[Congressional Record Volume 167, Number 199 (Tuesday, November 16, 2021)]
[House]
[Pages H6294-H6296]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1345
                DHS ACQUISITION REVIEW BOARD ACT OF 2021

  Mr. CORREA. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 5652) 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. 5652

       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 2021''.

     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.--There is established in the Department 
     an Acquisition Review Board (in this section referred to as 
     the `Board') to support the Under Secretary for Management in 
     managing the Department's acquisitions.
       ``(b) Composition.--
       ``(1) Chair.--The Under Secretary for Management shall 
     serve as chair of the Board.
       ``(2) Oversight.--The Under Secretary for Management may 
     designate an employee of the Department to oversee the 
     operations of the Board.
       ``(3) Participation.-- The Under Secretary for Management 
     shall ensure participation by other relevant Department 
     officials with responsibilities related to acquisitions as 
     permanent members of the Board, including the following:
       ``(A) The Chair of the Joint Requirements Council.
       ``(B) The Chief Financial Officer.
       ``(C) The Chief Human Capital Officer.
       ``(D) The Chief Information Officer.
       ``(E) The Chief Procurement Officer.
       ``(F) The Chief Readiness Support Officer.
       ``(G) The Chief Security Officer.
       ``(H) The Director of the Office of Test and Evaluation.
       ``(I) Other relevant senior Department officials, as 
     designated by the Under Secretary for Management.
       ``(c) Meetings.--The Board shall meet regularly for 
     purposes of evaluating the progress and status of an 
     acquisition program. The Board shall convene at the Under 
     Secretary for Management's discretion, and at such time as--
       ``(1) a new acquisition program is initiated;
       ``(2) 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 acquisition program 
     baseline; or
       ``(C) requires additional review, as determined by the 
     Under Secretary for Management; or
       ``(3) 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 the appropriate acquisition level and 
     acquisition decision authority for new acquisition programs 
     based on the estimated eventual total expenditure of each 
     such program to satisfy the mission need of the Department 
     over the life-cycle of such acquisition regardless of funding 
     source.
       ``(2) 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.
       ``(3) Oversee whether a proposed acquisition's business 
     strategy, resources, management, and accountability is 
     executable and is aligned with the mission and strategic 
     goals of the Department.
       ``(4) Support the person with acquisition decision 
     authority for an acquisition in determining the appropriate 
     direction for such acquisition at key acquisition decision 
     events.
       ``(5) Conduct systematic reviews of acquisitions to ensure 
     that such acquisitions are progressing in accordance with 
     best practices and in compliance with the most recently 
     approved documents for such acquisitions' current acquisition 
     phases.
       ``(6) 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.
       ``(7) 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 concerns 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) Documentation.--
       ``(1) In general.--The chair of the Board shall ensure that 
     all actions and decisions made pursuant to the 
     responsibilities of the Board under subsection (d) are 
     documented in an acquisition decision memorandum that 
     includes--
       ``(A) a summary of the action at issue or purpose for 
     convening a meeting under subsection (c);
       ``(B) the decision with respect to actions discussed during 
     such meeting;
       ``(C) the rationale for such a decision, including 
     justifications for any such decision made to allow 
     acquisition programs to deviate from the acquisition 
     management policy of the Department;
       ``(D) any assigned items for further action; and
       ``(E) the signature of the chair verifying the contents of 
     such memorandum.
       ``(2) Submission of memorandum.--Not later than seven days 
     after the date on which the acquisition decision memorandum 
     is signed by the chair pursuant to paragraph (1)(E), the 
     chair shall submit to the Secretary, the Committee on 
     Homeland Security of the House of Representatives, and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate a copy of such memorandum.
       ``(f) Definitions.--In this section:

[[Page H6295]]

       ``(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 to--
       ``(A) ensure acquisition programs are in 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 appropriate 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' means the official 
     documented record of decisions, including the rationale for 
     such decisions and any assigned actions, for the acquisition 
     at issue, as determined by the person exercising acquisition 
     decision authority for such acquisition.
       ``(5) 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 satisfied to accomplish the goals of 
     such program.
       ``(6) 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 
     that account for the entire life-cycle of such an acquisition 
     ;
       ``(E) securing stable funding that matches resources to 
     requirements before initiating such development;
       ``(F) demonstrating technology, design, and manufacturing 
     maturity before initiating production of the item that is the 
     subject of such acquisition;
       ``(G) using milestones and exit criteria or specific 
     accomplishments that demonstrate the attainment of knowledge 
     to support progress;
       ``(H) regularly assessing and managing risks to achieving 
     requirements and cost and schedule goals;
       ``(I) adopting and executing standardized processes with 
     known success across programs;
       ``(J) establishing an adequate workforce that is qualified 
     and sufficient to perform necessary functions; and
       ``(K) integrating the capabilities described in 
     subparagraphs (A) through (J).
       ``(7) Major acquisition program.--The term `major 
     acquisition program' means--
       ``(A) a Department capital asset, service, or hybrid 
     acquisition program that is estimated by the Secretary to 
     require an eventual total expenditure of at least $300 
     million (based on fiscal year 2022 constant dollars) over its 
     life-cycle cost; or
       ``(B) a program identified by the Under Secretary for 
     Management as a program of special interest.
       ``(8) Non-major acquisition program.--The term `non-major 
     acquisition program' means a Department capital asset, 
     service, or hybrid acquisition program that is estimated by 
     the Secretary to require an eventual total expenditure of 
     less than $300,000,000 (based on fiscal year 2022 constant 
     dollars) over its life-cycle.''.
       (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 New Jersey (Mr. Van 
Drew) each will control 20 minutes.


