```

[House Report 115-57]
[From the U.S. Government Publishing Office]

115th Congress   }                                       {      Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                       {      115-57

======================================================================

 
                DHS ACQUISITION REVIEW BOARD ACT OF 2017

                                _______
                                

 March 23, 2017.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. McCaul, from the Committee on Homeland Security, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1282]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 1282) to amend the Homeland Security Act of 2002 
to establish Acquisition Review Boards in the Department of 
Homeland Security, and for other purposes, having considered 
the same, report favorably thereon with an amendment and 
recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     4
Background and Need for Legislation..............................     4
Hearings.........................................................     4
Committee Consideration..........................................     5
Committee Votes..................................................     5
Committee Oversight Findings.....................................     6
New Budget Authority, Entitlement Authority, and Tax Expenditures     6
Congressional Budget Office Estimate.............................     6
Statement of General Performance Goals and Objectives............     7
Duplicative Federal Programs.....................................     7
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     7
Federal Mandates Statement.......................................     7
Preemption Clarification.........................................     7
Disclosure of Directed Rule Makings..............................     7
Advisory Committee Statement.....................................     7
Applicability to Legislative Branch..............................     7
Section-by-Section Analysis of the Legislation...................     8
Changes in Existing Law Made by the Bill, as Reported............     8

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``DHS Acquisition Review Board Act of 
2017''.

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.--The Secretary shall establish an Acquisition 
Review Board (in this section referred to as the `Board') to--
          ``(1) strengthen accountability and uniformity within the 
        Department acquisition review process;
          ``(2) review major acquisition programs; and
          ``(3) review the use of best practices.
  ``(b) Composition.--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.
  ``(c) Meetings.--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--
          ``(1) 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 requirements; or
                  ``(C) requires additional review, as determined by 
                the Under Secretary for Management; or
          ``(2) 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 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.
          ``(2) Oversee whether a proposed acquisition's business 
        strategy, resources, management, and accountability is 
        executable and is aligned to strategic initiatives.
          ``(3) Support the person with acquisition decision authority 
        for an acquisition in determining the appropriate direction for 
        such acquisition at key acquisition decision events.
          ``(4) Conduct systematic reviews of acquisitions to ensure 
        that such acquisitions are progressing in compliance with the 
        approved documents for their current acquisition phases.
          ``(5) 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.
          ``(6) 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 matters 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) Acquisition Program Baseline Report Requirement.--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--
          ``(1) 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
          ``(2) 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.
  ``(f) Report.--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:
          ``(1) For each meeting of the Board, any acquisition decision 
        memoranda.
          ``(2) Results of the systematic reviews conducted pursuant to 
        paragraph (4) of subsection (d).
          ``(3) Results of acquisition document reviews required 
        pursuant to paragraph (5) of subsection (d).
          ``(4) Activities to ensure that practices are adopted and 
        implemented throughout the Department pursuant to paragraph (6) 
        of subsection (d).
  ``(g) Definitions.--In this section:
          ``(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 
        acting through the Deputy Secretary or Under Secretary for 
        Management to--
                  ``(A) ensure 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 good 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', with respect to an acquisition, means the 
        official acquisition decision event record that includes a 
        documented record of decisions, exit criteria, and assigned 
        actions for such acquisition, as determined by the person 
        exercising acquisition decision authority for such acquisition.
          ``(5) Acquisition program.--The term `acquisition program' 
        means the process by which the Department acquires, with any 
        appropriated amounts, by contract for purchase or lease, 
        property or services (including construction) that support the 
        missions and goals of the Department.
          ``(6) 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 met in order to accomplish the goals of 
        such program.
          ``(7) 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 assessments and 
                schedules;
                  ``(E) securing stable funding that matches resources 
                to requirements;
                  ``(F) demonstrating technology, design, and 
                manufacturing maturity;
                  ``(G) using milestones and exit criteria or specific 
                accomplishments that demonstrate progress;
                  ``(H) adopting and executing standardized processes 
                with known success across programs;
                  ``(I) establishing an adequate workforce that is 
                qualified and sufficient to perform necessary 
                functions; and
                  ``(J) integrating the capabilities described in 
                subparagraphs (A) through (I) into the Department's 
                mission and business operations.
