquisition Executives comply with Federal
law, the Federal Acquisition 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 access the Department's
information systems and technologies, adhere to
relevant Department policies related to physical and
information security as identified by the Under
Secretary for Management.
``(H) Overseeing the Component Acquisition Executive
organizational structure to ensure Component
Acquisition Executives have sufficient capabilities and
comply with Department acquisition policies.
``(3) Delegation of acquisition decision authority.--
``(A) Level 3 acquisitions.--The Under Secretary for
Management may delegate acquisition decision authority
in writing to the relevant 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 acquisition decision authority
in writing to the relevant 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 possesses
working policies, processes, and procedures
that are consistent with Department-level
acquisition policy.
``(ii) The Component Acquisition Executive
concerned has adequate, experienced, and
dedicated professional employees with program
management training, as applicable,
commensurate with the size of the acquisition
programs and related activities delegated to
such Component Acquisition Executive by the
Under Secretary for Management.
``(iii) Each major acquisition program
concerned has written documentation showing
that it has a Department-approved 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 subsection shall
diminish the authority granted to the Under Secretary
for Science and Technology under this Act. The Under
Secretary for Management 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 are able to support current and
future requirements of the components of the
Department.
``(B) Operational testing and evaluation.--The Under
Secretary for Science and Technology shall--
``(i) ensure, in coordination with relevant
component heads, that major acquisition
programs--
``(I) complete operational testing
and evaluation of technologies and
systems;
``(II) use independent verification
and validation of operational test and
evaluation implementation and results;
and
``(III) document whether such
programs meet all performance
requirements included in their
acquisition program baselines;
``(ii) ensure that such operational testing
and evaluation includes all system components
and incorporates operators into the testing to
ensure that systems perform as intended in the
appropriate operational setting; and
``(iii) determine if testing conducted by
other Federal agencies and private entities is
relevant and sufficient in determining whether
systems perform as intended in the operational
setting.''.
SEC. 3. ACQUISITION AUTHORITIES FOR CHIEF FINANCIAL OFFICER OF THE
DEPARTMENT OF HOMELAND SECURITY.
Paragraph (2) of section 702(b) of the Homeland Security Act of 2002
(6 U.S.C. 342(b)) is amended by adding at the end the following new
subparagraph:
``(J) Oversee the costs of acquisition programs and
related activities to ensure that actual 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 INFORMATION 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.--Notwithstanding 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) 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 information technology management processes,
technical requirements, and the Homeland Security Enterprise
Architecture, and in any case in which information technology
acquisitions do not comply with the Department's management
directives, make recommendations to the Acquisition Review
Board regarding such noncompliance.
``(2) Be responsible for providing recommendations to the
Acquisition Review Board regarding information technology
programs, and be responsible for developing information
technology acquisition strategic guidance.''.
SEC. 5. ACQUISITION AUTHORITIES FOR PROGRAM ACCOUNTABILITY 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:
``SEC. 710. ACQUISITION AUTHORITIES FOR PROGRAM ACCOUNTABILITY AND RISK
MANAGEMENT.
``(a) Establishment of Office.--Within the Management Directorate,
there shall be a Program Accountability and Risk Management office to--
``(1) provide consistent accountability, standardization, 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 Director.--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 Management,
and shall carry out the following responsibilities:
``(1) Monitor regularly the performance of Department
acquisition programs between acquisition 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 Management in managing
the Department's acquisition programs and related activities.
``(3) Conduct oversight of individual acquisition programs to
implement Department acquisition program policy, procedures,
and guidance with a priority 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 decision
authority in making acquisition decisions consistent with all
applicable laws and in establishing clear lines of authority,
accountability, and responsibility for acquisition
decisionmaking within the Department.
``(6) Engage in the strategic planning and performance
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
Procurement Officer in developing strategies and specific plans
for hiring, training, and professional development in order to
rectify any deficiency within the Department's acquisition
workforce.
``(7) Develop standardized certification standards 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 Acquisition Executive, into the relevant acquisition
program manager's performance evaluation, and report positive
or negative experiences to the relevant certifying authority.
