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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5319 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 750
118th CONGRESS
  2d Session
                                S. 5319

                          [Report No. 118-330]

    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.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           November 14, 2024

  Mr. 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), 2024

               Reported by Mr. Peters, with an amendment
 [Strike 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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``DHS Intelligence and 
Analysis Oversight and Transparency Act''.</DELETED>

<DELETED>SEC. 2. ANNUAL AUDIT OF DHS OFFICE OF INTELLIGENCE AND 
              ANALYSIS INFORMATION SYSTEMS AND BULK DATA.</DELETED>

<DELETED>    (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:</DELETED>

<DELETED>``SEC. 210H. ANNUAL AUDIT OF INFORMATION SYSTEMS AND BULK 
              DATA.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``Sec. 210H. Annual audit of information systems and bulk 
                            data.''.

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) 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.''.
                                                       Calendar No. 750

118th CONGRESS

  2d Session

                                S. 5319

                          [Report No. 118-330]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

            December 19 (legislative day, December 16), 2024

                       Reported with an amendment
```