[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5319 Reported in Senate (RS)]
<DOC>
Calendar No. 750
118th CONGRESS
2d Session
S. 5319
[Report No. 118-330]
To amend the Homeland Security Act of 2002 to direct the Under
Secretary for Intelligence and Analysis of the Department of Homeland
Security to conduct an annual audit of the information systems and bulk
data of the Office of Intelligence and Analysis of the Department, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 14, 2024
Mr. Peters introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
December 19 (legislative day, December 16), 2024
Reported by Mr. Peters (for himself and Mr. Ossoff), with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend the Homeland Security Act of 2002 to direct the Under
Secretary for Intelligence and Analysis of the Department of Homeland
Security to conduct an annual audit of the information systems and bulk
data of the Office of Intelligence and Analysis of the Department, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``DHS Intelligence and
Analysis Oversight and Transparency Act''.</DELETED>
<DELETED>SEC. 2. ANNUAL AUDIT OF DHS OFFICE OF INTELLIGENCE AND
ANALYSIS INFORMATION SYSTEMS AND BULK DATA.</DELETED>
<DELETED> (a) In General.--Subtitle A of title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the
end the following:</DELETED>
<DELETED>``SEC. 210H. ANNUAL AUDIT OF INFORMATION SYSTEMS AND BULK
DATA.</DELETED>
<DELETED> ``(a) Definition.--In this section, the term `appropriate
congressional committees' means the Committee on Homeland Security and
Governmental Affairs and the Select Committee on Intelligence of the
Senate and the Committee on Homeland Security and the Permanent Select
Committee on Intelligence of the House of Representatives.</DELETED>
<DELETED> ``(b) Audit.--The Under Secretary for Intelligence and
Analysis of the Department shall conduct an annual audit of the
information systems and bulk data of the Office of Intelligence and
Analysis, which shall be consistent with the intelligence oversight
guidelines of the Office of Intelligence and Analysis.</DELETED>
<DELETED> ``(c) Report.--Not later than 30 days after the conclusion
of the audit under subsection (b), the Under Secretary for Intelligence
and Analysis of the Department shall submit to the appropriate
congressional committees the findings and results of such
audit.''.</DELETED>
<DELETED> (b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116
Stat. 2135) is amended by inserting after the item relating to section
210G the following:</DELETED>
<DELETED>``Sec. 210H. Annual audit of information systems and bulk
data.''.
SECTION 1. SHORT TITLE.
This Act may be cited as the ``DHS Intelligence and Analysis
Oversight and Transparency Act''.
SEC. 2. ANNUAL AUDIT OF DHS OFFICE OF INTELLIGENCE AND ANALYSIS
INFORMATION SYSTEMS AND BULK DATA.
(a) In General.--Subtitle A of title II of the Homeland Security
Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the
following:
``SEC. 210H. ANNUAL AUDIT OF INFORMATION SYSTEMS AND BULK DATA.
``(a) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means the Committee on
Homeland Security and Governmental Affairs and the Select
Committee on Intelligence of the Senate and the Committee on
Homeland Security and the Permanent Select Committee on
Intelligence of the House of Representatives.
``(2) Bulk data.--The term `bulk data' means large
quantities of data acquired without the use of discriminants, a
significant portion of which are not reasonably likely to have
intelligence or operational value.
``(3) Discriminants.--The term `discriminants' means
identifiers and selection terms.
``(b) Audit.--The Under Secretary for Intelligence and Analysis of
the Department shall conduct an annual audit of the information systems
and bulk data of the Office of Intelligence and Analysis, which shall
be consistent with the intelligence oversight guidelines of the Office
of Intelligence and Analysis.
``(c) Reports and Reviews.--
``(1) Report to congress.--Not later than 30 days after the
conclusion of the audit under subsection (b), the Under
Secretary for Intelligence and Analysis of the Department shall
submit to the appropriate congressional committees the findings
and results of such audit.
``(2) GAO review.--Not later than 4 years after the date of
enactment of the DHS Intelligence and Analysis Oversight and
Transparency Act, the Comptroller General of the United States
shall provide the appropriate congressional committees with a
review of the implementation of the annual audit requirement in
subsection (b), challenges in the implementation of the
requirement, and recommendations for improving the audit.
``(3) Notification.--The Under Secretary for Intelligence
and Analysis of the Department shall provide the appropriate
congressional committees with--
``(A) a notification not later than 30 days after
the initial analysis or other intelligence use of
information in a bulk data set and the associated terms
and conditions; and
``(B) an update not later than 30 days after any
changes to terms and conditions related to the use of a
bulk data set.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135)
is amended by inserting after the item relating to section 210G the
following:
``Sec. 210H. Annual audit of information systems and bulk data.''.
Calendar No. 750
118th CONGRESS
2d Session
S. 5319
[Report No. 118-330]
_______________________________________________________________________
A BILL
To amend the Homeland Security Act of 2002 to direct the Under
Secretary for Intelligence and Analysis of the Department of Homeland
Security to conduct an annual audit of the information systems and bulk
data of the Office of Intelligence and Analysis of the Department, and
for other purposes.
_______________________________________________________________________
December 19 (legislative day, December 16), 2024
Reported with an amendment