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116th Congress    }                                      {      Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                      {     116-190

======================================================================



 
                   DHS ACQUISITION REFORM ACT OF 2019

                                _______
                                

August 30, 2019.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Thompson of Mississippi, from the Committee on Homeland Security, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3413]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 3413) 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.........................................................     7
Committee Consideration..........................................     8
Committee Votes..................................................     8
Committee Oversight Findings.....................................     8
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and 
  Tax Expenditures...............................................     8
Federal Mandates Statement.......................................    10
Statement of General Performance Goals and Objectives............    10
Duplicative Federal Programs.....................................    10
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits                                                           10
Advisory Committee Statement
Applicability to Legislative Branch
Section-by-Section Analysis of the Legislation...................    10
Changes in Existing Law Made by the Bill, as Reported............    12

    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 Reform Act of 2019''.

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 subsection (d), the first subsection (e) 
        (relating to the system for award management consultation), and 
        the second subsection (e) (relating to the definition of 
        interoperable communications) as subsections (e), (f), and (g), 
        respectively; and
          (2) inserting after subsection (c) the following new 
        subsection:
  ``(d) Acquisition and Related Responsibilities.--
          ``(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 Officer, the Under Secretary shall have the 
        authorities and perform the functions specified in such section 
        1702(b), 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 711) 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 711) and standards and, where appropriate, 
                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 paragraph (3).
                  ``(D) 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 (as such term is defined in section 711).
                  ``(E) Ensuring that each major acquisition program 
                has a Department-approved acquisition program baseline 
                (as such term is defined in section 711), pursuant to 
                the Department's acquisition management policy.
                  ``(F) Assisting the heads of components and Component 
                Acquisition Executives in efforts to comply with 
                Federal law, the Federal Acquisition Regulation, and 
                Department acquisition 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 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.
                  ``(I) Overseeing the Component Acquisition Executive 
                organizational structure to ensure Component 
                Acquisition Executives have sufficient 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 acquisition decision authority 
                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 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.
                  ``(C) Level 1 acquisitions.--The Under Secretary for 
                Management may delegate acquisition decision authority 
                in writing to the relevant Component Acquisition 
                Executive for a Level 1 major acquisition program that 
                has a life cycle cost estimate of more than 
                $1,000,000,000 if all of the following requirements are 
                met:
                          ``(i) The Undersecretary for Management 
                        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 possesses 
                        working policies, processes, and procedures 
                        that are consistent with Department-level 
                        acquisition policy.
                          ``(iii) 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.
                          ``(iv) Each Level 1 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.
                          ``(v) The Under Secretary for Management 
                        provides written notification to the 
                        appropriate congressional committees of the 
                        decision to delegate the authority to the 
                        relevant Component Acquisition Executive.
          ``(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 to be acquired or developed by 
                                major acquisition programs to assess 
                                operational effectiveness, suitability, 
                                and cybersecurity;
                                  ``(II) use independent verification 
                                and validation of operational test and 
                                evaluation implementation and results, 
                                as appropriate; and
                                  ``(III) document whether such 
                                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 departments and 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--
          (1) redesignating subparagraph (I) as subparagraph (J); and
          (2) inserting after subparagraph (H) the following new 
        subparagraph:
                  ``(I) Oversee the costs of acquisition programs (as 
                such term is defined in section 711) 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.--In addition to the 
responsibilities specified in section 11315 of title 40, United States 
Code, the acquisition responsibilities of the Chief Information 
Officer, in consultation with the Under Secretary for Management, shall 
include the following:
          ``(1) Overseeing the management of the Homeland Security 
        Enterprise Architecture and ensuring that, before each 
        acquisition decision event (as such term is defined in section 
        711), approved information technology acquisitions comply with 
        any departmental information technology management 
        requirements, security protocols, and the Homeland Security 
        Enterprise Architecture, and in any case in which information 
        technology acquisitions do not comply with the Department's 
        management directives, making recommendations to the 
        Department's Acquisition Review Board regarding such 
        noncompliance.
          ``(2) Providing recommendations to the Acquisition Review 
        Board regarding information technology programs, and developing 
        information technology acquisition strategic guidance.''.

