DHS Border Services Contracts Review Act

Bill: 118-hr-4467
Sponsor: full_name: Rep. Brecheen, Josh [R-OK-2]
Introduced: 2023-07-06
Policy area: Government Operations and Politics
Subjects: Border security and unlawful immigration

Congressional oversight

Department of Homeland Security

Executive agency funding and structure

Government studies and investigations

Latin America

Mexico

Public contracts and procurement
Latest action: action_date: 2024-12-23
text: Became Public Law No: 118-171.

Summaries:
action_date: 2023-07-06
action_desc: Introduced in House
text: <p><strong>DHS Border Services Contracts Review Act</strong></p> <p>This bill directs the Department of Homeland Security (DHS) to assess contractor personnel performing services along the U.S. land border with Mexico and plan to implement recommendations developed from the assessment.</p> <p>Specifically, DHS must report to Congress regarding active contracts with a total value of $50 million or more relating to the procurement of services along the border.</p> <p>The report must include, among other things</p> <ul> <li>the criteria used by DHS to determine whether contractor personnel were necessary to assist in carrying out its mission along the border;</li> <li>an analysis of the purpose, quantity, and location of contractor personnel addressing DHS mission needs along the border and enhancing the capability of DHS personnel to perform primary mission responsibilities;</li> <li>an assessment of the benefits of contractor personnel performing the services;</li> <li>a strategy to improve the procurement and delivery of the services through contracts over a five-year period; and</li> <li>recommendations based on the report's findings.</li> </ul> <p>DHS must (1) transmit with the report a plan to implement the recommendations and strategy contained in such report to enhance coordination, minimize overlap, and increase cost effectiveness; and (2) brief Congress with respect to the status of implementation.</p> <ul> </ul>

action_date: 2023-10-02
action_desc: Reported to House
text: <p><strong>DHS Border Services Contracts Review Act</strong></p> <p>This bill directs the Department of Homeland Security (DHS) to assess contractor personnel performing services along the U.S. land border with Mexico and plan to implement recommendations developed from the assessment.</p> <p>Specifically, DHS must report to Congress regarding active contracts with a total value of $50 million or more relating to the procurement of services along the border.</p> <p>The report must include, among other things</p> <ul> <li>the criteria used by DHS to determine whether contractor personnel were necessary to assist in carrying out its mission along the border;</li> <li>an analysis of the purpose, quantity, and location of contractor personnel addressing DHS mission needs along the border and enhancing the capability of DHS personnel to perform primary mission responsibilities;</li> <li>an assessment of the benefits of contractor personnel performing the services;</li> <li>a strategy to improve the procurement and delivery of the services through contracts over a five-year period; and</li> <li>recommendations based on the report's findings.</li> </ul> <p>DHS must (1) submit with the report a plan to implement the recommendations and strategy contained in such report to enhance coordination, minimize overlap, and increase cost effectiveness; and (2) brief Congress with respect to the status of implementation. </p>

action_date: 2024-12-23
action_desc: Public Law
text: <p><strong>DHS Border Services Contracts Review Act</strong></p><p>This act directs the Department of Homeland Security (DHS) to assess contractor personnel performing services along the U.S. land border with Mexico and plan to implement recommendations developed from the assessment.</p><p>Specifically, DHS must report to Congress regarding active contracts with a total value of $50 million or more relating to the procurement of services along the border.</p><p>The report must include, among other things</p><ul><li>the criteria used by DHS to determine whether contractor personnel were necessary to assist in carrying out its mission along the border;</li><li>an analysis of the purpose, quantity, and location of contractor personnel addressing DHS mission needs along the border and enhancing the capability of DHS personnel to perform primary mission responsibilities;</li><li>an assessment of the benefits of contractor personnel performing the services;</li><li>a strategy to improve the procurement and delivery of the services through contracts over a five-year period; and</li><li>recommendations based on the report's findings.</li></ul><p>DHS must (1) submit with the report a plan to implement the recommendations and strategy contained in such report to enhance coordination, minimize overlap, and increase cost effectiveness; and (2) brief Congress with respect to the status of implementation.</p>

