Overview

Title

To improve the cybersecurity of the Federal Government, and for other purposes.

ELI5 AI

H.R. 4552 is a plan to make sure the United States government's computers and information stay safe by using new rules and smart technology. It also creates a special leader to watch over how well these safety measures are working.

Summary AI

H.R. 4552 aims to enhance the cybersecurity of the Federal Government by updating and consolidating various laws and procedures. The bill introduces new guidelines for preventing and reporting data breaches, improves coordination among federal agencies for handling cybersecurity threats, and promotes transparency in cybersecurity activities. It also mandates the use of modern technology, such as artificial intelligence and zero trust architecture, to bolster the security of government information systems. Additionally, the bill establishes a Federal Chief Information Security Officer to oversee these cybersecurity efforts.

Published

2024-12-19
Congress: 118
Session: 2
Chamber: HOUSE
Status: Reported in House
Date: 2024-12-19
Package ID: BILLS-118hr4552rh

Bill Statistics

Size

Sections:
25
Words:
26,616
Pages:
130
Sentences:
302

Language

Nouns: 7,420
Verbs: 1,864
Adjectives: 920
Adverbs: 211
Numbers: 1,154
Entities: 1,156

Complexity

Average Token Length:
4.22
Average Sentence Length:
88.13
Token Entropy:
5.33
Readability (ARI):
45.74

AnalysisAI

The proposed bill, known as the "Federal Information Security Modernization Act of 2024," aims to enhance the cybersecurity measures of the U.S. federal government. It introduces several changes and new guidelines designed to improve the security and transparency of federal information systems. Key components include defining new cybersecurity terms, mandating agency notification of data breaches, promoting transparency, strengthening the government's cybersecurity framework, and establishing a Federal Chief Information Security Officer.

Summary of Significant Issues

The bill relies heavily on technical amendments and definitions that draw from existing U.S. laws and guidelines. This reliance can create challenges for those unfamiliar with cybersecurity or legal language, making it difficult to understand the full implications without external references. Moreover, certain sections of the bill lack clarity or specific timelines for implementation, which could lead to inconsistent application across federal agencies.

A recurring theme throughout the bill is the exemption of national security systems from standard requirements, which raises concerns about transparency and oversight. The bill also proposes significant changes without always clearly explaining the rationale, potentially leading to confusion about the legal framework and its intended impact.

Impact on the Public

For the general public, the bill's focus on improving federal cybersecurity can be seen as a positive move towards protecting sensitive data and enhancing trust in government systems. However, the complexity and opacity of some provisions may impact transparency, making it difficult for citizens to hold agencies accountable for ensuring robust cybersecurity measures.

Concerns about consistency and implementation could lead to vulnerabilities if agencies interpret or prioritize measures differently, potentially affecting the security of citizen data held by the federal government. A lack of well-defined timelines and clarity in definitions can further contribute to this uncertainty.

Impact on Specific Stakeholders

Federal Agencies and Contractors: The bill imposes stringent compliance requirements on federal agencies and contractors, which could increase operational costs. Agencies must adopt new practices, conduct frequent reporting, and implement security measures like zero trust architecture. Contractors may face heavy reporting burdens to disclose any incidents or vulnerabilities associated with federal information systems.

Private Sector Entities: Businesses interacting with federal agencies might experience changes in how they receive notifications regarding incidents affecting their data. This could influence their preparedness and response measures, particularly given the vague language defining "appropriate and timely" notifications.

Cybersecurity Professionals and Researchers: The introduction of vulnerability disclosure policies along with protections for researchers represents a step towards encouraging the public to report security weaknesses in federal systems. However, the absence of explicit timelines for implementing these policies could delay their practical effectiveness, potentially discouraging proactive engagement.

In sum, while the bill aims to bolster federal cybersecurity and transparency, its broad legal and technical amendments might impose substantial compliance burdens on contractors and agencies, complicate public understanding, and create room for variable interpretations that could weaken its intended impact.

Issues

  • Section 3 (Amendments to title 44) discusses potentially heavy compliance burdens for private contractors (3rd issue in Section 3). This could be controversial as it might significantly increase costs for businesses working with the federal government, impacting their operational budgets.

  • Section 5 (Actions to enhance Federal incident transparency) may impose rushed timelines for reporting and plan execution, which might lead to inadequate preparation and implementational inefficiencies (1st issue in Section 5). This could be significant for the public by affecting the quality and security of federal IT infrastructure.

  • Section 2 (Definitions) relies heavily on external references for defined terms, potentially making the bill difficult for readers without access to or familiarity with these additional documents to fully understand (1st and 6th issues in Section 2). This opacity might affect transparency and accountability.

  • Throughout the bill, multiple sections allow for national security system exemptions (e.g., 3592, 3595, 3598, 3559A, 3594). This recurring theme raises transparency concerns and could restrict oversight, which may be significant for the public in terms of governmental accountability and privacy.

