[Congressional Record Volume 163, Number 183 (Thursday, November 9, 2017)]
[Senate]
[Pages S7160-S7163]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1581. Mr. McCONNELL (for Mr. Hatch) proposed an amendment to the 
bill S. 324, to amend title 38, United States Code, to improve the 
provision of adult day health care services for veterans; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``State Veterans Home Adult 
     Day Health Care Improvement Act of 2017''.

     SEC. 2. PROVISION OF CERTAIN ADULT DAY HEALTH CARE SERVICES 
                   FOR VETERANS.

       (a) In General.--Section 1745 of title 38, United States 
     Code, is amended--
       (1) by adding at the end the following new subsection:
       ``(d)(1) The Secretary shall enter into an agreement with 
     each State home for payment by the Secretary for medical 
     supervision model adult day health care provided to a veteran 
     described in subsection (a)(1) on whose behalf the State home 
     is not in receipt of payment for nursing home care from the 
     Secretary.
       ``(2)(A) Payment under each agreement between the Secretary 
     and a State home under paragraph (1) for each veteran who 
     receives medical supervision model adult day health care 
     under such agreement shall be made at a rate established 
     through regulations prescribed by the Secretary to adequately 
     reimburse the State home for the care provided by the State 
     home, including necessary transportation expenses.
       ``(B) The Secretary shall consult with the State homes in 
     prescribing regulations under subparagraph (A).
       ``(C) The rate established through regulations under 
     subparagraph (A) shall not take effect until the date that is 
     30 days after the date on which those regulations are 
     published in the Federal Register.
       ``(3) Payment by the Secretary under paragraph (1) to a 
     State home for medical supervision model adult day health 
     care provided to a veteran described in that paragraph 
     constitutes payment in full to the State home for such care 
     furnished to that veteran.
       ``(4) In this subsection, the term `medical supervision 
     model adult day health care' means adult day health care that 
     includes the coordination of physician services, dental 
     services, nursing services, the administration of drugs, and 
     such other requirements as determined appropriate by the 
     Secretary.''; and
       (2) in the section heading, by inserting ``, adult day 
     health care,'' after ``home care''.
       (b) Initial Rate.--Before the Secretary of Veterans Affairs 
     establishes a payment rate under subsection (d)(2)(A) of 
     section 1745 of such title, as added by subsection (a), the 
     Secretary shall pay to a State home that has entered into an 
     agreement with the Secretary for medical supervision model 
     adult day health care (as defined in subsection (d)(4) of 
     such section) an amount equal to 65 percent of the rate the 
     Secretary would pay under subsection (a)(2) of such section 
     to the State home for nursing home care provided to the 
     veteran.
       (c) Clerical Amendment.--The table of sections at the 
     beginning of chapter 17 of such title is amended by striking 
     the item relating to section 1745 and inserting the following 
     new item:

``1745. Nursing home care, adult day health care, and medications for 
              veterans with service-connected disabilities.''.
                                 ______
                                 
  SA 1582. Mr. McCONNELL (for Mr. Daines) proposed an amendment to the

[[Page S7161]]

bill 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; as follows:

       Strike all after the enacting clause and insert the 
     following:

     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) advocate for acquisition program managers to 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) monitor, on an ongoing basis, cost, schedule, and 
     performance of acquisition programs in order to manage risk 
     at all phases of the life cycle of such program and direct 
     corrective action for any variances that would lead to 
     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 program, means the official acquisition decision 
     event record that includes a documented record of decisions, 
     exit criteria, and assigned actions for the acquisition 
     program, 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) Appropriate committees of congress.--The term 
     `appropriate committees of Congress' means--
       ``(A) the Committee on Homeland Security of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate;
       ``(B) in the case of notice or a report relating to the 
     Coast Guard, the committees described in subparagraph (A) and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate; and
       ``(C) in the case of notice or a report relating to the 
     Transportation Security Administration, the committees 
     described in subparagraph (A) and the Committee on Commerce, 
     Science, and Transportation of the Senate.
       ``(8) 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;
       ``(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;
       ``(J) integrating the capabilities described in 
     subparagraphs (A) through (I) into the mission and business 
     operations of the Department; and
       ``(K) any other criteria as determined by the Under 
     Secretary for Management.
       ``(9) Board.--The term `Board' means the Acquisition Review 
     Board required to be established under subsection (b).
       ``(10) 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 programs 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 program has 
     met the requirements of 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 program in determining the 
     appropriate direction for the acquisition at key acquisition 
     decision events.
       ``(4) Conduct 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 program 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, as required by Department policy--
       ``(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, provide written 
     notice of the decision to the appropriate committees of 
     Congress; and
       ``(B) not later than 60 days after the date on which the 
     acquisition decision memorandum is signed, submit a report 
     stating the rationale for such decision and a plan of action 
     to require an acquisition program baseline for such program 
     to the appropriate committees of Congress.
       ``(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 appropriate committees of Congress 
     on the activities of the Board for the prior fiscal year that 
     includes information relating to the following:

[[Page S7162]]

       ``(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.''.
                                 ______
                                 
  SA 1583. Mr. McCONNELL (for Mrs. McCaskill) proposed an amendment to 
the bill S. 906, to amend the Homeland Security Act of 2002 to provide 
for congressional notification regarding major acquisition program 
breaches, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Reducing DHS Acquisition 
     Cost Growth Act''.

     SEC. 2. CONGRESSIONAL NOTIFICATION FOR MAJOR ACQUISITION 
                   PROGRAMS.

       (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. CONGRESSIONAL NOTIFICATION AND OTHER REQUIREMENTS 
                   FOR MAJOR ACQUISITION PROGRAM BREACH.

       ``(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 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.
       ``(3) 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 shall be met in order to accomplish the goals of 
     the program.
       ``(4) Appropriate committees of congress.--The term 
     `appropriate committees of Congress' means--
       ``(A) the Committee on Homeland Security and the Committee 
     on Appropriations of the House of Representatives and the 
     Committee on Homeland Security and Governmental Affairs and 
     the Committee on Appropriations of the Senate; and
       ``(B) in the case of notice or a report relating to the 
     Coast Guard or the Transportation Security Administration, 
     the committees described in subparagraph (A) and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate.
       ``(5) 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.
       ``(6) Breach.--The term `breach', with respect to a major 
     acquisition program, means a failure to meet any cost, 
     schedule, or performance threshold specified in the most 
     recently approved acquisition program baseline.
       ``(7) Component acquisition executive.--The term `Component 
     Acquisition Executive' means the senior acquisition official 
     within a component who is designated in writing by the Under 
     Secretary for Management, in consultation with the component 
     head, with authority and responsibility for leading a process 
     and staff to provide acquisition and program management 
     oversight, policy, and guidance to ensure that statutory, 
     regulatory, and higher level policy requirements are 
     fulfilled, including compliance with Federal law, the Federal 
     Acquisition Regulation, and Department acquisition management 
     directives established by the Under Secretary for Management.
       ``(8) Major acquisition program.--The term `major 
     acquisition program' means an acquisition program of the 
     Department 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 the life cycle cost 
     of the program.
       ``(b) Requirements Within Department in Event of Breach.--
       ``(1) Notifications.--
       ``(A) Notification of breach.--If a breach occurs in a 
     major acquisition program, the program manager for the 
     program shall notify the Component Acquisition Executive for 
     the program, the head of the component concerned, the 
     Executive Director of the Program Accountability and Risk 
     Management division, the Under Secretary for Management, and 
     the Deputy Secretary not later than 30 calendar days after 
     the date on which the breach is identified.
       ``(B) Notification to secretary.--If a breach occurs in a 
     major acquisition program and the breach results in a cost 
     overrun greater than 15 percent, a schedule delay greater 
     than 180 days, or a failure to meet any of the performance 
     thresholds from the cost, schedule, or performance parameters 
     specified in the most recently approved acquisition program 
     baseline for the program, the Component Acquisition Executive 
     for the program shall notify the Secretary and the Inspector 
     General of the Department not later than 5 business days 
     after the date on which the Component Acquisition Executive 
     for the program, the head of the component concerned, the 
     Executive Director of the Program Accountability and Risk 
     Management Division, the Under Secretary for Management, and 
     the Deputy Secretary are notified of the breach under 
     subparagraph (A).
       ``(2) Remediation plan and root cause analysis.--
       ``(A) In general.--If a breach occurs in a major 
     acquisition program, the program manager for the program 
     shall submit in writing to the head of the component 
     concerned, the Executive Director of the Program 
     Accountability and Risk Management division, and the Under 
     Secretary for Management, at a date established by the Under 
     Secretary for Management, a remediation plan and root cause 
     analysis relating to the breach and program.
       ``(B) Remediation plan.--The remediation plan required 
     under subparagraph (A) shall--
       ``(i) explain the circumstances of the breach at issue;
       ``(ii) provide prior cost estimating information;
       ``(iii) include a root cause analysis that determines the 
     underlying cause or causes of shortcomings in cost, schedule, 
     or performance of the major acquisition program with respect 
     to which the breach has occurred, including the role, if any, 
     of--

