[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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