[House Report 119-375]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 119-375
=======================================================================
STRENGTHENING OVERSIGHT OF DHS
INTELLIGENCE ACT
----------------
November 12, 2025.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
----------------
Mr. Garbarino, from the Committee on Homeland Security,
submitted the following
R E P O R T
[To accompany H.R. 2261]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 2261) to amend the Homeland Security Act of 2002
to enhance the Department of Homeland Securitys oversight of
certain intelligence matters, 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.......................................... 2
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 5
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and
Tax Expenditures............................................... 5
Federal Mandates Statement....................................... 6
Duplicative Federal Programs..................................... 6
Statement of General Performance Goals and Objectives............ 6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 6
Advisory Committee Statement..................................... 6
Applicability to Legislative Branch.............................. 6
Section-by-Section Analysis of the Legislation................... 6
Changes in Existing Law Made by the Bill, as Reported............ 7
Purpose and Summary
H.R. 2261, the ``Strengthening Oversight of DHS
Intelligence Act,'' enhances the Department of Homeland
Security's oversight of certain intelligence matters.
Background and Need For Legislation
The Department of Homeland Security (DHS) has a distinct
role within the broader U.S. intelligence community, sharing
intelligence across federal, state, local, tribal, and
territorial partners to enhance preparedness and response
capabilities at all levels of government. DHS, through its
Office of Intelligence and Analysis (I&A), focuses on gathering
and analyzing intelligence related to terrorism, cyber threats,
and other risks that could harm U.S. infrastructure, citizens,
and government operations inside the country. However, recent
reports indicate additional oversight of DHS intelligence
products is necessary to ensure DHS intelligence collection
does not infringe on citizens' rights.
In recent years, DHS I&A has faced criticism for statutory
overreach and its bulk data collection. A 2023 report by the
Government Accountability Office (GAO) revealed that I&A had
not conducted mandatory audits of its information systems and
bulk data collections, which are essential to ensure that
personnel access and searches are appropriately limited to
protect Americans' civil liberties and privacy rights.\1\
Furthermore, I&A has developed Data Analysis Tools (DATs) to
enhance the analysis of datasets containing personally
identifiable information (PII).\2\ While these tools are
intended to support homeland security missions, some lawmakers
have also raised privacy concerns over the potential for misuse
of sensitive data. These criticisms underscore the importance
of oversight to ensure that intelligence activities do not
infringe upon the privacy and civil liberties of U.S. citizens.
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\1\ Homeland Security: Office of Intelligence and Analysis Should
Improve Privacy Oversight and Assessment of Its Effectiveness | U.S.
GAO.
\2\https://www.dhs.gov/publication/dhsallpia-055-dhs-data-analysis-
tools.
---------------------------------------------------------------------------
Given I&A's unique position as the only agency statutorily
required to connect classified federal intelligence to state
and local law enforcement, governors, and emergency managers
through fusion centers and State, Local, Tribal, and
Territorial (SLTT) partnerships, it is important that DHS
intelligence collection does not infringe on citizens'
Constitutional rights.
Hearings
The Committee has not held a hearing that guided the
development of this legislation in the 119th Congress.
Committee Consideration
The Committee met on September 3, 2025, a quorum being
present, to consider H.R. 2261 and ordered the measure to be
favorably reported to the House by a recorded vote of 22 yeas
to 0 nays.
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.
The vote was as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
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 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]
H.R. 2261 would require the Department of Homeland Security
(DHS) to provide training to intelligence personnel on civil
rights and liberties. The bill also would require the agency to
ensure any intelligence information collected by the Office of
Intelligence and Analysis is shared and stored in a manner
consistent with federal law.
Information from DHS indicates that the department
currently meets the activities required by the bill. On that
basis, CBO estimates that implementing H.R. 2261 would cost
less than $500,000 over the 2026-2030 period. Any related
spending would be subject to the availability of appropriated
funds.
The CBO staff contact for this estimate is Jeremy Crimm.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Director of Budget Analysis.
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. 2261 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. 2261 is to enhance the Department of Homeland Security's
oversight of certain intelligence matters.