SEC. 5. ACQUISITION AUTHORITIES FOR UNDER SECRETARY OF STRATEGY, 
                    POLICY, AND PLANS.

  Subsection (c) of section 709 of the Homeland Security Act of 2002 (6 
U.S.C. 349) is amended by--
          (1) redesignating paragraphs (4) through (7) as (5) through 
        (8), respectively; and
          (2) inserting after paragraph (3) the following new 
        paragraph:
          ``(4) ensure acquisition programs (as such term is defined in 
        section 711) support the DHS Quadrennial Homeland Security 
        Review Report, the DHS Strategic Plan, the DHS Strategic 
        Priorities, and other appropriate successor documents;''.

SEC. 6. 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 new 
section:

``SEC. 711. 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;
          ``(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 Director.--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 
Management, and shall carry out the following responsibilities:
          ``(1) Monitor regularly the performance of Department major 
        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 Department's 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) Assist the Chief Procurement Officer of the Department, 
        as appropriate, in developing strategies and specific plans for 
        hiring, training, and professional development to address 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) Assess the results of major acquisition programs' post-
        implementation reviews and identify opportunities 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 Procurement Officer regarding workforce training 
        and development activities.
          ``(10) Assist, as appropriate, with the preparation of the 
        Future Years Homeland Security Program, 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 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 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 appropriate, 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 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, 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 the following:
                  ``(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.
                  ``(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 the Committee 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 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 2019 
        constant dollars) over its life cycle cost or a program 
        identified by the Chief Acquisition Officer as a program 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 
Management.''.

                          Purpose and Summary

    The purpose of H.R. 3413, the ``DHS Acquisition Reform Act 
of 2019,'' is to provide certain acquisition authorities for 
the Under Secretary of Management (USM) of the Department of 
Homeland Security. Specifically, H.R. 3413 designates the 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 Department of Homeland Security (DHS) invests billions 
of dollars in major acquisition programs annually to execute 
its critical missions. These programs acquire systems vital to 
homeland security, including ships for the U.S. Coast Guard and 
baggage screening systems for the Transportation Security 
Administration. However, 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.
    Every two years, GAO identifies areas in the Federal 
Government that are ``high risk'' due to their vulnerabilities 
to fraud, waste, abuse, and mismanagement. DHS's acquisition 
activities are on GAO's ``high-risk list'' because of 
management and funding concerns. In GAO's 2019 high risk 
update, GAO reported that DHS continues to face challenges in 
funding its acquisition portfolio.\1\ Specifically, only 10 of 
24 major acquisition programs with approved schedule and cost 
goals were on track to meet those goals. Additionally, the OIG 
reports annually on major management challenges facing the 
Department. In November 2018, the OIG identified challenges in 
DHS's management of acquisition programs.\2\ 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.
---------------------------------------------------------------------------
    \1\Government Accountability Office. High Risk Series: Substantial 
Efforts Needed to Achieve Greater Progress on High-Risk Areas, GAO-19-
157SP. March 2019.
    \2\Department of Homeland Security Office of Inspector General. 
Major Management and Performance Challenges Facing the Department of 
Homeland Security, OIG-19-01. November 9, 2018.
---------------------------------------------------------------------------
    H.R. 3413 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

    For the purposes of section 103(i) of H. Res. 6 of the 
116th Congress, the following hearings were used to develop or 
consider H.R. 3413:
    On April 3, 2019, the Subcommittee on Oversight, 
Management, and Accountability held a hearing entitled 
``Ensuring Effective and Efficient Operations: A Review of the 
Fiscal Year 2020 DHS Management Directorate Budget Request''. 
The Subcommittee received testimony from Mr. Chip Fulghum, 
Deputy Under Secretary for Management, Department of Homeland 
Security; and Mr. Chris Currie, Director, Homeland Security and 
Justice Team, Government Accountability Office.
    On September 26, 2017, the Subcommittee on Oversight and 
Management Efficiency held a hearing entitled ``DHS Financial 
Systems: Will Modernization Ever Be Achieved. The Subcommittee 
received testimony from Ms. Elizabeth Angerman, Executive 
Director, Unified Shared Services Management, Office of 
Government-wide Policy, General Services Administration; Mr. 
Chip Fulghum, Deputy Under Secretary for Management, Department 
of Homeland Security; Mr. Asif Khan, Director, Financial 
Management and Assurance, Government Accountability Office; and 
Ms. Michele Singer, Director, Interior Business Center, 
Department of the Interior.
    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, Government Accountability Office.

