[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4467 Enrolled Bill (ENR)]
H.R.4467
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
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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.