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. 2261 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
``Strengthening Oversight of DHS Intelligence Act''.
Section 2. Enhanced DHS oversight of certain intelligence matters
This section amends the Homeland Security Act of 2002 by
adding a new provision stipulating that any intelligence
collected by the Department is protected, consistent with
current law governing privacy rights and civil liberties.
Specifically, it adds a new subparagraph requiring that all DHS
intelligence products undergo review by the DHS Chief Privacy
Officer and the Officer for Civil Rights and Civil Liberties to
ensure compliance with constitutional protections. Furthermore,
it codifies required training for senior DHS intelligence
personnel on privacy rights, civil rights, and civil liberties
safeguards.
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 (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
* * * * * * *
TITLE II--INFORMATION ANALYSIS
Subtitle A--Information and Analysis;
Access to Information
SEC. 201. INFORMATION AND ANALYSIS.
(a) Intelligence and Analysis.--There shall be in the
Department an Office of Intelligence and Analysis.
(b) Under Secretary for Intelligence and Analysis.--
(1) Office of intelligence and analysis.--The Office
of Intelligence and Analysis shall be headed by an
Under Secretary for Intelligence and Analysis, who
shall be appointed by the President, by and with the
advice and consent of the Senate.
(2) Chief intelligence officer.--The Under Secretary
for Intelligence and Analysis shall serve as the Chief
Intelligence Officer of the Department.
(c) Discharge of Responsibilities.--The Secretary shall
ensure that the responsibilities of the Department relating to
information analysis, including those described in subsection
(d), are carried out through the Under Secretary for
Intelligence and Analysis.
(d) Responsibilities of Secretary Relating To Intelligence
and Analysis.--The responsibilities of the Secretary relating
to intelligence and analysis shall be as follows:
(1) To access, receive, and analyze law enforcement
information, intelligence information, and other
information from agencies of the Federal Government,
State and local government agencies (including law
enforcement agencies), and private sector entities, and
to integrate such information, in support of the
mission responsibilities of the Department and the
functions of the National Counterterrorism Center
established under section 119 of the National Security
Act of 1947 (50 U.S.C. 404o), in order to--
(A) identify and assess the nature and scope
of terrorist threats to the homeland;
(B) detect and identify threats of terrorism
against the United States; and
(C) understand such threats in light of
actual and potential vulnerabilities of the
homeland.
(2) To carry out comprehensive assessments of the
vulnerabilities of the key resources and critical
infrastructure of the United States, including the
performance of risk assessments to determine the risks
posed by particular types of terrorist attacks within
the United States (including an assessment of the
probability of success of such attacks and the
feasibility and potential efficacy of various
countermeasures to such attacks).
(3) To integrate relevant information, analysis, and
vulnerability assessments (regardless of whether such
information, analysis or assessments are provided by or
produced by the Department) in order to--
(A) identify priorities for protective and
support measures regarding terrorist and other
threats to homeland security by the Department,
other agencies of the Federal Government,
State, and local government agencies and
authorities, the private sector, and other
entities; and
(B) prepare finished intelligence and
information products in both classified and
unclassified formats, as appropriate, whenever
reasonably expected to be of benefit to a
State, local, or tribal government (including a
State, local, or tribal law enforcement agency)
or a private sector entity.
(4) To ensure, pursuant to section 202, the timely
and efficient access by the Department to all
information necessary to discharge the responsibilities
under this section, including obtaining such
information from other agencies of the Federal
Government.
(5) To review, analyze, and make recommendations for
improvements to the policies and procedures governing
the sharing of information within the scope of the
information sharing environment established under
section 1016 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 485), including
homeland security information, terrorism information,
and weapons of mass destruction information, and any
policies, guidelines, procedures, instructions, or
standards established under that section.
(6) To disseminate, as appropriate, information
analyzed by the Department within the Department, to
other agencies of the Federal Government with
responsibilities relating to homeland security, and to
agencies of State and local governments and private
sector entities with such responsibilities in order to
assist in the deterrence, prevention, preemption of, or
response to, terrorist attacks against the United
States.
