[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 886 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                 S. 886

To amend the Homeland Security Act of 2002 to establish an Acquisition 
  Review Board in the Department of Homeland Security, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                April 6 (legislative day, April 4), 2017

 Mr. Daines (for himself and Mrs. McCaskill) introduced the following 
 bill; which was read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To amend the Homeland Security Act of 2002 to establish an Acquisition 
  Review Board in the Department of Homeland Security, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``DHS Acquisition Review Board Act of 
2017''.

SEC. 2. ACQUISITION REVIEW BOARD.

    (a) In General.--Subtitle D of title VIII of the Homeland Security 
Act of 2002 (6 U.S.C. 391 et seq.) is amended by adding at the end the 
following:

``SEC. 836. ACQUISITION REVIEW BOARD.

    ``(a) Definitions.--In this section:
            ``(1) Acquisition.--The term `acquisition' has the meaning 
        given the term in section 131 of title 41, United States Code.
            ``(2) Acquisition decision authority.--The term 
        `acquisition decision authority' means the authority, held by 
        the Secretary acting through the Deputy Secretary or Under 
        Secretary for Management to--
                    ``(A) ensure compliance with Federal law, the 
                Federal Acquisition Regulation, and Department 
                acquisition management directives;
                    ``(B) review (including approving, pausing, 
                modifying, or cancelling) an acquisition program 
                through the life cycle of the program;
                    ``(C) ensure that acquisition program managers have 
                the resources necessary to successfully execute an 
                approved acquisition program;
                    ``(D) ensure good acquisition program management of 
                cost, schedule, risk, and system performance of the 
                acquisition program at issue, including assessing 
                acquisition program baseline breaches and directing any 
                corrective action for such breaches; and
                    ``(E) 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 to avoid and mitigate 
                acquisition program baseline breaches.
            ``(3) Acquisition decision event.--The term `acquisition 
        decision event', with respect to an acquisition program, means 
        a predetermined point within each of the acquisition phases at 
        which the acquisition decision authority determines whether the 
        acquisition program shall proceed to the next acquisition 
        phase.
            ``(4) Acquisition decision memorandum.--The term 
        `acquisition decision memorandum', with respect to an 
        acquisition, means the official acquisition decision event 
        record that includes a documented record of decisions, exit 
        criteria, and assigned actions for the acquisition, as 
        determined by the person exercising acquisition decision 
        authority for the acquisition.
            ``(5) Acquisition program.--The term `acquisition program' 
        means the process by which the Department acquires, with any 
        appropriated amounts, by contract for purchase or lease, 
        property or services (including construction) that support the 
        missions and goals of the Department.
            ``(6) Acquisition program baseline.--The term `acquisition 
        program baseline', with respect to an acquisition program, 
        means a summary of the cost, schedule, and performance 
        parameters, expressed in standard, measurable, quantitative 
        terms, which must be met in order to accomplish the goals of 
        such program.
            ``(7) Best practices.--The term `best practices', with 
        respect to acquisition, means a knowledge-based approach to 
        capability development that includes--
                    ``(A) identifying and validating needs;
                    ``(B) assessing alternatives to select the most 
                appropriate solution;
                    ``(C) clearly establishing well-defined 
                requirements;
                    ``(D) developing realistic cost assessments and 
                schedules;
                    ``(E) securing stable funding that matches 
                resources to requirements;
                    ``(F) demonstrating technology, design, and 
                manufacturing maturity;
                    ``(G) using milestones and exit criteria or 
                specific accomplishments that demonstrate progress;
                    ``(H) adopting and executing standardized processes 
                with known success across programs;
                    ``(I) establishing an adequate workforce that is 
                qualified and sufficient to perform necessary 
                functions; and
                    ``(J) integrating the capabilities described in 
                subparagraphs (A) through (I) into the mission and 
                business operations of the Department.
            ``(8) Board.--The term `Board' means the Acquisition Review 
        Board required to be established under subsection (b).
            ``(9) Major acquisition program.--The term `major 
        acquisition program' means a Department acquisition program 
        that is estimated by the Secretary to require an eventual total 
        expenditure of not less than $300,000,000 (based on fiscal year 
        2017 constant dollars) over the life cycle cost of the 
        acquisition program.
    ``(b) Establishment of Board.--The Secretary shall establish an 
Acquisition Review Board to--
            ``(1) strengthen accountability and uniformity within the 
        Department acquisition review process;
            ``(2) review major acquisition programs; and
            ``(3) review the use of best practices.
    ``(c) Composition.--
            ``(1) Chairperson.--The Under Secretary for Management 
        shall serve as chairperson of the Board.