                        Committee Consideration

    The Committee met on July 17, 2019, with a quorum being 
present, to consider H.R. 3413 and ordered the measure to be 
reported to the House with a favorable recommendation, with 
amendment, by unanimous consent.
    The following Amendments were offered and accepted by 
unanimous consent:
    An amendment offered by Ms. Torres Small.
    Insert after section 4 the following:

SEC. 5. ACQUISITION AUTHORITIES FOR UNDER SECRETARY OF STRATEGY, 
                    POLICY, AND PLANS

                            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. 3413.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

Congressional Budget Office Estimate, New Budget Authority, Entitlement 
                    Authority, and Tax Expenditures

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee adopts as its 
own the cost estimate prepared by the Director of the 
Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 30, 2019.
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for Department of Homeland 
Security Legislation.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    On July 17, 2019, the House Committee on Homeland Security 
ordered reported the following bills:
           H.R. 3320, the Securing the Homeland 
        Security Supply Chain Act of 2019, which would 
        authorize the Department of Homeland Security (DHS) to 
        take certain actions to improve the security of 
        information and telecommunications systems acquired by 
        the department;
           H.R. 3413, DHS Acquisition Reform Act of 
        2019, which would specify which offices in DHS 
        headquarters have responsibility for acquisition 
        programs;
           H.R. 3526, the Counter Terrorist Network 
        Act, which would authorize Customs and Border 
        Protection to assign personnel to other agencies to 
        support partnerships for sharing global information to 
        enhance border security; and
           H.R. 3722, the Joint Task Force to Combat 
        Opioid Trafficking Act of 2019, which would confirm the 
        authority of DHS to establish a task force to disrupt 
        drug trafficking.
    DHS is currently carrying out activities similar to those 
required by the bills listed above, and any new activities 
required under the legislation would not require substantial 
action by the department. Thus, CBO estimates that implementing 
each bill would not have a significant cost; any spending would 
be subject to the availability of appropriated funds.
    The CBO staff contact for this estimate is Mark Grabowicz. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

                       Federal Mandates Statement

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of rule XIII, the Committee finds 
that H.R. 3413 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
3413 would codify certain acquisition management 
responsibilities for the Under Secretary for Management in law, 
and assign additional acquisition responsibilities to the Chief 
Financial Officer; Chief Information Officer; and Under 
Secretary of Strategy, Policy, and Plans. This act also 
establishes the Program Accountability and Risk Management 
office to provide consistent standardization and transparency 
of major acquisition programs.

                          Advisory on Earmarks

    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(d), 9(e), or 9(f) of the rule 
XXI.

             Section-by-Section Analysis of the Legislation


Section 1. Short title

    This section provides that this bill may be cited as the 
``DHS Acquisition Reform Act of 2019''.

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 
perform the functions and responsibilities of the Department's 
Chief Acquisition Officer as delegated by the Secretary of 
Homeland Security, and those authorities and functions 
specified in section 1702(b) of title 41, United States Code. 
In addition, the USM is responsible for, among other things:
          (a) advising the Secretary on acquisition management 
        activities and acquisition innovation best practices;
          (b) establishing acquisition policies that implement 
        an approach that considers risks of failure to achieve 
        cost, schedule, or performance parameters that all 
        components of the Department shall comply with;
          (c) ensuring that each major acquisition program has 
        an approved Acquisition Program Baseline (APB); and
          (d) assisting component heads to comply with Federal 
        law, Federal Acquisition Regulation, and Departmental 
        acquisition directives.
    Section 2 also requires the USM to cooperate with the Under 
Secretary for Science and Technology (S&T) so that S&T can 
support components' current and future requirements. Section 2 
requires the Under Secretary for S&T to ensure major 
acquisition programs:
          (a) complete operational testing and evaluation;
          (b) use independent validation and verification of 
        test results;
          (c) document whether all programs meet performance 
        requirements included in their respective APBs; and
          (d) includes operators in operational testing and 
        evaluation.
    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 
to require 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 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 
to authorize the Chief Information Officer (CIO) to oversee the 
compliance of information technology (IT) acquisition programs 
with the Department's IT management requirements, security 
protocols, and Homeland Security Enterprise Architecture. 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 Under Secretary of Strategy, Policy 
        and Plans