          ``(8) Major acquisition program.--The term `major acquisition 
        program' means a Department acquisition program that is 
        estimated by the Secretary to require an eventual total 
        expenditure of at least $300,000,000 (based on fiscal year 2017 
        constant dollars) over its life cycle cost.''.
  (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 further amended 
by adding after the item relating to section 835 the following new 
item:

``Sec. 836. Acquisition Review Board.''.

                          Purpose and Summary

    The purpose of H.R. 1282 is to amend the Homeland Security 
Act of 2002 (Pub. L. 107-296) to establish an Acquisition 
Review Board in the Department of Homeland Security, and for 
other purposes.
    H.R. 1282, the DHS Acquisition Review Board Act of 2017, 
seeks to ensure that the Department of Homeland Security (DHS) 
provide the accountability and consistency in oversight needed 
to manage components' major acquisition programs by authorizing 
the Acquisition Review Board (ARB).

                  Background and Need for Legislation

    The Government Accountability Office (GAO) and the DHS 
Office of Inspector General (OIG) have consistently reported on 
the longstanding challenges DHS faces in managing its major 
acquisition programs, which cost the Department over $7 billion 
each year. Every 2 years, GAO identifies areas in the Federal 
Government that are ``high risk'' due to their vulnerabilities 
to fraud, waste, abuse, and mismanagement. Since 2003, GAO has 
identified DHS's transformation of 22 agencies into one 
department, and the Department's subsequent challenges with its 
management functions, as high risk. In GAO's 2017 high risk 
update, GAO noted that DHS has made progress in addressing its 
management challenges, but has not yet completed all the 
necessary actions to fully address acquisition management. 
Additionally, the OIG reports annually on major management 
challenges facing the Department. In November 2016, the OIG 
identified challenges in DHS's management of acquisition 
programs. The Inspector General found that although DHS has 
taken steps to improve acquisition management, it still 
struggles to ensure that major acquisition programs cost what 
was originally estimated, are delivered on schedule, and 
provide the capabilities originally intended.
    The Department's Acquisition Review Board (ARB) is the 
mechanism by which senior Department officials provide critical 
oversight of major acquisition programs. H.R. 1282 authorizes 
the ARB and requires it to validate foundational acquisition 
documents, such as the Acquisition Program Baseline that 
establishes key cost, schedule, and performance requirements, 
and requires the ARB to review such requirements. By 
establishing the ARB in law and laying out its 
responsibilities, Congress can ensure that this vital oversight 
mechanism continues to contribute to DHS' progress toward 
improving its oversight of major acquisition programs.

                                Hearings

    No hearings were specifically held on H.R. 1282. However, 
the Committee held oversight hearings on acquisition 
management, as listed below.

  114th Congress

    On February 26, 2015, the Subcommittee on Oversight and 
Management Efficiency held a hearing entitled ``Assessing DHS's 
Performance: Watchdog Recommendations to Improve Homeland 
Security.'' The Subcommittee received testimony from The 
Honorable John Roth, Inspector General, U.S. Department of 
Homeland Security; Ms. Rebecca Gambler, Director, Homeland 
Security and Justice, U.S. Government Accountability Office; 
and Dr. Daniel M. Gerstein, Senior Policy Researcher, The RAND 
Corporation.
    On April 22, 2015, the Subcommittee on Oversight and 
Management Efficiency held a hearing entitled ``Acquisition 
Oversight: How Effectively is DHS Safeguarding Taxpayer 
Dollars?'' The Subcommittee received testimony from Ms. Michele 
Mackin, Director, Acquisition and Sourcing Management, U.S. 
Government Accountability Office; The Honorable Chip Fulghum, 
Acting Deputy Undersecretary for Management and Chief Financial 
Officer, U.S. Department of Homeland Security; and Dr. Cedric 
Sims, Partner, Evermay Consulting Group.
    On September 18, 2015, the Subcommittee on Oversight and 
Management Efficiency held a hearing entitled ``Making DHS More 
Efficient: Industry Recommendations to Improve Homeland 
Security.'' The Subcommittee received testimony from Mr. Marc 
Pearl, President and Chief Executive Officer, Homeland Security 
and Defense Business Counsel; Mr. Harry Totonis, Board 
Director, Business Executives for National Security; and Ms. 