tv_txt: IB One Hundred Eighteenth Congress of the United States of America At the Second Session Begun and held at the City of Washington on Wednesday, the third day of January, two thousand and twenty-four H. R. 4467 AN ACT 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. Short title This Act may be cited as the DHS Border Services Contracts Review Act . 2. Assessment of contracts for covered services by the Department of Homeland Security (a) Report (1) In general Not later than 180 days after the date of the enactment of this Act, the Under Secretary for Management of the Department of Homeland Security, in consultation with appropriate officials of the Department, shall submit to the appropriate congressional committees a report regarding active contracts for covered services of the Department awarded on or before— (A) September 30, 2023; or (B) the date of the enactment of this Act, whichever occurs later. (2) Elements The report required under paragraph (1) shall include the following: (A) The criteria used by the Department of Homeland Security to determine whether contractor personnel were necessary to assist the Department in carrying out its mission along the United States land border with Mexico. (B) An analysis of the purpose, quantity, and location of contractor personnel to perform covered services of the Department with respect to effectively— (i) addressing mission needs along such border; and (ii) enhancing the capability of Department personnel to perform primary mission responsibilities, including the number of Department personnel not removed from their primary mission responsibilities by reason of the performance of covered services by contractor personnel. (C) An assessment with respect to the benefits of contractor personnel performing covered services, including whether the performance of such services by contractor personnel is more efficient or effective than the performance of such services by Department employees. (D) An assessment of opportunities to increase the efficiency of the Department with respect to contracting, including whether Department-wide contract vehicles for covered services would be the most cost effective option for the performance of covered services. (E) A strategy to improve the procurement and delivery of covered services through contracts during the five-year period beginning on the date of the enactment of this Act to— (i) achieve the best value for the Department through the use of full and open competition; and (ii) ensure no lapse in the performance of such services. (F) Recommendations based on findings resulting from the analysis and assessments required in subparagraphs (B) through (D). (G) Any other information relating to contracts for covered services that the Under Secretary for Management determines appropriate. (b) Implementation plan (1) In general The Under Secretary for Management shall submit with the report required under subsection (a) a plan to implement the recommendations and strategy contained in such report to enhance coordination, minimize overlap, and increase cost effectiveness among contracts for covered services. (2) Briefing Not later than 180 days after the date on which the Under Secretary for Management submits the report required under subsection (a) and the plan required under paragraph (1) and every 180 days thereafter until such plan is fully implemented, the Under Secretary, or the designee of the Under Secretary, shall provide to the appropriate congressional committees a briefing with respect to the status of such implementation. (c) Prohibition on funding No funds are authorized to be appropriated to carry out this section. This section shall be carried out using amounts otherwise authorized to be made available for such purposes. (d) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Homeland Security of the House of Representatives; and (B) the Committee on Homeland Security and Governmental Affairs of the Senate. (2) Contract for covered services The term contract for covered services means a contract (with a total contract value of $50,000,000 or more in 2023 constant dollars, inclusive of contract options) relating to the procurement of covered services for the Department of Homeland Security. (3) Covered services The term covered services means, with respect to the United States land border with Mexico, any service, including related to border security, provided by a contractor to be used by the Department.

Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

tv_txt: II Calendar No. 658 118th CONGRESS 2d Session H. R. 4467 [Report No. 118–257] IN THE SENATE OF THE UNITED STATES March 6, 2024 Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs December 2, 2024 Reported by Mr. Peters , without amendment AN ACT 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. Short title This Act may be cited as the DHS Border Services Contracts Review Act . 2. Assessment of contracts for covered services by the Department of Homeland Security (a) Report (1) In general Not later than 180 days after the date of the enactment of this Act, the Under Secretary for Management of the Department of Homeland Security, in consultation with appropriate officials of the Department, shall submit to the appropriate congressional committees a report regarding active contracts for covered services of the Department awarded on or before— (A) September 30, 2023, or (B) the date of the enactment of this Act, whichever occurs later. (2) Elements The report required under paragraph (1) shall include the following: (A) The criteria used by the Department of Homeland Security to determine whether contractor personnel were necessary to assist the Department in carrying out its mission along the United States land border with Mexico. (B) An analysis of the purpose, quantity, and location of contractor personnel to perform covered services of the Department with respect to effectively— (i) addressing mission needs along such border; and (ii) enhancing the capability of Department personnel to perform primary mission responsibilities, including the number of Department personnel not removed from their primary mission responsibilities by reason of the performance of covered services by contractor personnel. (C) An assessment with respect to the benefits of contractor personnel performing covered services, including whether the performance of such services by contractor personnel is more efficient or effective than the performance of such services by Department employees. (D) An assessment of opportunities to increase the efficiency of the Department with respect to contracting, including whether Department-wide contract vehicles for covered services would be the most cost effective option for the performance of covered services. (E) A strategy to improve the procurement and delivery of covered services through contracts during the five-year period beginning on the date of the enactment of this Act to— (i) achieve the best value for the Department through the use of full and open competition; and (ii) ensure no lapse in the performance of such services. (F) Recommendations based on findings resulting from the analysis and assessments required in subparagraphs (B) through (D). (G) Any other information relating to contracts for covered services that the Under Secretary for Management determines appropriate. (b) Implementation plan (1) In general The Under Secretary for Management shall submit with the report required under subsection (a) a plan to implement the recommendations and strategy contained in such report to enhance coordination, minimize overlap, and increase cost effectiveness among contracts for covered services. (2) Briefing Not later than 180 days after the date on which the Under Secretary for Management submits the report required under subsection (a) and the plan required under paragraph (1) and every 180 days thereafter until such plan is fully implemented, the Under Secretary, or the designee of the Under Secretary, shall provide to the appropriate congressional committees a briefing with respect to the status of such implementation. (c) Prohibition on funding No funds are authorized to be appropriated to carry out this section. This section shall be carried out using amounts otherwise authorized to be made available for such purposes. (d) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Homeland Security of the House of Representatives; and (B) the Committee on Homeland Security and Governmental Affairs of the Senate. (2) Contract for covered services The term contract for covered services means a contract (with a total contract value of $50,000,000 or more in 2023 constant dollars, inclusive of contract options) relating to the procurement of covered services for the Department of Homeland Security. (3) Covered services The term covered services means, with respect to the United States land border with Mexico, any service, including related to border security, provided by a contractor to be used by the Department.

