Sec. 302. Under Secretary for Management
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Section 701 of the Homeland Security Act of 2002 ( 6 U.S.C. 341 ) is amended— in subsection (a)— in paragraph (2), by inserting and acquisition management after Procurement ; and in paragraph (6), by inserting (including firearms and other sensitive assets) after equipment ; by 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; by inserting after subsection
(c)the following new subsection: Notwithstanding section 1702(a) of title 41, United States Code, the Under Secretary for Management shall be Chief Acquisition Officer of the Department. As Chief Acquisition Officer, the Under Secretary shall have the authorities and perform the functions specified in section 1702(b) of such title, and perform all other functions and responsibilities delegated by the Secretary or described in this subsection. 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 830) shall include the following: Advising the Secretary with respect to acquisition management activities, including— accounting for risks of failure to achieve cost, schedule, or performance parameters; and ensuring the Department achieves its mission through the adoption of widely accepted program management best practices (as such term is defined in section 830) and standards. Leading the Acquisition Review Board established pursuant to section 838. Synchronizing interagency coordination relating to acquisition programs and acquisition management efforts of the Department. Exercising the acquisition decision authority (as such term is defined in section 830) to approve, pause, modify (including the rescission of approvals of program milestones), or cancel major acquisition programs (as such term is defined in section 830), unless the Under Secretary delegates such authority to a Component Acquisition Executive (as such term is defined in section 830) pursuant to paragraph (3). 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 the strategic and performance plans of the Department; 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. Establishing policies for managing acquisitions across the Department that promote best practices (as such term is defined in section 830). Ensuring each major acquisition program has a Department-approved acquisition program baseline (as such term is defined in section 830), pursuant to the acquisition management policy of the Department, that is traceable to the life-cycle cost estimate of the program, integrated master schedule, and operational requirements. 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. Ensuring contracts, 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, including contractors that access the information systems and technologies of the Department, 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. Developing and managing a professional acquisition workforce to ensure the goods and services acquired by the Department meet the needs of the mission and are at the best value for the expenditure of public resources. The Under Secretary for Management may delegate acquisition decision authority, in writing, to the relevant Component Acquisition Executive for a major capital asset, service, or hybrid acquisition program that has a life-cycle cost estimate of at least $300,000,000 but not more than $1,000,000,000, based on fiscal year 2021 constant dollars, if— the component has in place policies, processes, and procedures that are consistent with the acquisition policy of the Department; the Component Acquisition Executive has an adequate staff of experienced employees with applicable program management training; and each major acquisition program concerned has a Department-approved acquisition program baseline and it is meeting agreed-upon cost, schedule, and performance thresholds. The Under Secretary for Management and the Under Secretary for Science and Technology shall coordinate in matters related to Department-wide acquisitions. ; and by amending subsection (f), as so redesignated, to read as follows: In this section, the term sensitive assets means any asset, regardless of value— that the Department issues to a Department employee; and that either the Under Secretary for Management or a head of a component determines such asset requires special control and accounting. .
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Sec. 302
Under Secretary for Management
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