[Congressional Record Volume 163, Number 58 (Tuesday, April 4, 2017)]
[Senate]
[Pages S2427-S2428]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DAINES (for himself and Mrs. McCaskill):
  S. 886. 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; to the Committee on Homeland Security 
and Governmental Affairs.
  Mr. DAINES. Mr. President, the Department of Homeland Security, DHS, 
is tasked with keeping Americans safe in the homeland. To carry out 
this mission, DHS spends over $7 billion on acquisition programs 
annually. DHS and its agencies are held to a high standard for keeping 
our Nation safe. We also must hold it to a high standard of fiscal 
responsibility. DHS must be good stewards of taxpayer resources.
  DHS's acquisition process has long faced problems resulting in waste, 
delays, and under delivery of performance objectives. Since the 
inception of DHS, the Government Accountability Office, GAO, has 
highlighted challenges and offered recommendations to improve the 
acquisition process. There has been progress; however, there continues 
to be room for improvement. According to a GAO report released today, 
DHS's acquisition process remains a high-risk issue, susceptible to 
cost overruns and schedules delays. These issues reduce buying power 
and force security employees to wait for new capabilities. This is not 
fair to those on the front lines tasked with keeping us safe and it is 
not fair to the American taxpayers.
  I spent 28 years in the private sector. I know when tough business 
decisions need to be made, you convene a board that brings with it a 
breadth of experience and a deep understanding of strategic objectives 
and goals.
  That is why I am introducing the OHS Acquisition Review Board Act of 
2017. This legislation will create a review board within the Department 
to strengthen accountability and uniformity across all agencies and the 
entire acquisition process, ensure long term strategic objectives are 
met, and ensure the use of industry-proven best practices.
  I thank Senator McCaskill for being an original cosponsor of this 
bill and Representatives Thomas Garrett and Michael McCaul for leading 
introduction of companion legislation in the House of Representatives. 
I ask my Senate colleagues to join us in support of this important 
legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 886

       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.

[[Page S2428]]

       ``(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.''.
                                 ______