                             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 include 
extraneous material 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, each year, the Department of Homeland Security spends 
billions of dollars on its major acquisition programs to execute its 
most critical missions. It acquires systems vital to homeland security, 
including those used to screen travelers, enhance cybersecurity, and 
improve disaster response.
  However, over the past decade, the Government Accountability Office, 
or GAO, has repeatedly raised alarms regarding DHS' management of its 
acquisition programs.
  Earlier this year, the GAO reviewed 24 major acquisition programs 
that DHS is pursuing. Ten had been in breach of their cost or schedule 
goals, or both, at some point during fiscal year 2020.
  Given the complexity of DHS' acquisition programs, it is critical 
that there be a standing oversight body to give major acquisition 
programs the attention they deserve. At DHS, the Acquisition Review 
Board is just that body.
  H.R. 5652, the DHS Acquisition Review Board Act of 2021, seeks to 
strengthen the role of the Acquisition Review Board, or ARB, to improve 
acquisition outcomes at DHS.
  The ARB is charged with reviewing major acquisition programs for 
proper management, oversight, accountability, and alignment with DHS' 
strategic functions.
  The ARB can intercede when it identifies a program with significant 
cost, schedule, or performance issues and drive a course correction or 
even terminate such a program.
  Passage of H.R. 5652 will help stabilize oversight within DHS when it 
comes to major acquisitions, which, according to GAO, is a high-risk 
activity, by codifying the Board into law.
  Most importantly, the bill also authorizes the Board to not only 
review major acquisitions but also to review certain acquisitions that 
are valued below $300 million but are critical to the Department's 
success.
  Mr. Speaker, I urge my colleagues to support the DHS Acquisition 
Review Board Act, and I reserve the balance of my time.
  Mr. VAN DREW. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of my bill, H.R. 5652, the DHS 
Acquisition Review Board Act of 2021.
  The Department of Homeland Security invests billions of dollars each 
year in its major acquisitions. These programs include buying IT 
systems to help secure our border, Coast Guard cutters to increase 
marine safety, and tools to help TSA screen travelers more efficiently. 
These acquisitions, and others, enable the Department to execute its 
many critical missions.
  In fiscal year 2021 alone, DHS planned to spend more than $7 billion 
on its major acquisition programs, and ultimately, the Department plans 
to spend more than $200 billion over the programs' entire life cycles.
  However, the Government Accountability Office, GAO, and the DHS 
Office of the Inspector General, OIG, have reported on the longstanding 
challenges DHS faces in managing its major acquisition programs, which 
began with the inception of the Department and continue to this day.
  For example, in January 2021, GAO reported that of the 24 major 
acquisition programs it audited, 10 had been in breach of their cost or 
scheduled goals, or both, at some point during fiscal year 2020.
  Also, in 2018, the OIG reported that DHS components have an ongoing 
tendency to acquire systems before they adequately define their 
requirements or develop performance measures. We cannot allow this to 
continue.
  Given these challenges and the significant level of DHS investment in 
these programs, it is important for Congress to ensure that the proper 
oversight structures are in place. That is exactly what this bill 
intends to do.
  This bill amends the Homeland Security Act to include the DHS 
Acquisition Review Board, which has already been formed by the 
Department.
  The bill outlines specific responsibilities and parameters for the 
Board, which it exercises today, including its membership and how often 
the Board should meet, such as at certain key points in the programs' 
life cycles.
  The Board is held at the Department level and is chaired by the 
acquisition

[[Page H6296]]

decision authority--normally, the Under Secretary for Management or a 
designee--and consists of individuals who manage DHS' mission 
objectives, resources, and contracts.
  The Board's primary oversight role is to review major acquisition 
programs for proper management, oversight, accountability, and 
alignment with the Department's strategic functions.
  The Board keeps acquisition programs accountable to the Department, 
Congress, and the American taxpayer, most importantly, by doing the 
following.
  First, it ensures that the Department considers tradeoffs between 
cost, schedule, and performance before approving a program to proceed 
to the next phase of acquisition.
  Second, it determines whether programs are using acquisition best 
practices.
  Third, it requires senior DHS leaders to review the programs' 
progress and see that the program requirements are being met as they 
should.
  This bill also requires the Board to document the actions and the 
decisions that it makes, including rationale for its decisions, which 
are then submitted to the Committee on Homeland Security in the House 
and the Committee on Homeland Security and Governmental Affairs in the 
Senate.

  In conclusion, this bill simply proposes to codify better oversight, 
management, and accountability of the Department's acquisitions.
  Mr. Speaker, I thank my colleague, Congresswoman Demings, for 
reaching across the aisle and cosponsoring this commonsense bill with 
me. I also thank Ranking Member Katko and Representatives Garbarino, 
Higgins, and Miller-Meeks for cosponsoring this bill as well.
  Mr. Speaker, I urge my colleagues to support H.R. 5652, and I yield 
back the balance of my time.
  Mr. CORREA. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, H.R. 5652 strengthens the Acquisition Review Board, one 
very important mechanism within DHS that can help ensure that 
acquisition programs are delivered on time and on budget, and in-line 
with DHS missions.
  A version of this bill passed the House in both the 115th and 116th 
Congresses, and I thank the gentleman from New Jersey (Mr. Van Drew) 
for sponsoring the legislation in this Congress.
  Mr. Speaker, I urge my colleagues to support the DHS Acquisition 
Review Board Act, and 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. 5652.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________