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Union Calendar No. 324 

114TH CONGRESS 

2D SESSION H. R. 4398 

[Report No. 114–425] 

To amend the Homeland Security Act of 2002 to provide for requirements 

relating to documentation for major acquisition programs, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 1, 2016 

Mrs. WATSON COLEMAN introduced the following bill; which was referred to 

the Committee on Homeland Security 

FEBRUARY 23, 2016 

Additional sponsors: Mr. THOMPSON of Mississippi and Mr. MCCAUL

FEBRUARY 23, 2016 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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•HR 4398 RH

A BILL 

To amend the Homeland Security Act of 2002 to provide 

for requirements relating to documentation for major 

acquisition programs, and for other purposes. 


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•HR 4398 RH

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘DHS Acquisition Doc5 umentation Integrity Act of 2016’’. 

6 SEC. 2. DEPARTMENT OF HOMELAND SECURITY ACQUISI7 TION DOCUMENTATION. 

8 (a) IN GENERAL.—Title VII of the Homeland Secu9 rity Act of 2002 (6 U.S.C. 341 et seq.) is amended by 

10 adding at the end the following: 

11 ‘‘SEC. 708. ACQUISITION DOCUMENTATION. 

12 ‘‘(a) IN GENERAL.—For each major acquisition pro13 gram, the Secretary, acting through the Under Secretary 

14 for Management, shall require the head of a relevant com15 ponent or office to— 

16 ‘‘(1) maintain acquisition documentation that is 

17 complete, accurate, timely, and valid and that in18 cludes, at a minimum— 

19 ‘‘(A) operational requirements that are 

20 validated consistent with Departmental policy 

21 and changes to those requirements, as appro22 priate; 

23 ‘‘(B) a complete lifecycle cost estimate 

24 with supporting documentation; 


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1 ‘‘(C) verification of the lifecycle cost esti2 mate against independent cost estimates, and 

3 reconciliation of any differences; 

4 ‘‘(D) a cost-benefit analysis with sup5 porting documentation; and 

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

7 an integrated master schedule; 

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

9 major acquisition programs, as required under sub10 paragraphs (B) and (E), in a manner consistent 

11 with best practices as identified by the Comptroller 

12 General of the United States; and 

13 ‘‘(3) submit certain acquisition documentation 

14 to the Secretary to produce an annual comprehen15 sive report on the status of departmental acquisi16 tions for submission to Congress. 

17 ‘‘(b) WAIVER.—On a case-by-case basis, the Sec18 retary may waive the requirement under paragraph (3) of 

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

20 ‘‘(1) the program has not— 

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

22 in the acquisition lifecycle; 

23 ‘‘(B) had a reasonable cost estimate estab24 lished; and 


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1 ‘‘(C) had a system configuration defined 

2 fully; or 

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

4 of capital asset, as such term is defined by the Di5 rector of the Office of Management and Budget. 

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

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

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

9 Secretary shall make information available, as applicable, 

10 to the Committee on Homeland Security of the House of 

11 Representatives and the Committee on Homeland Security 

12 and Governmental Affairs of the Senate information on 

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

14 year that includes the following specific information re15 garding each program for which the Secretary has issued 

16 a waiver under subsection (b): 

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

18 program. 

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

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

21 annual acquisition budget attributed to that pro22 gram, as available. 

23 ‘‘(4) Information on the significance of the pro24 gram with respect to the component’s operations and 

25 execution of its mission. 


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

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

3 a Department acquisition program that is estimated by 

4 the Secretary to require an eventual total expenditure of 

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

6 dollars) over its lifecycle cost.’’. 

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

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

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

10 related to section 707 the following new item: 

‘‘Sec. 708. Acquisition documentation.’’. 


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Union Calendar No. 324 

114TH CONGRESS 

2D SESSION H. R. 4398 

[Report No. 114–425] 

A BILL 

To amend the Homeland Security Act of 2002 to 

other purposes. tion for major acquisition programs, and for provide for requirements relating to documentaFEBRUARY 23, 2016 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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