HR 9459 — PATHS Act Producing Advanced Technologies for Homeland Security Act

changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

 HOMELAND SECURITY ACT OF 2002

 * * * * * * *
TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; 
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS

 * * * * * * *

 Subtitle D--Acquisitions

SEC. 831. RESEARCH AND DEVELOPMENT PROJECTS.

 (a) Authority.--[Until September 30, 2024, and subject to 
subsection (d)] Until September 30, 2027, and subject to 
subsection (c), the Secretary may carry out a pilot program 
under which the Secretary may exercise the following 
authorities:
 (1) In general.--When the Secretary carries out 
 basic, applied, and advanced research and development 
 projects, including the expenditure of funds for such 
 projects, the Secretary may exercise the same authority 
 (subject to the same limitations and conditions) with 
 respect to such research and projects as the Secretary 
 of Defense may exercise under section 4021 of title 10, 
 United States Code (except for subsections (b) and 
 (f)), after making a determination that the use of a 
 contract, grant, or cooperative agreement for such 
 project is not feasible or appropriate. The annual 
 report required under subsection (b) of this section, 
 as applied to the Secretary by this paragraph, shall be 
 submitted to the President of the Senate and the 
 Speaker of the House of Representatives.
 (2) Prototype projects.--The Secretary--
 (A) may, under the authority of paragraph 
 (1), carry out prototype projects under section 
 4022 of title 10, United States Code; and
 (B) in applying the authorities of such 
 section 4022, the Secretary shall perform the 
 functions of the Secretary of Defense as 
 prescribed in such section.
 (3) Other transaction authority involving artificial 
 intelligence.--Not later than 72 hours after the use or 
 extension of the transaction authority authorized under 
 paragraph (1) involving artificial intelligence 
 technology, the Secretary shall notify the Committee on 
 Appropriations and the Committee on Homeland Security 
 and Governmental Affairs of the Senate and the 
 Committee on Appropriations and the Committee on 
 Homeland Security of the House of Representatives and 
 offer a briefing explaining the reason for the use or 
 extension.
 (b) Procurement of Temporary and Intermittent Services.--The 
Secretary may--
 (1) procure the temporary or intermittent services of 
 experts or consultants (or organizations thereof) in 
 accordance with section 3109(b) of title 5, United 
 States Code; and
 (2) whenever necessary due to an urgent homeland 
 security need, procure temporary (not to exceed 1 year) 
 or intermittent personal services, including the 
 services of experts or consultants (or organizations 
 thereof), without regard to the pay limitations of such 
 section 3109.
 (c) Additional Requirements.--
 (1) In general.--The authority of the Secretary under 
 this section shall terminate [September 30, 2024] 
 September 30, 2027, unless before that date the 
 Secretary--
 (A) issues policy guidance detailing the 
 appropriate use of that authority; and
 (B) provides training to each employee that 
 is authorized to exercise that authority.
 (2) Report.--The Secretary shall provide an annual 
 report to the Committees on Appropriations of the 
 Senate and the House of Representatives, the Committee 
 on Homeland Security and Governmental Affairs of the 
 Senate, and the Committee on Homeland Security of the 
 House of Representatives detailing the projects for 
 which the authority granted by subsection (a) was used, 
 the rationale for its use, the funds spent using that 
 authority, the outcome of each project for which that 
 authority was used, and the results of any audits of 
 such projects.
 (d) Definition of Nontraditional Government Contractor.--In 
this section, the term ``nontraditional Government contractor'' 
has the same meaning as the term ``nontraditional defense 
contractor'' as defined in section 4022(e) of title 10, United 
States Code.

 * * * * * * *

 ---------- 

JAMES M. INHOFE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2023

 * * * * * * *
DIVISION G--HOMELAND SECURITY

 * * * * * * *

TITLE LXXI--HOMELAND SECURITY MATTERS

 * * * * * * *

Subtitle B--Strengthening DHS Management, Policymaking, and Operations

 * * * * * * *

SEC. 7113. DAILY PUBLIC REPORT OF COVERED CONTRACT AWARDS.

 (a) Daily Contract Reporting Requirements.--
 (1) Report.--
 (A) In general.--The Secretary shall post, 
 maintain, and update in accordance with 
 paragraph (2), on a publicly available website 
 of the Department, a daily report of all 
 covered contract awards.
 (B) Contents.--Each report under this 
 paragraph shall include, for each covered 
 contract award, information relating to the 
 following:
 (i) The contract number, modification 
 number, or delivery order number.
 (ii) The contract type.
 (iii) The amount obligated for the 
 award.
 (iv) The total contract value for the 
 award, including all options.
 (v) The description of the purpose 
 for the award.
 (vi) The number of proposals or bids 
 received.
 (vii) The name and address of the 
 vendor, and whether the vendor is a 
 small business.
 (viii) The period and primary place 
 of performance for the award.
 (ix) Whether the award is multiyear.
 (x) The contracting office.
 (2) Update.--The Secretary shall make updates 
 referred to in paragraph (1) not later than five 
 business days after the date on which a covered 
 contract is authorized or modified.
 (3) Effective date.--Paragraph (1) shall take effect 
 on the date that is 180 days after the date of the 
 enactment of this Act.
 (b) Undefinitized Contract Action or Definitized Amount.--If 
a covered contract award reported under subsection (a) includes 
an undefinitized contract action, the Secretary shall--
 (1) report the estimated total contract value for the 
 award and the amount obligated upon award; and
 (2) once there is a definitized amount for the award, 
 update the total contract value and amount obligated.
 (c) Exemption.--Each report required under subsection (a) 
shall not include covered contract awards for which synopsis 
was exempted under section 5.202(a)(1) of the Federal 
Acquisition Regulation, or any successor thereto.
 (d) Definitions.--In this section:
 (1) Covered contract award.--The term ``covered 
 contract award''--
 (A) means a contract action of the Department 
 with a total contract value of not less than 
 [$4,000,000] $1,000,000, including unexercised 
 options; and
 (B) includes--
 (i) contract awards governed by the 
 Federal Acquisition Regulation;
 (ii) modifications to a contract 
 award that increase the total value, 
 expand the scope of work, or extend the 
 period of performance;
 (iii) orders placed on a multiple-
 award or multiple-agency contract that 
 includes delivery or quantity terms 
 that are indefinite;
 (iv) other transaction authority 
 agreements; and
 (v) contract awards made with other 
 than full and open competition.
 (2) Definitized amount.--The term ``definitized 
 amount'' means the final amount of a covered contract 
 award after agreement between the Department and the 
 contractor at issue.
 (3) Department.--The term ``Department'' means the 
 Department of Homeland Security.
 (4) Secretary.--The term ``Secretary'' means the 
 Secretary of Homeland Security.
 (5) Small business.--The term ``small business'' 
 means an entity that qualifies as a small business 
 concern, as defined under section 3 of the Small 
 Business Act (15 U.S.C. 632).
 (6) Total contract value.--The term ``total contract 
 value'' means the total amount of funds expected to be 
 provided to the contractor at issue under the terms of 
 the contract through the full period of performance.
 (7) Undefinitized contract action.--The term 
 ``undefinitized contract action'' means any contract 
 action for which the contract terms, specifications, or 
 price is not established prior to the start of the 
 performance of the covered contract award.
 (e) Sunset.--This section shall cease to have force or effect 
on the date that is five years after the date of the enactment 
of this Act.

 * * * * * * *