  • Section 6 (Agency requirements to notify private sector entities impacted by incidents) uses vague terms such as 'appropriate and timely,' potentially leading to inconsistent interpretations regarding the notification of affected private entities (3rd issue in Section 6). This is important for entities affected by cyber incidents due to possible delays or omissions in being informed.

  • Section 11 (Federal cybersecurity requirements) involves significant amendments but lacks clarifications on why certain subsections are being removed, which could lead to misinterpretation and confusion regarding the resultant legal framework (1st issue in Section 11). The legal ramifications of these changes could impact privacy and security protocols.

  • Section 9 (Implementing zero trust architecture) lacks specific budget or funding sources mentioned for implementing this architecture, raising concerns about potential misuse of funds or insufficient allocation to crucial security initiatives (1st issue in Section 9). This is significant for fiscal accountability and the effective security of federal information systems.

  • Section 8 (Vulnerability disclosure policies) defines policies that may not be implemented evenly across agencies due to vague terms and lack of explicit timelines (2nd and 3rd issues in Section 8). This hesitancy could compromise the security posture of federal systems, affecting citizens' trust and confidence.

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; table of contents Read Opens in new tab

Summary AI

The section introduces the "Federal Information Security Modernization Act of 2024," which focuses on enhancing cybersecurity measures for federal agencies. It outlines the contents of the Act, including amendments to existing laws and the implementation of policies to improve information security and incident transparency.

2. Definitions Read Opens in new tab

Summary AI

The section of the bill defines important terms related to government and cybersecurity, such as "agency," "awardee," "contractor," and "threat hunting," specifying where to find their meanings in U.S. law or providing clear definitions. It also clarifies the committees involved and describes concepts like "zero trust architecture" in simple terms.

3. Amendments to title 44 Read Opens in new tab

Summary AI

The proposed amendments to title 44 of the United States Code focus on enhancing cybersecurity practices and data privacy protocols. Key changes include requiring agencies to appoint Chief Privacy Officers, standardizing definitions like "major incident" and "high value asset," improving incidence response and reporting procedures, and promoting the use of automated and shared cybersecurity services across federal agencies.

3591. Definitions Read Opens in new tab

Summary AI

In this section, various terms used in the subchapter are defined, like "appropriate reporting entities," which includes leaders from Congress and several committees, and "awardee," which refers to recipients of grants or agreements from an agency. It also clarifies what constitutes a "breach" and defines terms like "contractor," "Federal information," "Federal information system," "intelligence community," "nationwide consumer reporting agency," and "vulnerability disclosure."

3592. Notification of breach Read Opens in new tab

Summary AI

The section outlines the process and requirements for federal agencies to notify individuals and Congress of data breaches affecting personal information. It specifies when notifications must be made, what details should be included, circumstances for delaying notifications, and reporting obligations to Congress regarding such breaches.

3593. Congressional and executive branch reports on major incidents Read Opens in new tab

Summary AI

This section outlines the requirements for various reports and updates to be provided to specific congressional leaders and committees when a major incident occurs involving federal information systems. It details the timelines, content, and format for these reports, along with guidelines for supplementary updates, biennial reporting, and inclusions for incidents involving breaches, ensuring consistent communication between agencies and Congress.

3594. Government information sharing and incident response Read Opens in new tab

Summary AI

The section outlines requirements for U.S. federal agencies to share information about cybersecurity incidents with the Cybersecurity and Infrastructure Security Agency, ensuring the data is detailed and helps prevent future issues. It also specifies collaboration with law enforcement and private sectors, emphasizes automated reporting, and provides exceptions for national security systems, where information is shared under stricter conditions to protect sensitive data.

3595. Responsibilities of contractors and awardees Read Opens in new tab

Summary AI

Contractors and awardees working with federal agencies must promptly notify the agencies about any incidents, breaches, or security vulnerabilities related to federal information systems. They must also follow regulations and procedures for reporting, and non-compliance could result in specific actions. The information gathered can be used only for cybersecurity purposes, while incidents involving national security systems have separate reporting requirements.

3596. Training Read Opens in new tab

Summary AI

In this section, the term "covered individual" refers to someone who accesses a Federal information system due to their role, such as an agency employee or contractor. It outlines the requirement for agencies to create cybersecurity incident response training, ensure consistent practices across agencies, and integrate this training into their annual programs.

3597. Analysis and report on Federal incidents Read Opens in new tab

Summary AI

The section outlines the responsibilities of the Cybersecurity and Infrastructure Security Agency (CISA) to analyze federal cybersecurity incidents and share these findings with other agencies to improve cybersecurity efforts. It states that CISA must provide annual public reports on these incidents, excluding parts that compromise national security, and allows specific incident details to be included under certain conditions. Additionally, separate reports concerning national security systems are to be submitted by the Secretary of Defense in collaboration with various intelligence and cybersecurity leaders.

3598. Major incident definition Read Opens in new tab

Summary AI

The section outlines the requirement for the Director to develop guidelines on what constitutes a "major incident" related to cybersecurity for federal agencies, coordinating with the National Cyber Director. It specifies what incidents should be classified as major, the consultation process involved in such determinations, and mandates regular evaluations and updates of these guidelines to Congress.

