H.R. 2609House116th Congress (2019-2021)Passed House

DHS Acquisition Review Board Act of 2019

Introduced May 9, 2019

AI-Generated Summary

Updated April 14, 2026 at 4:56 AM UTC

The DHS Acquisition Review Board Act of 2019 creates a new Acquisition Review Board within the Department of Homeland Security. The board is meant to improve accountability, consistency, and oversight of the department’s major acquisition programs and to promote best‑practice acquisition methods. It affects DHS officials involved in acquisitions and provides Congress with regular reports on the board’s activities.

Key Provisions

  • Establishes an Acquisition Review Board chaired by the Under Secretary for Management, with other senior acquisition officials as permanent members.
  • Requires the board to meet regularly and to convene whenever a major acquisition program needs authorization, is out of compliance, or needs additional review, and also for non‑major programs as needed.
  • Gives the board authority to assess whether acquisitions meet phase requirements, align with strategic goals, and properly balance cost, schedule, and performance trade‑offs.
  • Mandates reporting to the House and Senate Homeland Security committees: notification of major acquisition decisions within 7 days and a detailed rationale within 60 days, plus annual activity reports through FY2024.
  • Sets a requirement that if a major program proceeds without an approved baseline, the Under Secretary must produce a baseline report and a corrective action plan.

Legislative Activity

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14 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

June 12, 2019

View full timeline
HouseIntro Referral

Introduced in House

May 9, 2019

HouseIntro Referral

Referred to the House Committee on Homeland Security.

May 9, 2019

HouseCommittee

Committee Consideration and Mark-up Session Held.

May 15, 2019

HouseCommittee

Ordered to be Reported by Unanimous Consent.

May 15, 2019

HouseCommittee

Reported by the Committee on Homeland Security. H. Rept. 116-96.

May 30, 2019

HouseCalendars

Placed on the Union Calendar, Calendar No. 71.

May 30, 2019

HouseFloor

Mr. Correa moved to suspend the rules and pass the bill.

June 10, 2019 • 3:50 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H4372-4373)

June 10, 2019 • 3:50 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 2609.

June 10, 2019 • 3:50 PM

HouseFloor

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

June 10, 2019 • 3:56 PM

HouseFloor

Considered as unfinished business. (consideration: CR H4423)

June 11, 2019 • 4:25 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 419 - 0 (Roll no. 248).(text: CR 6/10/2019 H4372-4373)

June 11, 2019 • 4:33 PM

HouseFloor

On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 419 - 0 (Roll no. 248). (text: CR 6/10/2019 H4372-4373)

June 11, 2019 • 4:33 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

June 11, 2019 • 4:33 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

June 12, 2019

Floor Debate

22 members

What members said about H.R. 2609 on the floor

11 Republicans11 Democrats
Kevin McCarthy
Rep. Kevin McCarthyR-CA-23 · Jun 11, 2019

Mr. Speaker, I thank the gentlewoman for yielding. Mr. Speaker, Special Counsel Mueller officially ended his investigation several weeks ago. His office is closed. Because of Attorney General Barr,…

James P. McGovern
Rep. James P. McGovernD-MA-2 · Jun 11, 2019

Mr. Speaker, pursuant to House Resolution 431, I call up the resolution (H. Res. 430) authorizing the Committee on the Judiciary to initiate or intervene in judicial proceedings to enforce certain…

Doug Collins
Rep. Doug CollinsR-GA-9 · Jun 11, 2019

Mr. Speaker, I rise in strong opposition to H. Res. 430, a resolution authorizing the Committee on the Judiciary to initiate or intervene in judicial proceedings to enforce certain subpoenas, and for…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Jun 11, 2019

Mr. Speaker, I think it is appropriate to correct a number of statements that have been made on the floor. First of all, this is not the end. Director Mueller made this the beginning. When he…

Debbie Lesko
Rep. Debbie LeskoR-AZ-8 · Jun 11, 2019

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise today in opposition of H. Res. 430. It is disappointing that we are here again debating a measure that will have absolutely…

Show 8 more
Nancy Pelosi
Rep. Nancy PelosiD-CA-12 · Jun 11, 2019

Mr. Speaker, I thank the gentleman for yielding, and I thank him for giving us this opportunity to protect and defend the Constitution of the United States, which is our oath of office. Let me salute…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Jun 11, 2019

Mr. Speaker, I am pleased to follow the gentleman from Georgia. I have a card in my hand. This is a Member's identification. There is no designation of party on this card. This card designates 435 of…

Elijah E. Cummings
Rep. Elijah E. CummingsD-MD-7 · Jun 11, 2019

Mr. Speaker, I rise in strong support of this resolution. Mr. Speaker, the Trump administration is engaged in one of the most unprecedented coverups since Watergate, and it is not just about Russia.…

Jerrold Nadler
Rep. Jerrold NadlerD-NY-10 · Jun 11, 2019

Mr. Speaker, I thank the gentleman for yielding. Mr. Speaker, when a congressional committee issues a subpoena, compliance is not optional. We expect witnesses to testify when summoned. We expect the…

