[House Report 118-639]
[From the U.S. Government Publishing Office]
118th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 118-639
======================================================================
DHS INTELLIGENCE AND ANALYSIS OVERSIGHT AND
TRANSPARENCY ACT
_______
August 30, 2024.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Green of Tennessee, from the Committee on Homeland
Security, submitted the following
R E P O R T
[To accompany H.R. 8664]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
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, having considered the same, reports favorably thereon
without amendment and recommends that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and
Tax Expenditures............................................... 3
Federal Mandates Statement....................................... 8
Duplicative Federal Programs..................................... 8
Statement of General Performance Goals and Objectives............ 8
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 8
Advisory Committee Statement..................................... 8
Applicability to Legislative Branch.............................. 8
Section-by-Section Analysis of the Legislation................... 8
Changes in Existing Law Made by the Bill, as Reported............ 9
Purpose and Summary
The purpose of H.R. 8664, the ``DHS Intelligence and
Analysis Oversight and Transparency Act,'' is to require the
Department of Homeland Security's (DHS) Under Secretary for
Intelligence and Analysis (I&A) to conduct an annual audit of
the information systems and bulk data of I&A.
Background and Need for Legislation
DHS's Office of I&A is required to audit bulk data
transferred to or from I&A to assess whether personnel's access
to and searches conducted are appropriately limited to protect
Americans' civil liberties, right to privacy, and civil rights.
The Government Accountability Office (GAO) defines ``bulk
data'' as large quantities of data acquired without the use of
discriminants, such as specific identifiers or selection
terms.\1\ A significant portion of this data does not have
intelligence or operational value, and any bulk data containing
U.S. persons information that are transferred into or out of
I&A are subject to terms and conditions that the Undersecretary
for I&A establishes for each transfer.\2\
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\1\U.S. GOV'T Accountability Office, GAO-23-105475, Homeland
Security: Office of Intelligence and Analysis Should Improve Privacy
Oversight and Assessment of Its Effectiveness (2023).
\2\Id.
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A recent GAO report found that I&A has not fully
implemented oversight guidelines pertaining to bulk data
collection activities and has not conducted an audit of the
bulk data collections that are outlined in the Intelligence
Oversight Guidelines.\3\ The same GAO report recommended that
the Undersecretary for I&A should ensure that the entities
responsible for conducting audits of information systems and
bulk data are carrying out their duties outlined in accordance
with I&A's Intelligence oversight guidelines.\4\ GAO also found
that I&A has never conducted an audit of bulk data
collections.\5\ These revelations show that there needs to be
stronger safeguards in place to ensure that I&A remains
accountable to the American people.
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\3\Id.
\4\Id.
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Hearings
The Committee held the following hearings in the 118th
Congress that informed H.R. 8664:
On May 16, 2023, the Subcommittee on Counterterrorism, Law
Enforcement, and Intelligence and Subcommittee on Emergency
Management and Technology held a hearing entitled ``Protecting
the Homeland: An Examination of Federal Efforts to Support
State and Local Law Enforcement'' and received testimony from
Michael Gerke, Chief of Police, Odessa Police Department; Don
Barnes, Sheriff, Orange County, California; Michael Cox,
Commissioner, Boston Police Department; and Rafael A. Mangual,
Senior Fellow and Head of Research, Policing & Public Safety
Initiative, Manhattan Institute for Policy Research.
On May 15, 2024, the Committee on Homeland Security held a
hearing entitled ``Standing Strong on the Thin Blue Line: How
Congress Can Support Local Law Enforcement'' and received
testimony Gregory Mays, Deputy Commissioner, Tennessee
Department of Safety and Homeland Security; Michael L. Chapman,
Sheriff, Loudon County, Virginia; Michael Bullock, President,
Austin Police Association; and Rodney Bryant, President,
National Organization of Black Law Enforcement.
Committee Consideration
The Committee met on Wednesday, June 12, 2024, a quorum
being present, to consider H.R. 8664 and ordered the measure to
be favorably reported to the House by voice vote.
Committee Votes
Clause 3(b) of rule XIII requires the Committee to list the
recorded votes on the motion to report legislation and
amendments thereto.
No recorded votes were requested during consideration of
H.R. 8664.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII, the
Committee advises that the findings and recommendations of the
Committee, based on oversight activities under clause 2(b)(1)
of rule X, are incorporated in the descriptive portions of this
report.