    Section 5 amends section 709 of the Homeland Security Act 
to authorize the Under Secretary of Strategy, Policy, and Plans 
to ensure acquisition programs support the DHS Quadrennial 
Homeland Security Review Report, the DHS Strategic Plan, and 
DHS Strategic Priorities.

Sec. 6. Acquisition authorities for Program Accountability and Risk 
        Management (PARM)

    Section 6 amends Title VII of the Homeland Security Act and 
establishes 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 Acquisition Review Board. This 
section does not create a new office within DHS, as PARM is the 
current entity within DHS with these responsibilities.
    Section 6 authorizes the PARM Executive Director to oversee 
PARM's role in monitoring the performance of DHS acquisition 
programs, assisting the Under Secretary for Management in 
managing acquisition programs, and developing certification 
standards in consultation with Component Acquisition Executives 
for all acquisition program managers. This section also 
authorizes PARM to prepare and make available to Congress the 
DHS Comprehensive Acquisition Status Report.
    Section 6 also requires components to follow Federal law, 
the Federal Acquisition Regulation, and DHS acquisition 
management directives, among other things. This should mitigate 
instances of components pursuing major acquisition programs 
without following Departmental acquisition policy.
    Finally, Section 6 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 italic, 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:

Sec. 1. Short title; table of contents.
     * * * * * * *

                          TITLE VII--MANAGEMENT

Sec. 701. Under Secretary for Management.
     * * * * * * *
Sec. 711. 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, vehicle fleets 
        (under subsection (c)), 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) Vehicle Fleets.--
          (1) In general.--In carrying out responsibilities 
        regarding vehicle fleets pursuant to subsection (a)(5), 
        the Under Secretary for Management shall be responsible 
        for overseeing and managing vehicle fleets throughout 
        the Department. The Under Secretary shall also be 
        responsible for the following:
                  (A) Ensuring that components are in 
                compliance with Federal law, Federal 
                regulations, executive branch guidance, and 
                Department policy (including associated 
                guidance) relating to fleet management and use 
                of vehicles from home to work.
                  (B) Developing and distributing a 
                standardized vehicle allocation methodology and 
                fleet management plan for components to use to 
                determine optimal fleet size in accordance with 
                paragraph (4).
                  (C) Ensuring that components formally 
                document fleet management decisions.
                  (D) Approving component fleet management 
                plans, vehicle leases, and vehicle 
                acquisitions.
          (2) Component responsibilities.--
                  (A) In general.--Component heads--
                          (i) shall--
                                  (I) comply with Federal law, 
                                Federal regulations, executive 
                                branch guidance, and Department 
                                policy (including associated 
                                guidance) relating to fleet 
                                management and use of vehicles 
                                from home to work;
                                  (II) ensure that data related 
                                to fleet management is accurate 
                                and reliable;
                                  (III) use such data to 
                                develop a vehicle allocation 
                                tool derived by using the 
                                standardized vehicle allocation 
                                methodology provided by the 
                                Under Secretary for Management 
                                to determine the optimal fleet 
                                size for the next fiscal year 
                                and a fleet management plan; 
                                and
                                  (IV) use vehicle allocation 
                                methodologies and fleet 
                                management plans to develop 
                                annual requests for funding to 
                                support vehicle fleets pursuant 
                                to paragraph (6); and
                          (ii) may not, except as provided in 
                        subparagraph (B), lease or acquire new 
                        vehicles or replace existing vehicles 
                        without prior approval from the Under 
                        Secretary for Management pursuant to 
                        paragraph (5)(B).
                  (B) Exception regarding certain leasing and 
                acquisitions.--If exigent circumstances warrant 
                such, a component head may lease or acquire a 
                new vehicle or replace an existing vehicle 
                without prior approval from the Under Secretary 
                for Management. If under such exigent 
                circumstances a component head so leases, 