December 2, 2024 Reported without amendment

tv_txt: IIB 118th CONGRESS 2d Session H. R. 4467 IN THE SENATE OF THE UNITED STATES March 6, 2024 Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs AN ACT 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. Short title This Act may be cited as the DHS Border Services Contracts Review Act . 2. Assessment of contracts for covered services by the Department of Homeland Security (a) Report (1) In general Not later than 180 days after the date of the enactment of this Act, the Under Secretary for Management of the Department of Homeland Security, in consultation with appropriate officials of the Department, shall submit to the appropriate congressional committees a report regarding active contracts for covered services of the Department awarded on or before— (A) September 30, 2023, or (B) the date of the enactment of this Act, whichever occurs later. (2) Elements The report required under paragraph (1) shall include the following: (A) The criteria used by the Department of Homeland Security to determine whether contractor personnel were necessary to assist the Department in carrying out its mission along the United States land border with Mexico. (B) An analysis of the purpose, quantity, and location of contractor personnel to perform covered services of the Department with respect to effectively— (i) addressing mission needs along such border; and (ii) enhancing the capability of Department personnel to perform primary mission responsibilities, including the number of Department personnel not removed from their primary mission responsibilities by reason of the performance of covered services by contractor personnel. (C) An assessment with respect to the benefits of contractor personnel performing covered services, including whether the performance of such services by contractor personnel is more efficient or effective than the performance of such services by Department employees. (D) An assessment of opportunities to increase the efficiency of the Department with respect to contracting, including whether Department-wide contract vehicles for covered services would be the most cost effective option for the performance of covered services. (E) A strategy to improve the procurement and delivery of covered services through contracts during the five-year period beginning on the date of the enactment of this Act to— (i) achieve the best value for the Department through the use of full and open competition; and (ii) ensure no lapse in the performance of such services. (F) Recommendations based on findings resulting from the analysis and assessments required in subparagraphs (B) through (D). (G) Any other information relating to contracts for covered services that the Under Secretary for Management determines appropriate. (b) Implementation plan (1) In general The Under Secretary for Management shall submit with the report required under subsection (a) a plan to implement the recommendations and strategy contained in such report to enhance coordination, minimize overlap, and increase cost effectiveness among contracts for covered services. (2) Briefing Not later than 180 days after the date on which the Under Secretary for Management submits the report required under subsection (a) and the plan required under paragraph (1) and every 180 days thereafter until such plan is fully implemented, the Under Secretary, or the designee of the Under Secretary, shall provide to the appropriate congressional committees a briefing with respect to the status of such implementation. (c) Prohibition on funding No funds are authorized to be appropriated to carry out this section. This section shall be carried out using amounts otherwise authorized to be made available for such purposes. (d) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Homeland Security of the House of Representatives; and (B) the Committee on Homeland Security and Governmental Affairs of the Senate. (2) Contract for covered services The term contract for covered services means a contract (with a total contract value of $50,000,000 or more in 2023 constant dollars, inclusive of contract options) relating to the procurement of covered services for the Department of Homeland Security. (3) Covered services The term covered services means, with respect to the United States land border with Mexico, any service, including related to border security, provided by a contractor to be used by the Department.

Passed the House of Representatives March 5, 2024. Kevin F. McCumber, Clerk.

tv_txt: IB 118th CONGRESS 2d Session H. R. 4467 IN THE HOUSE OF REPRESENTATIVES AN ACT 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. Short title This Act may be cited as the DHS Border Services Contracts Review Act . 2. Assessment of contracts for covered services by the Department of Homeland Security (a) Report (1) In general Not later than 180 days after the date of the enactment of this Act, the Under Secretary for Management of the Department of Homeland Security, in consultation with appropriate officials of the Department, shall submit to the appropriate congressional committees a report regarding active contracts for covered services of the Department awarded on or before— (A) September 30, 2023, or (B) the date of the enactment of this Act, whichever occurs later. (2) Elements The report required under paragraph (1) shall include the following: (A) The criteria used by the Department of Homeland Security to determine whether contractor personnel were necessary to assist the Department in carrying out its mission along the United States land border with Mexico. (B) An analysis of the purpose, quantity, and location of contractor personnel to perform covered services of the Department with respect to effectively— (i) addressing mission needs along such border; and (ii) enhancing the capability of Department personnel to perform primary mission responsibilities, including the number of Department personnel not removed from their primary mission responsibilities by reason of the performance of covered services by contractor personnel. (C) An assessment with respect to the benefits of contractor personnel performing covered services, including whether the performance of such services by contractor personnel is more efficient or effective than the performance of such services by Department employees. (D) An assessment of opportunities to increase the efficiency of the Department with respect to contracting, including whether Department-wide contract vehicles for covered services would be the most cost effective option for the performance of covered services. (E) A strategy to improve the procurement and delivery of covered services through contracts during the five-year period beginning on the date of the enactment of this Act to— (i) achieve the best value for the Department through the use of full and open competition; and (ii) ensure no lapse in the performance of such services. (F) Recommendations based on findings resulting from the analysis and assessments required in subparagraphs (B) through (D). (G) Any other information relating to contracts for covered services that the Under Secretary for Management determines appropriate. (b) Implementation plan (1) In general The Under Secretary for Management shall submit with the report required under subsection (a) a plan to implement the recommendations and strategy contained in such report to enhance coordination, minimize overlap, and increase cost effectiveness among contracts for covered services. (2) Briefing Not later than 180 days after the date on which the Under Secretary for Management submits the report required under subsection (a) and the plan required under paragraph (1) and every 180 days thereafter until such plan is fully implemented, the Under Secretary, or the designee of the Under Secretary, shall provide to the appropriate congressional committees a briefing with respect to the status of such implementation. (c) Prohibition on funding No funds are authorized to be appropriated to carry out this section. This section shall be carried out using amounts otherwise authorized to be made available for such purposes. (d) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Homeland Security of the House of Representatives; and (B) the Committee on Homeland Security and Governmental Affairs of the Senate. (2) Contract for covered services The term contract for covered services means a contract (with a total contract value of $50,000,000 or more in 2023 constant dollars, inclusive of contract options) relating to the procurement of covered services for the Department of Homeland Security. (3) Covered services The term covered services means, with respect to the United States land border with Mexico, any service, including related to border security, provided by a contractor to be used by the Department.

