[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.
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