Sec. 221. Acquisition Review Board
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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: The Secretary shall establish an Acquisition Review Board (in this section referred to as the Board ) to— strengthen accountability and uniformity within the Department acquisition review process; review major acquisition programs; and review the use of best practices. The Under Secretary for Management shall serve as chair of the Board.
The Secretary shall also ensure participation by other relevant Department officials, including at least two component heads or their designees, as permanent members of the Board. 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 discretion of the Secretary and at any time— a major acquisition program— requires authorization to proceed from one acquisition decision event to another throughout the acquisition life cycle; is in breach of its approved requirements; or requires additional review, as determined by the Under Secretary for Management; or a non-major acquisition program requires review, as determined by the Under Secretary for Management.
The responsibilities of the Board are as follows: 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. Oversee whether a proposed acquisition’s business strategy, resources, management, and accountability is executable and is aligned to strategic initiatives. Support the person with acquisition decision authority for an acquisition in determining the appropriate direction for such acquisition at key acquisition decision events.
Conduct systematic reviews of acquisitions to ensure that such acquisitions are progressing in compliance with the approved documents for their current acquisition phases. 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. 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:
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. Full consideration is given to possible trade-offs among cost, schedule, and performance objectives for each alternative. 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— within seven 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 within 60 days after the acquisition decision memorandum is signed, submit to such committees a report stating the rationale for such decision and a plan of action to require an acquisition program baseline for such program.
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 2022 on the activities of the Board for the prior fiscal year that includes information relating to the following: For each meeting of the Board, any acquisition decision memoranda. Results of the systematic reviews conducted pursuant to paragraph
(4)of subsection (d). Results of acquisition document reviews required pursuant to paragraph
(5)of subsection (d). Activities to ensure that practices are adopted and implemented throughout the Department pursuant to paragraph
(6)of subsection (d). . The table of contents in section 1(b) of the Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq.) is further amended by adding after the item relating to section 835 the following new item: Sec. 836. Acquisition Review Board. .
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