``(9) Provide technical support and assistance to Department
acquisitions and acquisition personnel in conjunction with the
Chief Procurement Officer.
``(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 acquisition management directives established by the Under
Secretary for Management. For each major acquisition program, 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 acquisition program
baseline;
``(3) verify each life cycle cost estimate against
independent cost estimates, and reconcile any differences;
``(4) complete a cost-benefit analysis with supporting
documentation;
``(5) develop and maintain a schedule that is consistent with
scheduling best practices as identified by the Comptroller
General of the United States, including, in appropriate cases,
an integrated master schedule; and
``(6) ensure that all acquisition program information
provided by the component is complete, accurate, 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 authority, held by the Secretary
acting through the Deputy Secretary or Under Secretary for
Management to--
``(A) ensure compliance with Federal law, the Federal
Acquisition Regulation, and Department 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 managers have
the resources necessary to successfully 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 managers, on an
ongoing basis, monitor cost, schedule, and performance
against established baselines and use tools to assess
risks to an acquisition 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 acquisition program, means
a predetermined point within each of the acquisition phases at
which the acquisition decision authority determines whether
such acquisition program shall proceed to the next acquisition
phase.
``(4) Acquisition program.--The term `acquisition program'
means the process by which the Department acquires, with any
appropriated amounts, 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, expressed in standard, measurable, quantitative
terms, which must be met in order to accomplish the goals of
such program.
``(6) Best practices.--The term `best practices', with
respect to acquisition, means a knowledge-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 requirements;
``(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 necessary
functions; and
``(J) integrating the capabilities described in
subparagraphs (A) through (I) into the Department'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 Committee on Homeland
Security and Governmental Affairs of the Senate; and
``(B) the Committee on Appropriations of the House of
Representatives and 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 management
oversight, policy, and guidance to ensure that statutory,
regulatory, and higher level policy requirements are fulfilled,
including compliance with Federal law, the Federal Acquisition
Regulation, and Department acquisition management directives
established by the Under Secretary for Management.
``(10) Major acquisition program.--The term `major
acquisition program' means a Department 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
Management.''.
Purpose and Summary
The purpose of H.R. 1252 is 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.
H.R. 1252 establishes the Undersecretary for Management
(USM) as the Department's Chief Acquisition Officer responsible
for approving, pausing, modifying, or canceling major
acquisition programs, as needed. The bill authorizes the USM to
lead the Department's acquisition oversight body, the
Acquisition Review Board, which oversees major acquisition
programs, as well as establish acquisition policies to which
all Department components shall comply.
Background and Need for Legislation
The Government Accountability Office (GAO) and the DHS
Office of Inspector General (OIG) have consistently reported on
the longstanding challenges DHS faces in managing its major
acquisition programs, which cost the Department over $7 billion
each year. Every 2 years, GAO identifies areas in the Federal
Government that are ``high risk'' due to their vulnerabilities
to fraud, waste, abuse, and mismanagement. Since 2003, GAO has
identified DHS's transformation of 22 agencies into one
department, and the Department's subsequent challenges with its
management functions, as high risk. In GAO's 2017 high risk
update, GAO noted that DHS has made progress in addressing its
management challenges, but has not yet completed all the
necessary actions to fully address acquisition management.
Additionally, the OIG reports annually on major management
challenges facing the Department. In November 2016, the OIG
identified challenges in DHS's management of acquisition
programs. Although DHS has taken steps to improve acquisition
management, DHS struggles to ensure that major acquisition
programs cost what was originally estimated, are delivered on
schedule, and provide the capabilities originally intended.
H.R. 1252 clarifies responsibilities for acquisition management
activities in the Department that will improve accountability
when major acquisition programs do not perform as well as
intended.
Hearings
No hearings were specifically held on H.R. 1252. However,
the Committee held oversight hearings on acquisition
management, as listed below.
