[Congressional Record Volume 170, Number 188 (Wednesday, December 18, 2024)]
[House]
[Pages H7343-H7344]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      DHS INTELLIGENCE AND ANALYSIS OVERSIGHT AND TRANSPARENCY ACT

  Mr. GREEN of Tennessee. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 8664) 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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 8664

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     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) Annual Audits.--Not later than 180 days after the 
     date of the enactment of this section and annually 
     thereafter, the Under Secretary for Intelligence and Analysis 
     of the Department shall conduct an 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.
       ``(c) Notifications.--The Under Secretary for Intelligence 
     and Analysis of the Department shall provide the appropriate 
     congressional committees with--
       ``(1) a notification not later than 30 days after the first 
     analysis or other intelligence use by the Office of 
     Intelligence and Analysis after the date of the enactment of 
     this section of any new bulk data set and the associated 
     terms and conditions; and
       ``(2) an update not later than 30 days after any changes to 
     such associated terms and conditions related to the use of 
     such a bulk data set.
       ``(d) Reports and Review.--
       ``(1) Reports to congress.--Not later than 30 days after 
     the conclusion of each audit

[[Page H7344]]

     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 
     the enactment of this section, the Comptroller General of the 
     United States shall provide the appropriate congressional 
     committees a review of the implementation of the annual audit 
     requirement under subsection (b), challenges to the 
     implementation of such requirement, and recommendations for 
     improving such audits.''.
       (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.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Tennessee (Mr. Green) and the gentleman from New York (Mr. Kennedy) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Tennessee.


                             General Leave

  Mr. GREEN of Tennessee. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days in which to revise and extend their 
remarks and include extraneous material on H.R. 8664.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Tennessee?
  There was no objection.
  Mr. GREEN of Tennessee. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I rise today in support of H.R. 8664, the DHS 
Intelligence and Analysis Oversight and Transparency Act introduced by 
the gentlewoman from Florida (Ms. Lee).
  DHS' Office of Intelligence and Analysis, or I&A, is required to 
audit bulk data transferred to or from I&A to appropriately limit 
intrusion into information related to the civil rights and liberties 
and other privacy concerns of Americans.
  A recent GAO study found I&A has not implemented guidelines to 
address this issue. Ms. Lee's bill would amend the Homeland Security 
Act to require I&A to conduct an annual audit and report to Congress on 
its progress.
  I thank the gentlewoman from Florida for her commonsense legislation, 
and I reserve the balance of my time.
  Mr. KENNEDY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 8664, the DHS Intelligence and 
Analysis Oversight and Transparency Act.
  H.R. 8664 would require the Undersecretary for Intelligence and 
Analysis at the Department of Homeland Security to annually audit and 
report to Congress on the information systems and bulk data of the 
Office of Intelligence and Analysis, or I&A.
  The bill would ensure such systems and data are consistent with 
oversight guidelines.
  Last year, at the request of Ranking Member Thompson, the Government 
Accountability Office issued a report that found that I&A is not 
auditing its information systems and bulk data.
  Such audits are necessary to ensure, for example, that information 
pertaining to U.S. persons that is collected, stored, shared, and 
managed in information systems is protected.
  The GAO report recommended that the Undersecretary identify who is 
responsible for conducting the audits of information systems and that 
the responsible official actually conduct them. This bill would simply 
codify the recommendations made in the GAO report.
  Mr. Speaker, I support this commonsense legislation, and I reserve 
the balance of my time.
  Mr. GREEN of Tennessee. Mr. Speaker, I yield such time as she may 
consume to the gentlewoman from Florida (Ms. Lee).
  Ms. LEE of Florida. Mr. Speaker, I rise today in support of H.R. 
8664, the DHS Intelligence and Analysis Oversight and Transparency Act.
  Our public servants must carefully protect the personal information 
and data of Americans.
  Unfortunately, time and again, we have seen examples of agencies and 
bureaucrats who have failed to secure and protect our most sensitive 
information.
  A recent report from the Government Accountability Office found that 
the Department of Homeland Security's Office of Intelligence and 
Analysis, I&A, has not fully implemented oversight guidelines 
pertaining to bulk data collection activities and has not conducted an 
audit as outlined in the intelligence oversight guidelines.
  To ensure transparency and to protect Americans' civil liberties, 
privacy, and civil rights, my bill, the DHS Intelligence and Analysis 
Oversight and Transparency Act, will require DHS' I&A to conduct an 
annual audit to assess whether access to and searches of Americans' 
data are appropriately limited and in line with the I&A's intelligence 
guidelines.
  To further conduct oversight, this bill will require the 
Undersecretary for Intelligence and Analysis to submit a report to 
Congress that outlines the findings of every annual audit to ensure 
transparency for the American people.
  Americans deserve to know what data and information is being accessed 
by government agencies. This bill will make sure that entities 
responsible for conducting audits of information systems and bulk data 
are carrying out their duties in accordance with I&A's oversight 
guidelines.
  Mr. Speaker, I urge my colleagues to vote ``yes'' on H.R. 8664.
  Mr. KENNEDY. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, this bill would ensure that DHS' Office of Intelligence 
and Analysis audits their systems and data, and that personnel follow 
policies to protect the privacy, civil rights, and civil liberties of 
United States persons.
  I thank the gentlewoman from Florida (Ms. Lee) for introducing the 
bill in response to oversight done by Democrats on the committee.
  Mr. Speaker, I urge my colleagues to support H.R. 8664, and I yield 
back the balance of my time.
  Mr. GREEN of Tennessee. Mr. Speaker, I yield myself the balance of my 
time.
  Mr. Speaker, I, again, urge my colleagues to support H.R. 8664, and I 
thank Ms. Lee for her hard work on this bill.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Tennessee (Mr. Green) that the House suspend the rules 
and pass the bill, H.R. 8664, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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