Andy Biggs
Rep. Andy BiggsR-AZ-5 · Jun 11, 2019

Mr. Speaker, I thank the gentlewoman for yielding. I oppose this resolution. The subpoena for Attorney General Barr is unenforceable on its face. It demands the full and unredacted Mueller report,…

J. Luis Correa
Rep. J. Luis CorreaD-CA-46 · Jun 10, 2019

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 2609) to amend the Homeland Security Act of 2002 to establish the Acquisition Review Board in the Department of Homeland Security, and…

Dan Crenshaw
Rep. Dan CrenshawR-TX-2 · Jun 10, 2019

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise today in support of my bill, H.R. 2609, the DHS Acquisition Review Board Act of 2019. The Government Accountability Office…

Rob Woodall
Rep. Rob WoodallR-GA-7 · Jun 11, 2019

Mr. Speaker, I thank my friend on the Rules Committee for yielding. Mr. Speaker, I have been listening to the debate intently. I don't disagree with much of what my friend from Tennessee had to say.…

Show 11 more
Ben Cline
Rep. Ben ClineR-VA-6 · Jun 11, 2019

Mr. Speaker, I thank the gentlewoman for yielding time, and I want to recognize the gentlewoman from Texas for her remarks because, as a fellow member of the Judiciary Committee, we all stand for the…

Tom McClintock
Rep. Tom McClintockR-CA-4 · Jun 11, 2019

Mr. Speaker, there is a reason for the abusive rhetoric from the left. For 2\1/2\ years, they peddled a monstrous lie that Donald Trump is colluding with a hostile foreign government. They concocted…

Maxine Waters
Rep. Maxine WatersD-CA-43 · Jun 11, 2019

Mr. Speaker, I thank the gentleman from Massachusetts (Mr. McGovern) for yielding. Mr. Speaker, I strongly support H. Res. 430, which authorizes litigation to compel Attorney General Barr to provide…

Steve Cohen
Rep. Steve CohenD-TN-9 · Jun 11, 2019

Mr. Speaker, this is an opportunity for Congress to reassert itself as an equal branch of government. The fact that it is supposed to be three equal branches of government is not totally accurate.…

Steve Chabot
Rep. Steve ChabotR-OH-1 · Jun 11, 2019

I thank the gentlewoman for yielding, Mr. Speaker, and I rise in opposition to this resolution. It seems to allow Democrats on the Judiciary Committee to go to essentially whatever court they want to…

Ted Lieu
Rep. Ted LieuD-CA-33 · Jun 11, 2019

Mr. Speaker, the issue today is very simple. It is simply about the right of the American people and Congress to get information. That is it. All this resolution does is allow us to enforce…

Louie Gohmert
Rep. Louie GohmertR-TX-1 · Jun 11, 2019

Mr. Speaker, this is about harassing the President, and it is about delaying the inevitable. I would have hoped that my friends across the aisle, especially in the Judiciary Committee that had…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Jun 11, 2019

Mr. Speaker, as a senior member of the Homeland Security Committee, I rise in support of H.R. 2609, the ``DHS Acquisition Review Board Act of 2019.''' This bill would establish the Acquisition Review…

Cynthia Axne
Rep. Cynthia AxneD-IA-3 · Jun 12, 2019

Madam Speaker, I was unable to vote on June 11, 2019 because I was returning to Washington, D.C. Had I been present to vote, I would have voted YEA on H. Res. 430--Authorizing the Committee on the…

Cynthia Axne
Rep. Cynthia AxneD-IA-3 · Jun 11, 2019

Mr. Speaker, I was unable to vote on June 11, 2019 because I was returning to Washington, D.C. Had I been present to vote, I would have voted YEA on H. Res. 430--Authorizing the Committee on the…

Steve King
Rep. Steve KingR-IA-4 · Jun 11, 2019

Mr. Speaker, I was unable to vote on June 11, 2019 as I had another commitment that did not allow me to make it back to D.C. in time for votes. Had I been present, I would have voted as follows:…

Bill Text

4 versions available

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Latest
Referred in SenateIssued June 12, 2019

IIB

116th CONGRESS

1st Session

H. R. 2609

IN THE SENATE OF THE UNITED STATES

June 12, 2019

Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs

AN ACT

To amend the Homeland Security Act of 2002 to establish the Acquisition Review Board in the Department of Homeland Security, and for other purposes.

1.

Short title

This Act may be cited as the DHS Acquisition Review Board Act of 2019.

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:

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

(1)

Chair

The Under Secretary for Management shall serve as chair of the Board.

(2)

Participation

The Secretary shall ensure participation by other relevant Department officials with responsibilities related to acquisitions as permanent members of the Board.

(3)

Oversight

The Under Secretary for Management shall designate a full time employee of the Department to oversee the operations 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 7 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 written explanation of the rationale for such decision and a plan of action to address acquisition program baseline requirements 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 2024 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 million (based on fiscal year 2019 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 amended by inserting after the item relating to section 835 the following new item:

Sec. 836. Acquisition Review Board.

.

Passed the House of Representatives June 11, 2019.

Cheryl L. Johnson,

Clerk