[House Report 118-238]
[From the U.S. Government Publishing Office]


118th Congress }                                          { REPORT 
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                          { 118-238

======================================================================
 
                DHS BORDER SERVICES CONTRACTS REVIEW ACT

                                _______
                                

October 2, 2023.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. Green of Tennessee, from the Committee on Homeland Security, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 4467]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
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, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     3
Background and Need for Legislation..............................     3
Hearings.........................................................     4
Committee Consideration..........................................     4
Committee Votes..................................................     4
Committee Oversight Findings.....................................     4
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and 
  Tax Expenditures...............................................     4
Federal Mandates Statement.......................................     5
Duplicative Federal Programs.....................................     5
Statement of General Performance Goals and Objectives............     6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     6
Advisory Committee Statement.....................................     6
Applicability to Legislative Branch..............................     6
Section-by-Section Analysis of the Legislation...................     6

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

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.

                          PURPOSE AND SUMMARY

    The ``DHS Border Services Contracts Review Act,'' directs 
the Under Secretary for Management (USM) of the Department of 
Homeland Security (DHS) to assess active contracts for covered 
services performed by contractor personnel along the United 
States land border with Mexico. This legislation specifically 
applies to contracts with a value of $50,000,000 or more that 
were awarded on or before September 30, 2023, or the date of 
the enactment of this Act, whichever occurs later.
    H.R. 4467 requires the USM to submit to Congress a report 
with recommendations on active contracts utilized for border 
support services, including a strategy to improve the 
procurement and delivery of services through such contracts. 
Additionally, this legislation also requires the USM to provide 
Congress with an implementation plan for the recommendations 
and strategy contained in the report. Lastly, this bill 
requires the USM to brief Congress on the status of the 
implementation plan.

                  BACKGROUND AND NEED FOR LEGISLATION

    In recent years, the volume of migrant encounters along the 
U.S.-Mexico border has necessitated DHS to secure goods and 
services from contractors to care for migrants taken into 
custody by U.S. Customs and Border Protection (CBP). The 
essential services provided by contractors help ensure that our 
dedicated Border Patrol agents and CBP officers can remain 
focused on what they do best--securing our border. 
Unfortunately, DHS has had issues with respect to awarding such 
contracts. For example, the DHS Office of Inspector General 
(OIG) found that DHS' response to the 2019 surge in migrant 
encounters on the Southwest border required ``forethought, 
multi-component planning, and a coordinated response, which 
ultimately did not occur.'' The OIG found that the surge 
stretched CBP operations and strained the resources of DHS 
partners; as a result, there was severe overcrowding and 
prolonged migrant detention at CBP holding facilities. Despite 
receiving supplemental funding from Congress to address its 
operational needs for the surge, by the time CBP contracted for 
additional facilities to house migrants, the bulk of the surge 
had passed.\1\
---------------------------------------------------------------------------
    \1\``DHS' Fragmented Approach to Immigration Enforcement and Poor 
Planning Resulted in Extended Migrant Detention during the 2019 Surge 
(OIG-21-29),'' DHS Office of Inspector General, (Mar. 18, 2021), 
available at https://www.oig.dhs.gov/sites/default/files/assets/2021-
03/OIG-21-29-Mar21.pdf.
---------------------------------------------------------------------------
    Further, in September 2020, the DHS OIG issued a management 
alert ``to advise the Department of Homeland Security and U.S. 
Customs and Border Protection (CBP) of the urgency and short 
timeframe to award a new medical services contract to support 
operations on the Southwest border.'' At that time, CBP had 
fewer than 30 days before its contract for medical services was 
set to expire. The OIG stated, ``A lapse in this contract could 
jeopardize the health and safety of migrants in CBP custody, as 
well as that of U.S. Border Patrol agents, CBP officers, and 
staff, especially during the current pandemic.'' Due to 
planning delays, CBP issued a bridge contract--a noncompetitive 
contract with the incumbent contractor--preventing the 
government from receiving the benefits of full and open 
competition.\2\
---------------------------------------------------------------------------
    \2\``Management Alert--CBP Needs to Award A Medical Services 
Contract Quickly to Ensure No Gap in Services (OIG-20-70),'' DHS Office 
of Inspector General, (Sept. 3, 2020), available at https://
www.oig.dhs.gov/sites/default/files/assets/Mga/2020/oig-20-70-sep20-
mgmtalert.pdf.
---------------------------------------------------------------------------
    While the issue with the specific contract in the OIG 
management alert has since been resolved, the number of 
migrants encountered along the U.S.-Mexico border continues to 
put an enormous strain on DHS resources. Since the start of 
2021, CBP has encountered more than 5.79 million migrants along 
the Southwest border.\3\ Given this continuing trend, it is 
imperative that DHS provides visibility into Southwest border-
related contracts, including those related to migrant 
detention, so that Congress may continue proper oversight and 
ensure that DHS personnel remain focused on their primary 
mission of securing our border. Having better oversight and 
knowledge of contract utilization and support needs will help 
ensure that DHS has the appropriate resources in place to care 
for migrants and minimize the need to remove DHS personnel from 
their area of responsibility.
---------------------------------------------------------------------------
    \3\``Southwest Land Border Encounters.'' U.S. Customs and Border 
Protection, (September 18, 2023). Available at https://www.cbp.gov/
newsroom/stats/southwest-land-border-encounters.
---------------------------------------------------------------------------

                                HEARINGS

    The Committee held the following hearings in the 118th 
Congress that informed H.R. 4467:
    On April 19, 2023, the Committee on Homeland Security held 
a hearing entitled ``A Review of the Fiscal Year 2024 Budget 
Request for the Department of Homeland Security.'' The 
Committee received testimony from the Honorable Alejandro 
Mayorkas, Secretary, U.S. Department of Homeland Security.

