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

H.R. 9459 is a plan to keep working on safe and smart technology until 2027, like making computers think. It also says the money they give for new ideas will be smaller, and special people in charge will be told right away when this happens.

Summary AI

H.R. 9459, known as the “Producing Advanced Technologies for Homeland Security Act” or the “PATHS Act”, aims to extend the authorization period for a pilot program under the Homeland Security Act of 2002 from September 30, 2024, to September 30, 2027. This program focuses on using alternative contracting methods to support the development of secure technologies, including those involving artificial intelligence. The bill requires the Secretary to notify specific congressional committees within 72 hours of using this contracting authority for artificial intelligence-related projects. Additionally, it reduces the amount of funds awarded under certain contracts from $4,000,000 to $1,000,000.

Published

2024-09-24
Congress: 118
Session: 2
Chamber: SENATE
Status: Received in Senate
Date: 2024-09-24
Package ID: BILLS-118hr9459rds

Bill Statistics

Size

Sections:
2
Words:
400
Pages:
3
Sentences:
8

Language

Nouns: 120
Verbs: 26
Adjectives: 10
Adverbs: 1
Numbers: 32
Entities: 41

Complexity

Average Token Length:
4.24
Average Sentence Length:
50.00
Token Entropy:
4.60
Readability (ARI):
26.81

AnalysisAI

Overview of the Bill

The proposed legislation seeks to amend the Homeland Security Act of 2002, focusing on enabling the use of secure and trustworthy technology specifically through "other transaction" contracting authority. This bill, known as the "Producing Advanced Technologies for Homeland Security Act" or the "PATHS Act," aims to extend certain research and development acquisition pilot programs until 2027. Particularly noteworthy is the use of artificial intelligence (AI) technologies, with provisions ensuring briefings to congressional committees following any use or extension of the related transaction authority. Additionally, the bill proposes a reduction in the maximum amount for certain types of contract awards.

Significant Issues

Extension Concerns

One primary concern is the extension of the research and development acquisition pilot program from 2024 to 2027. It raises questions about the program's necessity and the effectiveness of the existing efforts. By extending the timeline, there's an implicit assumption that the program is operating successfully, yet there may not be comprehensive evaluations available to the public or policymakers to substantiate this assumption.

Accountability and Transparency

The bill's provision related to AI transaction authority has raised concerns about oversight. While it requires congressional briefings, these are limited to specific committees and entail rapid execution within 72 hours of authority use. This approach may not provide extensive transparency and could limit public understanding and scrutiny of the impactful decisions made concerning AI technologies.

Financial Implications

Another critical issue is the reduction of the maximum covered contract award from $4,000,000 to $1,000,000. This significant decrease might limit the capacity of project funding. Smaller awards could potentially reduce the scope and effectiveness of projects meant to advance homeland security technologies. The implications of this reduction need careful consideration to ensure that cost-cutting does not compromise the quality and utility of research and technological advancements.

Public Impact

Broad Public Implications

For the general public, the legislation reflects an ongoing commitment to leveraging advanced technology for homeland security. However, the concerns about transparency, especially with AI, bring to light issues of trust and control over technology that the public increasingly finds concerning. There is an expectation that technologies, especially those involving AI, should be implemented with clear oversight to avoid misuse or unintended consequences.

Stakeholder Implications

Key stakeholders, including government contractors, technology firms, and oversight bodies, may experience various impacts from this bill.

  • Government Contractors and Tech Firms: For companies involved in technology development and implementation, the extended timeline and funding adjustments could impact their project strategies. While a longer program duration may provide continued opportunities, the funding reduction could necessitate adjustments in project planning and execution strategies.

  • Oversight Bodies: Bodies responsible for oversight might need to adapt to the rapid briefing protocols, ensuring they can fulfill their function effectively. The need for speedy briefings could translate into pressures to quickly assess and respond to developments involving advanced technologies.