                acquires, or replaces a vehicle, such component 
                head shall provide to the Under Secretary an 
                explanation of such circumstances.
          (3) Ongoing oversight.--
                  (A) Quarterly monitoring.--In accordance with 
                paragraph (4), the Under Secretary for 
                Management shall collect, on a quarterly basis, 
                information regarding component vehicle fleets, 
                including information on fleet size, 
                composition, cost, and vehicle utilization.
                  (B) Automated information.--The Under 
                Secretary for Management shall seek to achieve 
                a capability to collect, on a quarterly basis, 
                automated information regarding component 
                vehicle fleets, including the number of trips, 
                miles driven, hours and days used, and the 
                associated costs of such mileage for leased 
                vehicles.
                  (C) Monitoring.--The Under Secretary for 
                Management shall track and monitor component 
                information provided pursuant to subparagraph 
                (A) and, as appropriate, subparagraph (B), to 
                ensure that component vehicle fleets are the 
                optimal fleet size and cost effective. The 
                Under Secretary shall use such information to 
                inform the annual component fleet analyses 
                referred to in paragraph (4).
          (4) Annual review of component fleet analyses.--
                  (A) In general.--To determine the optimal 
                fleet size and associated resources needed for 
                each fiscal year beginning with fiscal year 
                2018, component heads shall annually submit to 
                the Under Secretary for Management a vehicle 
                allocation tool and fleet management plan using 
                information described in paragraph (3)(A). Such 
                tools and plans may be submitted in classified 
                form if a component head determines that such 
                is necessary to protect operations or mission 
                requirements.
                  (B) Vehicle allocation tool.--Component heads 
                shall develop a vehicle allocation tool in 
                accordance with subclause (III) of paragraph 
                (2)(A)(i) that includes an analysis of the 
                following:
                          (i) Vehicle utilization data, 
                        including the number of trips, miles 
                        driven, hours and days used, and the 
                        associated costs of such mileage for 
                        leased vehicles, in accordance with 
                        such paragraph.
                          (ii) The role of vehicle fleets in 
                        supporting mission requirements for 
                        each component.
                          (iii) Any other information 
                        determined relevant by such component 
                        heads.
                  (C) Fleet management plans.--Component heads 
                shall use information described in subparagraph 
                (B) to develop a fleet management plan for each 
                such component. Such fleet management plans 
                shall include the following:
                          (i) A plan for how each such 
                        component may achieve optimal fleet 
                        size determined by the vehicle 
                        allocation tool required under such 
                        subparagraph, including the elimination 
                        of excess vehicles in accordance with 
                        paragraph (5), if applicable.
                          (ii) A cost benefit analysis 
                        supporting such plan.
                          (iii) A schedule each such component 
                        will follow to obtain optimal fleet 
                        size.
                          (iv) Any other information determined 
                        relevant by component heads.
                  (D) Review.--The Under Secretary for 
                Management shall review and make a 
                determination on the results of each 
                component's vehicle allocation tool and fleet 
                management plan under this paragraph to ensure 
                each such component's vehicle fleets are the 
                optimal fleet size and that components are in 
                compliance with applicable Federal law, Federal 
                regulations, executive branch guidance, and 
                Department policy (including associated 
                guidance) pursuant to paragraph (2) relating to 
                fleet management and use of vehicles from home 
                to work. The Under Secretary shall use such 
                tools and plans when reviewing annual component 
                requests for vehicle fleet funding in 
                accordance with paragraph (6).
          (5) Guidance to develop fleet management plans.--The 
        Under Secretary for Management shall provide guidance, 
        pursuant to paragraph (1)(B) on how component heads may 
        achieve optimal fleet size in accordance with paragraph 
        (4), including processes for the following:
                  (A) Leasing or acquiring additional vehicles 
