Sec. 322. 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 acquisition programs; and review the use of best practices. The Under Secretary for Management shall serve as chair of the Board. The Secretary shall ensure participation by other relevant Department officials with responsibilities related to acquisitions as permanent members of the Board.
The Under Secretary for Management shall designate a full time employee of the Department to oversee the operations 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 Secretary’s discretion and at any time— a new acquisition program is initiated; a major acquisition program— requires authorization to proceed from one acquisition decision event to another throughout the acquisition life cycle; is in breach (as such term is defined in section 830); 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 the appropriate acquisition level and acquisition decision authority for new acquisition programs based on the estimated eventual total expenditure to meet the mission need over the acquisition’s life cycle regardless of funding source. 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 most recently 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. The chair of the Board shall— ensure that all activities and decisions made pursuant to the Board’s responsibilities in subsection
(d)are documented in acquisition decision memorandum that includes, at a minimum— a summary of the Board’s activity or purpose for convening; the decision resulting from the Board’s activity; the rationale for the decision, including justification for any decisions made to allow acquisition programs to deviate from the Department’s acquisition management policy; and any assigned items for further action; and within 7 days after the acquisition decision memorandum is signed, submit a copy of the memorandum to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. . 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 837 the following new item: Sec. 838. Acquisition Review Board. .
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