[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.
---------------------------------------------------------------------------
    \3\Id.
    \4\Id.
    \5\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.

           *       *       *       *       *       *       *


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