                        COMMITTEE CONSIDERATION

    The Committee met on Wednesday, July 12, 2023, a quorum 
being present, to consider H.R. 4467 and ordered the measure to 
be favorably reported to the House, as amended, by voice vote.

                            COMMITTEE VOTES

    Clause 3(b) of rule XIII requires the Committee to list the 
recorded votes on the motion to report legislation and 
amendments thereto.
    No recorded votes were requested during consideration of 
H.R. 4467.

                      COMMITTEE OVERSIGHT FINDINGS

    In compliance with clause 3(c)(1) of rule XIII, the 
Committee advises that the findings and recommendations of the 
Committee, based on oversight activities under clause 2(b)(1) 
of rule X, are incorporated in the descriptive portions of this 
report.

CONGRESSIONAL BUDGET OFFICE ESTIMATE, NEW BUDGET AUTHORITY, ENTITLEMENT 
                    AUTHORITY, AND TAX EXPENDITURES

    With respect to the requirements of clause 3(c) of rule 
XIII and section 308(a) of the Congressional Budget Act of 
1974, and with respect to the requirements of clause 3(c)(3) of 
rule XIII and section 402 of the Congressional Budget Act of 
1974, the Committee adopts as its own the estimate of any new 
budget authority, spending authority, credit authority, or an 
increase or decrease in revenues or tax expenditures contained 
in the cost estimate prepared by the Director of the 
Congressional Budget Office.




    H.R. 4467 would require the Department of Homeland Security 
(DHS) to submit a report to the Congress on its active 
contracts that are above $50 million and that relate to U.S.-
Mexico border security. The report must include recommendations 
to enhance coordination of services, minimize overlap, and 
increase cost effectiveness of those contracts. H.R. 4467 also 
would require DHS to submit a plan to the Congress on how to 
implement its recommendations. Under the bill, DHS would be 
required to brief the Congress on that plan every 180 days 
until it is fully implemented.
    Based on the costs of similar activities, CBO estimates 
that implementing H.R. 4467 would cost $2 million for 
personnel, administrative, and contractor support over the 
2024-2028 period. Such spending would be subject to the 
availability of appropriated funds.
    The CBO staff contact for this estimate is Jeremy Crimm. 
The estimate was reviewed by Ann E. Futrell, Senior Adviser for 
Budget Analysis.

                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

                       FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act of 1995.

                      DUPLICATIVE FEDERAL PROGRAMS

    Pursuant to clause 3(c) of rule XIII, the Committee finds 
that H.R. 4467 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    Pursuant to clause 3(c)(4) of rule XIII, the objective of 
H.R. 4467 is to enhance coordination, minimize overlap, and to 
increase cost effectiveness among those contracts for covered 
services performed by contractor personnel along the border of 
the United States.

   CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF 
                                BENEFITS

    In compliance with rule XXI, this bill, as reported, 
contains no congressional earmarks, limited tax benefits, or 
limited tariff benefits as defined in clause 9(d), 9(e), or 
9(f) of rule XXI.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act (5 U.S.C. Sec. 1004) were 
created by this legislation.

                APPLICABILITY TO THE LEGISLATIVE BRANCH

    The Committee finds that H.R. 4467 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act.

             SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title

    This section states that the 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

    This section requires that not later than 180 days after 
the date of the enactment of this Act, the USM for DHS shall 
submit to the House Committee on Homeland Security and Senate 
Committee on Homeland Security and Governmental Affairs a 
report on active contracts of $50,000,000 or more that were 
awarded on or before September 30, 2023, or the date of the 
enactment of this Act, whichever occurs later. The required 
report shall include the criteria used by DHS to determine 
whether contractor personnel were necessary to assist the 
Department in carrying out its mission along the United States 
land border with Mexico.
    The report shall also include an analysis of the 
effectiveness of contracts in meeting mission needs, 
assessments of the benefits of using contracts and 
opportunities to increase efficiency, a strategy to improve the 
procurement and delivery of services through contracts, 
recommendations based on findings resulting from the analysis 
and assessments.
    This section also requires that the USM transmit an 
implementation plan with the required report that includes a 
plan to implement the recommendations and strategy contained in 
the report to enhance coordination, minimize overlap, and 
increase cost effectiveness among contracts.
    Further, this section requires that the USM brief the House 
Committee on Homeland Security and Senate Committee on Homeland 
Security and Governmental Affairs not later than 180 days after 
submission of the required report and implementation plan, and 
every 180 days thereafter, until the plan is fully implemented.

                                  [all]