[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1639 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 1639

 To provide that no entity performing lead system integrator functions 
  in the acquisition of a major system by the Department of Homeland 
 Security may have any direct financial interest in the development or 
   construction of any individual system or element of any system of 
                    systems, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 22, 2007

Mr. Carney (for himself and Mr. Thompson of Mississippi) introduced the 
    following bill; which was referred to the Committee on Homeland 
                                Security

_______________________________________________________________________

                                 A BILL


 
 To provide that no entity performing lead system integrator functions 
  in the acquisition of a major system by the Department of Homeland 
 Security may have any direct financial interest in the development or 
   construction of any individual system or element of any system of 
                    systems, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. LEAD SYSTEM INTEGRATOR FUNCTIONS UNDER DHS MAJOR SYSTEM 
              ACQUISITIONS.

    (a) In General.--With respect to contracts entered into after May 
1, 2007, and except as provided in subsection (b), no entity performing 
lead system integrator functions in the acquisition of a major system 
by the Department of Homeland Security may have any direct financial 
interest in the development or construction of any individual system or 
element of any system of systems.
    (b) Exception.--An entity described in subsection (a) may have a 
direct financial interest in the development or construction of an 
individual system or element of a system of systems if--
            (1) the Secretary of Homeland Security certifies to the 
        Committees on Appropriations of the Senate and the House of 
        Representatives and the House Committee on Homeland Security 
        that--
                    (A) the entity was selected by the Department of 
                Homeland Security as a contractor to develop or 
                construct the system or element concerned through the 
                use of competitive procedures; and
                    (B) the Department took appropriate steps to 
                prevent any organizational conflict of interest in the 
                selection process; or
            (2) the entity was selected by a subcontractor to serve as 
        a lower-tier subcontractor, through a process over which the 
        entity exercised no control.
    (c) Construction.--Nothing in this section shall be construed to 
preclude an entity described in subsection (a) from performing work 
necessary to integrate two or more individual systems or elements of a 
system of systems with each other.
    (d) Regulations Update.--Not later than May 1, 2007, the Secretary 
of Homeland Security shall update the acquisition regulations of the 
Department of Homeland Security in order to specify fully in such 
regulations the matters with respect to lead system integrators set 
forth in this section. Included in such regulations shall be (1) a 
precise and comprehensive definition of the term ``lead system 
integrator'', modeled after that used by the Department of Defense, and 
(2) a specification of various types of contracts and fee structures 
that are appropriate for use by lead system integrators in the 
production, fielding, and sustainment of complex systems.
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