[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1873 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 406
114th CONGRESS
  2d Session
                                S. 1873

                          [Report No. 114-234]

    To strengthen accountability for deployment of border security 
   technology at the Department of Homeland Security, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 28, 2015

  Mr. McCain introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

                             April 4, 2016

               Reported by Mr. Johnson, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
    To strengthen accountability for deployment of border security 
   technology at the Department of Homeland Security, and for other 
                               purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Border Security Technology 
Accountability Act of 2015''.</DELETED>

<DELETED>SEC. 2. BORDER SECURITY TECHNOLOGY ACCOUNTABILITY.</DELETED>

<DELETED>    (a) In General.--Subtitle C of title IV of the Homeland 
Security Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the 
end the following new section:</DELETED>

<DELETED>``SEC. 434. BORDER SECURITY TECHNOLOGY PROGRAM 
              MANAGEMENT.</DELETED>

<DELETED>    ``(a) Planning Documentation.--Each border security 
technology acquisition program of the Department with a significant 
lifecycle cost estimate shall--</DELETED>
        <DELETED>    ``(1) have written documentation demonstrating 
        that each such program has an acquisition program baseline 
        approved by the relevant acquisition decision authority; 
        and</DELETED>
        <DELETED>    ``(2) demonstrate that each such program is 
        meeting agreed-upon cost, schedule, and performance thresholds, 
        in compliance with the Federal Acquisition 
        Regulation.</DELETED>
<DELETED>    ``(b) Adherence to Standards.--The Under Secretary for 
Management, in coordination with the Commissioner of U.S. Customs and 
Border Protection, shall ensure border security technology acquisition 
program managers who are responsible for carrying out this section 
adhere to relevant internal control standards identified by the 
Comptroller General of the United States. The Commissioner shall 
provide information, as needed, to assist the Under Secretary in 
monitoring proper program management of border security technology 
acquisition programs under this section.</DELETED>
<DELETED>    ``(c) Plan.--The Under Secretary for Management, in 
coordination with the Commissioner of U.S. Customs and Border 
Protection, shall submit to the appropriate congressional committees a 
plan for testing and evaluation, as well as the use of independent 
verification and validation resources, for border security technology 
so that new border security technologies are evaluated through a series 
of assessments, processes, and audits to ensure the effectiveness of 
taxpayer dollars.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of contents of the 
Homeland Security Act of 2002 is amended by inserting after the item 
relating to section 433 the following new item:</DELETED>

<DELETED>``Sec. 434. Border security technology program management.''.

<DELETED>SEC. 3. PROHIBITION ON ADDITIONAL AUTHORIZATION OF 
              APPROPRIATIONS.</DELETED>

<DELETED>    No additional funds are authorized to be appropriated to 
carry out this Act and the amendments made by this Act. This Act and 
such amendments shall be carried out using amounts otherwise available 
for such purposes.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Border Security Technology 
Accountability Act of 2015''.

SEC. 2. BORDER SECURITY TECHNOLOGY ACCOUNTABILITY.

    (a) In General.--Subtitle C of title IV of the Homeland Security 
Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the 
following new section:

``SEC. 434. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT.

    ``(a) Planning Documentation.--For each border security technology 
acquisition program of the Department that is determined to be a major 
acquisition program, the Secretary shall--
            ``(1) ensure that each such program has a written 
        acquisition program baseline approved by the relevant 
        acquisition decision authority;
            ``(2) document that each such program is meeting cost, 
        schedule, and performance thresholds as specified in such 
        baseline, in compliance with relevant departmental acquisition 
        policies and the Federal Acquisition Regulation; and
            ``(3) have a plan for meeting program implementation 
        objectives by managing contractor performance.
    ``(b) Adherence to Standards.--The Secretary, acting through the 
Under Secretary for Management and the Commissioner of U.S. Customs and 
Border Protection, shall ensure border security technology acquisition 
program managers who are responsible for carrying out this section 
adhere to relevant internal control standards identified by the 
Comptroller General of the United States. The Commissioner shall 
provide information, as needed, to assist the Under Secretary in 
monitoring proper program management of border security technology 
acquisition programs under this section.
    ``(c) Plan.--The Secretary, acting through the Under Secretary for 
Management, in coordination with the Under Secretary for Science and 
Technology and the Commissioner of U.S. Customs and Border Protection, 
shall submit to the appropriate congressional committees a plan for 
testing and evaluation, as well as the use of independent verification 
and validation resources, for border security technology so that new 
border security technologies are evaluated through a series of 
assessments, processes, and audits to ensure compliance with relevant 
departmental acquisition policies and the Federal Acquisition 
Regulation, as well as the effectiveness of taxpayer dollars.
    ``(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 2015 constant dollars) 
over its life cycle cost.''.
    (b) Clerical Amendment.--The table of contents of the Homeland 
Security Act of 2002 is amended by inserting after the item relating to 
section 433 the following new item:

``Sec. 434. Border security technology program management.''.

SEC. 3. PROHIBITION ON ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.

    No additional funds are authorized to be appropriated to carry out 
this Act and the amendments made by this Act. This Act and such 
amendments shall be carried out using amounts otherwise available for 
such purposes.
                                                       Calendar No. 406

114th CONGRESS

  2d Session

                                S. 1873

                          [Report No. 114-234]

_______________________________________________________________________

                                 A BILL

    To strengthen accountability for deployment of border security 
   technology at the Department of Homeland Security, and for other 
                               purposes.

_______________________________________________________________________

                             April 4, 2016

                       Reported with an amendment