(7) To consult with the Director of National
Intelligence and other appropriate intelligence, law
enforcement, or other elements of the Federal
Government to establish collection priorities and
strategies for information, including law enforcement-
related information, relating to threats of terrorism
against the United States through such means as the
representation of the Department in discussions
regarding requirements and priorities in the collection
of such information.
(8) To consult with State and local governments and
private sector entities to ensure appropriate exchanges
of information, including law enforcement-related
information, relating to threats of terrorism against
the United States.
(9) To ensure that--
(A) any material received pursuant to this
Act is protected from unauthorized disclosure
and handled and used only for the performance
of official duties; [and]
(B) any intelligence information under this
Act is shared, retained, and disseminated
consistent with the authority of the Director
of National Intelligence to protect
intelligence sources and methods under the
National Security Act of 1947 (50 U.S.C. 401 et
seq.) and related procedures and, as
appropriate, similar authorities of the
Attorney General concerning sensitive law
enforcement information[.]; and
(C) any intelligence information under this
Act is shared, retained, and disseminated
consistent with the protection of privacy
rights, civil rights, and civil liberties, as
determined, respectively, by the Chief Privacy
Officer and the Officer for Civil Rights and
Civil Liberties.
(10) To request additional information from other
agencies of the Federal Government, State and local
government agencies, and the private sector relating to
threats of terrorism in the United States, or relating
to other areas of responsibility assigned by the
Secretary, including the entry into cooperative
agreements through the Secretary to obtain such
information.
(11) To establish and utilize, in conjunction with
the chief information officer of the Department, a
secure communications and information technology
infrastructure, including data-mining and other
advanced analytical tools, in order to access, receive,
and analyze data and information in furtherance of the
responsibilities under this section, and to disseminate
information acquired and analyzed by the Department, as
appropriate.
(12) To ensure, in conjunction with the chief
information officer of the Department, that any
information databases and analytical tools developed or
utilized by the Department--
(A) are compatible with one another and with
relevant information databases of other
agencies of the Federal Government; and
(B) treat information in such databases in a
manner that complies with applicable Federal
law on privacy.
(13) To coordinate training and other support to the
elements and personnel of the Department, other
agencies of the Federal Government, and State and local
governments that provide information to the Department,
or are consumers of information provided by the
Department, in order to facilitate the identification
and sharing of information revealed in their ordinary
duties and the optimal utilization of information
received from the Department.
(14) To coordinate with elements of the intelligence
community and with Federal, State, and local law
enforcement agencies, and the private sector, as
appropriate.
(15) To provide intelligence and information analysis
and support to other elements of the Department.
(16) To coordinate and enhance integration among the
intelligence components of the Department, including
through strategic oversight of the intelligence
activities of such components.
(17) To establish the intelligence collection,
processing, analysis, and dissemination priorities,
policies, processes, standards, guidelines, and
procedures for the intelligence components of the
Department, consistent with any directions from the
President and, as applicable, the Director of National
Intelligence.
(18) To establish a structure and process to support
the missions and goals of the intelligence components
of the Department.
(19) To ensure that, whenever possible, the
Department--
(A) produces and disseminates unclassified
reports and analytic products based on open-
source information; and
(B) produces and disseminates such reports
and analytic products contemporaneously with
reports or analytic products concerning the
same or similar information that the Department
produced and disseminated in a classified
format.
(20) To establish within the Office of Intelligence
and Analysis an internal continuity of operations plan.
(21) Based on intelligence priorities set by the
President, and guidance from the Secretary and, as
appropriate, the Director of National Intelligence--
(A) to provide to the heads of each
intelligence component of the Department
guidance for developing the budget pertaining
to the activities of such component; and
(B) to present to the Secretary a
recommendation for a consolidated budget for
the intelligence components of the Department,
together with any comments from the heads of
such components.
(22) To perform such other duties relating to such
responsibilities as the Secretary may provide.