On February 26, 2015, the Subcommittee on Oversight and
Management Efficiency held a hearing entitled ``Assessing DHS's
Performance: Watchdog Recommendations to Improve Homeland
Security.'' The Subcommittee received testimony from The
Honorable John Roth, Inspector General, U.S. Department of
Homeland Security; Ms. Rebecca Gambler, Director, Homeland
Security and Justice, U.S. Government Accountability Office;
and Dr. Daniel M. Gerstein, Senior Policy Researcher, The RAND
Corporation.
On April 22, 2015, the Subcommittee on Oversight and
Management Efficiency held a hearing entitled ``Acquisition
Oversight: How Effectively is DHS Safeguarding Taxpayer
Dollars?'' The Subcommittee received testimony from Ms. Michele
Mackin, Director, Acquisition and Sourcing Management, U.S.
Government Accountability Office; The Honorable Chip Fulghum,
Acting Deputy Undersecretary for Management and Chief Financial
Officer, U.S. Department of Homeland Security; and Dr. Cedric
Sims, Partner, Evermay Consulting Group.
On September 18, 2015, the Subcommittee on Oversight and
Management Efficiency held a hearing entitled ``Making DHS More
Efficient: Industry Recommendations to Improve Homeland
Security.'' The Subcommittee received testimony from Mr. Marc
Pearl, President and Chief Executive Officer, Homeland Security
and Defense Business Council; Mr. Harry Totonis, Board
Director, Business Executives for National Security; and Ms.
Elaine Duke, Principal, Elaine Duke & Associates, LLC.
On February 16, 2017, the Subcommittee on Oversight and
Management Efficiency held a hearing entitled ``Watchdog
Recommendations: A Better Way Ahead to Manage the Department of
Homeland Security.'' The Subcommittee received testimony from
The Honorable John Roth, Inspector General, U.S. Department of
Homeland Security, and Ms. Rebecca Gambler, Director, Homeland
Security and Justice, U.S. Government Accountability Office.
Committee Consideration
The Committee met on March 8, 2017, to consider H.R. 1252,
and ordered the measure to be reported to the House with a
favorable recommendation, as amended, by voice vote. The
Committee took the following actions:
The following amendment was offered:
An amendment by Mr. Correa (#1); was AGREED TO by voice vote.
Page 3, line 8, insert before the period at the end the following:
``and, where appropriate, acquisition innovation best practices''.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
No recorded votes were requested during consideration of
H.R. 1252.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
1252, the DHS Acquisition Authorities Act of 2017, would result
in no new or increased budget authority, entitlement authority,
or tax expenditures or revenues.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, a cost estimate provided by the
Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974 was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, H.R. 1252 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
The purpose of H.R. 1252, the DHS Acquisition Authorities
Act of 2017, is to codify certain acquisition management
responsibilities for the Under Secretary for Management in law.
Duplicative Federal Programs
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 1252 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
Federal Mandates Statement
An estimate of Federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Preemption Clarification
In compliance with section 423 of the Congressional Budget
Act of 1974, requiring the report of any Committee on a bill or
joint resolution to include a statement on the extent to which
the bill or joint resolution is intended to preempt State,
local, or Tribal law, the Committee finds that H.R. 1252 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 1252 would require no
directed rule makings.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short Title.
This section provides that this bill may be cited as the
``DHS Acquisition Authorities Act of 2017''.
Sec. 2. Acquisition Authorities for Under Secretary for Management of
the Department of Homeland Security.
Section 2 amends section 701 of the Homeland Security Act
of 2002 (Pub. L. 107-296) and codifies existing authorities for
the Under Secretary for Management (USM) related to acquisition
management. Specifically, this section authorizes the USM to
exercise the Acquisition Decision Authority to approve, pause,
modify, or cancel major acquisition programs. It also includes
a requirement that each major acquisition program have
documentation showing it has an approved Acquisition Program
Baseline (APB) and is meeting agreed-upon cost, schedule, and
performance requirements. This must occur before the USM can
delegate Acquisition Decision Authority to the relevant
Component Acquisition Executive (CAE). This section also
requires that the USM ensure that component heads comply with
Federal law, Federal Acquisition Regulation (FAR), and
Departmental acquisition directives. Section 2 also requires
the USM to advise the Secretary, as needed, on acquisition
management activities and acquisition innovation best
practices, in furtherance of efforts to streamline and improve
the Department's procurement process.
