[Congressional Record Volume 163, Number 106 (Wednesday, June 21, 2017)]
[House]
[Pages H5020-H5022]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DHS ACQUISITION REVIEW BOARD ACT OF 2017
Mr. GARRETT. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1282) to amend the Homeland Security Act of 2002 to
establish Acquisition Review Boards in the Department of Homeland
Security, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1282
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 new section:
``SEC. 836. ACQUISITION REVIEW BOARD.
``(a) In General.--The Secretary shall establish an
Acquisition Review Board (in this section referred to as the
`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.
``(b) Composition.--The Under Secretary for Management
shall serve as chair of the Board. The Secretary shall also
ensure participation by other relevant Department officials,
including at least two component heads or their designees, as
permanent members of the Board.
``(c) Meetings.--The Board shall meet regularly for
purposes of ensuring all acquisitions processes proceed in a
timely fashion to achieve mission readiness. The Board shall
convene at the Secretary's discretion and at any time--
``(1) 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 requirements; or
``(C) requires additional review, as determined by the
Under Secretary for Management; or
``(2) 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 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 a proposed acquisition's business
strategy, resources, management, and accountability 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 such acquisition at key acquisition decision
events.
``(4) Conduct systematic reviews of acquisitions to ensure
that such 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
[[Page H5021]]
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.
``(e) Acquisition Program Baseline Report Requirement.--If
the person exercising acquisition decision authority over a
major acquisition program approves such program to proceed
into the planning phase before such program has a Department-
approved acquisition program baseline, the Under Secretary
for Management shall create and approve an acquisition
program baseline report regarding such approval, and the
Secretary shall--
``(1) within seven days after an 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 such decision; and
``(2) within 60 days after the acquisition decision
memorandum is signed, submit to such committees a report
stating the rationale for such decision and a plan of action
to require an acquisition program baseline for such program.
``(f) Report.--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 an annual
basis through fiscal year 2022 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 pursuant
to paragraph (4) of subsection (d).
``(3) Results of acquisition document reviews required
pursuant to paragraph (5) of subsection (d).
``(4) Activities to ensure that practices are adopted and
implemented throughout the Department pursuant to paragraph
(6) of subsection (d).
``(g) 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 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
such 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 such 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 such acquisition, as
determined by the person exercising acquisition decision
authority for such 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 Department's mission
and business operations.
``(8) 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 at least $300,000,000 (based on fiscal
year 2017 constant dollars) over its life cycle cost.''.
(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 further amended by adding after the item relating to
section 835 the following new item:
``Sec. 836. Acquisition Review Board.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Virginia (Mr. Garrett) and the gentleman from California (Mr. Correa)
each will control 20 minutes.
The Chair recognizes the gentleman from Virginia.
General Leave
Mr. GARRETT. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include extraneous material on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Virginia?
There was no objection.
Mr. GARRETT. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today to implore my colleagues to join in
supporting our bill, H.R. 1282, the DHS Acquisition Review Board Act of
2017. This legislation provides commonsense reform and saves the
taxpayers' dollars.
The Government Accountability Office and the DHS Office of Inspector
General have reported the longstanding challenges the Department of
Homeland Security faces in managing its major acquisition programs.
These programs are those costing more than $300 million, which cost the
Department about $7 billion in 2016 alone.
Since the Department's creation, the GAO has placed DHS management
functions, including acquisition management, on its high-risk list of
programs that are highly susceptible to fraud, waste, and abuse.
Mismanagement is present or in need of transformation, and the DHS
still struggles to ensure that major acquisition programs stay on
budget, are delivered on schedule, and provide capabilities as
originally intended.
Homeland Security is a unique committee insofar as it affords the
opportunity for folks on both sides of the aisle to work in a
bipartisan manner for things that we can all concede are in the best
interest of our Nation.
A recent GAO report found that 9 of 26 major acquisition programs
experienced cost growth or schedule slips. The amount of cost overruns
totaled nearly $1 billion and are scheduled to slip by an average of 6
months per program. The GAO also found that half of the major
acquisition programs it reviewed deployed capabilities before meeting
all key performance parameters, which are the most important
requirements a system must meet in order to do the jobs that they are
intended to do.
It is unacceptable for waste and dysfunction to continue, and it is
imperative that the DHS take acquisition management seriously. This
bill makes that the case.
We must provide strong accountability mechanisms to ensure major
acquisition programs with challenges are caught up, found early, and
that solutions are quickly implemented.
This bill ensures that DHS provides that accountability and
consistency needed to manage major components, acquisition programs, et
cetera, by authorizing the Secretary to establish an Acquisition Review
Board. The Acquisition Review Board would then strengthen the
accountability and uniformity in DHS' acquisition process, review major
programs, and evaluate the use of best practices.
This bill essentially codifies the already existing Acquisition
Review Board to ensure that that board continues and has the oversight
authority
[[Page H5022]]
it needs under law to make sure that the dollars that we take from the
taxpayers are sufficiently and adequately managed and not wasted.
The Acquisition Review Board would be chaired by the Under Secretary
for Management and would require at least two component heads or their
designees to be permanent members. This would ensure participation from
all DHS components.