(23)(A) Not later than six months after the date of
the enactment of this paragraph, to conduct an
intelligence-based review and comparison of the risks
and consequences of EMP and GMD facing critical
infrastructure, and submit to 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--
(i) a recommended strategy to protect
and prepare the critical infrastructure
of the homeland against threats of EMP
and GMD; and
(ii) not less frequently than every
two years thereafter for the next six
years, updates of the recommended
strategy.
(B) The recommended strategy under
subparagraph (A) shall--
(i) be based on findings of the
research and development conducted
under section 320;
(ii) be developed in consultation
with the relevant Federal sector-
specific agencies (as defined under
Presidential Policy Directive-21) for
critical infrastructure;
(iii) be developed in consultation
with the relevant sector coordinating
councils for critical infrastructure;
(iv) be informed, to the extent
practicable, by the findings of the
intelligence-based review and
comparison of the risks and
consequences of EMP and GMD facing
critical infrastructure conducted under
subparagraph (A); and
(v) be submitted in unclassified
form, but may include a classified
annex.
(C) The Secretary may, if appropriate,
incorporate the recommended strategy into a
broader recommendation developed by the
Department to help protect and prepare critical
infrastructure from terrorism, cyber attacks,
and other threats if, as incorporated, the
recommended strategy complies with subparagraph
(B).
(e) Staff.--
(1) In general.--The Secretary shall provide the
Office of Intelligence and Analysis with a staff of
analysts having appropriate expertise and experience to
assist such offices in discharging responsibilities
under this section.
(2) Private sector analysts.--Analysts under this
subsection may include analysts from the private
sector.
(3) Security clearances.--Analysts under this
subsection shall possess security clearances
appropriate for their work under this section.
(f) Detail of Personnel.--
(1) In general.--In order to assist the Office of
Intelligence and Analysis in discharging
responsibilities under this section, personnel of the
agencies referred to in paragraph (2) may be detailed
to the Department for the performance of analytic
functions and related duties.
(2) Covered agencies.--The agencies referred to in
this paragraph are as follows:
(A) The Department of State.
(B) The Central Intelligence Agency.
(C) The Federal Bureau of Investigation.
(D) The National Security Agency.
(E) The National Geospatial-Intelligence
Agency.
(F) The Defense Intelligence Agency.
(G) Any other agency of the Federal
Government that the President considers
appropriate.
(3) Cooperative agreements.--The Secretary and the
head of the agency concerned may enter into cooperative
agreements for the purpose of detailing personnel under
this subsection.
(4) Basis.--The detail of personnel under this
subsection may be on a reimbursable or non-reimbursable
basis.
(g) Functions Transferred.--In accordance with title XV,
there shall be transferred to the Secretary, for assignment to
the Office of Intelligence and Analysis and the Office of
Infrastructure Protection under this section, the functions,
personnel, assets, and liabilities of the following:
(1) The National Infrastructure Protection Center of
the Federal Bureau of Investigation (other than the
Computer Investigations and Operations Section),
including the functions of the Attorney General
relating thereto.
(2) The National Communications System of the
Department of Defense, including the functions of the
Secretary of Defense relating thereto.
(3) The Critical Infrastructure Assurance Office of
the Department of Commerce, including the functions of
the Secretary of Commerce relating thereto.
(4) The National Infrastructure Simulation and
Analysis Center of the Department of Energy and the
energy security and assurance program and activities of
the Department, including the functions of the
Secretary of Energy relating thereto.
(5) The Federal Computer Incident Response Center of
the General Services Administration, including the
functions of the Administrator of General Services
relating thereto.
* * * * * * *
Subtitle B--Information Security
* * * * * * *
SEC. 222. PRIVACY OFFICER.
