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H.R. 9459, PATHS Act

H.R. 9459 would extend through 2027 the authority for the Department of Homeland Security (DHS) to waive the requirements of the Federal Acquisition Regulation (the procedures that guide federal procurement actions) for certain research and development projects. DHS uses that authority, known as “Other Transaction Authority,” to participate in research that broadens its knowledge base, test emerging technologies, and work with organizations that have not previously contracted with the federal government. Under current law, that authority expires on September 30, 2024. 

H.R. 9459 also would require DHS to notify the Congress within 72 hours of using the authority to procure artificial intelligence technology. Lastly, the bill would expand the requirement for DHS to publicly report information on its awarded contracts to include those valued at more than $1 million. Under current law, that requirement is for contracts valued at more than $4 million. 

“Other Transaction Authority” is a contracting tool that DHS uses for its procurement of some research and development projects, but CBO does not expect that it significantly affects DHS spending on those activities. Based on the costs of similar activities, CBO estimates that the bill’s notification and reporting requirements would cost less than $500,000 over the 2024-2029 period. Any related spending would be subject to the availability of appropriated funds.

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