[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4467 Referred in Senate (RFS)]

<DOC>
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.

    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 Border Services Contracts Review 
Act''.

SEC. 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.

            Attest:

                                             KEVIN F. MCCUMBER,

                                                                 Clerk.