Section 2 also requires the USM to cooperate with the Under
Secretary for Science and Technology (S&T) in acquisitions, so
that S&T can support current and future requirements more
effectively. Section 2 requires the Under Secretary for S&T to
ensure that major acquisition programs complete operational
testing and evaluation, use independent validation and
verification of test results, and document whether all programs
meet performance requirements included in their respective
APBs. This requirement is intended to reduce instances where
the Department deploys technologies without adequately testing
them to ensure they meet operators' needs.
Sec. 3. Acquisition Authorities for Chief Financial Officer of the
Department of Homeland Security.
Section 3 amends section 702 of the Homeland Security Act
and requires the Department's Chief Financial Officer to
oversee acquisition program costs to ensure that acquisition
programs are affordable and within budget over the program's
life-cycle. This provision seeks to address findings from the
Government Accountability Office (GAO) that the Department's
major acquisition programs are unaffordable.
Sec. 4. Acquisition Authorities for Chief Information Officer of the
Department of Homeland Security.
Section 4 amends section 703 of the Homeland Security Act
and authorizes the Chief Information Officer (CIO) to oversee
the management of the Homeland Security Enterprise Architecture
decision event and to provide recommendations to the
Acquisition Review Board on information technology (IT)
programs and IT acquisition strategic guidance. Section 4 also
requires the CIO to ensure, in consultation with the USM, that
IT acquisition programs comply with IT management processes,
technical requirements, and management directives. Given that
most of the Department's major acquisition programs have
significant IT components, Section 4 ensures that the CIO is
involved, as appropriate, in ensuring that these programs meet
IT policies and technical requirements.
Sec. 5. Acquisition Authorities for Program Accountability and Risk
Management (PARM).
Section 5 amends Title VII of the Homeland Security Act and
authorizes the Program Accountability and Risk Management
(PARM) office within the Department to provide consistent
accountability to components' major acquisition programs, as
well as serve as the central oversight function for the
Department and support the ARB. This section does not create a
new office within DHS, as PARM is the current entity within DHS
with these responsibilities.
Section 5 authorizes the PARM Executive Director to oversee
PARM's role in monitoring the performance of DHS acquisition
programs, assisting the USM in managing acquisition programs,
and developing certification standards in consultation with
CAEs for all acquisition program managers. This section also
authorizes PARM to prepare and make available to Congress the
DHS Comprehensive Acquisition Status Report (CASR).
Finally, section 5 also requires components to follow
Federal law, the Federal Acquisition Regulation (FAR), and DHS
acquisition management directives, among other things. This
should mitigate instances of components pursuing major
acquisition programs without following Departmental acquisition
policy. Section 5 defines relevant terms related to acquisition
management.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Homeland
Security Act of 2002''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
* * * * * * *
TITLE V--NATIONAL EMERGENCY MANAGEMENT
Sec. 701. Under Secretary for Management.
* * * * * * *
Sec. 710. Acquisition authorities for Program Accountability and Risk
Management.
* * * * * * *
TITLE VII--MANAGEMENT
SEC. 701. UNDER SECRETARY FOR MANAGEMENT.
(a) In General.--The Under Secretary for Management shall
serve as the Chief Management Officer and principal advisor to
the Secretary on matters related to the management of the
Department, including management integration and transformation
in support of homeland security operations and programs. The
Secretary, acting through the Under Secretary for Management,
shall be responsible for the management and administration of
the Department, including the following:
(1) The budget, appropriations, expenditures of
funds, accounting, and finance.
(2) Procurement.
(3) Human resources and personnel.
(4) Information technology and communications
systems, including policies and directives to achieve
and maintain interoperable communications among the
components of the Department.
(5) Facilities, property, equipment, and other
material resources.
(6) Security for personnel, information technology
and communications systems, facilities, property,
equipment, and other material resources.
(7) Strategic management planning and annual
performance planning and identification and tracking of
performance measures relating to the responsibilities
of the Department.
(8) Grants and other assistance management programs.