            ``(2) Other members.--The Secretary shall ensure 
        participation by other relevant Department officials, including 
        not fewer than 2 component heads or their designees, as 
        permanent members of the Board.
    ``(d) Meetings.--
            ``(1) Regular meetings.--The Board shall meet regularly for 
        purposes of ensuring all acquisitions processes proceed in a 
        timely fashion to achieve mission readiness.
            ``(2) Other meetings.--The Board shall convene--
                    ``(A) at the discretion of the Secretary; and
                    ``(B) at any time--
                            ``(i) a major acquisition program--
                                    ``(I) requires authorization to 
                                proceed from one acquisition decision 
                                event to another throughout the 
                                acquisition life cycle;
                                    ``(II) is in breach of the approved 
                                requirements of the major acquisition 
                                program; or
                                    ``(III) requires additional review, 
                                as determined by the Under Secretary 
                                for Management; or
                            ``(ii) a non-major acquisition program 
                        requires review, as determined by the Under 
                        Secretary for Management.
    ``(e) Responsibilities.--The responsibilities of the Board are as 
follows:
            ``(1) Determine whether a proposed acquisition has met the 
        requirements of key phases of the acquisition life cycle 
        framework and is able to proceed to the next phase and eventual 
        full production and deployment.
            ``(2) Oversee whether the business strategy, resources, 
        management, and accountability of a proposed acquisition is 
        executable and is aligned to strategic initiatives.
            ``(3) Support the person with acquisition decision 
        authority for an acquisition in determining the appropriate 
        direction for the acquisition at key acquisition decision 
        events.
            ``(4) Conduct systematic reviews of acquisitions to ensure 
        that the acquisitions are progressing in compliance with the 
        approved documents for their current acquisition phases.
            ``(5) Review the acquisition documents of each major 
        acquisition program, including the acquisition program baseline 
        and documentation reflecting consideration of tradeoffs among 
        cost, schedule, and performance objectives, to ensure the 
        reliability of underlying data.
            ``(6) Ensure that practices are adopted and implemented to 
        require consideration of trade-offs among cost, schedule, and 
        performance objectives as part of the process for developing 
        requirements for major acquisition programs prior to the 
        initiation of the second acquisition decision event, including, 
        at a minimum, the following practices:
                    ``(A) Department officials responsible for 
                acquisition, budget, and cost estimating functions are 
                provided with the appropriate opportunity to develop 
                estimates and raise cost and schedule matters before 
                performance objectives are established for capabilities 
                when feasible.
                    ``(B) Full consideration is given to possible 
                trade-offs among cost, schedule, and performance 
                objectives for each alternative.
    ``(f) Acquisition Program Baseline Report Requirement.--If the 
person exercising acquisition decision authority over a major 
acquisition program approves the major acquisition program to proceed 
into the planning phase before the major acquisition program has a 
Department-approved acquisition program baseline--
            ``(1) the Under Secretary for Management shall create and 
        approve an acquisition program baseline report regarding such 
        approval; and
            ``(2) the Secretary shall--
                    ``(A) not later than 7 days after the date on which 
                the acquisition decision memorandum is signed, notify 
                in writing the Committee on Homeland Security of the 
                House of Representatives and the Committee on Homeland 
                Security and Governmental Affairs of the Senate of the 
                decision; and
                    ``(B) not later than 60 days after the date on 
                which the acquisition decision memorandum is signed, 
                submit to the Committee on Homeland Security of the 
                House of Representatives and the Committee on Homeland 
                Security and Governmental Affairs of the Senate a 
                report stating the rationale for such decision and a 
                plan of action to require an acquisition program 
                baseline for such program.
    ``(g) Report.--Not later than 1 year after the date of enactment of 
this section and every year thereafter through fiscal year 2022, the 
Under Secretary for Management shall provide information to the 
Committee on Homeland Security of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs of the Senate 
on the activities of the Board for the prior fiscal year that includes 
information relating to the following:
            ``(1) For each meeting of the Board, any acquisition 
        decision memoranda.
            ``(2) Results of the systematic reviews conducted under 
        subsection (e)(4).
            ``(3) Results of acquisition document reviews required 
        under subsection (e)(5).
            ``(4) Activities to ensure that practices are adopted and 
        implemented throughout the Department under subsection 
        (e)(6).''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by 
inserting after the item relating to section 835 the following:

``Sec. 836. Acquisition Review Board.''.
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