Sec. 2. Acquisition authorities for the Under Secretary of 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)— 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 subsections (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 by inserting after subsection
(c)the following new subsection: 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 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 131 of such title) include the following: Advising the Secretary regarding acquisition management activities, considering 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 714) and standards and, where appropriate, acquisition innovation best practices. Leading the Department’s acquisition oversight body, the Acquisition Review Board. 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 714) to approve, pause, modify (including the rescission of approvals of program milestones), or cancel major acquisition programs (as such term is defined in section 714), unless the Under Secretary delegates such authority to a Component Acquisition Executive (as such term is defined in section 714) 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 714). Establishing policies for acquisition 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, including outlining relevant authorities for program managers to effectively manage acquisition programs (as such term is defined in section 714). Ensuring that each major acquisition program has a Department-approved acquisition program baseline (as such term is defined in section 714), pursuant to the Department’s acquisition management policy 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 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. 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 2022 constant dollars, if— the component concerned possesses working policies, processes, and procedures that are consistent with Department acquisition policy; the Component Acquisition Executive concerned has adequate, experienced, and dedicated professional employees with program management training; and each major acquisition program has a Department-approved acquisition program baseline, and it is meeting agreed-upon cost, schedule, and performance thresholds. .
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Sec. 2
Acquisition authorities for the Under Secretary of Management of the Department of Homeland Security
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