(9) The management integration and transformation
within each functional management discipline of the
Department, including information technology, financial
management, acquisition management, and human capital
management, to ensure an efficient and orderly
consolidation of functions and personnel in the
Department, including--
(A) the development of centralized data
sources and connectivity of information systems
to the greatest extent practicable to enhance
program visibility, transparency, and
operational effectiveness and coordination;
(B) the development of standardized and
automated management information to manage and
oversee programs and make informed decisions to
improve the efficiency of the Department;
(C) the development of effective program
management and regular oversight mechanisms,
including clear roles and processes for program
governance, sharing of best practices, and
access to timely, reliable, and evaluated data
on all acquisitions and investments; and
(D) the overall supervision, including the
conduct of internal audits and management
analyses, of the programs and activities of the
Department, including establishment of
oversight procedures to ensure a full and
effective review of the efforts by components
of the Department to implement policies and
procedures of the Department for management
integration and transformation.
(10) The development of a transition and succession
plan, before December 1 of each year in which a
Presidential election is held, to guide the transition
of Department functions to a new Presidential
administration, and making such plan available to the
next Secretary and Under Secretary for Management and
to the congressional homeland security committees.
(11) Reporting to the Government Accountability
Office every six months to demonstrate measurable,
sustainable progress made in implementing the
corrective action plans of the Department to address
the designation of the management functions of the
Department on the bi-annual high risk list of the
Government Accountability Office, until the Comptroller
General of the United States submits to the appropriate
congressional committees written notification of
removal of the high-risk designation.
(12) The conduct of internal audits and management
analyses of the programs and activities of the
Department.
(13) Any other management duties that the Secretary
may designate.
(b) Waivers for Conducting Business With Suspended or
Debarred Contractors.--Not later than five days after the date
on which the Chief Procurement Officer or Chief Financial
Officer of the Department issues a waiver of the requirement
that an agency not engage in business with a contractor or
other recipient of funds listed as a party suspended or
debarred from receiving contracts, grants, or other types of
Federal assistance in the System for Award Management
maintained by the General Services Administration, or any
successor thereto, the Under Secretary for Management shall
submit to the congressional homeland security committees and
the Inspector General of the Department notice of the waiver
and an explanation of the finding by the Under Secretary that a
compelling reason exists for the waiver.
(c) Appointment and Evaluation.--The Under Secretary for
Management shall--
(1) be appointed by the President, by and with the
advice and consent of the Senate, from among persons
who have--
(A) extensive executive level leadership and
management experience in the public or private
sector;
(B) strong leadership skills;
(C) a demonstrated ability to manage large
and complex organizations; and
(D) a proven record in achieving positive
operational results;
(2) enter into an annual performance agreement with
the Secretary that shall set forth measurable
individual and organizational goals; and
(3) be subject to an annual performance evaluation by
the Secretary, who shall determine as part of each such
evaluation whether the Under Secretary for Management
has made satisfactory progress toward achieving the
goals set out in the performance agreement required
under paragraph (2).
(d) Acquisition and Related Responsibilities.--
(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 Officer, the Under
Secretary shall have the authorities and perform the
functions specified in section 1702(b) of such title,
and perform all other functions 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:
(A) Advising the Secretary regarding
acquisition management activities, taking into
account 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
management best practices (as such term is
defined in section 710) and standards and,
where appropriate, acquisition innovation best
practices.
(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 approve, pause, modify (including the
rescission of approvals of program milestones),
or cancel major acquisition programs (as such
term is defined in section 710), unless the
Under Secretary 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
account 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 managers to effectively manage
acquisition programs.
(D) Ensuring that each major acquisition
program has a Department-approved acquisition
program baseline (as such term is defined in
section 710), pursuant to the Department's
acquisition management policy.
(E) Ensuring that the heads of components and
Component Acquisition Executives comply with
Federal law, the Federal Acquisition
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
access the Department's information systems and
technologies, adhere to relevant Department
policies related to physical and information
security as identified by the Under Secretary
for Management.
