Overview
Title
An Act To amend the Homeland Security Act of 2002 to enable secure and trustworthy technology through other transaction contracting authority, and for other purposes.
ELI5 AI
The bill lets the Department of Homeland Security use special rules to buy cool new technology, like smart computers, to help keep everyone safe, and it changes how big or small those tech projects can be.
Summary AI
H. R. 1692 aims to amend the Homeland Security Act of 2002 to promote secure and reliable technology by extending the authority for certain types of technology contracts. The bill allows the Department of Homeland Security to continue using special contracting methods for advanced research and development until September 30, 2028, particularly focusing on artificial intelligence, while requiring prompt notification to Congress if this authority is exercised. Additionally, it proposes reducing the maximum amount for certain defense contract awards from $4,000,000 to $1,000,000. The House of Representatives passed this bill on March 11, 2025.
Published
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AnalysisAI
Summary of the Bill
The bill, known as the “Producing Advanced Technologies for Homeland Security Act” or the “PATHS Act,” proposes amendments to the Homeland Security Act of 2002. The key changes involve extending a research and development acquisition pilot program until September 30, 2028. This extension introduces a requirement for prompt notifications to several congressional committees when utilizing transaction authority, especially concerning artificial intelligence technology. Additionally, the bill amends spending thresholds for certain contract awards, reducing them from $4,000,000 to $1,000,000.
Significant Issues
One of the primary issues with this bill is the extension of the acquisition pilot program from 2024 to 2028. Without a clear explanation of why these additional four years are necessary, there is concern about potential increased federal spending and its impact on taxpayers. Additionally, the bill mandates a notification requirement to specific congressional committees within 72 hours when using transaction authority involving artificial intelligence. This brief timeline may not allow for in-depth assessments, possibly affecting oversight and accountability.
Another issue is the reduction in the maximum covered contract award amount from $4,000,000 to $1,000,000. While this change might be intended to encourage fiscal prudence, it could restrict the scope of potential research and development projects that are crucial for enhancing national security capabilities. Lastly, the term "OTHER TRANSACTION AUTHORITY" might not be readily understandable to all involved parties, possibly leading to confusion or mishandling.
Impact on the Public
Broadly, the bill's provisions could have financial implications for taxpayers, as extending the pilot program may entail substantial spending without a specified rationale or expected outcomes. The prompt notification requirement, while aimed at maintaining congressional oversight, may result in insufficient review periods, impacting transparency and accountability in government spending and decision-making.
Impact on Specific Stakeholders
For stakeholders directly engaged in homeland security technology development, such as technology firms and contractors, the reduction in the contract award ceiling could hinder the execution of large-scale, impactful projects, potentially affecting innovation and national security advancements.
Conversely, the government agencies involved in these transactions might benefit from increased control over spending and allocation of funds. However, the lack of clarity around "OTHER TRANSACTION AUTHORITY" might pose ethical and operational challenges, necessitating clearer guidelines to ensure compliance and effective use of resources.
Overall, while the PATHS Act seeks to advance secure technology integration in homeland security measures, the potential for increased spending, lack of thorough oversight, and reduced project scales could raise concerns about its long-term efficacy and benefits to taxpayers and stakeholders alike.
Financial Assessment
The bill in question, H. R. 1692, primarily focuses on extending certain authorities and altering financial thresholds related to contracting methods within the realm of homeland security technology development. Of particular note are two key financial components addressed within this legislation: the extension of a contracting authority deadline and the reduction of a financial cap on contract awards.
Extending Contracting Authority
One significant financial element is the extension of the research and development acquisition pilot program. Initially set to expire on September 30, 2024, H. R. 1692 extends this deadline to September 30, 2028. This extension allows for the continued use of special contracting methods that facilitate the development and integration of advanced technologies, notably artificial intelligence. The underlying intent is presumably to enable ongoing progress in technology that can enhance national security.
However, there are concerns that arise with such an extension. Chief among them is the potential for increased federal spending over the four-year extension period. The bill does not provide detailed explanations or justifications for this additional timeframe, leaving questions about the necessity and specific objectives of these prolonged initiatives. This could result in financial implications for taxpayers without a clear outline of benefits in relation to the Homeland Security Act of 2002.
Reduction in Contract Award Amount
The bill also proposes reducing the maximum value for certain contract awards from $4,000,000 to $1,000,000. This change is intended to adjust the financial parameters under which research and development projects are funded, potentially limiting the size of individual contracts awarded for technological developments.
While reducing the financial threshold might ostensibly aim to distribute resources more broadly and involve smaller entities or start-ups, it could also bring about unintended consequences. Specifically, this decrease in the cap could undermine the ability to fund large-scale or particularly impactful projects that require more substantial financial backing, thus potentially detracting from significant technological advancements necessary for homeland security. Moreover, by lowering the contract ceiling, the scope and effectiveness of research and development endeavors might be compromised, impacting the broader objectives of national security.
Conclusion
In summary, while H. R. 1692's financial modifications are geared towards shaping how technology advancements are pursued for homeland security, they also introduce concerns related to fiscal responsibility and project scope. The extended authority and reduced contract cap involve substantial monetary considerations that necessitate careful evaluation and justification, ensuring that the expenditures lead to meaningful advancements and are aligned with the overarching goals of enhancing national security.
Issues
The extension of the research and development acquisition pilot program from September 30, 2024, to September 30, 2028, in Section 2 may lead to increased federal spending without clear justification for why the additional four years are necessary or how they will benefit the Homeland Security Act of 2002. This could have significant financial and transparency implications for taxpayers.
The notification requirement involving Other Transaction Authority related to artificial intelligence in Section 2 mandates that the Secretary must notify certain Senate and House Committees within 72 hours. This short timeframe might not provide sufficient opportunity for a thorough assessment by these Committees, potentially impacting oversight and accountability.
The reduction in the covered contract award amount from $4,000,000 to $1,000,000 in Section 2 could limit the scope and effectiveness of future research and development projects. This change might hinder the capability to engage in large-scale or impactful technology developments that are crucial for national security advancements.
The concept of 'OTHER TRANSACTION AUTHORITY,' as used in Section 2, may not be clear to all stakeholders. Without a proper explanation or definition, this could lead to misunderstandings or misuse of authority, posing ethical and legal concerns about the transparency and accountability of contracting practices.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of this act gives it a short title, allowing it to be referred to as the “Producing Advanced Technologies for Homeland Security Act” or simply the “PATHS Act”.
2. Research and development acquisition pilot program extension Read Opens in new tab
Summary AI
In this section of the bill, the research and development acquisition pilot program is extended until September 30, 2028, and now requires quick notification to specific congressional committees when using transaction authority involving artificial intelligence. Additionally, it reduces the maximum covered contract award amount within a specific act from $4,000,000 to $1,000,000.
Money References
- (a) In general.—Section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking “Until September 30, 2024, and subject to subsection (d)” and inserting “Until September 30, 2028, and subject to subsection (c)”; and (B) by adding at the end the following new paragraph: “(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.”; and (2) in subsection (c)(1), in the matter preceding subparagraph (A), by striking “September 30, 2024” and inserting “September 30, 2028”. (b) Reduction in amount of covered contract award.—Subparagraph (A) of section 7113(d)(1) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (6 U.S.C. 112 note; Public Law 117–263) is amended by striking “$4,000,000” and inserting “$1,000,000”. ---