IIB 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘DHS Acquisition Doc3 umentation Integrity Act of 2016’’. 

4 SEC. 2. DEPARTMENT OF HOMELAND SECURITY ACQUISI5 TION DOCUMENTATION. 

6 (a) IN GENERAL.—Title VII of the Homeland Secu7 rity Act of 2002 (6 U.S.C. 341 et seq.) is amended by 

8 adding at the end the following: 

9 ‘‘SEC. 708. ACQUISITION DOCUMENTATION. 

10 ‘‘(a) IN GENERAL.—For each major acquisition pro11 gram, the Secretary, acting through the Under Secretary 

12 for Management, shall require the head of a relevant com13 ponent or office to— 

14 ‘‘(1) maintain acquisition documentation that is 

15 complete, accurate, timely, and valid and that in16 cludes, at a minimum— 

17 ‘‘(A) operational requirements that are 

18 validated consistent with Departmental policy 

19 and changes to those requirements, as appro20 priate; 

21 ‘‘(B) a complete lifecycle cost estimate 

22 with supporting documentation; 

23 ‘‘(C) verification of the lifecycle cost esti24 mate against independent cost estimates, and 

25 reconciliation of any differences; 

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1 ‘‘(D) a cost-benefit analysis with sup2 porting documentation; and 

3 ‘‘(E) a schedule, including, as appropriate, 

4 an integrated master schedule; 

5 ‘‘(2) prepare cost estimates and schedules for 

6 major acquisition programs, as required under sub7 paragraphs (B) and (E), in a manner consistent 

8 with best practices as identified by the Comptroller 

9 General of the United States; and 

10 ‘‘(3) submit certain acquisition documentation 

11 to the Secretary to produce an annual comprehen12 sive report on the status of departmental acquisi13 tions for submission to Congress. 

14 ‘‘(b) WAIVER.—On a case-by-case basis, the Sec15 retary may waive the requirement under paragraph (3) of 

16 subsection (a) for a fiscal year if either— 

17 ‘‘(1) the program has not— 

18 ‘‘(A) entered the full rate production phase 

19 in the acquisition lifecycle; 

20 ‘‘(B) had a reasonable cost estimate estab21 lished; and 

22 ‘‘(C) had a system configuration defined 

23 fully; or 

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1 ‘‘(2) the program does not meet the definition 

2 of capital asset, as such term is defined by the Di3 rector of the Office of Management and Budget. 

4 ‘‘(c) CONGRESSIONAL OVERSIGHT.—At the same 

5 time the President’s budget is submitted for a fiscal year 

6 under section 1105(a) of title 31, United States Code, the 

7 Secretary shall make information available, as applicable, 

8 to the Committee on Homeland Security of the House of 

9 Representatives and the Committee on Homeland Security 

10 and Governmental Affairs of the Senate information on 

11 the requirement under subsection (a) in the prior fiscal 

12 year that includes the following specific information re13 garding each program for which the Secretary has issued 

14 a waiver under subsection (b): 

15 ‘‘(1) The grounds for granting a waiver for that 

16 program. 

17 ‘‘(2) The projected cost of that program. 

18 ‘‘(3) The proportion of a component’s or office’s 

19 annual acquisition budget attributed to that pro20 gram, as available. 

21 ‘‘(4) Information on the significance of the pro22 gram with respect to the component’s operations and 

23 execution of its mission. 

24 ‘‘(d) MAJOR ACQUISITION PROGRAM DEFINED.—In 

25 this section, the term ‘major acquisition program’ means 

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1 a Department acquisition program that is estimated by 

2 the Secretary to require an eventual total expenditure of 

3 at least $300,000,000 (based on fiscal year 2016 constant 

4 dollars) over its lifecycle cost.’’. 

5 (b) CLERICAL AMENDMENT.—The table of contents 

6 in section 1(b) of the Homeland Security Act of 2002 (6 

7 U.S.C. 101 et seq.) is amended by adding after the item 

8 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. 

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