II 

118TH CONGRESS 

2D SESSION S. 4707 

To direct the Under Secretary for Management of the Department of Homeland Security to assess contracts for covered services performed by contractor personnel along the United States land border with Mexico, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 11 (legislative day, JULY 10), 2024 

Mr. CORNYN (for himself and Ms. HASSAN) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To direct the Under Secretary for Management of the Department of Homeland Security to assess contracts for 

covered services performed by contractor personnel along 

the United States land border with Mexico, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘DHS Border Services 

5 Contracts Review Act’’. 


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1 SEC. 2. ASSESSMENT OF CONTRACTS FOR COVERED SERV2 ICES BY THE DEPARTMENT OF HOMELAND 

3 SECURITY. 

4 (a) REPORT.— 

5 (1) IN GENERAL.—Not later than 180 days 

6 after the date of the enactment of this Act, the 

7 Under Secretary for Management of the Department 

8 of Homeland Security, in consultation with appro9 priate officials of the Department, shall submit to 

10 the appropriate congressional committees a report 

11 regarding active contracts for covered services of the 

12 Department awarded on or before— 

13 (A) September 30, 2023, or 

14 (B) the date of the enactment of this Act, 

15 whichever occurs later. 

16 (2) ELEMENTS.—The report required under 

17 paragraph (1) shall include the following: 

18 (A) The criteria used by the Department 

19 of Homeland Security to determine whether 

20 contractor personnel were necessary to assist 

21 the Department in carrying out its mission 

22 along the United States land border with Mex23 ico. 

24 (B) An analysis of the purpose, quantity, 

25 and location of contractor personnel to perform 


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1 covered services of the Department with respect 

2 to effectively— 

3 (i) addressing mission needs along 

4 such border; and 

5 (ii) enhancing the capability of De6 partment personnel to perform primary 

7 mission responsibilities, including the num8 ber of Department personnel not removed 

9 from their primary mission responsibilities 

10 by reason of the performance of covered 

11 services by contractor personnel. 

12 (C) An assessment with respect to the ben13 efits of contractor personnel performing covered 

14 services, including whether the performance of 

15 such services by contractor personnel is more 

16 efficient or effective than the performance of 

17 such services by Department employees. 

18 (D) An assessment of opportunities to in19 crease the efficiency of the Department with re20 spect to contracting, including whether Depart21 ment-wide contract vehicles for covered services 

22 would be the most cost effective option for the 

23 performance of covered services. 

24 (E) A strategy to improve the procurement 

25 and delivery of covered services through conVerDate Sep 11 2014 06:22 Jul 12, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4707.IS S4707

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1 tracts during the five-year period beginning on 

2 the date of the enactment of this Act to— 

3 (i) achieve the best value for the De4 partment through the use of full and open 

5 competition; and 

6 (ii) ensure no lapse in the perform7 ance of such services. 

8 (F) Recommendations based on findings 

9 resulting from the analysis and assessments re10 quired in subparagraphs (B) through (D). 

11 (G) Any other information relating to con12 tracts for covered services that the Under Sec13 retary for Management determines appropriate. 

14 (b) IMPLEMENTATION PLAN.— 

15 (1) IN GENERAL.—The Under Secretary for 

16 Management shall submit with the report required 

17 under subsection (a) a plan to implement the rec18 ommendations and strategy contained in such report 

19 to enhance coordination, minimize overlap, and in20 crease cost effectiveness among contracts for covered 

21 services. 

22 (2) BRIEFING.—Not later than 180 days after 

23 the date on which the Under Secretary for Manage24 ment submits the report required under subsection 

25 (a) and the plan required under paragraph (1) and 


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1 every 180 days thereafter until such plan is fully im2 plemented, the Under Secretary, or the designee of 

3 the Under Secretary, shall provide to the appro4 priate congressional committees a briefing with re5 spect to the status of such implementation. 

6 (c) PROHIBITION ON FUNDING.—No funds are au7 thorized to be appropriated to carry out this section. This 

8 section shall be carried out using amounts otherwise au9 thorized to be made available for such purposes. 

10 (d) DEFINITIONS.—In this section: 

11 (1) APPROPRIATE CONGRESSIONAL COMMIT12 TEES.—The term ‘‘appropriate congressional com13 mittees’’ means— 

14 (A) the Committee on Homeland Security 

15 of the House of Representatives; and 

16 (B) the Committee on Homeland Security 

17 and Governmental Affairs of the Senate. 

18 (2) CONTRACT FOR COVERED SERVICES.—The 

19 term ‘‘contract for covered services’’ means a con20 tract (with a total contract value of $50,000,000 or 

21 more in 2023 constant dollars, inclusive of contract 

22 options) relating to the procurement of covered serv23 ices for the Department of Homeland Security. 

24 (3) COVERED SERVICES.—The term ‘‘covered 

25 services’’ means, with respect to the United States 


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1 land border with Mexico, any service, including re2 lated to border security, provided by a contractor to 

3 be used by the Department. 

Æ 


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