[118th Congress Public Law 171]
[From the U.S. Government Publishing Office]
[[Page 2589]]
DHS BORDER SERVICES CONTRACTS
REVIEW ACT
[[Page 138 STAT. 2590]]
Public Law 118-171
118th Congress
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. <<NOTE: Dec. 23, 2024 - [H.R. 4467]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: DHS Border
Services Contracts Review Act.>>
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) <<NOTE: Criteria.>> 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) <<NOTE: Analysis.>> 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
[[Page 138 STAT. 2591]]
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) <<NOTE: Strategy. Time period. Effective
date.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Time period.>> 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
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Mexico, any service, including related to border security,
provided by a contractor to be used by the Department.
Approved December 23, 2024.
LEGISLATIVE HISTORY--H.R. 4467:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 118-238 (Comm. on Homeland Security).
SENATE REPORTS: No. 118-257 (Comm. on Homeland Security and Governmental
Affairs).
CONGRESSIONAL RECORD, Vol. 170 (2024):
Mar. 5, considered and passed House.
Dec. 16, considered and passed Senate.
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