       ``(I) unrealistic performance expectations;
       ``(II) unrealistic baseline estimates for cost or schedule 
     or changes in program requirements;
       ``(III) immature technologies or excessive manufacturing or 
     integration risk;
       ``(IV) unanticipated design, engineering, manufacturing, or 
     technology integration issues arising during program 
     performance;
       ``(V) changes to the scope of the program;
       ``(VI) inadequate program funding or changes in planned 
     out-year funding from one 5-year funding plan to the next 5-
     year funding plan as outlined in the Future Years Homeland 
     Security Program required under section 874;
       ``(VII) legislative, legal, or regulatory changes; or
       ``(VIII) inadequate program management personnel, including 
     lack of sufficient number of staff, training, credentials, 
     certifications, or use of best practices;

       ``(iv) propose corrective action to address cost growth, 
     schedule delays, or performance issues;
       ``(v) explain the rationale for why a proposed corrective 
     action is recommended; and
       ``(vi) in coordination with the Component Acquisition 
     Executive for the program, discuss all options considered, 
     including--

       ``(I) the estimated impact on cost, schedule, or 
     performance of the program if no changes are made to current 
     requirements;
       ``(II) the estimated cost of the program if requirements 
     are modified; and
       ``(III) the extent to which funding from other programs 
     will need to be reduced to cover the cost growth of the 
     program.

       ``(3) Review of corrective actions.--
       ``(A) In general.--The Under Secretary for Management--
       ``(i) shall review each remediation plan required under 
     paragraph (2); and
       ``(ii) not later than 30 days after submission of a 
     remediation plan under paragraph (2), may approve the plan or 
     provide an alternative proposed corrective action.
       ``(B) Submission to congress.--Not later than 30 days after 
     the date on which the Under Secretary for Management 
     completes a review of a remediation plan under subparagraph 
     (A), the Under Secretary for Management shall submit to the 
     appropriate committees of Congress--
       ``(i) a copy of the remediation plan; and
       ``(ii) a statement describing the corrective action or 
     actions that have occurred pursuant to paragraph (2)(B)(iv) 
     for the major acquisition program at issue, with a 
     justification for each action.
       ``(c) Requirements Relating to Congressional Notification 
     if Breach Occurs.--
       ``(1) Notification to congress.--If a notification to the 
     Secretary is made under subsection (b)(1)(B) relating to a 
     breach in a major acquisition program, the Under Secretary 
     for Management shall notify the appropriate committees of 
     Congress of the breach in the next quarterly Comprehensive 
     Acquisition Status Report, as required in the matter under 
     the heading `Office of the Under Secretary for Management' in 
     title

[[Page S7163]]