(H) Overseeing the Component Acquisition
Executive organizational structure to ensure
Component Acquisition Executives have
sufficient capabilities and comply with
Department acquisition policies.
(3) Delegation of acquisition decision authority.--
(A) Level 3 acquisitions.--The Under
Secretary for Management may delegate
acquisition decision authority in writing to
the relevant 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
acquisition decision authority in writing to
the relevant 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 possesses
working policies, processes, and
procedures that are consistent with
Department-level acquisition policy.
(ii) The Component Acquisition
Executive concerned has adequate,
experienced, and dedicated professional
employees with program management
training, as applicable, commensurate
with the size of the acquisition
programs and related activities
delegated to such Component Acquisition
Executive by the Under Secretary for
Management.
(iii) Each major acquisition program
concerned has written documentation
showing that it has a Department-
approved 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 subsection
shall diminish the authority granted to the
Under Secretary for Science and Technology
under this Act. The Under Secretary for
Management 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 are
able to support current and future requirements
of the components of the Department.
(B) Operational testing and evaluation.--The
Under Secretary for Science and Technology
shall--
(i) ensure, in coordination with
relevant component heads, that major
acquisition programs--
(I) complete operational
testing and evaluation of
technologies and systems;
(II) use independent
verification and validation of
operational test and evaluation
implementation and results; and
(III) document whether such
programs meet all performance
requirements included in their
acquisition program baselines;
(ii) ensure that such operational
testing and evaluation includes all
system components and incorporates
operators into the testing to ensure
that systems perform as intended in the
appropriate operational setting; and
(iii) determine if testing conducted
by other Federal agencies and private
entities is relevant and sufficient in
determining whether systems perform as
intended in the operational setting.
[(d)] (e) System for Award Management Consultation.--The
Under Secretary for Management shall require that all
Department contracting and grant officials consult the System
for Award Management (or successor system) as maintained by the
General Services Administration prior to awarding a contract or
grant or entering into other transactions 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.
[(e)] (f) Interoperable Communications Defined.--In this
section, the term ``interoperable communications'' has the
meaning given that term in section 7303(g) of the Intelligence
Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(g)).
SEC. 702. CHIEF FINANCIAL OFFICER.
(a) In General.--The Chief Financial Officer shall perform
functions as specified in chapter 9 of title 31, United States
Code, and, with respect to all such functions and other
responsibilities that may be assigned to the Chief Financial
Officer from time to time, shall also report to the Under
Secretary for Management.
(b) Program Analysis and Evaluation Function.--
(1) Establishment of office of program analysis and
evaluation.--Not later than 90 days after the date of
enactment of this subsection, the Secretary shall
establish an Office of Program Analysis and Evaluation
within the Department (in this section referred to as
the ``Office'').
(2) Responsibilities.--The Office shall perform the
following functions:
(A) Analyze and evaluate plans, programs, and
budgets of the Department in relation to United
States homeland security objectives, projected
threats, vulnerability assessments, estimated
costs, resource constraints, and the most
recent homeland security strategy developed
pursuant to section 874(b)(2).
(B) Develop and perform analyses and
evaluations of alternative plans, programs,
personnel levels, and budget submissions for
the Department in relation to United States
homeland security objectives, projected
threats, vulnerability assessments, estimated
costs, resource constraints, and the most
recent homeland security strategy developed
pursuant to section 874(b)(2).
(C) Establish policies for, and oversee the
integration of, the planning, programming, and
budgeting system of the Department.
(D) Review and ensure that the Department
meets performance-based budget requirements
established by the Office of Management and
Budget.
(E) Provide guidance for, and oversee the
development of, the Future Years Homeland
Security Program of the Department, as
specified under section 874.
(F) Ensure that the costs of Department
programs, including classified programs, are
presented accurately and completely.
(G) Oversee the preparation of the annual
performance plan for the Department and the
program and performance section of the annual
report on program performance for the
Department, consistent with sections 1115 and
1116, respectively, of title 31, United States
Code.
(H) Provide leadership in developing and
promoting improved analytical tools and methods
for analyzing homeland security planning and
the allocation of resources.
