[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5652 Referred in Senate (RFS)]

<DOC>
117th CONGRESS
  1st Session
                                H. R. 5652


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 18, 2021

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 AN ACT


 
To amend the Homeland Security Act of 2002 to establish the 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 
2021''.

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 new section:

``SEC. 836. ACQUISITION REVIEW BOARD.

    ``(a) In General.--There is established in the Department an 
Acquisition Review Board (in this section referred to as the `Board') 
to support the Under Secretary for Management in managing the 
Department's acquisitions.
    ``(b) Composition.--
            ``(1) Chair.--The Under Secretary for Management shall 
        serve as chair of the Board.
            ``(2) Oversight.--The Under Secretary for Management may 
        designate an employee of the Department to oversee the 
        operations of the Board.
            ``(3) Participation.-- The Under Secretary for Management 
        shall ensure participation by other relevant Department 
        officials with responsibilities related to acquisitions as 
        permanent members of the Board, including the following:
                    ``(A) The Chair of the Joint Requirements Council.
                    ``(B) The Chief Financial Officer.
                    ``(C) The Chief Human Capital Officer.
                    ``(D) The Chief Information Officer.
                    ``(E) The Chief Procurement Officer.
                    ``(F) The Chief Readiness Support Officer.
                    ``(G) The Chief Security Officer.
                    ``(H) The Director of the Office of Test and 
                Evaluation.
                    ``(I) Other relevant senior Department officials, 
                as designated by the Under Secretary for Management.
    ``(c) Meetings.--The Board shall meet regularly for purposes of 
evaluating the progress and status of an acquisition program. The Board 
shall convene at the Under Secretary for Management's discretion, and 
at such time as--
            ``(1) a new acquisition program is initiated;
            ``(2) a major acquisition program--
                    ``(A) requires authorization to proceed from one 
                acquisition decision event to another throughout the 
                acquisition life-cycle;
                    ``(B) is in breach of its approved acquisition 
                program baseline; or
                    ``(C) requires additional review, as determined by 
                the Under Secretary for Management; or
            ``(3) a non-major acquisition program requires review, as 
        determined by the Under Secretary for Management.
    ``(d) Responsibilities.--The responsibilities of the Board are as 
follows:
            ``(1) Determine the appropriate acquisition level and 
        acquisition decision authority for new acquisition programs 
        based on the estimated eventual total expenditure of each such 
        program to satisfy the mission need of the Department over the 
        life-cycle of such acquisition regardless of funding source.
            ``(2) 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.
            ``(3) Oversee whether a proposed acquisition's business 
        strategy, resources, management, and accountability is 
        executable and is aligned with the mission and strategic goals 
        of the Department.
            ``(4) Support the person with acquisition decision 
        authority for an acquisition in determining the appropriate 
        direction for such acquisition at key acquisition decision 
        events.
            ``(5) Conduct systematic reviews of acquisitions to ensure 
        that such acquisitions are progressing in accordance with best 
        practices and in compliance with the most recently approved 
        documents for such acquisitions' current acquisition phases.
            ``(6) 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.
            ``(7) 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 concerns 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.
    ``(e) Documentation.--
            ``(1) In general.--The chair of the Board shall ensure that 
        all actions and decisions made pursuant to the responsibilities 
        of the Board under subsection (d) are documented in an 
        acquisition decision memorandum that includes--
                    ``(A) a summary of the action at issue or purpose 
                for convening a meeting under subsection (c);
                    ``(B) the decision with respect to actions 
                discussed during such meeting;
                    ``(C) the rationale for such a decision, including 
                justifications for any such decision made to allow 
                acquisition programs to deviate from the acquisition 
                management policy of the Department;
                    ``(D) any assigned items for further action; and
                    ``(E) the signature of the chair verifying the 
                contents of such memorandum.
            ``(2) Submission of memorandum.--Not later than seven days 
        after the date on which the acquisition decision memorandum is 
        signed by the chair pursuant to paragraph (1)(E), the chair 
        shall submit to the Secretary, the Committee on Homeland 
        Security of the House of Representatives, and the Committee on 
        Homeland Security and Governmental Affairs of the Senate a copy 
        of such memorandum.
    ``(f) Definitions.--In this section:
            ``(1) Acquisition.--The term `acquisition' has the meaning 
        given such 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 to--
                    ``(A) ensure acquisition programs are in 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 such program;
                    ``(C) ensure that acquisition program managers have 
                the resources necessary to successfully execute an 
                approved acquisition program;
                    ``(D) ensure appropriate 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 
        such acquisition program shall proceed to the next acquisition 
        phase.
            ``(4) Acquisition decision memorandum.--The term 
        `acquisition decision memorandum' means the official documented 
        record of decisions, including the rationale for such decisions 
        and any assigned actions, for the acquisition at issue, as 
        determined by the person exercising acquisition decision 
        authority for such acquisition.
            ``(5) 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 satisfied to accomplish the goals of such 
        program.
            ``(6) 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 estimates and 
                schedules that account for the entire life-cycle of 
                such an acquisition;
                    ``(E) securing stable funding that matches 
                resources to requirements before initiating such 
                development;
                    ``(F) demonstrating technology, design, and 
                manufacturing maturity before initiating production of 
                the item that is the subject of such acquisition;
                    ``(G) using milestones and exit criteria or 
                specific accomplishments that demonstrate the 
                attainment of knowledge to support progress;
                    ``(H) regularly assessing and managing risks to 
                achieving requirements and cost and schedule goals;
                    ``(I) adopting and executing standardized processes 
                with known success across programs;
                    ``(J) establishing an adequate workforce that is 
                qualified and sufficient to perform necessary 
                functions; and
                    ``(K) integrating the capabilities described in 
                subparagraphs (A) through (J).
            ``(7) Major acquisition program.--The term `major 
        acquisition program' means--
                    ``(A) a Department capital asset, service, or 
                hybrid acquisition program that is estimated by the 
                Secretary to require an eventual total expenditure of 
                at least $300 million (based on fiscal year 2022 
                constant dollars) over its life-cycle cost; or
                    ``(B) a program identified by the Under Secretary 
                for Management as a program of special interest.
            ``(8) Non-major acquisition program.--The term `non-major 
        acquisition program' means a Department capital asset, service, 
        or hybrid acquisition program that is estimated by the 
        Secretary to require an eventual total expenditure of less than 
        $300,000,000 (based on fiscal year 2022 constant dollars) over 
        its life-cycle.''.
    (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 new 
item:

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

            Passed the House of Representatives November 16, 2021.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.