May 14, 2019 - Issue: Vol. 165, No. 80 — Daily Edition116th Congress (2019 - 2020) - 1st Session

[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

[[Page H3760]]

     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

[[Page H3761]]

(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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