Passed the House of Representatives March 5, 2024. Cheryl L. Johnson, Clerk.

tv_txt: IB Union Calendar No. 190 118th CONGRESS 1st Session H. R. 4467 [Report No. 118–238] IN THE HOUSE OF REPRESENTATIVES July 6, 2023 Mr. Brecheen (for himself and Mr. Green of Tennessee ) introduced the following bill; which was referred to the Committee on Homeland Security October 2, 2023 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on July 6, 2023 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. Short title This Act may be cited as the DHS Border Services Contracts Review Act . 2. Assessment of contracts for covered services by the Department of Homeland Security (a) Report (1) In general Not later than 180 days after the date of the enactment of this Act, the Under Secretary for Management of the Department of Homeland Security, in consultation with appropriate officials of the Department, shall submit to the appropriate congressional committees a report regarding active contracts for covered services of the Department awarded on or before— (A) September 30, 2023, or (B) the date of the enactment of this Act, whichever occurs later. (2) Elements The report required under paragraph (1) shall include the following: (A) The criteria used by the Department of Homeland Security to determine whether contractor personnel were necessary to assist the Department in carrying out its mission along the United States land border with Mexico. (B) An analysis of the purpose, quantity, and location of contractor personnel to perform covered services of the Department with respect to effectively— (i) addressing mission needs along such border; and (ii) enhancing the capability of Department personnel to perform primary mission responsibilities, including the number of Department personnel not removed from their primary mission responsibilities by reason of the performance of covered services by contractor personnel. (C) An assessment with respect to the benefits of contractor personnel performing covered services, including whether the performance of such services by contractor personnel is more efficient or effective than the performance of such services by Department employees. (D) An assessment of opportunities to increase the efficiency of the Department with respect to contracting, including whether Department-wide contract vehicles for covered services would be the most cost effective option for the performance of covered services. (E) A strategy to improve the procurement and delivery of covered services through contracts during the five-year period beginning on the date of the enactment of this Act to— (i) achieve the best value for the Department through the use of full and open competition; and (ii) ensure no lapse in the performance of such services. (F) Recommendations based on findings resulting from the analysis and assessments required in subparagraphs (B) through (D). (G) Any other information relating to contracts for covered services that the Under Secretary for Management determines appropriate. (b) Implementation plan (1) In general The Under Secretary for Management shall submit with the report required under subsection (a) a plan to implement the recommendations and strategy contained in such report to enhance coordination, minimize overlap, and increase cost effectiveness among contracts for covered services. (2) Briefing Not later than 180 days after the date on which the Under Secretary for Management submits the report required under subsection (a) and the plan required under paragraph (1) and every 180 days thereafter until such plan is fully implemented, the Under Secretary, or the designee of the Under Secretary, shall provide to the appropriate congressional committees a briefing with respect to the status of such implementation. (c) Prohibition on funding No funds are authorized to be appropriated to carry out this section. This section shall be carried out using amounts otherwise authorized to be made available for such purposes. (d) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Homeland Security of the House of Representatives; and (B) the Committee on Homeland Security and Governmental Affairs of the Senate. (2) Contract for covered services The term contract for covered services means a contract (with a total contract value of $50,000,000 or more in 2023 constant dollars, inclusive of contract options) relating to the procurement of covered services for the Department of Homeland Security. (3) Covered services The term covered services means, with respect to the United States land border with Mexico, any service, including related to border security, provided by a contractor to be used by the Department.

