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

In this bill, the Department of Homeland Security is making rules to keep secret information safe in its science projects, and they also have to tell Congress how they are doing it.

Summary AI

H.R. 9748 is a bill that requires the Under Secretary of the Science and Technology Directorate at the Department of Homeland Security to create rules to protect sensitive information in research and development projects from unauthorized access or disclosure. This includes the development of department-wide guidelines and processes. The bill also mandates that the Government Accountability Office (GAO) report on the Department's compliance with existing national security guidelines related to research security. Additionally, within 90 days of the bill's enactment, the Secretary of Homeland Security must brief Congress on the progress of these new safeguarding policies.

Published

2024-12-20
Congress: 118
Session: 2
Chamber: SENATE
Status: Referred in Senate
Date: 2024-12-20
Package ID: BILLS-118hr9748rfs

Bill Statistics

Size

Sections:
2
Words:
620
Pages:
4
Sentences:
14

Language

Nouns: 199
Verbs: 34
Adjectives: 20
Adverbs: 3
Numbers: 33
Entities: 57

Complexity

Average Token Length:
4.54
Average Sentence Length:
44.29
Token Entropy:
4.66
Readability (ARI):
25.58

AnalysisAI

The bill titled "Research Security and Accountability in DHS Act," proposed in the 118th Congress, focuses on enhancing the security of research and development within the Department of Homeland Security (DHS). It aims to establish a comprehensive policy to protect sensitive research information from unauthorized access and disclosure. Additionally, the bill mandates a Government Accountability Office (GAO) report and a congressional briefing to evaluate and confirm the implementation of relevant security measures and national guidelines.

General Summary

This legislative proposal requires the Under Secretary of the Science and Technology Directorate within DHS to create policies to safeguard research and development activities. The intent is to prevent unauthorized access to sensitive information that could compromise national security. To ensure these measures are upheld, the bill calls for a report from the GAO to assess compliance with national security directives and guidelines, specifically National Security Presidential Memorandum-33 (NSPM-33) and related guidance from the National Science and Technology Council. Moreover, a briefing to Congress is mandated to report the progress in setting these policies.

Significant Issues

The proposal raises several noteworthy concerns:

  1. Lack of Clear Metrics: While the amendment to the Homeland Security Act introduces a new security policy, it lacks specific metrics or mechanisms to assess the effectiveness of these measures. Without clear criteria, it could be challenging to evaluate the success of the policy in safeguarding sensitive research.

  2. GAO Report and Baseline Metrics: The requirement for the GAO to report on compliance with NSPM-33 and implementation guidelines is crucial. However, the absence of baseline metrics or previous performance data may weaken accountability and make it difficult to assess improvements or identify areas in need of further enhancement.

  3. Potential Overlap with Existing Policies: By introducing paragraph (15) to Section 302, there is a risk of creating inconsistencies or overlaps with existing security policies. This could result in conflicts or inefficiencies unless alignment and coordination are ensured.

  4. Vague Coordination Guidance: The bill's language about "appropriate agency officials" responsible for developing these policies lacks specificity. This vagueness could lead to insufficient coordination and unclear lines of responsibility among DHS personnel.

  5. Undefined Congressional Outcomes: The mandated congressional briefing does not specify intended outcomes or goals, which could lead to ineffective legislative oversight and potentially unproductive discussions.

Broad Impact on the Public

For the public, especially those concerned with national security and privacy, this bill represents a step towards safeguarding sensitive governmental activities against foreign interference and unauthorized access. By strengthening the security framework within one of the nation's key security departments, it might offer reassurance that adequate measures are in place to protect vital information.

Impact on Specific Stakeholders

  • DHS and Federal Agencies: For DHS and related federal agencies, there is a significant implication in terms of administrative adjustments and potential restructuring of current practices and policies. Successfully implementing this bill will require substantial coordination and possibly additional resources to develop and enforce the new security protocols.

  • Academia and Research Institutions: These stakeholders might experience stringent compliance and reporting requirements, which could impact research collaboration, especially with international partners. It may create more administrative work and necessitate careful handling of research data.

  • Congressional Committees: Members of the House and Senate involved with the oversight of homeland security will be tasked with ensuring compliance and effectiveness of the new policies, entailing a need for thorough understanding and monitoring of DHS activities related to this bill.

The bill holds promise for increasing national security but faces challenges that need careful consideration to avoid undermining its objectives. Ensuring well-defined goals and measurable outcomes, as well as fostering inter-agency collaboration, will be key to its success.

Issues

  • The amendment to Section 302 of the Homeland Security Act of 2002 introduces a policy on safeguarding research and development but lacks clear metrics or mechanisms to assess its effectiveness, which may lead to inadequate security measures (Section 2).

  • The requirement for a GAO report on compliance with NSPM–33 and adoption of the National Science and Technology Council's guidance lacks any baseline for comparison or previous performance metrics, potentially weakening accountability measures (Section 2).

  • The new paragraph (15) added to Section 302 may lead to inconsistencies or overlap with existing sensitive information security policies unless there is proper alignment, potentially causing conflicts or inefficiencies across departments (Section 2).

  • The language used to describe coordination with 'appropriate agency officials' is vague, providing no clarity on which officials or departments are involved in policy development, potentially leading to insufficient coordination (Section 2).

  • The mandated briefing to Congress lacks specification of intended outcomes or goals, which might result in vague or unproductive legislative oversight (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.