Congressional Budget Office Estimate, New Budget
Authority, Entitlement Authority, and Tax Expenditures
With respect to the requirements of clause 3(c)(2) of rule
XIII and section 308(a) of the Congressional Budget Act of
1974, and with respect to the requirements of clause 3(c)(3) of
rule XIII and section 402 of the Congressional Budget Act of
1974, the Committee adopts as its own the estimate of any new
budget authority, spending authority, credit authority, or an
increase or decrease in revenues or tax expenditures contained
in the cost estimate prepared by the Director of the
Congressional Budget Office.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Legislation summary: On June 12, 2024, the House Committee
on Homeland Security ordered 13 bills to be reported. This
document provides estimates for 12 of those bills.
The legislation would:
Require the Department of Homeland Security
(DHS) to conduct a public information campaign on the
dangers of traveling to the United States through
Mexico from Central and South America;
Codify the Special Event Assessment Rating
(SEAR) program within DHS;
Authorize U.S. Customs and Border Protection
(CBP) to conduct its own maintenance at ports of entry
for projects that cost less than $300,000;
Prohibit DHS from purchasing batteries or
products that use batteries made by certain Chinese
entities;
Impose various reporting requirements on the
Transportation Security Administration (TSA), DHS, and
the Government Accountability Office (GAO);
Require DHS to conduct research and
development on equipment used by law enforcement
agencies to detect illicit drugs; and
Expand the employee rotational program
within DHS to include intelligence analyst positions.
Estimated Federal cost: The estimated costs of the
legislation fall within budget functions 400 (transportation)
and 750 (administration of justice).
Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted near the end of fiscal year 2024.
The estimated costs do not include any interaction effects
among the pieces of legislation. If all 12 bills were combined
and enacted as a single piece of legislation, the estimated
costs could be different than the sum of the separate
estimates, although CBO expects that any difference would be
small.
H.R. 4574, Cooperation on Combatting Human Smuggling and
Trafficking Act: H.R. 4574 would require DHS to conduct public
information campaigns about the dangers for migrants traveling
across Mexico to the United States. H.R. 4574 also would
require DHS to expand partnerships with law enforcement
entities in Central and South America to combat human smuggling
and trafficking.
Using information from DHS about the costs of similar
public awareness campaigns, such as ``If You See Something, Say
Something'' and the Blue Campaign, CBO estimates that it would
cost $5 million annually to implement the public information
campaigns. Those costs would include hiring and training staff,
engaging private contractors, and advertising. CBO estimates
that it would cost DHS less than $500,000 to comply with the
bill's other provisions because the agency already conducts
those activities. In total, CBO estimates that implementing
H.R. 4574 would cost $26 million over the 2024-2029 period,
assuming appropriation of the estimated amounts.
H.R. 6229, DHS Special Events Program and Support Act: H.R.
6229 would codify the Special Event Assessment Rating program
that DHS currently administers. Under that program, state and
local governments submit events to an inter-agency working
group that assesses each event for potential security risks,
such as terrorist attacks and other hazards. Depending on the
level of risk determined by the group, DHS and other federal
agencies may provide support to the state or local government
in managing security operations for the event.
H.R. 6229 also would require DHS to engage in research and
development of emerging technologies that would enhance the
department's efforts to support federal, state, local, tribal,
and territorial agencies with respect to mass gatherings.
Lastly, the bill would require DHS to report to the Congress
annually on the program's activities and once every five years
on the program's effectiveness.
Based on the costs of similar activities, CBO estimates
implementing H.R. 6229 would cost less than $500,000 over the
2024-2029 period, primarily to comply with the bill's reporting
requirements. Any related spending would be subject to the
availability of appropriated funds. Under current law, DHS
already can conduct research and development on emerging
technologies. On that basis, CBO estimates that the cost of
implementing that provision and codifying the existing SEAR
program would be insignificant.
H.R. 8150, REVAMP Act: H.R. 8150 would require U.S. Customs
and Border Protection (CBP) to establish procedures to allow
the agency to carry out maintenance and repair projects that
cost less than $300,000 at federally owned ports of entry
without the direct involvement of the General Services
Administration (GSA). Under the bill, that amount would be
adjusted annually for inflation. The bill also would require
CBP to consult with GSA before creating those procedures and
report annually to the Congress on the projects it completed
and their costs.
