[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4398 Referred in Senate (RFS)]

<DOC>
114th CONGRESS
  2d Session
                                H. R. 4398


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 24, 2016

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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``DHS Acquisition Documentation 
Integrity Act of 2016''.

SEC. 2. DEPARTMENT OF HOMELAND SECURITY ACQUISITION DOCUMENTATION.

    (a) In General.--Title VII of the Homeland Security Act of 2002 (6 
U.S.C. 341 et seq.) is amended by adding at the end the following:

``SEC. 708. ACQUISITION DOCUMENTATION.

    ``(a) In General.--For each major acquisition program, the 
Secretary, acting through the Under Secretary for Management, shall 
require the head of a relevant component or office to--
            ``(1) maintain acquisition documentation that is complete, 
        accurate, timely, and valid and that includes, at a minimum--
                    ``(A) operational requirements that are validated 
                consistent with Departmental policy and changes to 
                those requirements, as appropriate;
                    ``(B) a complete lifecycle cost estimate with 
                supporting documentation;
                    ``(C) verification of the lifecycle cost estimate 
                against independent cost estimates, and reconciliation 
                of any differences;
                    ``(D) a cost-benefit analysis with supporting 
                documentation; and
                    ``(E) a schedule, including, as appropriate, an 
                integrated master schedule;
            ``(2) prepare cost estimates and schedules for major 
        acquisition programs, as required under subparagraphs (B) and 
        (E), in a manner consistent with best practices as identified 
        by the Comptroller General of the United States; and
            ``(3) submit certain acquisition documentation to the 
        Secretary to produce an annual comprehensive report on the 
        status of departmental acquisitions for submission to Congress.
    ``(b) Waiver.--On a case-by-case basis, the Secretary may waive the 
requirement under paragraph (3) of subsection (a) for a fiscal year if 
either--
            ``(1) the program has not--
                    ``(A) entered the full rate production phase in the 
                acquisition lifecycle;
                    ``(B) had a reasonable cost estimate established; 
                and
                    ``(C) had a system configuration defined fully; or
            ``(2) the program does not meet the definition of capital 
        asset, as such term is defined by the Director of the Office of 
        Management and Budget.
    ``(c) Congressional Oversight.--At the same time the President's 
budget is submitted for a fiscal year under section 1105(a) of title 
31, United States Code, the Secretary shall make information available, 
as applicable, to the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs of the Senate information on the requirement under subsection 
(a) in the prior fiscal year that includes the following specific 
information regarding each program for which the Secretary has issued a 
waiver under subsection (b):
            ``(1) The grounds for granting a waiver for that program.
            ``(2) The projected cost of that program.
            ``(3) The proportion of a component's or office's annual 
        acquisition budget attributed to that program, as available.
            ``(4) Information on the significance of the program with 
        respect to the component's operations and execution of its 
        mission.
    ``(d) Major Acquisition Program Defined.--In this section, 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 2016 constant dollars) 
over its lifecycle 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 
adding after the item related to section 707 the following new item:

``Sec. 708. Acquisition documentation.''.

            Passed the House of Representatives February 23, 2016.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.