Elaine Duke, Principal, Elaine Duke & Associates, LLC.

    115th Congress
    On February 16, 2017, the Subcommittee on Oversight and 
Management Efficiency held a hearing entitled ``Watchdog 
Recommendations: A Better Way Ahead to Manage the Department of 
Homeland Security.'' The Subcommittee received testimony from 
The Honorable John Roth, Inspector General, U.S. Department of 
Homeland Security, and Ms. Rebecca Gambler, Director, Homeland 
Security and Justice, U.S. Government Accountability Office.

                        Committee Consideration

    The Committee met on March 8, 2017, to consider H.R. 1282, 
and ordered the measure to be reported to the House with a 
favorable recommendation, as amended, by voice vote. The 
Committee took the following actions:
    The following amendment was offered:
 An amendment offered by Mr. Thompson of Mississippi (#1); was 
AGREED TO by voice vote.
     At page 5, line 20 insert new subsection entitled ``(f) Report.'' 
and make conforming changes.

                            Committee Votes

    Clause 3(b) of Rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    No recorded votes were requested during consideration of 
H.R. 1282.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of Rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
1282, the DHS Acquisition Review Board Act of 2017, would 
result in no new or increased budget authority, entitlement 
authority, or tax expenditures or revenues.

                  Congressional Budget Office Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.
                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 22, 2017.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1282, the DHS 
Acquisition Review Board Act of 2017.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                             Mark P. Hadley
                                         (For Keith Hall, Director)
    Enclosure.

H.R. 1282--DHS Acquisition Review Board Act of 2017

    H.R. 1282 would direct the Department of Homeland Security 
(DHS) to establish an Acquisition Review Board to review major 
acquisition programs and enhance accountability and uniformity 
in the review process for DHS acquisitions. The bill's 
requirements are largely consistent with existing DHS 
procurement policies. Therefore, CBO estimates that 
implementing H.R. 1282 would cost less than $500,000 annually; 
such spending would be subject to the availability of 
appropriated funds.
    Enacting the legislation would not affect direct spending 
or revenues; therefore, pay-as-you-go procedures do not apply. 
CBO estimates that enacting H.R. 1282 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2028.
    H.R. 1282 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Mark Grabowicz. 
The estimate was approved by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the 
House of Representatives, H.R. 1282 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    The purpose of H.R. 1282, the DHS Acquisition Review Board 
Act of 2017, is to codify in law certain acquisition management 
oversight mechanisms in the Department of Homeland Security.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of Rule XIII, the Committee finds 
that H.R. 1282 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with Rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the Rule 
XXI.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                        Preemption Clarification

    In compliance with section 423 of the Congressional Budget 
Act of 1974, requiring the report of any Committee on a bill or 
joint resolution to include a statement on the extent to which 
the bill or joint resolution is intended to preempt State, 
local, or Tribal law, the Committee finds that H.R. 1282 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 1282 would require no 
directed rule makings.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation

Section 1.   Short Title.

    This section provides that this bill may be cited as the 
``DHS Acquisition Review Board Act of 2017''.

Sec. 2.   Acquisition Review Board.

    Section 2 amends subtitle D of title VIII of the Homeland 
Security Act by codifying the Acquisition Review Board (ARB) 
and requiring the ARB to review foundational acquisition 
documents of each major acquisition program, including the 
Acquisition Program Baseline that contains cost, schedule, and 
performance requirements. Because the ARB already exists in the 
Department, section 2 does not create a new board.
    Section 2 includes provisions to strengthen accountability 
and uniformity within the DHS acquisition review process and 
identifies ARB participants. To ensure component buy-in, this 
section also requires at least two component heads or their 
designees permanently serve on the Board. Additionally, this 
section seeks to prevent delays in the acquisition process by 
requiring the ARB to meet regularly to ensure all major 
acquisition programs proceed through the acquisition process in 
a timely manner.