     I of division F of the Consolidated Appropriations Act of 
     2016 (Public Law 114-113; 129 Stat. 2493), after receipt by 
     the Under Secretary for Management of notification under that 
     subsection.
       ``(2) Significant variances in costs or schedule.--If a 
     likely cost overrun is greater than 20 percent or a likely 
     delay is greater than 12 months from the costs and schedule 
     specified in the acquisition program baseline for a major 
     acquisition program, the Under Secretary for Management shall 
     include in the notification required in paragraph (1) a 
     written certification, with supporting explanation, that--
       ``(A) the program is essential to the accomplishment of the 
     mission of the Department;
       ``(B) there are no alternatives to the capability or asset 
     provided by the program that will provide equal or greater 
     capability in a more cost-effective and timely manner;
       ``(C) the new acquisition schedule and estimates for total 
     acquisition cost are reasonable; and
       ``(D) the management structure for the program is adequate 
     to manage and control cost, schedule, and performance.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (Public Law 107-
     296; 116 Stat. 2135) is amended by inserting after the item 
     relating to section 835 the following:

``Sec. 836. Congressional notification and other requirements for major 
              acquisition program breach.''.

     SEC. 3. REPORT ON BID PROTESTS.

       (a) Definitions.--In this section--
       (1) the term ``appropriate committees of Congress'' has the 
     meaning given the term in section 836(a) of the Homeland 
     Security Act of 2002, as added by section 2(a); and
       (2) the term ``Department'' means the Department of 
     Homeland Security.
       (b) Study and Report.--Not later than 1 year after the date 
     of enactment of this Act, the Inspector General of the 
     Department shall conduct a study, in consultation with the 
     Government Accountability Office when necessary, and submit 
     to the appropriate committees of Congress a report on the 
     prevalence and impact of bid protests on the acquisition 
     process of the Department, in particular bid protests filed 
     with the Government Accountability Office and the United 
     States Court of Federal Claims.
       (c) Contents.--The report required under subsection (b) 
     shall include--
       (1) with respect to contracts with the Department--
       (A) trends in the number of bid protests filed with Federal 
     agencies, the Government Accountability Office, and Federal 
     courts and the rate of those bid protests compared to 
     contract obligations and the number of contracts;
       (B) an analysis of bid protests filed by incumbent 
     contractors, including the rate at which those contractors 
     are awarded bridge contracts or contract extensions over the 
     period during which the bid protest remains unresolved;
       (C) a comparison of the number of bid protests and the 
     outcome of bid protests for--
       (i) awards of contracts compared to awards of task or 
     delivery orders;
       (ii) contracts or orders primarily for products compared to 
     contracts or orders primarily for services;
       (iii) protests filed pre-award to challenge the 
     solicitation compared to those filed post-award;
       (iv) contracts or awards with single protestors compared to 
     multiple protestors; and
       (v) contracts with single awards compared to multiple award 
     contracts;
       (D) a description of trends in the number of bid protests 
     filed as a percentage of contracts and as a percentage of 
     task or delivery orders by the value of the contract or order 
     with respect to--
       (i) contracts valued at more than $300,000,000;
       (ii) contracts valued at not less than $50,000,000 and not 
     more than $300,000,000;
       (iii) contracts valued at not less than $10,000,000 and not 
     more than $50,000,000; and
       (iv) contracts valued at less than $10,000,000;
       (E) an assessment of the cost and schedule impact of 
     successful and unsuccessful bid protests, as well as 
     delineation of litigation costs, filed on major acquisitions 
     with more than $100,000,000 in annual expenditures or 
     $300,000,000 in lifecycle costs;
       (F) an analysis of how often bid protestors are awarded the 
     contract that was the subject of the bid protest;
       (G) a summary of the results of bid protests in which the 
     Department took unilateral corrective action, including the 
     average time for remedial action to be completed;
       (H) the time it takes the Department to implement 
     corrective actions after a ruling or decision with respect to 
     a bid protest, and the percentage of those corrective actions 
     that are subsequently protested, including the outcome of any 
     subsequent bid protest;
       (I) an analysis of those contracts with respect to which a 
     company files a bid protest and later files a subsequent bid 
     protest; and
       (J) an assessment of the overall time spent on preventing 
     and responding to bid protests as it relates to the 
     procurement process; and
       (2) any recommendations by the Inspector General of the 
     Department relating to the study conducted under this 
     section.

                          ____________________