DHS Acquisition Documentation Integrity Act of 2019

IIB 116TH CONGRESS 1ST SESSION H. R. 1912 IN THE SENATE OF THE UNITED STATES MAY 15, 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 provide for requirements relating to documentation for major acquisition programs, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 01:54 May 16, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1912.RFS H1912 pbinns on DSK79D2C42PROD with BILLS 2 HR 1912 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘DHS Acquisition Doc- 2 umentation Integrity Act of 2019’’. 3 SEC. 2. DEPARTMENT OF HOMELAND SECURITY ACQUISI- 4 TION DOCUMENTATION. 5 (a) IN GENERAL.—Title VII of the Homeland Secu- 6 rity Act of 2002 (6 U.S.C. 341 et seq.) is amended by 7 adding at the end the following new section: 8 ‘‘SEC. 711. ACQUISITION DOCUMENTATION. 9 ‘‘(a) IN GENERAL.—For each major acquisition pro- 10 gram, the Secretary, acting through the Under Secretary 11 for Management, shall require the head of a relevant com- 12 ponent or office to— 13 ‘‘(1) maintain acquisition documentation that is 14 complete, accurate, timely, and valid, and that in- 15 cludes, at a minimum— 16 ‘‘(A) operational requirements that are 17 validated consistent with departmental policy 18 and changes to such requirements, as appro- 19 priate; 20 ‘‘(B) a complete lifecycle cost estimate 21 with supporting documentation; 22 ‘‘(C) verification of such lifecycle cost esti- 23 mate against independent cost estimates, and 24 reconciliation of any differences; 25 VerDate Sep 11 2014 01:54 May 16, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1912.RFS H1912 pbinns on DSK79D2C42PROD with BILLS 3 HR 1912 RFS ‘‘(D) a cost-benefit analysis with sup- 1 porting documentation; and 2 ‘‘(E) a schedule, including, as appropriate, 3 an integrated master schedule; 4 ‘‘(2) prepare cost estimates and schedules for 5 major acquisition programs, as required under sub- 6 paragraphs (B) and (E), in a manner consistent 7 with best practices as identified by the Comptroller 8 General of the United States; and 9 ‘‘(3) submit certain acquisition documentation 10 to the Secretary to produce for submission to Con- 11 gress an annual comprehensive report on the status 12 of departmental acquisitions. 13 ‘‘(b) WAIVER.—On a case-by-case basis with respect 14 to any major acquisition program under this section, the 15 Secretary may waive the requirement under paragraph (3) 16 of subsection (a) for a fiscal year if either— 17 ‘‘(1) such program has not— 18 ‘‘(A) entered the full rate production phase 19 in the acquisition lifecycle; 20 ‘‘(B) had a reasonable cost estimate estab- 21 lished; and 22 ‘‘(C) had a system configuration defined 23 fully; or 24 VerDate Sep 11 2014 01:54 May 16, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1912.RFS H1912 pbinns on DSK79D2C42PROD with BILLS 4 HR 1912 RFS ‘‘(2) such program does not meet the definition 1 of capital asset, as such term is defined by the Di- 2 rector of the Office of Management and Budget. 3 ‘‘(c) CONGRESSIONAL OVERSIGHT.—At the same 4 time the President’s budget is submitted for a fiscal year 5 under section 1105(a) of title 31, United States Code, the 6 Secretary shall make information available, as applicable, 7 to the Committee on Homeland Security of the House of 8 Representatives and the Committee on Homeland Security 9 and Governmental Affairs of the Senate regarding the re- 10 quirement described in subsection (a) in the prior fiscal 11 year that includes the following specific information re- 12 garding each major acquisition program for which the Sec- 13 retary has issued a waiver under subsection (b): 14 ‘‘(1) The grounds for granting a waiver for 15 such program. 16 ‘‘(2) The projected cost of such program. 17 ‘‘(3) The proportion of a component’s or office’s 18 annual acquisition budget attributed to such pro- 19 gram, as available. 20 ‘‘(4) Information on the significance of such 21 program with respect to the component’s or office’s 22 operations and execution of its mission. 23 ‘‘(d) MAJOR ACQUISITION PROGRAM DEFINED.—In 24 this section, the term ‘major acquisition program’ means 25 VerDate Sep 11 2014 01:54 May 16, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1912.RFS H1912 pbinns on DSK79D2C42PROD with BILLS 5 HR 1912 RFS a Department acquisition program that is estimated by 1 the Secretary to require an eventual total expenditure of 2 at least $300 million (based on fiscal year 2019 constant 3 dollars) over its lifecycle cost.’’. 4 (b) CLERICAL AMENDMENT.—The table of contents 5 in section 1(b) of the Homeland Security Act of 2002 (6 6 U.S.C. 101 et seq.) is amended by adding after the item 7 related to section 707 the following new item: 8 ‘‘Sec. 711. Acquisition documentation.’’. Passed the House of Representatives May 14, 2019. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 01:54 May 16, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1912.RFS H1912 pbinns on DSK79D2C42PROD with BILLS