[Congressional Record Volume 170, Number 39 (Tuesday, March 5, 2024)]
[House]
[Pages H789-H791]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DHS BORDER SERVICES CONTRACTS REVIEW ACT
Mr. GREEN of Tennessee. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 4467) 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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4467
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
[[Page H790]]
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Tennessee (Mr. Green) and the gentleman from Louisiana (Mr. Carter)
each will control 20 minutes.
The Chair recognizes the gentleman from Tennessee.
General Leave
Mr. GREEN of Tennessee. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days in which to revise and extend their
remarks and include extraneous material on H.R. 4467.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Tennessee?
There was no objection.
Mr. GREEN of Tennessee. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I rise in support of H.R. 4467. As we are all aware, the
volume of migrant encounters along the U.S.-Mexico border has increased
exponentially in the past few years. As such, it has been necessary for
the Department of Homeland Security to secure goods and services from
contractors to care for migrants taken into custody by U.S. Customs and
Border Protection. These contracts have enabled our dedicated Border
Patrol agents and CBP officers to remain focused on their primary
mission of securing our borders. Unfortunately, in the past, DHS has
had issues with respect to awarding such contracts.
H.R. 4467, the DHS Border Services Contracts Review Act, directs DHS
to assess active contracts for covered services performed by contractor
personnel along the U.S. land border with Mexico and submit to Congress
a report with recommendations and strategies to improve the procurement
and delivery of services through such contracts.
I thank Congressman Brecheen for his work on this bill, and I urge my
colleagues to join me in support of H.R. 4467, a very important piece
of legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. CARTER of Louisiana. Mr. Speaker, I yield myself such time as I
may consume.
DHS spends billions of dollars on service contracts to support its
various missions, including its mission to secure the southwest border.
These contracts provide a wide range of services such as
transportation, medical care, and facilities to house migrants.
Given both the cost and the importance of these contracts to DHS'
southwest border mission, H.R. 4467, introduced by Mr. Brecheen, seeks
to improve DHS' procurement of contractor services used along the
southwest border.
The bill requires DHS to identify service contracts valued at more
than $50 million used along the southwest border and to assess whether
those contracts are necessary to assist DHS in carrying out its
mission.
The bill also calls upon DHS to identify areas to improve efficiency
and cost-effectiveness in its use of service contracts along the
southwest border and to develop a strategy and implementation plan to
carry out such improvements.
Finally, the bill also requires DHS to share its assessments,
strategy, and plans with Congress both through a report and in standing
briefings.
H.R. 4467 had bipartisan support both in this Congress and last,
passing through the committee by voice vote.
Mr. Speaker, I urge my colleagues to support this important measure,
and I reserve the balance of my time.
Mr. GREEN of Tennessee. Mr. Speaker, I yield 5 minutes to the
gentleman from Oklahoma (Mr. Brecheen), the sponsor of this bill.
Mr. BRECHEEN. Mr. Speaker, I rise in support of the DHS Border
Services Contracts Review Act, H.R. 4467.
It goes without saying that the Border Patrol is overwhelmed when
handling hundreds of thousands of illegal aliens coming across our
southern border, and our national debt is increasing by nearly $1
trillion every 100 days. Congress must provide the oversight necessary
and do everything in its power to simultaneously assist Border Patrol
and also cut back on inefficient spending.
Federal contractors have a role within DHS when the Federal
Government cannot meet the requirements necessary to carry out its
mission. In the last decade, DHS has increasingly relied on service
contracts to carry out these operations. According to the Government
Accountability Office, DHS' contracted services have increased by 40
percent between fiscal years 2013 and 2018, obligating nearly $70
billion in contracts over that 5-year window.
In May of 2020, the GAO conducted a study on DHS service contracts
that the Department uses for assistance. They examined eight DHS
contracts and found that three-quarters of those contractors were never
given any guidance by DHS on actions that are inherently under the
jurisdiction of the Federal Government. GAO also reported that DHS has
no consistent plan for contract oversight necessary to prevent
overlapping work with contractors. This lack of guidance and potential
overlap in functions highlights a glaring need for this report,
especially considering the financial dilemma that we find ourselves in
today.
To combat this potential problem, H.R. 4467 directs the Department of
Homeland Security Under Secretary for Management to assess contracts
above $50 million for covered services performed by contractor
personnel along the U.S. border with Mexico to minimize overlap and cut
inefficiencies.
This legislation requires the USM to report to Congress on active
contracts, recommendations on how they can better be used to increase
efficiency, and the criteria used to determine when contractor
personnel is necessary for DHS to carry out its mission.
If enacted, this bill would provide needed clarity and oversight on
which service contracts are helping DHS at the border and where there
is room for improved efficiencies.
To ensure that taxpayer dollars are used responsibly, it includes a
provision that prohibits the Department from requesting additional
funding to carry out this legislation. I will reiterate that: Section
2(c) specifies that this legislation will not cost a dime.
I thank Chairman Green and the committee staff, and I urge all
Members to support this commonsense legislation.
{time} 1530
Mr. CARTER of Louisiana. Mr. Speaker, I have no more speakers, and I
yield myself the balance of my time.
Mr. Speaker, I commend my colleague from Oklahoma (Mr. Brecheen) for
introducing this bill aimed at improving DHS' procurement of contracted
services used along the southern border.
Mr. Speaker, I urge my colleagues to support H.R. 4467, and I yield
back the balance of my time.
Mr. GREEN of Tennessee. Mr. Speaker, I yield myself the balance of my
time.
Mr. Speaker, I urge my colleagues to support H.R. 4467, and I yield
back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Tennessee (Mr. Green) that the House suspend the
[[Page H791]]
rules and pass the bill, HR. 4467, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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