The DHS Acquisition Accountability and Efficiency Act () is a bill that would direct the

United States Department of Homeland Security The United States Department of Homeland Security (DHS) is the Federal government of the United States, U.S. United States federal executive departments, federal executive department responsible for public security, roughly comparable to the I ...

(DHS) to improve the accountability, transparency, and efficiency of its major acquisition programs. The bill would specify procedures for the department to follow if it fails to meet timelines, cost estimates, or other performance parameters for these programs. The bill was introduced into the

United States House of Representatives The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the Lower house, lower chamber of the United States Congress, with the United States Senate, Senate being ...

during the

113th United States Congress The 113th United States Congress was a meeting of the legislative branch of the United States federal government, from January 3, 2013, to January 3, 2015, during the fifth and sixth years of Presidency of Barack Obama, Barack Obama's presiden ...

Background

The Department of Homeland Security spend at least $10 billion on acquisitions in 2013. A Government Accountability Office study of 2012 found that "only 16 of 42 acquisitions programs had approved baseline costs and identified 42 programs that experienced cost growth, scheduled slips, or both."

Provisions of the bill

''This summary is based largely on the summary provided by the

Congressional Research Service The Congressional Research Service (CRS) is a public policy research institute of the United States Congress. Operating within the Library of Congress, it works primarily and directly for members of Congress and their committees and staff on a c ...

, a

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source.'' The DHS Acquisition Accountability and Efficiency Act would amend the

Homeland Security Act of 2002 The Homeland Security Act (HSA) of 2002, () was introduced in the aftermath of the September 11 attacks and subsequent mailings of anthrax spores. The HSA was cosponsored by 118 members of Congress. The act passed the U.S. Senate by a vote of ...

to: (1) designate the Under Secretary for Management of the Department of Homeland Security (DHS) as the Chief Acquisition Officer for DHS; (2) include the Chief Financial Officer and the Chief Information Officer of DHS in the DHS acquisition process; (3) establish the position of Chief Procurement Officer under the Under Secretary for Management to exercise leadership over the DHS procurement function and to issue acquisition regulations and policies; and (4) require the Under Secretary for Management to take steps to improve the accountability, standardization, and transparency of major DHS acquisition programs. The bill would direct the Under Secretary for Management to: (1) establish an Acquisition Review Board to strengthen accountability and uniformity within the DHS acquisition review process, review acquisition programs, and review the use of best practices; and (2) establish DHS-wide policies to increase opportunities for effectiveness and efficiencies in the DHS major acquisition process. The bill would direct the

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(GAO) to conduct a review of the effectiveness of the Acquisition Review Board. The bill would establish a process for notifying the congressional

homeland security Homeland security is an American national security term for "the national effort to ensure a homeland that is safe, secure, and resilient against terrorism and other hazards where American interests, aspirations, and ways of life can thrive" to ...

committees of a breach in a major DHS acquisition program (e.g., failure to meet any cost, schedule, or performance requirements). Directs the Under Secretary for Management to develop a plan for remediating a breach and for analyzing the root cause of the breach. Requires the DHS Secretary to submit to such committees a multiyear acquisition strategy to guide the overall direction of DHS acquisition, including a plan to address DHS acquisition workforce accountability and talent management and an assessment of the feasibility of conducting a pilot program to establish a Homeland Security Acquisition Workforce Development Fund to ensure that the DHS workforce has the capacity to perform its mission.

Congressional Budget Office report

''This summary is based largely on the summary provided by the

Congressional Budget Office The Congressional Budget Office (CBO) is a federal agency within the legislative branch of the United States government that provides budget and economic information to Congress. Inspired by California's Legislative Analyst's Office that manages ...

, as ordered reported by the House Committee on Homeland Security on April 30, 2014. This is a

source.'' The

(CBO) estimates that implementing H.R. 4228 would cost $1 million in 2015 and less than $500,000 in each year thereafter, subject to the availability of appropriated funds. Enacting the legislation would not affect direct spending or revenues; therefore,

pay-as-you-go Pay as you go or PAYG may refer to: Finance * Pay-as-you-go tax, or pay-as-you-earn tax * Pay-as-you-go pension plan * PAYGO, the practice in the US of financing expenditures with current funds rather than borrowing * PAUG, a structured financia ...

procedures do not apply. H.R. 4228 would direct the

Government Accountability Office The U.S. Government Accountability Office (GAO) is a legislative branch government agency that provides auditing, evaluative, and investigative services for the United States Congress. It is the supreme audit institution of the federal govern ...

