Overview

Title

An Act To require the Under Secretary of the Science and Technology Directorate of the Department of Homeland Security to develop a Department-wide policy and process to safeguard research and development from unauthorized access to or disclosure of sensitive information in research and development acquisitions, and for other purposes.

ELI5 AI

H.R. 9748 is a new rule that asks someone important in the Department of Homeland Security to make sure secret research work stays secret and doesn't get shared with people who shouldn't see it. It also says that this person has to tell Congress how they plan to keep these secrets safe.

Summary AI

H.R. 9748, known as the “Research Security and Accountability in DHS Act,” mandates the Under Secretary of the Science and Technology Directorate of the Department of Homeland Security to establish a department-wide policy to protect sensitive information in research and development from unauthorized access or disclosure. The bill requires a report from the Comptroller General on how the department complies with specific national security guidelines. Additionally, it calls for a congressional briefing within 90 days of enactment to update on the development of these safeguarding policies. The act was passed by the House of Representatives on December 20, 2024.

Published

2024-12-20
Congress: 118
Session: 2
Chamber: HOUSE
Status: Engrossed in House
Date: 2024-12-20
Package ID: BILLS-118hr9748eh

Bill Statistics

Size

Sections:
2
Words:
654
Pages:
6
Sentences:
12

Language

Nouns: 220
Verbs: 37
Adjectives: 24
Adverbs: 4
Numbers: 32
Entities: 55

Complexity

Average Token Length:
4.68
Average Sentence Length:
54.50
Token Entropy:
4.63
Readability (ARI):
31.48

AnalysisAI

General Summary of the Bill

This legislative document, known as the "Research Security and Accountability in DHS Act," aims to bolster the security of research and development activities within the Department of Homeland Security (DHS). Specifically, the bill mandates the creation of a comprehensive policy across the department to guard sensitive research information against unauthorized access or disclosure. Key provisions include an amendment to the Homeland Security Act of 2002, which directs the Science and Technology Directorate of DHS to develop and implement this safeguarding policy. Additionally, it requires a report from the Government Accountability Office (GAO) assessing the department's compliance with existing national security directives and instructs the DHS Secretary to brief Congress on the new policies.

Summary of Significant Issues

Several issues with the bill might affect its implementation and effectiveness:

  • Lack of Clear Metrics: The amendment to the Homeland Security Act does not specify how the effectiveness of the safeguarding policy will be measured. Without clear metrics or assessment tools, it may be challenging to evaluate the policy's success.

  • Baseline for Compliance Assessment: The requirement for a GAO report on adherence to National Security Presidential Memorandum 33 (NSPM–33) lacks pre-existing performance metrics or baselines, making it difficult to verify improvements or enforce accountability.

  • Ambiguity in Congressional Briefing: The directive for DHS to brief Congress on policy development is vague regarding specific outcomes or objectives, potentially diminishing its usefulness.

  • Unclear Coordination Guidelines: The language used in the bill concerning the collaboration with "appropriate agency officials" does not specify which officials or departments will participate, leading to possible inefficiencies or miscommunication.

  • Potential Overlap with Existing Policies: Adding a new policy section could cause redundancy or conflict with existing policies on sensitive information security unless aligned properly.

Impact on the Public

In broad terms, the bill seeks to enhance national security by protecting sensitive research endeavors within DHS, which is vital for maintaining the country's safety. By safeguarding critical information, the bill could prevent potential risks associated with unauthorized data access, ensuring that sensitive research does not fall into the wrong hands, which might otherwise lead to exploitation by malicious actors.

However, the absence of specific guidelines and assessment criteria may undermine public trust in the efficacy of these protective measures. Without transparent procedures and clear accountability, the public might question whether DHS is effectively managing and safeguarding sensitive research data.

Impact on Specific Stakeholders

Department of Homeland Security: The primary responsibility of developing and implementing the new policy falls on the DHS, notably its Science and Technology Directorate. While this creates an opportunity for DHS to strengthen its internal security standards, the lack of clear directives and measurement criteria might complicate its task, potentially leading to administrative challenges or resource strains.

Government Accountability Office (GAO): Tasked with evaluating compliance, the GAO will need to navigate the ambiguous landscape created by the lack of baseline metrics. Conducting assessments without pre-existing data may complicate the audit and reporting process, potentially affecting the quality and effectiveness of their oversight.

Congress: While Congress has an opportunity to shape national security policy through oversight, the vagueness in the bill regarding expected outcomes of DHS briefings may limit its ability to ensure comprehensive accountability and track meaningful improvements.

Ultimately, the bill's success in safeguarding sensitive research largely depends on how these issues are resolved during its implementation and oversight phases.

Issues

  • The amendment to Section 302 of the Homeland Security Act of 2002 to include a Department-wide policy for safeguarding research and development from unauthorized access may lack effectiveness due to the absence of clear metrics or mechanisms to assess its impact and success (Section 2).

  • There is a requirement for the GAO to report on compliance with NSPM–33 and adoption of guidance from the National Science and Technology Council, but no baseline or previous performance metrics are provided to assess compliance or improvements. This could limit the object's ability to hold the Department accountable (Section 2, GAO report).

  • The text mandates a briefing to Congress regarding policy development for safeguarding research and development but lacks specificity in terms of the expected outcomes or goals of such a briefing, which may reduce its usefulness or accountability (Section 2, Congressional briefing).

  • The language used in the amendment to Section 302 is vague regarding the coordination with 'appropriate agency officials,' as it does not specify which individuals or departments must be involved, potentially leading to bureaucratic ambiguity and inefficiency (Section 2).

  • The addition of paragraph (15) to Section 302 could result in inconsistencies or overlap with existing sensitive information security policies unless there is proper alignment, potentially leading to administrative conflicts or redundancies (Section 2).

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 short title of this Act is the “Research Security and Accountability in DHS Act.”

2. Safeguarding sensitive research in the Department of Homeland Security Read Opens in new tab

Summary AI

The bill section amends the Homeland Security Act of 2002 to add a policy for protecting sensitive research information from unauthorized access. It also requires a report from the Comptroller General about compliance with national security guidelines and a briefing to Congress on these new policies within set deadlines.