October 2, 2023 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

tv_txt: I 118th CONGRESS 1st Session H. R. 4467 IN THE HOUSE OF REPRESENTATIVES July 6, 2023 Mr. Brecheen (for himself and Mr. Green of Tennessee ) introduced the following bill; which was referred to the Committee on Homeland Security 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. Short title This Act may be cited as the DHS Border Services Contracts Review Act . 2. Assessment of contracts for covered services by the Department of Homeland Security (a) Report (1) In general Not later than 180 days after the date of the enactment of this Act, the Under Secretary for Management of the Department of Homeland Security, in consultation with appropriate officials of the Department, shall submit to the appropriate congressional committees a report regarding active contracts for covered services of the Department awarded on or before— (A) September 30, 2023, or (B) the date of the enactment of this Act, whichever occurs later. (2) Elements The report required under paragraph (1) shall include the following: (A) The criteria used by the Department of Homeland Security to determine whether contractor personnel were necessary to assist the Department in carrying out its mission along the United States land border with Mexico. (B) An analysis of the purpose, quantity, and location of contractor personnel to perform covered services of the Department with respect to effectively— (i) addressing mission needs along such border; and (ii) enhancing the capability of Department personnel to perform primary mission responsibilities, including the number of Department personnel not removed from their primary mission responsibilities by reason of the performance of covered services by contractor personnel. (C) An assessment with respect to the benefits of contractor personnel performing covered services, including whether the performance of such services by contractor personnel is more efficient or effective than the performance of such services by Department employees. (D) An assessment of opportunities to increase the efficiency of the Department with respect to contracting, including whether Department-wide contract vehicles for covered services would be the most cost effective option for the performance of covered services. (E) A strategy to improve the procurement and delivery of covered services through contracts during the five-year period beginning on the date of the enactment of this Act to— (i) achieve the best value for the Department through the use of full and open competition; and (ii) ensure no lapse in the performance of such services. (F) Recommendations based on findings resulting from the analysis and assessments required in subparagraphs (B) through (D). (G) Any other information relating to contracts for covered services that the Under Secretary for Management determines appropriate. (b) Implementation plan (1) In general The Under Secretary for Management shall transmit with the report required under subsection (a) a plan to implement the recommendations and strategy contained in such report to enhance coordination, minimize overlap, and increase cost effectiveness among contracts for covered services. (2) Briefing Not later than 180 days after the date on which the Under Secretary for Management submits the report required under subsection (a) and the plan required under paragraph (1) and every 180 days thereafter until such plan is fully implemented, the Under Secretary, or the designee of the Under Secretary, shall provide a briefing to the appropriate congressional committees with respect to the status of such implementation. (c) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Homeland Security of the House of Representatives; and (B) the Committee on Homeland Security and Governmental Affairs of the Senate. (2) Contract for covered services The term contract for covered services means a contract (with a total contract value of $50,000,000 or more in 2023 constant dollars, inclusive of contract options) relating to the procurement of covered services for the Department of Homeland Security. (3) Covered services The term covered services means, with respect to the United States land border with Mexico, any service, including related to border security, provided by a contractor to be used by the Department.