(GAO) and the DHS Inspector General to review and report on certain issues related to departmental acquisition policies. Based on the cost of similar activities, CBO estimates that the new DHS administrative procedures as well as additional reviews and reports by GAO and DHS required by H.R. 4228 would cost $1 million in 2015 and less than $500,000 annually thereafter, assuming availability of appropriated funds. CBO expects that DHS will continue to seek to improve its efficiency in acquiring goods and services under current law; we have no basis for estimating any savings in procurement costs that might occur as a result of the bill’s directives to the department. H.R. 4228 contains no intergovernmental or private-sector mandates as defined in the

Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (UMRA''(pdf)https://www.govinfo.gov/content/pkg/USCODE-1995-title2/html/USCODE-1995-title2-chap25.htm (text)] restricts the federal government of the United States, federal imposition of unfunded mandates on ...

and would impose no costs on state, local, or tribal governments.

Procedural history

The DHS Acquisition Accountability and Efficiency Act was introduced into the

on March 13, 2014 by Jeff Duncan (politician), Rep. Jeff Duncan (R, SC-3). It was referred to the

United States House Committee on Homeland Security The U.S. House Committee on Homeland Security is a standing committee of the United States House of Representatives. Its responsibilities include U.S. security legislation and oversight of the Department of Homeland Security. Role of the commit ...

and the

United States House Homeland Security Subcommittee on Oversight and Management Efficiency The U.S. House Homeland Security Subcommittee on Oversight, Management and Accountability is a standing subcommittee within the House Homeland Security Committee The U.S. House Committee on Homeland Security is a standing committee of the United ...

. It was reported (amended) on May 6, 2014 alongsid
House Report 113-436
The House voted on June 9, 2014 to pass the bill in a

voice vote In parliamentary procedure, a voice vote (from the Latin ''viva voce'', meaning "live voice") or acclamation is a voting method in deliberative assemblies (such as legislatures) in which a group vote is taken on a topic or motion by responding vo ...

Debate and discussion

In addition to Rep. Duncan, the bill was initially co-sponsored by Reps.

Michael McCaul Michael Thomas McCaul Sr. (born January 14, 1962) is an American attorney and politician serving as the U.S. representative for since 2005. A member of the Republican Party, he chaired the House Committee on Homeland Security during the 113th ...

(R-TX),

Ron Barber Ronald Sylvester Barber (born August 25, 1945) is an American politician. He was a member of the United States House of Representatives from 2012 to 2015. Barber, a member of the Democratic Party from Arizona, served as district director for U.S ...

(R-AZ), and

Steve Daines Steven David Daines ( ; born August 20, 1962) is an American politician and former corporate executive serving as the junior United States senator for Montana since 2015. A Republican, he served as the U.S. representative for Montana's at-large ...

(R-MO). Rep. Duncan argued that "for years, DHS's purchases of major

systems have been late, cost more, and done less than promised. This bill will save taxpayer dollars by forcing DHS to improve its management." A discussion draft of the bill received mixed reviews from industry insiders. On anonymous insider said that "much of the legislation either duplicates or reorganizing existing management processes that are already in statute" and that "it is time to start to focus on streamlining processes, not creating new, potentially duplicative ones." A different anonymous industry official had fewer objections to the draft bill, but pointed out that "there are risks of becoming so over-focused on process that you lose sight of the mission and outcome imperatives... process does not create excellence."

References

External links

Library of Congress - Thomas H.R. 4228beta.congress.gov H.R. 4228GovTrack.us H.R. 4228OpenCongress.org H.R. 4228Congressional Budget Office's report on H.R. 4228House Report 113-436 on H.R. 4228
{{DEFAULTSORT:DHS Acquisition Accountability and Efficiency Act (H.R. 4228 113th Congress) Proposed legislation of the 113th United States Congress Government procurement in the United States