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H.R. 2589: Unifying DHS Intelligence Enterprise Act


The text of the bill below is as of Sep 26, 2019 (Passed the House).


I

116th CONGRESS

1st Session

H. R. 2589

IN THE HOUSE OF REPRESENTATIVES

AN ACT

To amend the Homeland Security Act of 2002 to establish a homeland intelligence doctrine for the Department of Homeland Security, and for other purposes.

1.

Short title

This Act may be cited as the Unifying DHS Intelligence Enterprise Act.

2.

Homeland intelligence doctrine

(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 new section:

210H.

Homeland intelligence doctrine

(a)

In general

Not later than 180 days after the date of the enactment of this section, the Secretary, acting through the Chief Intelligence Officer of the Department, in coordination with intelligence components of the Department, the Office of the General Counsel, the Privacy Office, and the Office for Civil Rights and Civil Liberties, shall develop and disseminate written Department-wide guidance for the processing, analysis, production, and dissemination of homeland security information (as such term is defined in section 892) and terrorism information (as such term is defined in section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485)).

(b)

Contents

The guidance required under subsection (a) shall, at a minimum, include the following:

(1)

A description of guiding principles and purposes of the Department’s intelligence enterprise.

(2)

A summary of the roles, responsibilities, and programs of each intelligence component of the Department in the processing, analysis, production, or dissemination of homeland security information and terrorism information, including relevant authorities and restrictions applicable to each such intelligence component.

(3)

Guidance for the processing, analysis, and production of such information.

(4)

Guidance for the dissemination of such information, including within the Department, among and between Federal departments and agencies, among and between State, local, Tribal, and territorial governments, including law enforcement, and with foreign partners and the private sector, consistent with the protection of privacy, civil rights, and civil liberties.

(5)

A description of how the dissemination to the intelligence community (as such term is defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))) and Federal law enforcement of such information assists such entities in carrying out their respective missions.

(c)

Form

The guidance required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.

(d)

Annual review

For each of the 5 fiscal years beginning with the first fiscal year that begins after the date of the enactment of this section, the Secretary shall conduct a review of the guidance required under subsection (a) and, as appropriate, revise such guidance.

.

(b)

Clerical amendment

The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 210G the following new item:

Sec. 210H. Homeland intelligence doctrine.

.

3.

Comptroller General assessment

(a)

Annual assessment required

Not later than 1 year after the date of the enactment of this Act and again not later than 5 years thereafter, the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate an assessment of the degree to which guidance established pursuant to section 210H of the Homeland Security Act of 2002 (as added by section 2 of this Act) is implemented across the Department of Homeland Security. Such assessment should evaluate the extent to which such guidance is carried out in a manner that protects privacy, civil rights, and civil liberties.

(b)

Elements of assessment

In conducting each assessment under subsection (a), the Comptroller General of the United States shall—

(1)

use standard methodology and reporting formats in order to demonstrate and display any changes over time; and

(2)

include any other subject matter the Comptroller General determines appropriate.

(c)

Access to relevant data

To carry out this section, the Secretary of Homeland Security shall ensure that the Comptroller General of the United States has access to all relevant data.

4.

Analysts for the Chief Intelligence Officer

Paragraph (1) of section 201(e) of the Homeland Security Act of 2002 (6 U.S.C. 121(e)) is amended by adding at the end the following new sentence: The Secretary shall also provide the Chief Intelligence Officer with a staff having appropriate expertise and experience to assist the Chief Intelligence Officer..

Passed the House of Representatives September 26, 2019.

Cheryl L. Johnson,

Clerk.