[Congressional Record Volume 165, Number 80 (Tuesday, May 14, 2019)]
[House]
[Pages H3759-H3761]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DHS ACQUISITION DOCUMENTATION INTEGRITY ACT OF 2019
Ms. TORRES SMALL of New Mexico. Mr. Speaker, I move to suspend the
rules and pass the bill (H.R. 1912) to amend the Homeland Security Act
of 2002 to provide for requirements relating to documentation for major
acquisition programs, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1912
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 2019''.
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 new section:
``SEC. 711. 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 such
requirements, as appropriate;
``(B) a complete lifecycle cost estimate with supporting
documentation;
``(C) verification of such 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
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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 for submission to Congress an annual
comprehensive report on the status of departmental
acquisitions.
``(b) Waiver.--On a case-by-case basis with respect to any
major acquisition program under this section, the Secretary
may waive the requirement under paragraph (3) of subsection
(a) for a fiscal year if either--
``(1) such 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) such 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 regarding the requirement
described in subsection (a) in the prior fiscal year that
includes the following specific information regarding each
major acquisition program for which the Secretary has issued
a waiver under subsection (b):
``(1) The grounds for granting a waiver for such program.
``(2) The projected cost of such program.
``(3) The proportion of a component's or office's annual
acquisition budget attributed to such program, as available.
``(4) Information on the significance of such program with
respect to the component's or office'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 2019 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. 711. Acquisition documentation.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
New Mexico (Ms. Torres Small) and the gentleman from Pennsylvania (Mr.
Joyce) each will control 20 minutes.
The Chair recognizes the gentlewoman from New Mexico.
General Leave
Ms. TORRES SMALL of New Mexico. Mr. Speaker, I ask unanimous consent
that all Members may have 5 legislative days to revise and extend their
remarks and to include extraneous material on this matter.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from New Mexico?
There was no objection.
Ms. TORRES SMALL of New Mexico. Mr. Speaker, I yield myself such time
as I may consume.
Mr. Speaker, I rise in support of H.R. 1912, a measure I introduced
with the support of Congressman Dan Crenshaw to ensure the Department
of Homeland Security effectively manages its largest acquisitions,
those with an estimated lifecycle cost of $300 million or more.
Each year, DHS invests billions of dollars in its acquisition
programs to help execute its many critical missions. However, since the
Department was created, DHS has struggled to keep some of its largest
programs on schedule and on budget.
For example, the Department's attempts to modernize and integrate its
various financial management systems has been in the works for 15 years
with little to show for its multimillion expenditures.
A plan to deliver a DHS-wide human resources IT system has faced
similar delays, as has a decade-long attempt to consolidate the
Department's headquarters at the St. Elizabeths campus in southeast
Washington, D.C.
The Department's acquisition management challenges have been on the
Government Accountability Office's high-risk list since 2005. GAO has
identified shortfalls, including acquisition programs lacking key
analyses and schedules.
H.R. 1912, the DHS Acquisition Documentation Integrity Act of 2019,
would attempt to address some of these concerns by requiring DHS to
maintain complete, accurate, timely, and valid documentation for all
its major acquisitions. This includes documentation such as lifecycle
cost estimates, cost-benefit analyses, and project schedules. Codifying
these acquisition documentation requirements, which are already
embodied in DHS acquisition policy, is necessary to safeguard against
future cost overruns and schedule delays.
A previous version of this bill passed the House unanimously in the
115th Congress, and I urge my colleagues to pass it again today.
Mr. Speaker, I reserve the balance of my time.
Mr. JOYCE of Pennsylvania. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I rise today in support of H.R. 1912, the DHS
Acquisition Documentation Integrity Act of 2019. This legislation
requires the Department of Homeland Security to better document its
major acquisition programs that are essential to keeping America safe.
While every Member of Congress will agree that protecting our Nation
and its citizens is vitally important, we must also agree that
protecting taxpayer dollars and ensuring accountability for the
government agencies is also essential.
The Government Accountability Office assists Congress in its efforts
to ensure accountability by producing a report every 2 years that
identifies areas in the Federal Government that are at high risk of
waste, fraud, and abuse. Major acquisitions by DHS have consistently
been identified by the GAO as high risk.
This legislation requires DHS to improve management of its major
purchases of systems to secure the border, provide screening for
travelers, and protect our shores, and for our other vital missions.
Too often, DHS has failed to document what these programs will cost,
when they will be completed, and what they will deliver. It is
unacceptable to spend billions of taxpayer dollars and not document
this important information.
To address these issues, DHS has updated its acquisition policy to
follow corporate best practices. However, it must take additional steps
to ensure its components adhere to these policies.
H.R. 1912 provides important tools to ensure that these policies are
being followed. It will improve visibility into DHS major acquisition
programs and promote better management of DHS acquisitions of items
that are expected to cost more than $300 million.
Under the bill, the Undersecretary for Management must require the
relevant component or office to maintain documentation that provides
validated operational requirements, a complete lifecycle cost estimate,
an independent verification of that cost estimate, a cost-benefit
analysis of the program, and a complete schedule for the acquisition
program.
With this documentation, Congress and other government watchdogs will
be able to conduct necessary oversight to ensure that taxpayer dollars
are being spent efficiently and effectively.
This bill passed the House of Representatives by voice vote in both
the 114th and 115th Congresses.
Mr. Speaker, I commend Representative Torres Small for reintroducing
this language, and I urge my colleagues to support this bill.
Mr. Speaker, I yield back the balance of my time.
Ms. TORRES SMALL of New Mexico. Mr. Speaker, it is not enough for the
Department of Homeland Security to simply analyze the upfront costs of
acquiring systems to fulfill capability gaps. DHS must also budget for
the long-term operation and maintenance costs of a system.
Given the criticality and budgetary risks associated with major
acquisitions, it is critical that requirements are created,
alternatives are considered, a cost estimate is completed, and a
schedule is developed.
It falls to us, the Congress, to ensure that the Department has
reliable acquisition documentation in place. Enactment of H.R. 1912
will ensure that DHS does its homework and is a good steward of
taxpayer dollars.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from New Mexico
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(Ms. Torres Small) that the House suspend the rules and pass the bill,
H.R. 1912.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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