[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.
____________________