[House Report 117-232]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 117-232
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DEPARTMENT OF HOMELAND SECURITY BORDER SUPPORT SERVICES CONTRACTS
REVIEW ACT
_______
January 21, 2022.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Thompson of Mississippi, from the Committee on Homeland Security,
submitted the following
R E P O R T
[To accompany H.R. 5683]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 5683) 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 borders of the United States, and for other
purposes, having considered the same, reports favorably thereon
with amendments 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............ 5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 5
Advisory Committee Statement..................................... 5
Applicability to Legislative Branch.............................. 5
Section-by-Section Analysis of the Legislation................... 5
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Homeland Security Border
Support 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 on active
contracts for covered services of the Department awarded on or
before September 30, 2021.
(2) Elements.--The report required under paragraph (1) shall
include the following:
(A) The criteria used by the Department 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 achieve the best value for the
Department through the use of full and open competition
and to 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 determines to
be appropriate.
(b) Implementation Plan.--
(1) In general.--The Under Secretary for Management shall
transmit 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 paragraph (1) of subsection (a) and the plan
required under paragraph (1) and every 180 days thereafter
until the plan is fully implemented, the Under Secretary, or
the designee of the Under Secretary, shall provide a briefing
to the appropriate congressional committees with respect to the
status of such implementation.
(c) Definitions.--In this section:
(1) 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) The term ``contract for covered services'' means a
contract (with a total contract value of $50,000,000 or more,
inclusive of contract options) relating to the procurement of
covered services for the Department of Homeland Security.
(3) 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.
Amend the title so as to read:
A bill 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.
PURPOSE AND SUMMARY
H.R. 5683, the ``Department of Homeland Security Border
Support Services Contracts Review Act,'' directs the Under
Secretary for Management (USM) of the Department of Homeland
Security (DHS) to assess contracts for covered services
performed by contractor personnel along the border of the
United States. This bill 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, H.R. 5683 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, or designee, 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 been heavy, necessitating DHS to secure
goods and services from contractors to care for migrants taken
into custody by U.S. Customs and Border Protection (CBP).\1\
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.''\2\ 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.
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\1\John Gramlich and Alissa Scheller, ``What's happening at the
U.S.-Mexico border in 7 charts,'' Pew Research Center, (Nov. 9, 2021),
available at https://www.pewresearch.org/fact-tank/2021/11/09/whats-
happening-at-the-u-s-mexico-border-in-7-charts/.
\2\``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.''\3\ At that time, CBP had
less 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.''\4\ 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.
---------------------------------------------------------------------------
\3\``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, at p. 3.
\4\Id.
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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.
HEARINGS
For the purposes of clause 3(c)(6) of rule XIII of the
Rules of the House of Representatives, the following hearings
were used to develop H.R. 5683:
On March 17, 2021, the Committee on Homeland
Security held a hearing entitled, ``The Way Forward on
Homeland Security.'' The Committee received testimony
from the Hon. Alejandro Mayorkas, Secretary of Homeland
Security.
On June 10, 2021, the Homeland Security
Committee's Border Security, Facilitation, and
Operations Subcommittee held a hearing entitled,
``Unaccompanied Children at the Border: Federal
Response and the Way Forward.'' The Subcommittee
received testimony from Mr. David Shahoulian, Assistant
Secretary, Border Security and Immigration, DHS; Mr.
Benjamine Huffman, Executive Assistant Commissioner,
Enterprise Services, CBP, DHS; Ms. Katherine D.
Dueholm, Acting Deputy Assistant Secretary for Western
Hemisphere Affairs, Department of State; and Mr.
Patrick J. Lechleitner, Acting Executive Associate
Director, Homeland Security Investigations, U.S.
Immigration and Customs Enforcement, DHS.
COMMITTEE CONSIDERATION
The Committee met on October 26, 2021, a quorum being
present, to consider H.R. 5683 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. 5683.
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)(2) 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 has requested but not received from the
Director of the Congressional Budget Office a statement as to
whether this bill contains any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
FEDERAL MANDATES STATEMENT
An estimate of Federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
DUPLICATIVE FEDERAL PROGRAMS
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 5683 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. 5683 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 were created by this
legislation.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that H.R. 5683 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
``Department of Homeland Security Border Support 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 with a value of $50 million or more
for services related to the United States land border with
Mexico awarded on or before September 30, 2021. The required
report shall 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, and 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.
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