Overall, while the "PATHS Act" emphasizes the development of advanced technologies for security purposes, it highlights significant areas of concern regarding oversight, transparency, and resource allocation, all of which need to be carefully managed to ensure the intended benefits to public safety and technological advancement are fully realized.

Financial Assessment

The focus of this bill, the "Producing Advanced Technologies for Homeland Security Act" or "PATHS Act," involves specific financial amendments aimed at enhancing the development of secure technologies. These financial considerations are central to understanding the implications and potential outcomes of the proposed legislative changes.

Extension and Financial Implications

The bill proposes to extend the program initially outlined in the Homeland Security Act of 2002. This extension pushes the deadline from September 30, 2024, to September 30, 2027. The driving force behind this extension appears to be the continued focus on developing advanced technologies, including those involving artificial intelligence. While the bill does not specify exact amounts allocated for the entirety of the program over these additional years, it does indicate a shift in how funds can be utilized under the program's authority.

Reduction in Contract Award Limits

A notable financial change is the reduction of the maximum amount awarded for certain contracts. The bill amends a prior law, reducing the upper limit for these awards from $4,000,000 to $1,000,000. This reduction raises questions about the potential impacts on project scope and quality. Lower funding limits could mean smaller-scale projects, possibly affecting the overall effectiveness and innovation of technological developments within this program.

Concerns and Implications

Several issues arise from these financial adjustments:

  1. Program Effectiveness and Oversight: The extension of the program raises questions about its necessity and effectiveness. Extending the timeline without clear evidence of past success or justifications for continued funding may call into question the optimal use of taxpayer dollars. The financial constraints via reduced contract awards might further strain the program's capacity to achieve its intended goals, potentially necessitating greater oversight to ensure efficient use of limited funds.

  2. Transparency and Accountability: The bill mandates only a 72-hour notice to specific Congressional committees when artificial intelligence-related contracting authority is exercised. The lack of detailed public reporting mechanisms or broader oversight provisions could limit transparency. Given the reduced funding limits, ensuring funds are allocated efficiently and effectively becomes even more critical.

  3. Understanding and Accessibility: The use of technical and legal jargon, particularly around terms like "other transaction authority" and "artificial intelligence," may obscure understanding of how funds are managed and distributed. This lack of clarity can diminish public engagement and scrutiny, crucial elements in maintaining accountability for financial allocations in government programs.

In summary, while the "PATHS Act" strives to extend the life of a key security program, financial constraints and the need for enhanced oversight are critical considerations. The reduced contractual awards may limit the breadth and impact of these advanced technology projects, underscoring a need for transparent and accountable financial governance in this area.

Issues

  • The extension of the research and development acquisition pilot program to 2027 raises significant concerns about the necessity and effectiveness of the program. This issue is connected to Sections 2(a)(1)(A) and 2(a)(2) and may have implications for oversight and evaluation of the program's impact.

  • The potential lack of transparency and accountability concerning the use of other transaction authority with artificial intelligence is a significant concern. This involves only a briefing to specified committees within 72 hours of its use, as outlined in Section 2(a)(1)(B). This may not provide sufficient oversight and public accountability, which is critical when dealing with advanced technologies.

  • The legal and complex terminology used in the bill, particularly regarding 'other transaction authority' and 'artificial intelligence,' may hinder understanding and engagement from the general public and stakeholders not versed in legal or technical language. This issue relates to Section 2 as a whole.

  • The reduction in the maximum covered contract award from $4,000,000 to $1,000,000, as stated in Section 2(b), could limit the scope and quality of projects under this program, leading to potential underfunding and decreased effectiveness in achieving program goals.

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

The bill modifies and extends certain provisions related to the Homeland Security Act of 2002, specifically extending the research and development acquisition pilot program's transaction authority involving artificial intelligence from 2024 to 2027, and requiring a briefing to Congress if this authority is used. It also reduces the covered contract award amount in the National Defense Authorization 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, 2027, 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, 2027”. (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”. ---