The Board would be required to meet regularly and would be
responsible to determine if a proposed acquisition has met planning
requirements needed to proceed to production and deployment, oversee
major acquisitions as a business strategy, and review programs in a
cost benefit analysis format to determine performance objectives and
ensure that our dollars are well spent.
Mr. Speaker, a recent news story pointed out that nine individuals on
the planet Earth control as much wealth as 50 percent of the population
of the planet Earth. That means that these nine people control as much
wealth as 3.5 billion people. And yet, Mr. Speaker, if you were to take
the amalgamated wealth of those nine individuals and add it to those
3.5 billion and apply it to the United States' national debt, we could
pay off a mere 9.4 percent.
Given that our national debt is almost $20 trillion dollars and
rising, it is imperative that we take this bipartisan step to ensure
that our homeland is secured but that the dollars spent doing so are
spent effectively, efficiently, and with good stewardship. This
legislation helps to ensure that tax dollars are safeguarded, but it
also helps to ensure that DHS personnel receive the tools they need to
keep us safe.
Mr. Speaker, I implore and urge my colleagues on each side of the
aisle to join in this bipartisan legislation to ensure that our tax
dollars are well shepherded but that our Nation is as secure as can be
possible.
Mr. Speaker, I reserve the balance of my time.
Mr. CORREA. Mr. Speaker, I rise in support of H.R. 1282, the DHS
Acquisition Review Board Act of 2017, and I yield myself such time as I
may consume.
Mr. Speaker, in recent years, the Department of Homeland Security has
strengthened the management of its major acquisition programs, which
historically has been weak.
H.R. 1282 authorizes the key mechanisms from the previous
administration to ensure acquisitions valued at more than $300 million,
which account for over $7 billion of DHS' annual budget, receive
ongoing scrutiny--let me repeat, receive ongoing scrutiny.
Since 2008, the Acquisition Review Board has brought leaders together
from across the Department to validate foundational acquisition
documents such as cost and schedule estimates and performance
requirements. The Department has had to learn the hard way about the
importance of adhering to its acquisition best practices, including the
establishment of realistic requirements in cost estimates that take
into account the life cycle of costs.
An example is the SBInet program, started in 2006, that was supposed
to bring together integration of systems of infrastructure and
technology to secure the border. This program was terminated in 2011
only after $1 billion had been spent. Let me repeat that. This program
was terminated in 2011, but only after $1 billion had been spent.
The acquisition went wrong because CBP bypassed required processes
and awarded a multimillion-dollar contract without having laid the
foundation to oversee contractor performance, cost controls, and
scheduling.
Just last week, the Department was forced to cancel its $1.5 billion
Agile Services contract, or the FLASH contract, due to significant
errors and missteps in the procurement process.
Many of us are concerned that, in the Department's haste to deliver
the President's campaign promise to build a wall, critical steps in the
acquisition process will be short-circuited, leaving Americans with a
bill for a bad investment.
{time} 1500
At this time, a centralized oversight body for DHS major acquisitions
is more important than ever.
This bill provides for the board to convene when a major acquisition
program requires authorization to proceed from one decision event to
another, or is in breach of its approved requirements, or requires
additional review.
Efficiency and effectiveness in the acquisition process is imperative
for the DHS mission of procuring goods, services, and supplies in
support of its national security efforts. The Committee on Homeland
Security unanimously approved this measure earlier this Congress, and
similar language was approved by the House in October 2015.
By establishing this board into law and laying out its
responsibilities, Congress can ensure that this vital oversight will
continue and that DHS will continue to show progress in its management
of acquisitions.
I urge passage of this bill, and I reserve the balance of my time.
Mr. GARRETT. Mr. Speaker, I want to take this opportunity to extend
my heartfelt thanks to my distinguished colleague from California.
While we might not agree on all that is appropriate within the purview
of the Department, we do agree on being effective stewards of tax
dollars, and I am grateful for his comments.
Mr. Speaker, I reserve the balance of my time.
Mr. CORREA. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, first, I want to thank my colleague from Virginia for
bringing forth this most important accountability measure.
This bill enhances the Department's accountability and provides
greater acquisition oversight to intercede before programs fail to meet
important cost and schedule milestones.
Given DHS's limited budgetary resources and the importance of its
mission, it is critical that DHS improves its management of major
acquisition programs. Although the Department has made some progress in
its major acquisition programs, DHS cannot afford to neglect the day-
to-day management of the agency and how it procures essential goods and
services.
Mr. Speaker, I urge passage of this measure, and I yield back the
balance of my time.
Mr. GARRETT. Mr. Speaker, I, once again, wish to extend my thanks to
my colleague from California.
Mr. Speaker, I urge my colleagues across the aisle to support this
commonsense, bipartisan measure, H.R. 1282, as amended, and I yield
back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Virginia (Mr. Garrett) that the House suspend the rules
and pass the bill, H.R. 1282, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
The title of the bill was amended so as to read: ``A bill to amend
the Homeland Security Act of 2002 to establish the Acquisition Review
Board in the Department of Homeland Security, and for other purposes''.
A motion to reconsider was laid on the table.
____________________