[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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