(a) Appointment and Responsibilities.--The Secretary shall
appoint a senior official in the Department, who shall report
directly to the Secretary, to assume primary responsibility for
privacy policy, including--
(1) assuring that the use of technologies sustain,
and do not erode, privacy protections relating to the
use, collection, and disclosure of personal
information;
(2) assuring that personal information contained in
Privacy Act systems of records is handled in full
compliance with fair information practices as set out
in the Privacy Act of 1974;
(3) evaluating legislative and regulatory proposals
involving collection, use, and disclosure of personal
information by the Federal Government;
(4) conducting a privacy impact assessment of
proposed rules of the Department or that of the
Department on the privacy of personal information,
including the type of personal information collected
and the number of people affected;
(5) coordinating with the Officer for Civil Rights
and Civil Liberties to ensure that--
(A) programs, policies, and procedures
involving civil rights, civil liberties, and
privacy considerations are addressed in an
integrated and comprehensive manner; and
(B) Congress receives appropriate reports on
such programs, policies, and procedures; [and]
(6) preparing a report to Congress on an annual basis
on activities of the Department that affect privacy,
including complaints of privacy violations,
implementation of the Privacy Act of 1974, internal
controls, and other matters[.]; and
(7) coordinating with the Under Secretary for
Intelligence and Analysis to--
(A) ensure that any intelligence information
under this Act is shared, retained, and
disseminated in a manner consistent with the
protection of the privacy rights; and
(B) provide training to intelligence
personnel on privacy rights, regulations, and
information practices as specified in section
552a of title 5, United States Code (commonly
referred to as the ``Privacy Act of 1974'') and
other relevant laws, with a focus on personnel
who have authority to disseminate information
analyzed by the Department pursuant to
paragraph (6) of section 201(d) or the
responsibility to review information to be
disseminated pursuant to such paragraph.
(b) Authority To Investigate.--
(1) In general.--The senior official appointed under
subsection (a) may--
(A) have access to all records, reports,
audits, reviews, documents, papers,
recommendations, and other materials available
to the Department that relate to programs and
operations with respect to the responsibilities
of the senior official under this section;
(B) make such investigations and reports
relating to the administration of the programs
and operations of the Department as are, in the
senior official's judgment, necessary or
desirable;
(C) subject to the approval of the Secretary,
require by subpoena the production, by any
person other than a Federal agency, of all
information, documents, reports, answers,
records, accounts, papers, and other data and
documentary evidence necessary to performance
of the responsibilities of the senior official
under this section; and
(D) administer to or take from any person an
oath, affirmation, or affidavit, whenever
necessary to performance of the
responsibilities of the senior official under
this section.
(2) Enforcement of subpoenas.--Any subpoena issued
under paragraph (1)(C) shall, in the case of contumacy
or refusal to obey, be enforceable by order of any
appropriate United States district court.
(3) Effect of oaths.--Any oath, affirmation, or
affidavit administered or taken under paragraph (1)(D)
by or before an employee of the Privacy Office
designated for that purpose by the senior official
appointed under subsection (a) shall have the same
force and effect as if administered or taken by or
before an officer having a seal of office.
(c) Supervision and Coordination.--
(1) In general.--The senior official appointed under
subsection (a) shall--
(A) report to, and be under the general
supervision of, the Secretary; and
(B) coordinate activities with the Inspector
General of the Department in order to avoid
duplication of effort.
(2) Coordination with the inspector general.--
(A) In general.--Except as provided in
subparagraph (B), the senior official appointed
under subsection (a) may investigate any matter
relating to possible violations or abuse
concerning the administration of any program or
operation of the Department relevant to the
purposes under this section.
(B) Coordination.--
(i) Referral.--Before initiating any
investigation described under
subparagraph (A), the senior official
shall refer the matter and all related
complaints, allegations, and
information to the Inspector General of
the Department.
(ii) Determinations and notifications
by the inspector general.--
(I) In general.--Not later
than 30 days after the receipt
of a matter referred under
clause (i), the Inspector
General shall--
(aa) make a
determination regarding
whether the Inspector
General intends to
initiate an audit or
investigation of the
matter referred under
clause (i); and
(bb) notify the
senior official of that
determination.
(II) Investigation not
initiated.--If the Inspector
General notifies the senior
official under subclause
(I)(bb) that the Inspector
General intended to initiate an
audit or investigation, but
does not initiate that audit or
investigation within 90 days
after providing that
notification, the Inspector
General shall further notify
the senior official that an
audit or investigation was not
initiated. The further
notification under this
subclause shall be made not
later than 3 days after the end
of that 90-day period.
