The PATH Act would extend and tighten oversight of the Department of Homeland Security’s research and development (R&D) acquisition program that uses “other transaction authority” (OTA) to partner with industry and academia. Specifically, it prolongs the authorization for the DHS R&D OTA pilot through September 30, 2028 (instead of ending in 2024) and requires transparency around any OTA use or extensions involving artificial intelligence (AI). Additionally, it lowers the monetary threshold for certain “covered contracts” under related NDAA provisions from $4 million to $1 million, which would affect which procurements fall under specific oversight or reporting rules. In short, the bill aims to promote secure, rapid tech development for homeland security while increasing congressional visibility into AI-related OTAs. The bill has passed the House and, as introduced in the Senate, would implement these changes through amendments to existing homeland security and NDAA authorities. It emphasizes prompt congressional briefing on AI-related OTA activity, seeking to balance faster, flexible procurement with heightened accountability for AI-enabled technologies.
Key Points
- 1Extends the DHS R&D Acquisition Pilot Program’s authority through September 30, 2028 (instead of ending in 2024).
- 2Adds a new requirement: after any use or extension of the OTA authority involving AI technology, the Secretary must notify key congressional committees within 72 hours and provide a briefing explaining the reason for the use or extension.
- 3Clarifies oversight for AI-related OTA activity by ensuring rapid congressional notification and explanation for AI deployments within the OTA framework.
- 4Lowers the "covered contract" award threshold under the NDAA provision related to OTA activities from $4,000,000 to $1,000,000, increasing the number of contracts that fall under certain oversight/ reporting rules.
- 5The act is labeled PATHS (Producing Advanced Technologies for Homeland Security Act) and, as of introduction, has cleared the House and moved to the Senate for consideration.