                or replacing existing vehicles, if determined 
                necessary.
                  (B) Disposing of excess vehicles that the 
                Under Secretary determines should not be 
                reallocated under subparagraph (C).
                  (C) Reallocating excess vehicles to other 
                components that may need temporary or long-term 
                use of additional vehicles.
          (6) Annual review of vehicle fleet funding 
        requests.--As part of the annual budget process, the 
        Under Secretary for Management shall review and make 
        determinations regarding annual component requests for 
        funding for vehicle fleets. If component heads have not 
        taken steps in furtherance of achieving optimal fleet 
        size in the prior fiscal year pursuant to paragraphs 
        (4) and (5), the Under Secretary shall provide 
        rescission recommendations to the Committee on 
        Appropriations and the Committee on Homeland Security 
        of the House of Representatives and the Committee on 
        Appropriations and the Committee on Homeland Security 
        and Governmental Affairs of the Senate regarding such 
        component vehicle fleets.
          (7) Accountability for vehicle fleet management.--
                  (A) Prohibition on certain new vehicle leases 
                and acquisitions.--The Under Secretary for 
                Management and component heads may not approve 
                in any fiscal year beginning with fiscal year 
                2019 a vehicle lease, acquisition, or 
                replacement request if such component heads did 
                not comply in the prior fiscal year with 
                paragraph (4).
                  (B) Prohibition on certain performance 
                compensation.--No Department official with 
                vehicle fleet management responsibilities may 
                receive annual performance compensation in pay 
                in any fiscal year beginning with fiscal year 
                2019 if such official did not comply in the 
                prior fiscal year with paragraph (4).
                  (C) Prohibition on certain car services.--
                Notwithstanding any other provision of law, no 
                senior executive service official of the 
                Department whose office has a vehicle fleet may 
                receive access to a car service in any fiscal 
                year beginning with fiscal year 2019 if such 
                official did not comply in the prior fiscal 
                year with paragraph (4).
          (8) Motor pool.--
                  (A) In general.--The Under Secretary for 
                Management may determine the feasibility of 
                operating a vehicle motor pool to permit 
                components to share vehicles as necessary to 
                support mission requirements to reduce the 
                number of excess vehicles in the Department.
                  (B) Requirements.--The determination of 
                feasibility of operating a vehicle motor pool 
                under subparagraph (A) shall--
                          (i) include--
                                  (I) regions in the United 
                                States in which multiple 
                                components with vehicle fleets 
                                are located in proximity to one 
                                another, or a significant 
                                number of employees with 
                                authorization to use vehicles 
                                are located; and
                                  (II) law enforcement 
                                vehicles;
                          (ii) cover the National Capital 
                        Region; and
                          (iii) take into account different 
                        mission requirements.
                  (C) Report.--The Secretary shall include in 
                the Department's next annual performance report 
                required under current law the results of the 
                determination under this paragraph.
          (9) Definitions.--In this subsection:
                  (A) Component head.--The term ``component 
                head'' means the head of any component of the 
                Department with a vehicle fleet.
                  (B) Excess vehicle.--The term ``excess 
                vehicle'' means any vehicle that is not 
                essential to support mission requirements of a 
                component.
                  (C) Optimal fleet size.--The term ``optimal 
                fleet size'' means, with respect to a 
                particular component, the appropriate number of 
                vehicles to support mission requirements of 
                such component.
                  (D) Vehicle fleet.--The term ``vehicle 
                fleet'' means all owned, commercially leased, 
                or Government-leased vehicles of the Department 
                or of a component of the Department, as the 
                case may be, including vehicles used for law 
                enforcement and other purposes.
  (d) Acquisition and Related Responsibilities.--
          (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 Officer, the Under 
        Secretary shall have the authorities and perform the 