(iii) Investigation by senior
official.--The senior official may
investigate a matter referred under
clause (i) if--
(I) the Inspector General
notifies the senior official
under clause (ii)(I)(bb) that
the Inspector General does not
intend to initiate an audit or
investigation relating to that
matter; or
(II) the Inspector General
provides a further notification
under clause (ii)(II) relating
to that matter.
(iv) Privacy training.--Any employee
of the Office of Inspector General who
audits or investigates any matter
referred under clause (i) shall be
required to receive adequate training
on privacy laws, rules, and
regulations, to be provided by an
entity approved by the Inspector
General in consultation with the senior
official appointed under subsection
(a).
(d) Notification to Congress on Removal.--If the Secretary
removes the senior official appointed under subsection (a) or
transfers that senior official to another position or location
within the Department, the Secretary shall--
(1) promptly submit a written notification of the
removal or transfer to Houses of Congress; and
(2) include in any such notification the reasons for
the removal or transfer.
(e) Reports by Senior Official to Congress.--The senior
official appointed under subsection (a) shall--
(1) submit reports directly to the Congress regarding
performance of the responsibilities of the senior
official under this section, without any prior comment
or amendment by the Secretary, Deputy Secretary, or any
other officer or employee of the Department or the
Office of Management and Budget; and
(2) inform the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives not
later than--
(A) 30 days after the Secretary disapproves
the senior official's request for a subpoena
under subsection (b)(1)(C) or the Secretary
substantively modifies the requested subpoena;
or
(B) 45 days after the senior official's
request for a subpoena under subsection
(b)(1)(C), if that subpoena has not either been
approved or disapproved by the Secretary.
* * * * * * *
TITLE VII--MANAGEMENT
* * * * * * *
SEC. 705. ESTABLISHMENT OF OFFICER FOR CIVIL RIGHTS AND CIVIL
LIBERTIES.
(a) In General.--The Officer for Civil Rights and Civil
Liberties, who shall report directly to the Secretary, shall--
(1) review and assess information concerning abuses
of civil rights, civil liberties, and profiling on the
basis of race, ethnicity, or religion, by employees and
officials of the Department;
(2) make public through the Internet, radio,
television, or newspaper advertisements information on
the responsibilities and functions of, and how to
contact, the Officer;
(3) assist the Secretary, directorates, and offices
of the Department to develop, implement, and
periodically review Department policies and procedures
to ensure that the protection of civil rights and civil
liberties is appropriately incorporated into Department
programs and activities;
(4) oversee compliance with constitutional,
statutory, regulatory, policy, and other requirements
relating to the civil rights and civil liberties of
individuals affected by the programs and activities of
the Department;
(5) coordinate with the Privacy Officer to ensure
that--
(A) programs, policies, and procedures
involving civil rights, civil liberties, and
privacy considerations are addressed in an
integrated and comprehensive manner; and
(B) Congress receives appropriate reports
regarding such programs, policies, and
procedures; [and]
(6) investigate complaints and information indicating
possible abuses of civil rights or civil liberties,
unless the Inspector General of the Department
determines that any such complaint or information
should be investigated by the Inspector General[.]; and
(7) coordinate with the Under Secretary for
Intelligence and Analysis to--
(A) ensure that any intelligence information
under this Act is shared, retained, and
disseminated in a manner consistent with the
protection of civil rights and civil liberties;
and
(B) provide training to intelligence
personnel on civil rights and civil liberties,
with a focus on personnel who have authority to
disseminate information analyzed by the
Department pursuant to paragraph (6) of section
201(d) or the responsibility to review
information to be disseminated pursuant to such
paragraph.
(b) Report.--The Secretary shall submit to the
President of the Senate, the Speaker of the House of
Representatives, and the appropriate committees and
subcommittees of Congress on an annual basis a report
on the implementation of this section, including the
use of funds appropriated to carry out this section,
and detailing any allegations of abuses described under
subsection (a)(1) and any actions taken by the
Department in response to such allegations.
* * * * * * *
[all]