IIB 

118TH CONGRESS 

2D SESSION H. R. 8664 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 19 (legislative day, DECEMBER 16), 2024 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

AN ACT 

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. 


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HR 8664 RFS

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘DHS Intelligence and 

5 Analysis Oversight and Transparency Act’’. 

6 SEC. 2. ANNUAL AUDIT OF DHS OFFICE OF INTELLIGENCE 

7 AND ANALYSIS INFORMATION SYSTEMS AND 

8 BULK DATA. 

9 (a) IN GENERAL.—Subtitle A of title II of the Home10 land Security Act of 2002 (6 U.S.C. 121 et seq.) is amend11 ed by adding at the end the following: 

12 ‘‘SEC. 210H. ANNUAL AUDIT OF INFORMATION SYSTEMS 

13 AND BULK DATA. 

14 ‘‘(a) DEFINITIONS.—In this section: 

15 ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT16 TEES.—The term ‘appropriate congressional com17 mittees’ means the Committee on Homeland Secu18 rity and Governmental Affairs and the Select Com19 mittee on Intelligence of the Senate and the Com20 mittee on Homeland Security and the Permanent 

21 Select Committee on Intelligence of the House of 

22 Representatives. 

23 ‘‘(2) BULK DATA.—The term ‘bulk data’ means 

24 large quantities of data acquired without the use of 

25 discriminants, a significant portion of which are not 


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HR 8664 RFS

1 reasonably likely to have intelligence or operational 

2 value. 

3 ‘‘(3) DISCRIMINANTS.—The term 

4 ‘discriminants’ means identifiers and selection terms. 

5 ‘‘(b) ANNUAL AUDITS.—Not later than 180 days 

6 after the date of the enactment of this section and annu7 ally thereafter, the Under Secretary for Intelligence and 

8 Analysis of the Department shall conduct an audit of the 

9 information systems and bulk data of the Office of Intel10 ligence and Analysis, which shall be consistent with the 

11 intelligence oversight guidelines of the Office. 

12 ‘‘(c) NOTIFICATIONS.—The Under Secretary for In13 telligence and Analysis of the Department shall provide 

14 the appropriate congressional committees with— 

15 ‘‘(1) a notification not later than 30 days after 

16 the first analysis or other intelligence use by the Of17 fice of Intelligence and Analysis after the date of the 

18 enactment of this section of any new bulk data set 

19 and the associated terms and conditions; and 

20 ‘‘(2) an update not later than 30 days after any 

21 changes to such associated terms and conditions re22 lated to the use of such a bulk data set. 

23 ‘‘(d) REPORTS AND REVIEW.— 

24 ‘‘(1) REPORTS TO CONGRESS.—Not later than 

25 30 days after the conclusion of each audit under 


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HR 8664 RFS

1 subsection (b), the Under Secretary for Intelligence 

2 and Analysis of the Department shall submit to the 

3 appropriate congressional committees the findings 

4 and results of such audit. 

5 ‘‘(2) GAO REVIEW.—Not later than 4 years 

6 after the date of the enactment of this section, the 

7 Comptroller General of the United States shall pro8 vide the appropriate congressional committees a re9 view of the implementation of the annual audit re10 quirement under subsection (b), challenges to the 

11 implementation of such requirement, and rec12 ommendations for improving such audits.’’. 

13 (b) CLERICAL AMENDMENT.—The table of contents 

14 in section 1(b) of the Homeland Security Act of 2002 

15 (Public Law 107–296; 116 Stat. 2135) is amended by in16 serting after the item relating to section 210G the fol17 lowing: 

‘‘Sec. 210H.Annual audit of information systems and bulk data.’’. 

Passed the House of Representatives December 18, 

2024. 

Attest: KEVIN F. MCCUMBER, 

Clerk. 


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