Sec. 7. Acquisition authorities for program accountability and risk management (PARM) of the Department of Homeland Security
1,502 words·~7 min read·
/bill/117/hr/6871/ih/section-7A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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: There is established in the Management Directorate of the Department a Program Accountability and Risk Management office. Such office shall— provide consistent accountability, standardization, and transparency of major acquisition programs of the Department; serve as the central oversight function for all Department major acquisition programs; and provide review and analysis of Department acquisition programs, as appropriate.
The Program Accountability and Risk Management office shall be led by an Executive Director. The Executive Director shall oversee the duties specified in subsection (a), report directly to the Under Secretary for Management, and carry out the following responsibilities: Regularly monitor 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.
Assist the Under Secretary for Management in managing the Department’s acquisition programs, acquisition workforce, and related activities of the Department. 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. 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.
Advise the persons having acquisition decision authority to— make acquisition decisions consistent with all applicable laws; and establish clear lines of authority, accountability, and responsibility for acquisition decision-making within the Department. Develop standardized certification standards, in consultation with the Component Acquisition Executives, for all acquisition program managers. Assess the results of major acquisition programs’ post-implementation reviews, and identify opportunities to improve performance throughout the acquisition process.
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. Assist, as appropriate, with the preparation of the Future Years Homeland Security Program, and make such information available to the congressional homeland security committees. In coordination with the Component Acquisition Executives, maintain the Master Acquisition Oversight List, updated quarterly, that shall serve as an inventory of all major acquisition programs and non-major acquisition programs within the Department, including for each such program— the component sponsoring the acquisition; the name of the acquisition; the acquisition level as determined by the anticipated life-cycle cost of the program and other criteria pursuant to the Department-level acquisition policy; the acquisition decision authority for the acquisition; and the current acquisition phase.
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— establish an organizational structure for conducting acquisitions within the component, to be managed by a Component Acquisition Executive; obtain the resources necessary to operate such an organizational structure that are aligned with the number, type, size, and complexity of the acquisition programs of the component; and oversee sustainment of capabilities deployed by major acquisition programs and non-major acquisition programs after all planned deployments are completed until such capabilities are retired or replaced.
Each Component Acquisition Executive shall— establish and implement policies and guidance for managing and conducting oversight for major acquisition programs and non-major acquisition programs within the component at issue that 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— define baseline requirements and document changes to such requirements, as appropriate; 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; verify each life cycle cost estimate against independent cost estimates or assessments, as appropriate, and reconcile any differences; complete a cost-benefit analysis with supporting documentation; and 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; ensure that all acquisition program documentation provided by the component demonstrates the knowledge required for successful program execution prior to final approval and is complete, accurate, timely, and valid; in such cases where it is appropriate, exercise the acquisition decision authority to approve, pause, modify (including the rescission of approvals of program milestones), or cancel major acquisition programs or non-major acquisition programs when delegated by the Under Secretary for Management pursuant to section 701(d)(3); and review, oversee, and direct activities between acquisition decision events for major acquisition programs within the component for which the Under Secretary for Management is the acquisition decision authority.
In this section: The term acquisition has the meaning given such term in section 131 of title 41, United States Code. The term acquisition decision authority means the authority, in addition to the authorities and functions specified in subsection
(b)of section 1702 of title 41, United States Code, held by the Secretary acting through the Under Secretary for Management to— ensure compliance with Federal law, the Federal Acquisition Regulation, and Department acquisition management directives; review (including approving, pausing, modifying, or canceling) an acquisition program throughout the life cycle of such program; ensure that acquisition program managers have the resources necessary to successfully execute an approved acquisition program; ensure appropriate acquisition program management of cost, schedule, risk, and system or service performance of the acquisition program at issue, including assessing acquisition program baseline breaches and directing any corrective action for such breaches; 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; and establish policies and procedures for major acquisition programs of the Department. The term acquisition decision event , with respect to an acquisition program, means a predetermined point within the acquisition life-cycle at which the acquisition decision authority determines whether such acquisition program shall proceed to the next acquisition phase. The term acquisition program means the conceptualization, initiation, design, development, test, contracting, production, deployment, logistics support, modification, or disposal of systems, supplies, or services (including construction) to satisfy the Department’s needs. The term acquisition program baseline , with respect to an acquisition program, means the cost, schedule, and performance parameters, expressed in standard, measurable, quantitative terms, which must be met to accomplish the goals of such program. The term best practices , with respect to acquisition, means a knowledge-based approach to capability development, procurement, and support that includes the following: Identifying and validating needs. Assessing alternatives to select the most appropriate solution. Establishing well-defined requirements. Developing realistic cost assessments and schedules that account for the entire life-cycle of an acquisition. Demonstrating technology, design, and manufacturing maturity before initiating production. Using milestones and exit criteria or specific accomplishments that demonstrate the attainment of knowledge to support progress throughout the acquisition phases. Regularly assessing and managing risks to achieve requirements and cost and schedule goals. To the maximum extent possible, adopting and executing standardized processes. Establishing a workforce that is qualified to perform necessary acquisition roles. Integrating into the Department’s mission and business operations the capabilities described in subparagraphs
(A)through (I). 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. The term congressional homeland security committees means— the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate; and the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate. 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. The term life-cycle cost means the total cost to the Government of acquiring, operating, supporting, and (if applicable) disposing of the items being acquired. The term major acquisition program means a Department capital asset, services, or hybrid acquisition program that is estimated by the Secretary to require an eventual total expenditure of at least $300,000,000 (based on fiscal year 2022 constant dollars) over its life cycle or a program identified by the Chief Acquisition Officer as a program of special interest. . 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. 714. Program Accountability and Risk Management office. .
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
Sec. 7
Acquisition authorities for program accountability and risk management (PARM) of the Department of Homeland Security
Cites 1Cited by 0 across 0 sources