Using information from CBP, CBO estimates that implementing
H.R. 8150 would cost $1 million in administrative and personnel
costs over the 2024-2029 period. Any related spending would be
subject to the availability of appropriated funds.
H.R. 8631, Decoupling from Foreign Adversarial Battery
Dependence Act: H.R. 8631 would, starting in fiscal year 2028,
prohibit DHS from using appropriated funds to purchase a
battery or a product that uses a battery made by certain
Chinese entities. The bill would allow DHS to waive the
prohibition under some circumstances, including if it
determines that the battery would not pose a threat to national
security. H.R. 8631 also would require DHS to report to the
Congress within 180 days of enactment on the effect the
prohibition would have on costs and operations.
Based on the costs of similar activities, CBO estimates
that implementing H.R. 8631 would cost less than $500,000. Any
related spending would be subject to the availability of
appropriated funds.
H.R. 8654, Streamlining Law Enforcement Information Sharing
Act: H.R. 8654 would require the GAO to report to the Congress
within one year of enactment on the Homeland Security
Information Network. DHS uses that network to share information
and intelligence with other law enforcement agencies,
coordinate security for planned events, and respond to
emergencies. Based on the costs of similar reports, CBO
estimates that implementing H.R. 8654 would cost less than
$500,000 over the 2024-2029 period. Any related spending would
be subject to the availability of appropriated funds.
H.R. 8655, Federal Air Marshal Enhancing Airport Security
Act of 2024: H.R. 8655 would require TSA to develop a plan for
the role of federal air marshals at certain airports and brief
the Congress on that plan. Based on the costs of similar
activities, CBO estimates that implementing the bill would cost
less than $500,000 over the 2024-2029 period. Any related
spending would be subject to the availability of appropriated
funds.
H.R. 8658, Emerging Digital Identity Ecosystem Report Act
of 2024: H.R. 8658 would require TSA to report to the Congress
on digital identity systems that allow credentials and other
information to be verified in a secure and efficient manner.
Based on the costs of similar activities, CBO estimates that
implementing the bill would cost less than $500,000 over the
2024-2029 period. Any related spending would be subject to the
availability of appropriated funds.
H.R. 8662, TSA Commuting Fairness Act: H.R. 8662 would
require TSA to report to the Congress on the feasibility of
treating the time that its employees spend commuting from
airport parking lots to their workstations as on-duty hours.
Based on the costs of similar activities, CBO estimates that
implementing the bill would cost less than $500,000 over the
2024-2029 period. Any related spending would be subject to the
availability of appropriated funds.
H.R. 8663, DETECT Fentanyl and Xylazine Act of 2024: H.R.
8663 would require DHS to engage in research and development of
technologies and equipment that would help federal, state,
local, tribal, and territorial law enforcement agencies detect
and disrupt illicit drug trafficking. Under current law, DHS
already conducts research on equipment and technologies to
detect and intercept illegal drugs. On that basis, CBO
estimates that implementing H.R. 8663 would cost less than
$500,000. Any related spending would be subject to the
availability of appropriated funds.
H.R. 8664, DHS Intelligence and Analysis Oversight and
Transparency Act: H.R. 8664 would require DHS to annually audit
its use of information systems and bulk data and report the
results to the Congress. Based on the costs of similar
activities, CBO estimates that implementing H.R. 8664 would
cost less than $500,000 over the 2024-2029 period. Any related
spending would be subject to the availability of appropriated
funds.
H.R. 8671, DHS Intelligence Rotational Assignment Program
and Law Enforcement Support Act: H.R. 8671 would allow
intelligence analysts to participate in DHS's in-house employee
rotation program, which allows personnel to work temporarily in
different component units. CBO expects that DHS would need to
update policies and procedures to expand the current rotation
program. Based on the costs of similar activities, CBO
estimates that implementing H.R. 8671 would cost less than
$500,000 over the 2024-2029 period. Any related spending would
be subject to the availability of appropriated funds.
H.R. 8675, Repair the National Law Enforcement
Telecommunications Systems Act of 2024: H.R. 8675 would require
TSA to report to the Congress on how the agency collects
digital data about law enforcement officers who are armed when
they fly. Based on the costs of similar activities, CBO
estimates that implementing the bill would cost less than
$500,000 over the 2024-2029 period. Any related spending would
be subject to the availability of appropriated funds.
