Sec. 211. Acquisition authorities for Under Secretary for Management of the Department of Homeland Security
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Section 701 of the Homeland Security Act of 2002 ( 6 U.S.C. 341 ) is amended— in subsection (a)(2), by inserting and acquisition management after procurement ; by redesignating subsections
(d)and
(e)as subsections
(e)and (f), respectively; and by inserting after subsection
(c)the following new subsection: Notwithstanding subsection
(a)of section 1702 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 subsection
(b)of such section and shall perform all other functions and responsibilities delegated by the Secretary or described in this subsection. 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 include the following: 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 and standards and, where appropriate, acquisition innovation best practices. Leading the acquisition oversight body of the Department, the Acquisition Review Board, and exercising the acquisition decision authority to approve, pause, modify (including the rescission of approvals of program milestones), or cancel major acquisition programs, unless the Under Secretary delegates such authority to a Component Acquisition Executive pursuant to paragraph (3). 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. Ensuring that each major acquisition program has a Department-approved acquisition program baseline, pursuant to the Department’s acquisition management policy. Ensuring that the heads of components and Component Acquisition Executives comply with Federal law, the Federal Acquisition Regulation, and Department acquisition management directives. Providing additional scrutiny and oversight for an acquisition that is not a major acquisition if— the acquisition is for a program that is important to departmental strategic and performance plans; the acquisition is for a program with significant program or policy implications; and the Secretary determines that such scrutiny and oversight for the acquisition is proper and necessary. Ensuring that grants and financial assistance are provided only to individuals and organizations that are not suspended or debarred. 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. Overseeing the Component Acquisition Executive organizational structure to ensure Component Acquisition Executives have sufficient capabilities and comply with Department acquisition policies. Ensuring acquisition decision memoranda adequately document decisions made at acquisition decision events, including any affirmative determination of contractor responsibility at the down selection phase and any other significant procurement decisions related to the acquisition at issue. The Under Secretary for Management may delegate acquisition decision authority in writing to the relevant Component Acquisition Executive for an acquisition program that has a life cycle cost estimate of less than $300,000,000. The Under Secretary for Management may delegate acquisition decision authority in writing to the relevant Component Acquisition Executive for a major acquisition program that has a life cycle cost estimate of at least $300,000,000 but not more than $1,000,000,000 if all of the following requirements are met: The component concerned possesses working policies, processes, and procedures that are consistent with Department-level acquisition policy. 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. 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. 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. The Under Secretary for Science and Technology shall— ensure, in coordination with relevant component heads, that major acquisition programs— complete operational testing and evaluation of technologies and systems; use independent verification and validation of operational test and evaluation implementation and results; and document whether such programs meet all performance requirements included in their acquisition program baselines; 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 determine if testing conducted by other Federal agencies and private entities is relevant and sufficient in determining whether systems perform as intended in the operational setting. In this subsection, the terms acquisition , best practices , acquisition decision authority , major acquisition program , acquisition program baseline , and Component Acquisition Executive have the meanings given such terms in section 830. .
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Sec. 211
Acquisition authorities for Under Secretary for Management of the Department of Homeland Security
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