Overview
Title
To prohibit the authorization of certain individuals to access certain systems containing individually identifiable health information.
ELI5 AI
The "DOGE POUND Act of 2025" is a rule that says only certain people who work for the government can look at special health information, and if someone who shouldn't see it does, they might get in trouble.
Summary AI
H.R. 2363, known as the "DOGE POUND Act of 2025," aims to prevent unauthorized individuals from accessing systems with identifiable health information from the Department of Health and Human Services. The bill requires that only certain government employees or contractors with existing permissions as of January 20, 2025, or those meeting specific security requirements, can access these systems. It establishes penalties for unauthorized access, including imprisonment and fines, and mandates that the Inspector General of the Department of Health and Human Services report any unauthorized usage to Congress.
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AnalysisAI
General Summary of the Bill
H. R. 2363, also known as the “Data Of Government health Entities must be Protected from Overreach by Unelected Nonsecure Disruption Act of 2025” or the “DOGE POUND Act of 2025,” aims to restrict access to systems that contain individually identifiable health information. The bill specifies that only certain authorized individuals, such as Department of Health and Human Services employees with existing access, may use or control these systems. It outlines the criteria for others to gain access, including security clearances and training requirements. Moreover, it imposes penalties for unauthorized access and mandates reports to Congress on any breaches.
Summary of Significant Issues
Several issues arise from the bill. Firstly, the criteria for accessing these systems are detailed and could pose significant administrative challenges in verifying and consistently enforcing these standards. Secondly, the bill's language, including phrases like "prior to January 20, 2025," might lead to confusion, especially concerning actions on that specific date. Thirdly, the requirement for a written ethics agreement is vague and could lead to unnecessary bureaucracy. Additionally, the bill does not specify funding or resources for enforcement, which could result in mandates that lack the necessary support for effective implementation. The acronym "DOGE POUND Act of 2025" and the full title are considered overly lengthy and potentially confusing, detracting from the legislation's intent.
Potential Impact on the Public
The bill's primary objective is to protect sensitive health information, which is a crucial consideration for individual privacy and overall national security. If the legislation achieves its intended goal, it could enhance the security of personal health information systems, providing the public with more confidence that their private data is protected from unauthorized use or breaches. However, if the bill's implementation encounters administrative difficulties due to vague or overly complex requirements, the intended protection might not be effectively realized.
Impact on Specific Stakeholders
Government Employees and Contractors: The stipulations in the bill would require these individuals to undergo assessments and meet specific criteria before accessing health information systems. This could benefit employees by creating a more transparent and structured approach to data access. However, it could also impose additional bureaucratic burdens, potentially affecting workforce efficiency.
Healthcare Sector: Organizations in the healthcare sector might see increased collaboration and trust in handling patient data. Nonetheless, there might be concerns over administrative burdens if their staff need additional certifications or clearances to access necessary information.
Public and Patients: The public stands to benefit from enhanced protections of their health data, which should be more secure from unauthorized access. On the flip side, if the bill's measures are not enforced effectively, the protections may not materialize as intended.
Legislative and Oversight Bodies: The bill increases the responsibilities of entities like the Department of Health and Human Services and the Inspector General, requiring them to monitor and report unauthorized access swiftly. While this could drive better oversight, inadequate funding and resources might strain these bodies' capacities to fulfill new duties effectively.
In conclusion, while H. R. 2363 is well-intentioned in safeguarding private health information, the execution of its provisions could face hurdles. Addressing these issues could lead to robust data protection, but failure to do so might result in ineffective implementation, leaving sensitive information vulnerable.
Issues
The criteria for individuals not described in paragraph (1) to access specified systems (Section 2) are very detailed and may be difficult to verify or enforce consistently, potentially leading to administrative challenges.
The use of the term 'prior to January 20, 2025' for eligibility criteria in subsection (a)(1)(A) (Section 2) might cause ambiguity regarding situations occurring exactly on that date.
The requirement for a written ethics agreement in Section 2 could create unnecessary bureaucracy without clear guidelines on what the agreement should entail.
The title of the Act is excessively lengthy and complicated, which may lead to confusion (Section 1).
The acronym 'DOGE POUND Act of 2025' in the short title (Section 1) might not clearly reflect the essence or purpose of the Act, leading to ambiguity.
No explicit funding or resource allocation is mentioned for the enforcement of these measures in Section 2, which could result in unfunded mandates or ineffective implementation if not addressed elsewhere in the bill.
The specific timeline of 'not later than 30 days' for submitting reports on unauthorized access in Section 2 may not consider potential complexities or investigations that require more time, potentially affecting the quality of reporting.
The section concerning penalties (Section 2) does not provide detailed guidance on how to determine whether an individual 'knowingly' violated access rules, which could lead to varying interpretations and enforcement.
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 the bill states that it can officially be called the “Data Of Government health Entities must be Protected from Overreach by Unelected Nonsecure Disruption Act of 2025”, but it may also be referred to as the “DOGE POUND Act of 2025”.
2. Prohibiting the authorization of certain individuals to access certain systems containing individually identifiable health information Read Opens in new tab
Summary AI
The section prohibits unauthorized individuals from accessing systems containing personal health information unless they meet specific criteria, such as being a government employee with the appropriate clearance or having completed necessary training. It also outlines penalties for violations, including fines and imprisonment, and requires the Inspector General to report any unauthorized access to Congress.