Pay-As-You-Go considerations: Enacting any of the 12 bills
in this estimate would not affect direct spending or revenues;
therefore, pay-as-you-go procedures do not apply.
Increase in long-term net direct spending and deficits: CBO
estimates that enacting any of the 12 bills in this estimate
would not increase net direct spending or on-budget deficits in
any of the four consecutive 10-year periods beginning in 2035.
Mandates: None of the bills contain intergovernmental or
private-sector mandates as defined in the Unfunded Mandates
Reform Act.
Previous CBO estimate: On April 10, 2023, CBO transmitted a
cost estimate for S. 243, a bill to require the Commissioner of
U.S. Customs and Border Protection to establish procedures for
conducting maintenance projects at ports of entry at which the
Office of Field Operations conducts certain enforcement and
facilitation activities, as ordered reported by the Senate
Committee on Homeland Security and Governmental Affairs on
March 29, 2023. S. 243 is similar to H.R. 8150, and CBO's
estimate of the costs are the same for both bills.
Estimate prepared by: Federal costs: Jeremy Crimm
(Department of Homeland Security); Aaron Krupkin
(Transportation Security Administration). Mandates: Rachel
Austin, Brandon Lever.
Estimate reviewed by: Justin Humphrey, Chief, Finance,
Housing, and Education Cost Estimates Unit; Robert Reese,
Chief, Natural and Physical Resources Cost Estimates Unit;
Kathleen FitzGerald, Chief, Public and Private Mandates Unit;
H. Samuel Papenfuss, Deputy Director of Budget Analysis.
Estimate approved by: Phillip L. Swagel, Director,
Congressional Budget Office.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act of 1995.
Duplicative Federal Programs
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 8664 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII, the objective of
H.R. 8664 is 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.
Congressional Earmarks, Limited Tax Benefits, and Limited
Tariff Benefits
In compliance with rule XXI, this bill, as reported,
contains no congressional earmarks, limited tax benefits, or
limited tariff benefits as defined in clause 9(d), 9(e), or
9(f) of rule XXI.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to the Legislative Branch
The Committee finds that H.R. 8664 does not relate to the
terms and conditions of employment or access to public services
or accommodations within the meaning of section 102(b)(3) of
the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short title
This section provides the Act's short title, the ``DHS
Intelligence and Analysis Oversight and Transparency Act.''
Section 2. Annual audit of DHS Office of Intelligence and Analysis
Oversight
This section amends Subtitle A of title II of the Homeland
Security Act of 2002 (6 U.S.C. 414) by adding a new subsection
after Sec. 2107H that requires the following:
Subsection (a) requires the DHS Undersecretary of I&A to
conduct an annual audit of the information systems and bulk
data of I&A.
Subsection (b) requires the DHS Undersecretary of I&A to
issue a report outlining the findings and results of the annual
audit within 30 days of the audit concluding.
Subsection (c) defines what that the ``appropriate
congressional committees'' means the House Committee on
Homeland Security, the House Permanent Select Committee on
intelligence, the Senate Committee on Homeland Security and
Governmental Affairs, and the Select Committee on Intelligence
of the Senate.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italics and existing law in which no change is
proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Homeland
Security Act of 2002''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
Sec. 1. Short title; table of contents.
* * * * * * *
TITLE II--INFORMATION ANALYSIS
Subtitle A--Information and analysis; Access to Information
Sec. 201. Information and analysis.
* * * * * * *
Sec. 210H. Annual audit of information systems and bulk data.
* * * * * * *
TITLE II--INFORMATION ANALYSIS
Subtitle A--Information and Analysis;
Access to Information
* * * * * * *
SEC. 210H. ANNUAL AUDIT OF INFORMATION SYSTEMS AND BULK
DATA.
(a) In General.--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.
(b) Report.--Not later than 30 days after the conclusion of
the audit under subsection (a), the Under Secretary for
Intelligence and Analysis of the Department shall submit to the
appropriate congressional committees the findings and results
of such audit.
(c) Definition.--In this section, the term ``appropriate
congressional committees'' means the Committee on Homeland
Security and the Permanent Select Committee on Intelligence of
the House of Representatives and the Committee on Homeland
Security and Governmental Affairs and the Select Committee on
Intelligence of the Senate.
* * * * * * *
[all]