Sec. 404. 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. ), as amended by this Act, is further 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; and review— acquisition programs; and the use of best practices. The Board shall be composed of the following members:
The Chair of the Joint Requirements Council. The Chief Financial Officer. The Chief Human Capital Officer. The Chief Information Officer. The Chief Procurement Officer. The Chief Readiness Support Officer. The Chief Security Officer. The Director of the Office of Test and Evaluation. Other relevant senior Department officials, as designated by the Under Secretary for Management. The Under Secretary for Management shall serve as chair of the Board. 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 life-cycle of the acquisition 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 the business strategy, resources, management, and accountability of a proposed acquisition is executable and aligned with the mission and strategic goals of the Department.
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 operational requirements for major acquisition programs prior to the initiation of the second acquisition decision event, including— ensuring Department officials responsible for acquisition, performance, budget, and cost estimating functions— are provided with the appropriate opportunity to develop estimates; and raise concerns, where appropriate, related to cost, schedule, and performance before operational requirements are established for capabilities when feasible; and considering possible trade-offs among cost, schedule, and performance objectives for each alternative.
The Board shall meet regularly for purposes of ensuring all acquisitions proceed in a timely fashion to achieve mission readiness. The Board shall convene at the discretion of the Under Secretary for Management 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; 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 chair of the Board shall ensure that all activities and decisions made pursuant to the responsibilities of the Board required under subsection
(c)are documented in an acquisition decision memorandum that includes— a summary of the activity or purpose for convening a meeting; the decision with respect to activities discussed during such meeting; the rationale for such a decision, including justifications for any decision made to allow acquisition programs to deviate from the acquisition management policy of the Department; any assigned items for further action; and the signature of the chair verifying the contents of such 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. . The table of contents in section 1(b) of the Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. ), as amended by this Act, 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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