[Congressional Record Volume 165, Number 96 (Monday, June 10, 2019)]
[House]
[Pages H4372-H4373]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                DHS ACQUISITION REVIEW BOARD ACT OF 2019

  Mr. CORREA. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 2609) to amend the Homeland Security Act of 2002 to 
establish the Acquisition Review Board in the Department of Homeland 
Security, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2609

       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 2019''.

     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.--
       ``(1) Chair.--The Under Secretary for Management shall 
     serve as chair of the Board.
       ``(2) Participation.--The Secretary shall ensure 
     participation by other relevant Department officials with 
     responsibilities related to acquisitions as permanent members 
     of the Board.
       ``(3) Oversight.--The Under Secretary for Management shall 
     designate a full time employee of the Department to oversee 
     the operations 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 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 7 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 written 
     explanation of the rationale for such decision and a plan of 
     action to address acquisition program baseline requirements 
     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 2024 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

[[Page H4373]]

     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 2019 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 amended by inserting 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 
California (Mr. Correa) and the gentleman from Texas (Mr. Crenshaw) 
each will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. CORREA. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days to revise and extend their remarks and to 
include extraneous materials on this measure.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. CORREA. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, every year, the Department of Homeland Security invests 
billions of dollars on major acquisition programs to execute its 
critical missions. It acquires systems vital to homeland security, 
including ships for the U.S. Coast Guard and baggage screening systems 
for the Transportation Security Administration.
  However, DHS' acquisition activities are on the Government 
Accountability Office's ``High Risk List'' because of management and 
funding concerns. In fact, according to GAO, only 10 of the 24 major 
acquisition programs have approved schedule and cost goals and are on 
track to meet those goals.
  Given these challenges, it is critical that DHS review its major 
acquisition programs for proper management, oversight, and 
accountability.
  This bill, the DHS Acquisition Review Board Act of 2019, seeks to 
strengthen the role of the Acquisition Review Board, or ARB, to improve 
acquisition outcomes within the Department of Homeland Security. The 
ARB has the potential to help ensure that DHS does not pursue programs 
that it can't afford or that do not meet established cost, schedule, 
and performance thresholds.
  Mr. Speaker, the enactment of H.R. 2609 is one mechanism within the 
Department to help ensure that programs are on time, on budget, and in 
line with the Department's mission.
  Mr. Speaker, I urge my House colleagues to support this legislation, 
and I reserve the balance of my time.
  Mr. CRENSHAW. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of my bill, H.R. 2609, the DHS 
Acquisition Review Board Act of 2019.
  The Government Accountability Office and the Department of Homeland 
Security Office of Inspector General have both identified weaknesses in 
the Department's management of its major acquisition programs. Poor 
management of these programs costs the Department billions of dollars 
each year.
  GAO has placed DHS management functions, including acquisition 
management, on its ``High Risk List,'' programs that are highly 
susceptible to fraud, waste, abuse, or mismanagement or are in need of 
transformation.
  The Department struggles to ensure that major acquisitions are 
delivered on schedule, provide the capabilities needed, and do not 
exceed budget. In recent years, GAO has identified 9 out of 26 major 
acquisition programs that experienced cost growth or schedule slips. 
Cost overruns totaled $988 million, and schedules frequently slipped by 
an average of 6 months.
  GAO also determined that approximately half of major acquisition 
programs deployed capabilities before all key performance parameters 
had been met.
  It is essential that DHS establish better management tools to provide 
accountability in its major acquisition programs and ensure that 
problems are identified and addressed early.
  My bill requires DHS to establish mechanisms for accountability to 
better manage components' major acquisition programs by establishing an 
Acquisition Review Board within DHS. The board would oversee DHS' 
acquisition process, review major acquisition programs, and evaluate 
the use of best practices.
  The Under Secretary for Management will serve as the chair of the 
board, and the board would be required to meet regularly. The board 
would be responsible for determining if a proposed acquisition has met 
planning requirements necessary to move into the production and 
deployment phases.
  It would also oversee a major acquisitions business strategy. The 
board will review the cost tradeoffs, schedules, and performance 
objectives of the programs.
  As we seek to ensure the homeland is protected and DHS has the 
resources it needs to do its job, we must also ensure that taxpayer 
dollars are being spent efficiently and effectively.
  Mr. Speaker, I urge my colleagues to support H.R. 2609, and I reserve 
the balance of my time.
  Mr. CORREA. Mr. Speaker, I thank my colleague from Texas for that 
fine piece of legislation.
  Mr. Speaker, I have no further speakers, and I am prepared to close 
after the gentleman from the State of Texas (Mr. Crenshaw) closes.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CRENSHAW. Mr. Speaker, I urge adoption of the bill, and I yield 
back the balance of my time.
  Mr. CORREA. Mr. Speaker, H.R. 2609 has the potential of fostering 
accountability and uniformity within the Department's acquisition 
programs.
  A version of this legislation was passed by the House by a voice vote 
in the 115th Congress, and I urge my colleagues to do the same again 
today.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Correa) that the House suspend the rules 
and pass the bill, H.R. 2609.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. CORREA. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

                          ____________________