[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4363 Referred in Senate (RFS)]

<DOC>
117th CONGRESS
  1st Session
                                H. R. 4363


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 30, 2021

Received, read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 AN ACT


 
To establish a daily public reporting requirement for covered contract 
 awards of the Department of Homeland Security, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``DHS Contract Reporting Act of 
2021''.

SEC. 2. DAILY PUBLIC REPORT OF COVERED CONTRACT AWARDS.

    (a) Daily Report.--
            (1) 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. Each reported covered contract award 
        shall include information relating to--
                    (A) the contract number, modification number, or 
                delivery order number;
                    (B) the contract type;
                    (C) the amount obligated for such award;
                    (D) the total contract value for such award, 
                including all options;
                    (E) the description of the purpose for such award;
                    (F) the number of proposals or bids received;
                    (G) the name and address of the vendor, and whether 
                such vendor is considered a small business;
                    (H) the period and each place of performance for 
                such award;
                    (I) whether such award is multiyear;
                    (J) whether such award requires a small business 
                subcontracting plan; and
                    (K) the contracting office and the point of contact 
                for such office.
            (2) Update.--Updates referred to in paragraph (1) shall 
        occur not later than two business days after the date on which 
        the covered contract is authorized or modified.
            (3) Subscribing to alerts.--The website referred to in 
        paragraph (1) shall provide the option to subscribe to an 
        automatic notification of the publication of each report 
        required under such paragraph.
            (4) Effective date.--Paragraph (1) shall take effect on the 
        date that is 180 days after the date of the enactment of this 
        section.
    (b) Undefinitized Contract Action or Definitized Amount.--If a 
covered contract award reported pursuant to subsection (a) includes an 
undefinitized contract action, the Secretary shall--
            (1) report the estimated total contract value for such 
        award and the amount obligated upon award; and
            (2) once such award is definitized, update the total 
        contract value and amount obligated.
    (c) Exemption.--Each report required under subsection (a) shall not 
include covered contract awards relating to classified products, 
programs, or services.
    (d) Definitions.--In this section:
            (1) Covered contract award.--The term ``covered contract 
        award''--
                    (A) means a contract action of the Department with 
                the total authorized dollar amount of $4,000,000 or 
                greater, 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 such term 
        is described 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 a covered 
        contract award.

            Passed the House of Representatives September 29, 2021.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.