(I) Any other responsibilities delegated by
the Secretary consistent with an effective
program analysis and evaluation function.
(J) Oversee the costs of acquisition programs
and related activities to ensure that actual
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.
(3) Director of program analysis and evaluation.--
There shall be a Director of Program Analysis and
Evaluation, who--
(A) shall be a principal staff assistant to
the Chief Financial Officer of the Department
for program analysis and evaluation; and
(B) shall report to an official no lower than
the Chief Financial Officer.
(4) Reorganization.--
(A) In general.--The Secretary may allocate
or reallocate the functions of the Office, or
discontinue the Office, in accordance with
section 872(a).
(B) Exemption from limitations.--Section
872(b) shall not apply to any action by the
Secretary under this paragraph.
(c) Notification Regarding Transfer or Reprogramming of
Funds.--In any case in which appropriations available to the
Department or any officer of the Department are transferred or
reprogrammed and notice of such transfer or reprogramming is
submitted to the Congress (including any officer, office, or
Committee of the Congress), the Chief Financial Officer of the
Department shall simultaneously submit such notice to the
Select Committee on Homeland Security (or any successor to the
jurisdiction of that committee) and the Committee on Government
Reform of the House of Representatives, and to the Committee on
Governmental Affairs of the Senate.
SEC. 703. CHIEF INFORMATION OFFICER.
(a) In General.--The Chief Information Officer shall report
to the Secretary, or to another official of the Department, as
the Secretary may direct.
(b) Acquisition Responsibilities.--Notwithstanding 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) 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 information
technology management processes, technical
requirements, and the Homeland Security Enterprise
Architecture, and in any case in which information
technology acquisitions do not comply with the
Department's management directives, make
recommendations to the Acquisition Review Board
regarding such noncompliance.
(2) Be responsible for providing recommendations to
the Acquisition Review Board regarding information
technology programs, and be responsible for developing
information technology acquisition strategic guidance.
[(b)] (c) Geospatial Information Functions.--
(1) Definitions.--As used in this subsection:
(A) Geospatial information.--The term
``geospatial information'' means graphical or
digital data depicting natural or manmade
physical features, phenomena, or boundaries of
the earth and any information related thereto,
including surveys, maps, charts, remote sensing
data, and images.
(B) Geospatial technology.--The term
``geospatial technology'' means any technology
utilized by analysts, specialists, surveyors,
photogrammetrists, hydrographers, geodesists,
cartographers, architects, or engineers for the
collection, storage, retrieval, or
dissemination of geospatial information,
including--
(i) global satellite surveillance
systems;
(ii) global position systems;
(iii) geographic information systems;
(iv) mapping equipment;
(v) geocoding technology; and
(vi) remote sensing devices.
(2) Office of geospatial management.--
(A) Establishment.--The Office of Geospatial
Management is established within the Office of
the Chief Information Officer.
(B) Geospatial information officer.--
(i) Appointment.--The Office of
Geospatial Management shall be
administered by the Geospatial
Information Officer, who shall be
appointed by the Secretary and serve
under the direction of the Chief
Information Officer.
(ii) Functions.--The Geospatial
Information Officer shall assist the
Chief Information Officer in carrying
out all functions under this section
and in coordinating the geospatial
information needs of the Department.
(C) Coordination of geospatial information.--
The Chief Information Officer shall establish
and carry out a program to provide for the
efficient use of geospatial information, which
shall include--
(i) providing such geospatial
information as may be necessary to
implement the critical infrastructure
protection programs;
(ii) providing leadership and
coordination in meeting the geospatial
information requirements of those
responsible for planning, prevention,
mitigation, assessment and response to
emergencies, critical infrastructure
protection, and other functions of the
Department; and
(iii) coordinating with users of
geospatial information within the
Department to assure interoperability
and prevent unnecessary duplication.