        functions specified in such section 1702(b), 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 711) 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 711) and standards and, 
                where appropriate, 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 
                paragraph (3).
                  (D) 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 (as such term is defined 
                in section 711).
                  (E) Ensuring that each major acquisition 
                program has a Department-approved acquisition 
                program baseline (as such term is defined in 
                section 711), pursuant to the Department's 
                acquisition management policy.
                  (F) Assisting the heads of components and 
                Component Acquisition Executives in efforts to 
                comply with Federal law, the Federal 
                Acquisition Regulation, and Department 
                acquisition 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 
                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.
                  (I) Overseeing the Component Acquisition 
                Executive organizational structure to ensure 
                Component Acquisition Executives have 
                sufficient 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 
                acquisition decision authority 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 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.
                  (C) Level 1 acquisitions.--The Under 
                Secretary for Management may delegate 
                acquisition decision authority in writing to 
                the relevant Component Acquisition Executive 
                for a Level 1 major acquisition program that 
                has a life cycle cost estimate of more than 
                $1,000,000,000 if all of the following 
                requirements are met:
                          (i) The Undersecretary for Management 
                        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 
                        possesses working policies, processes, 
                        and procedures that are consistent with 
                        Department-level acquisition policy.
                          (iii) 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.
                          (iv) Each Level 1 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.
                          (v) The Under Secretary for 
                        Management provides written 
                        notification to the appropriate 
                        congressional committees of the 
                        decision to delegate the authority to 
                        the relevant Component Acquisition 
                        Executive.
          (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 to be 
                                acquired or developed by major 
                                acquisition programs to assess 
                                operational effectiveness, 
                                suitability, and cybersecurity;
                                  (II) use independent 
                                verification and validation of 
                                operational test and evaluation 
                                implementation and results, as 
                                appropriate; and
                                  (III) document whether such 
                                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 departments and 
                        agencies and private entities is 
                        relevant and sufficient in determining 
                        whether systems perform as intended in 
                        the operational setting.
  [(d)] (e) 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).
  [(e)] (f) 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)] (g) 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) Oversee the costs of acquisition programs 
                (as such term is defined in section 711) 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.
                  [(I)] (J) Any other responsibilities 
                delegated by the Secretary consistent with an 
                effective program analysis and evaluation 
                function.
          (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.--In addition to the 
responsibilities specified in section 11315 of title 40, United 
States Code, the acquisition responsibilities of the Chief 
Information Officer, in consultation with the Under Secretary 
for Management, shall include the following:
          (1) Overseeing the management of the Homeland 
        Security Enterprise Architecture and ensuring that, 
        before each acquisition decision event (as such term is 
        defined in section 711), approved information 
        technology acquisitions comply with any departmental 
        information technology management requirements, 
        security protocols, and the Homeland Security 
        Enterprise Architecture, and in any case in which 
        information technology acquisitions do not comply with 
        the Department's management directives, making 
        recommendations to the Department's Acquisition Review 
        Board regarding such noncompliance.
          (2) Providing recommendations to the Acquisition 
        Review Board regarding information technology programs, 
        and 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.

