Research Security and Accountability in DHS Act
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Would require the Department of Homeland Security's Science and Technology Directorate to create a department-wide policy protecting research and development from unauthorized access or disclosure of sensitive information — and would direct the Government Accountability Office to examine whether DHS has met existing federal research-security rules.
The bill addresses growing concerns about foreign-government influence in federally funded research by codifying a safeguarding duty for DHS and scrutinizing compliance with a 2021 presidential directive on research security disclosures.
What this bill would do
What it would do
The bill would do two things. First, it would amend the Homeland Security Act of 2002 to assign the Under Secretary of the Science and Technology Directorate a new responsibility: developing, in coordination with other DHS officials, a department-wide policy and process to protect research and development acquisitions from unauthorized access to or disclosure of sensitive information. Within 90 days of enactment, the Secretary of Homeland Security would also be required to brief the relevant congressional committees on progress toward that policy.
Second, the bill would direct the Government Accountability Office (GAO) to report within one year on how DHS has complied with National Security Presidential Memorandum-33 (NSPM-33) and the 2022 implementation guidance from the National Science and Technology Council. That report would specifically address DHS's disclosure practices, how violations are reported to intelligence-community agencies, and how the Science and Technology Directorate fits into a broader federal research-security framework.
Key provisions
- 1Would amend the Homeland Security Act of 2002 to require the Science and Technology Directorate to develop a department-wide policy safeguarding R&D acquisitions from unauthorized access or disclosure of sensitive information.
- 2Would direct the GAO to report to Congress within one year on DHS compliance with NSPM-33 and the 2022 NSTC implementation guidance, covering disclosure practices, violation reporting, and the Directorate's role.
- 3Would require the Secretary of Homeland Security to brief congressional homeland security committees within 90 days on development of the new research-safeguarding policies and processes.
Who would be affected
The Department of Homeland Security and its Science and Technology Directorate, which would bear the new policy-development obligation. Congressional oversight committees on homeland security in both chambers would receive the required briefings and GAO report. Contractors and researchers involved in DHS research and development acquisitions could be subject to the resulting safeguarding policies.
Why it matters
If enacted, DHS would for the first time have a statutory mandate to build a formal research-security framework, closing a gap that NSPM-33 identified but did not itself enforce through legislation. The GAO review would give Congress an independent assessment of whether DHS has actually followed existing disclosure requirements designed to detect conflicts of interest involving foreign governments in federally funded research.
What would change
Changes to existing law
Amends Homeland Security Act of 2002, Section 302 (6 U.S.C. 182) (Sec. 2(a))
Adds a new paragraph (15) assigning the Science and Technology Directorate Under Secretary responsibility for developing a department-wide R&D research-security policy.
Agencies directed to act
Effective dates
- Secretary of Homeland Security congressional briefing on R&D safeguarding policy development
- GAO report to Congress on DHS compliance with NSPM-33 and NSTC guidance
How implementation would work
The Science and Technology Directorate Under Secretary would coordinate with appropriate DHS officials to draft the new department-wide research-security policy, the parameters of which the bill does not prescribe. Within 90 days of enactment, the Secretary must brief the House and Senate homeland security committees on that development effort. Separately, the GAO — an independent congressional watchdog — would have one year to investigate and report on DHS compliance with NSPM-33 and the 2022 NSTC guidance, covering disclosure practices, violation reporting, and the Directorate's role in any research-security framework across the department.
Legislative status & sources
Latest action
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Official CRS summary
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This bill requires the Science and Technology Directorate in the Department of Homeland Security (DHS) to develop a department-wide policy for safeguarding research and development from unauthorized access or disclosures of sensitive information in related acquisitions.
Additionally, the Government Accountability Office must report on the compliance of DHS with a 2021 presidential memorandum and related guidance that required certain disclosures about government-funded research and development (e.g., conflicts of interest involving foreign governments).
Legislative subjects
Congressional oversight; Government information and archives; Research and development; Science, Technology, Communications; U.S. and foreign investments