(D) Responsibilities.--In carrying out this
subsection, the responsibilities of the Chief
Information Officer shall include--
(i) coordinating the geospatial
information needs and activities of the
Department;
(ii) implementing standards, as
adopted by the Director of the Office
of Management and Budget under the
processes established under section 216
of the E-Government Act of 2002 (44
U.S.C. 3501 note), to facilitate the
interoperability of geospatial
information pertaining to homeland
security among all users of such
information within--
(I) the Department;
(II) State and local
government; and
(III) the private sector;
(iii) coordinating with the Federal
Geographic Data Committee and carrying
out the responsibilities of the
Department pursuant to Office of
Management and Budget Circular A-16 and
Executive Order 12906; and
(iv) making recommendations to the
Secretary and the Executive Director of
the Office for State and Local
Government Coordination and
Preparedness on awarding grants to--
(I) fund the creation of
geospatial data; and
(II) execute information
sharing agreements regarding
geospatial data with State,
local, and tribal governments.
(3) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be
necessary to carry out this subsection for each fiscal
year.
* * * * * * *
SEC. 710. ACQUISITION AUTHORITIES FOR PROGRAM ACCOUNTABILITY AND RISK
MANAGEMENT.
(a) Establishment of Office.--Within the Management
Directorate, there shall be a Program Accountability and Risk
Management office to--
(1) provide consistent accountability,
standardization, 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 Director.--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 Management, and shall carry out the following
responsibilities:
(1) Monitor regularly the performance of Department
acquisition programs between acquisition 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 Management in
managing the Department's acquisition programs and
related activities.
(3) Conduct oversight of individual acquisition
programs to implement Department acquisition program
policy, procedures, and guidance with a priority 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 decision
authority in making acquisition decisions consistent
with all applicable laws and in establishing clear
lines of authority, accountability, and responsibility
for acquisition decisionmaking within the Department.
(6) Engage in the strategic planning and performance
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 Procurement Officer in developing
strategies and specific plans for hiring, training, and
professional development in order to rectify any
deficiency within the Department's acquisition
workforce.
(7) Develop standardized certification standards 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 Acquisition
Executive, into the relevant acquisition program
manager's performance evaluation, and report positive
or negative experiences to the relevant certifying
authority.
(9) Provide technical support and assistance to
Department acquisitions and acquisition personnel in
conjunction with the Chief Procurement Officer.
(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 acquisition management directives
established by the Under Secretary for Management. For each
major acquisition program, 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 acquisition
program baseline;
(3) verify each life cycle cost estimate against
independent cost estimates, and reconcile any
differences;
(4) complete a cost-benefit analysis with supporting
documentation;
(5) develop and maintain a schedule that is
consistent with scheduling best practices as identified
by the Comptroller General of the United States,
including, in appropriate cases, an integrated master
schedule; and
(6) ensure that all acquisition program information
provided by the component is complete, accurate,
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 authority,
held by the Secretary acting through the Deputy
Secretary or Under Secretary for Management to--
(A) ensure compliance with Federal law, the
Federal Acquisition Regulation, and Department
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 managers
have the resources necessary to successfully
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 managers,
on an ongoing basis, monitor cost, schedule,
and performance against established baselines
and use tools to assess risks to an acquisition
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
acquisition program, means a predetermined point within
each of the acquisition phases at which the acquisition
decision authority determines whether such acquisition
program shall proceed to the next acquisition phase.
(4) Acquisition program.--The term ``acquisition
program'' means the process by which the Department
acquires, with any appropriated amounts, 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, expressed in
standard, measurable, quantitative terms, which must be
met in order to accomplish the goals of such program.
(6) Best practices.--The term ``best practices'',
with respect to acquisition, means a knowledge-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
requirements;
(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
necessary functions; and
(J) integrating the capabilities described in
subparagraphs (A) through (I) into the
Department'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 Committee on
Homeland Security and Governmental Affairs of
the Senate; and
(B) the Committee on Appropriations of the
House of Representatives and 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 management
oversight, policy, and guidance to ensure that
statutory, regulatory, and higher level policy
requirements are fulfilled, including compliance with
Federal law, the Federal Acquisition Regulation, and
Department acquisition management directives
established by the Under Secretary for Management.
(10) Major acquisition program.--The term ``major
acquisition program'' means a Department 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.
* * * * * * *
[all]