H.R. 3413 — what changed

added Subsection (c) of section 709 of the Homeland Security Act of 2002 (6 U.S.C. 349) is amended by—

removed “711. Acquisition authorities for Program Accountability and Risk Management

removed “(a) Establishment of Office—Within the Management Directorate, there shall be a Program Accountability and Risk Management office to—

removed “(1) provide consistent accountability, standardization, and transparency of major acquisition programs of the Department;

removed “(2) serve as the central oversight function for all Department major acquisition programs; and

removed “(3) provide review and analysis of Department acquisition programs, as appropriate.

removed “(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:

removed “(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.

removed “(2) Assist the Under Secretary for Management in managing the Department’s acquisition programs and related activities.

removed “(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.

removed “(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.

removed “(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.

removed “(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.

removed “(7) Develop standardized certification standards in consultation with the Component Acquisition Executives for all acquisition program managers.

removed “(8) Assess the results of major acquisition programs’ post-implementation reviews and identify opportunities to improve performance throughout the acquisition process.

removed “(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.

removed “(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.

removed “(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—

removed “(1) define baseline requirements and document changes to such requirements, as appropriate;

removed “(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;

removed “(3) verify each life cycle cost estimate against independent cost estimates or assessments, as appropriate, and reconcile any differences;

removed “(4) complete a cost-benefit analysis with supporting documentation;

removed “(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

removed “(6) ensure that all acquisition program information provided by the component is complete, accurate, timely, and valid.

removed “(d) Definitions—In this section:

removed “(1) Acquisition—The term “acquisition” has the meaning given such term in section 131 of title 41, United States Code.

removed “(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—

removed “(A) ensure compliance with Federal law, the Federal Acquisition Regulation, and Department acquisition management directives;

removed “(B) review (including approving, pausing, modifying, or canceling) an acquisition program through the life cycle of such program;

removed “(C) ensure that acquisition program managers have the resources necessary to successfully execute an approved acquisition program;

removed “(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

removed “(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.

removed “(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.

removed “(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.

removed “(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.

removed “(6) Best practices—The term “best practices”, with respect to acquisition, means a knowledge-based approach to capability development that includes the following:

removed “(A) Identifying and validating needs.

removed “(B) Assessing alternatives to select the most appropriate solution.

removed “(C) Clearly establishing well-defined requirements.

removed “(D) Developing realistic cost assessments and schedules.

removed “(E) Securing stable funding that matches resources to requirements.

removed “(F) Demonstrating technology, design, and manufacturing maturity.

removed “(G) Using milestones and exit criteria or specific accomplishments that demonstrate progress.

removed “(H) Adopting and executing standardized processes with known success across programs.

removed “(I) Establishing an adequate workforce that is qualified and sufficient to perform necessary functions.

removed “(J) Integrating the capabilities described in subparagraphs (A) through (I) into the Department’s mission and business operations.

removed “(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.

removed “(8) Congressional homeland security committees—The term “congressional homeland security committees” means—

removed “(A) the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate; and

removed “(B) the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate.

removed “(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.

removed “(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.”

added “(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;”