[Congressional Record Volume 163, Number 183 (Thursday, November 9, 2017)]
[Senate]
[Pages S7160-S7162]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
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:
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``(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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