    Section 2 establishes responsibilities for the ARB and, 
among other things, authorizes it to conduct systematic reviews 
of acquisitions and consider tradeoffs among cost, schedule, 
and performance objectives as part of the process for 
developing requirements. Further, if the Under Secretary for 
Management (USM) approves a major acquisition program to 
proceed without an APB, section 2 requires the Secretary to 
provide a report to Congress with the justification for the 
decision. Section 2 also requires the USM to provide important 
acquisition oversight documentation to the House and Senate 
Committees on Homeland Security to enhance congressional 
oversight of major acquisition programs. For example, the USM 
must provide acquisition decision memorandums for each ARB 
held, which provide key information on meeting participants, 
outcomes, and the health of the program. This section also 
includes relevant definitions related to acquisition 
management.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

                     HOMELAND SECURITY ACT OF 2002

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Homeland 
Security Act of 2002''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

     * * * * * * *

 TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; 
      UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS

     * * * * * * *

                        Subtitle D--Acquisitions

     * * * * * * *
Sec. 836. Acquisition Review Board.

           *       *       *       *       *       *       *

TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; 
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS

           *       *       *       *       *       *       *

Subtitle D--Acquisitions

           *       *       *       *       *       *       *

SEC. 836. ACQUISITION REVIEW BOARD.

  (a) In General.--The Secretary shall establish an Acquisition 
Review Board (in this section referred to as the ``Board'') 
to--
          (1) strengthen accountability and uniformity within 
        the Department acquisition review process;
          (2) review major acquisition programs; and
          (3) review the use of best practices.
  (b) Composition.--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.
  (c) Meetings.--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--
          (1) 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 
                requirements; or
                  (C) requires additional review, as determined 
                by the Under Secretary for Management; or
          (2) 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 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.
          (2) Oversee whether a proposed acquisition's business 
        strategy, resources, management, and accountability is 
        executable and is aligned to strategic initiatives.
          (3) Support the person with acquisition decision 
        authority for an acquisition in determining the 
        appropriate direction for such acquisition at key 
        acquisition decision events.
          (4) Conduct systematic reviews of acquisitions to 
        ensure that such acquisitions are progressing in 
        compliance with the approved documents for their 
        current acquisition phases.
          (5) 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.
          (6) 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 matters 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) Acquisition Program Baseline Report Requirement.--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--
          (1) 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
          (2) 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.
  (f) Report.--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:
          (1) For each meeting of the Board, any acquisition 
        decision memoranda.
          (2) Results of the systematic reviews conducted 
        pursuant to paragraph (4) of subsection (d).
          (3) Results of acquisition document reviews required 
        pursuant to paragraph (5) of subsection (d).
          (4) Activities to ensure that practices are adopted 
        and implemented throughout the Department pursuant to 
        paragraph (6) of subsection (d).
  (g) Definitions.--In this section:
          (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 acting through the Deputy 
        Secretary or Under Secretary for Management to--
                  (A) ensure 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 good 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'', with respect to an 
        acquisition, means the official acquisition decision 
        event record that includes a documented record of 
        decisions, exit criteria, and assigned actions for such 
        acquisition, as determined by the person exercising 
        acquisition decision authority for such acquisition.
          (5) Acquisition program.--The term ``acquisition 
        program'' means the process by which the Department 
        acquires, with any appropriated amounts, by contract 
        for purchase or lease, property or services (including 
        construction) that support the missions and goals of 
        the Department.
          (6) 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 
        met in order to accomplish the goals of such program.
          (7) 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 assessments and 
                schedules;
                  (E) securing stable funding that matches 
                resources to requirements;
                  (F) demonstrating technology, design, and 
                manufacturing maturity;
                  (G) using milestones and exit criteria or 
                specific accomplishments that demonstrate 
                progress;
                  (H) adopting and executing standardized 
                processes with known success across programs;
                  (I) establishing an adequate workforce that 
                is qualified and sufficient to perform 
                necessary functions; and
                  (J) integrating the capabilities described in 
                subparagraphs (A) through (I) into the 
                Department's mission and business operations.
          (8) Major acquisition program.--The term ``major 
        acquisition program'' means a Department acquisition 
        program that is estimated by the Secretary to require 
        an eventual total expenditure of at least $300,000,000 
        (based on fiscal year 2017 constant dollars) over its 
        life cycle cost.

           *       *       *       *       *       *       *

                                  [all]
```