4. Amendments to subtitle III of title 40 Read Opens in new tab

Summary AI

The amendments to title 40 focus on improving security and efficiency in government technology. They include definitions of key terms, emphasize considerations for cybersecurity, and incorporate security risk assessments in technology management and proposal evaluations.

5. Actions to enhance Federal incident transparency Read Opens in new tab

Summary AI

This section of the bill outlines new responsibilities and updates involving federal incident transparency. It tasks the Cybersecurity and Infrastructure Security Agency with developing plans and providing briefings, updates information security laws, mandates data sharing and automation, and adjusts the Privacy Act of 1974 to improve coordination in responding to cybersecurity incidents.

6. Agency requirements to notify private sector entities impacted by incidents Read Opens in new tab

Summary AI

The section outlines that agencies must inform private organizations or government units, known as "reporting entities," if an incident affects the sensitive information they provided to the agency. The Director must create guidance for this process within a year, ensuring timely notification and coordination with relevant agencies if needed.

7. Federal penetration testing policy Read Opens in new tab

Summary AI

The bill introduces a new policy called Federal Penetration Testing that mandates federal agencies to conduct penetration tests on their information systems to enhance cybersecurity. This policy allows specific agencies to carry out tests without consent, but requires them to notify the head of the agency 72 hours in advance; it also exempts national security systems and allows for certain authority delegations to the Secretary of Defense and the Director of National Intelligence.

3559A. Federal penetration testing Read Opens in new tab

Summary AI

The law requires government agencies to perform cybersecurity tests on their computer systems and highlights that this directive does not apply to national security systems. Additionally, it delegates authority for certain systems to the Secretary of Defense and the Director of National Intelligence.

8. Vulnerability disclosure policies Read Opens in new tab

Summary AI

The Federal vulnerability disclosure policies section establishes guidelines for how the public can report cybersecurity weaknesses in federal information systems. It defines key terms, sets responsibilities for different agencies, includes protections for security researchers, and outlines guidance that must be developed for these processes, all while ensuring national security is not jeopardized by public disclosures.

3559B. Federal vulnerability disclosure policies Read Opens in new tab

Summary AI

The purpose of this section is to establish policies that allow the public to report security vulnerabilities in federal information systems safely and efficiently. It defines key terms, outlines responsibilities for different agencies, and ensures that these policies do not compromise national security or ongoing law enforcement activities.

9. Implementing zero trust architecture Read Opens in new tab

Summary AI

The section mandates that one year after the bill becomes law, the Director must update Congress on efforts to enhance agency system security using zero trust architecture. Additionally, progress reports on this implementation are required from four to ten years after the bill's enactment, and similar updates are required from the Secretary of Defense for national security systems. These reports will include details on completed and pending security tasks, with possible inclusion of classified information.

10. Automation and artificial intelligence Read Opens in new tab

Summary AI

In this section of the bill, the "information system" term is defined according to existing U.S. code. It outlines steps for the Director to guide federal agencies on using artificial intelligence to enhance cybersecurity and requires both annual reports and studies to evaluate AI's effectiveness and any privacy risks associated with such technologies.

11. Federal cybersecurity requirements Read Opens in new tab

Summary AI

The text outlines specific cybersecurity requirements for federal agencies, such as identifying and securing critical data, implementing identity management systems, and restrictions on Internet of Things (IoT) devices to ensure compliance with security standards. It allows exceptions under certain conditions, mandates periodic evaluation, and updates related cybersecurity laws.

12. Federal Chief Information Security Officer Read Opens in new tab

Summary AI

The proposed amendment establishes the role of a Federal Chief Information Security Officer (CISO), who will work in the Office of Management and Budget and the Office of the National Cyber Director. Appointed by the President, the CISO's duties include supporting various cybersecurity and electronic government initiatives, coordinating with the National Cyber Director, and assisting the Federal Chief Information Officer. This position emphasizes improving the cybersecurity framework across federal agencies.

3617. Federal Chief Information Security Officer Read Opens in new tab

Summary AI

The section establishes the role of a Federal Chief Information Security Officer, who is appointed by the President, and works within the Office of the Federal Chief Information Officer and the Office of the National Cyber Director. This officer supports federal cybersecurity efforts, assists with electronic government initiatives, and coordinates with the National Cyber Director as necessary.

13. Renaming Office of the Federal Chief Information Officer Read Opens in new tab

Summary AI

The document outlines the renaming of the Office of Electronic Government to the Office of the Federal Chief Information Officer. It involves updates to titles, roles, and references in various sections of the United States Code to reflect this change, allowing the current Administrator to transition to the new role without reappointment.

14. Rules of construction Read Opens in new tab

Summary AI

The section outlines that nothing in the Act or its amendments allows government agencies to take unauthorized actions, infringes on constitutional rights like free speech, or violates personal privacy by improperly accessing or sharing personal data.