S. 5319 — Reported in Senate

II Calendar No. 750 118th CONGRESS 2d Session S. 5319 [Report No. 118–330] IN THE SENATE OF THE UNITED STATES November 14, 2024Mr. 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), 2024Reported by Mr. Peters, with an amendmentStrike 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. 1. Short title This Act may be cited as the DHS Intelligence and Analysis Oversight and Transparency Act. 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: 210H. Annual audit of information systems and bulk data (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. (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) 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. . (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. . 1. Short title This Act may be cited as the DHS Intelligence and Analysis Oversight and Transparency Act. 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: 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. . December 19 (legislative day, December 16), 2024Reported with an amendment