PolicyBrief
H.R. 1692
119th CongressMar 11th 2025
PATHS Act
HOUSE PASSED

Extends a pilot program for developing advanced technologies for homeland security, requiring congressional notification for AI-related transactions and lowering the contract award threshold.

Michael Guest
R

Michael Guest

Representative

MS-3

LEGISLATION

Homeland Security's PATHS Act Extends Tech Acquisition Program to 2028, Adds AI Oversight

The "Producing Advanced Technologies for Homeland Security Act" (PATHS Act) just extended a key Department of Homeland Security (DHS) pilot program. This program lets DHS buy up emerging tech for homeland security faster than usual. Here's the catch: it's not just an extension; there are some new rules, too.

Fast-Track Tech, Extended

The bill extends the existing research and development acquisition pilot program, initially set to expire on September 30, 2024, to September 30, 2028. This means DHS can continue using streamlined procedures to get its hands on cutting-edge technologies. Think of it like getting pre-approved for a mortgage, but for high-tech security tools. This is a big deal for companies developing technologies relevant to national security, as it offers a potentially quicker path to government contracts.

AI Gets Special Attention

Here's where it gets interesting. The PATHS Act requires the Secretary of Homeland Security to notify specific congressional committees within 72 hours of using or extending transaction authority that involves artificial intelligence (AI). And it's not just a heads-up; a briefing on why they used or extended it is also required. (SEC. 2). This suggests that while Congress wants DHS to have access to the latest tech, they're keeping a close eye on how AI is being implemented in national security.

For example, if a company develops an AI-powered drone system for border surveillance, DHS could use this pilot program to acquire it quickly. But, because it involves AI, Congress gets notified almost immediately. This is a significant step toward transparency in how AI is used in sensitive areas.

Lowering the Bar for Entry

The Act also reduces the covered contract award amount from $4,000,000 to $1,000,000 (SEC. 2). This change could open the door for smaller companies to participate. Previously, only contracts worth $4 million or more were covered; now, smaller projects and potentially smaller businesses have a shot. This could mean more competition and potentially more diverse solutions, but it also means more contracts for DHS to manage.

Real-World Impact and Potential Challenges

This extension and the new rules could mean faster deployment of critical technologies to address evolving threats. Imagine improved airport security screening or quicker responses to natural disasters, all thanks to technologies acquired through this program. However, the lower contract threshold could mean that while more businesses can compete, the ones best equipped to navigate government contracts—typically larger, more established firms—might still have an edge.

Also, while the AI notification requirement adds a layer of oversight, there's a risk that these notifications could become routine, potentially diminishing their impact over time. It's like getting so many email alerts that you start ignoring them – the effectiveness depends on how Congress uses this information.

Overall, the PATHS Act represents a push for faster innovation in homeland security, with a built-in check on AI's growing role. It's a balancing act between speed, oversight, and ensuring that a wide range of companies can contribute to national security.