DHS Intelligence and Analysis Oversight and Transparency Act
The DHS Intelligence and Analysis Oversight and Transparency Act would require the Under Secretary for Intelligence and Analysis (IA) at the Department of Homeland Security to perform an annual audit of the Office of Intelligence and Analysis’ information systems and bulk data. The bill defines “bulk data” as large quantities of data collected without discriminants, much of which may have little or no intelligence value, and it defines “discriminants” as identifiers and selection terms. The audit must be conducted within 180 days after enactment and then annually, and it must align with intelligence oversight guidelines. The bill also creates notification and reporting requirements: DHS IA must notify relevant congressional committees within 30 days of first use of any new bulk data set (and the associated terms/conditions) and provide updates within 30 days of any changes to those terms. After each audit, IA must report its findings to Congress within 30 days, and a Government Accountability Office (GAO) review is due within four years to assess implementation and recommendations for improvement.
Key Points
- 1Annual audit mandate: The Under Secretary for Intelligence and Analysis must audit the Office of Intelligence and Analysis’ information systems and bulk data, with initial compliance within 180 days and ongoing annual audits.
- 2Definitions: The bill clarifies what constitutes bulk data and discriminants to frame the scope of the audit (bulk data = large, largely valueless datasets; discriminants = identifiers and selection terms).
- 3Notification requirements: IA must brief appropriate congressional committees within 30 days of first use of any new bulk data set and within 30 days of changes to terms/conditions governing that data.
- 4Reporting timeline: Audit findings must be submitted to Congress within 30 days after each audit; GAO must review the audit program within four years and provide recommendations.
- 5Oversight framework: Audits must be conducted consistent with intelligence oversight guidelines, and the act creates a formal addition (Sec. 210H) to the Homeland Security Act of 2002 to cover this annual audit.