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SEC. 709. OFFICE OF STRATEGY, POLICY, AND PLANS.

  (a) In General.--There is established in the Department an 
Office of Strategy, Policy, and Plans.
  (b) Head of Office.--The Office of Strategy, Policy, and 
Plans shall be headed by an Under Secretary for Strategy, 
Policy, and Plans, who shall serve as the principal policy 
advisor to the Secretary. The Under Secretary for Strategy, 
Policy, and Plans shall be appointed by the President, by and 
with the advice and consent of the Senate.
  (c) Functions.--The Under Secretary for Strategy, Policy, and 
Plans shall--
          (1) lead, conduct, and coordinate Department-wide 
        policy development and implementation and strategic 
        planning;
          (2) develop and coordinate policies to promote and 
        ensure quality, consistency, and integration for the 
        programs, components, offices, and activities across 
        the Department;
          (3) develop and coordinate strategic plans and long-
        term goals of the Department with risk-based analysis 
        and planning to improve operational mission 
        effectiveness, including consultation with the 
        Secretary regarding the quadrennial homeland security 
        review under section 707;
          (4) ensure acquisition programs (as such term is 
        defined in section 711) support the DHS Quadrennial 
        Homeland Security Review Report, the DHS Strategic 
        Plan, the DHS Strategic Priorities, and other 
        appropriate successor documents;
          [(4)] (5) manage Department leadership councils and 
        provide analytics and support to such councils;
          [(5)] (6) manage international coordination and 
        engagement for the Department;
          [(6)] (7) review and incorporate, as appropriate, 
        external stakeholder feedback into Department policy; 
        and
          [(7)] (8) carry out such other responsibilities as 
        the Secretary determines appropriate.
  (d) Deputy Under Secretary.--
          (1) In general.--The Secretary may--
                  (A) establish within the Office of Strategy, 
                Policy, and Plans a position of Deputy Under 
                Secretary to support the Under Secretary for 
                Strategy, Policy, and Plans in carrying out the 
                Under Secretary's responsibilities; and
                  (B) appoint a career employee to such 
                position.
          (2) Limitation on establishment of deputy under 
        secretary positions.--A Deputy Under Secretary position 
        (or any substantially similar position) within the 
        Office of Strategy, Policy, and Plans may not be 
        established except for the position provided for by 
        paragraph (1), unless the Secretary receives prior 
        authorization from Congress.
          (3) Definitions.--For purposes of paragraph (1)--
                  (A) the term ``career employee'' means any 
                employee (as such term is defined in section 
                2105 of title 5, United States Code), but does 
                not include a political appointee; and
                  (B) the term ``political appointee'' means 
                any employee who occupies a position which has 
                been excepted from the competitive service by 
                reason of its confidential, policy-determining, 
                policy-making, or policy-advocating character.
  (e) Coordination by Department Components.--To ensure 
consistency with the policy priorities of the Department, the 
head of each component of the Department shall coordinate with 
the Office of Strategy, Policy, and Plans in establishing or 
modifying policies or strategic planning guidance with respect 
to each such component.
  (f) Homeland Security Statistics and Joint Analysis.--
          (1) Homeland security statistics.--The Under 
        Secretary for Strategy, Policy, and Plans shall--
                  (A) establish standards of reliability and 
                validity for statistical data collected and 
                analyzed by the Department;
                  (B) be provided by the heads of all 
                components of the Department with statistical 
                data maintained by the Department regarding the 
                operations of the Department;
                  (C) conduct or oversee analysis and reporting 
                of such data by the Department as required by 
                law or as directed by the Secretary; and
                  (D) ensure the accuracy of metrics and 
                statistical data provided to Congress.
          (2) Transfer of responsibilities.--There shall be 
        transferred to the Under Secretary for Strategy, 
        Policy, and Plans the maintenance of all immigration 
        statistical information of U.S. Customs and Border 
        Protection, U.S. Immigration and Customs Enforcement, 
        and United States Citizenship and Immigration Services, 
        which shall include information and statistics of the 
        type contained in the publication entitled ``Yearbook 
        of Immigration Statistics'' prepared by the Office of 
        Immigration Statistics, including region-by-region 
        statistics on the aggregate number of applications and 
        petitions filed by an alien (or filed on behalf of an 
        alien) and denied, and the reasons for such denials, 
        disaggregated by category of denial and application or 
        petition type.
  (g) Limitation.--Nothing in this section overrides or 
otherwise affects the requirements specified in section 888.

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SEC. 711. 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;
          (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 Director.--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 Management, and shall carry out the 
following responsibilities:
          (1) Monitor regularly the performance of Department 
        major 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 Department's 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) Assist the Chief Procurement Officer of the 
        Department, as appropriate, in developing strategies 
        and specific plans for hiring, training, and 
        professional development to address 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) Assess the results of major acquisition programs' 
        post-implementation reviews and identify opportunities 
        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 Procurement 
        Officer regarding workforce training and development 
        activities.
          (10) Assist, as appropriate, with the preparation of 
        the Future Years Homeland Security Program, 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 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 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 
        appropriate, 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 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, 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 the 
        following:
                  (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.
                  (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 the Committee 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 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 2019 constant dollars) over its 
        life cycle cost or a program identified by the Chief 
        Acquisition Officer as a program of special interest.

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