H.R. 8664 — what changed

“210H. Annual audit of information systems and bulk data

changed “(a) In general—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.Definitions—In this section:

changed “(b) Report—Not later than 30 days after the conclusion of “(1) Appropriate congressional committees—The term “appropriate congressional committees” means the audit under subsection (a), Committee on Homeland Security and Governmental Affairs and the Under Secretary for Select Committee on Intelligence and Analysis of the Department shall submit to the appropriate congressional committees Senate and the findings Committee on Homeland Security and results the Permanent Select Committee on Intelligence of such audit.the House of Representatives.

changed “(c) Definition—In this section, the “(2) Bulk data—The term “appropriate congressional committees” “bulk data” means the Committee on Homeland Security and the Permanent Select Committee on Intelligence large quantities of data acquired without the House use of Representatives and the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence discriminants, a significant portion of the Senate.”which are not reasonably likely to have intelligence or operational value.

added “(3) Discriminants—The term “discriminants” means identifiers and selection terms.

added “(b) Annual audits—Not later than 180 days after the date of the enactment of this section and annually thereafter, the Under Secretary for Intelligence and Analysis of the Department shall conduct an 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.

added “(c) Notifications—The Under Secretary for Intelligence and Analysis of the Department shall provide the appropriate congressional committees with—

added “(1) a notification not later than 30 days after the first analysis or other intelligence use by the Office of Intelligence and Analysis after the date of the enactment of this section of any new bulk data set and the associated terms and conditions; and

added “(2) an update not later than 30 days after any changes to such associated terms and conditions related to the use of such a bulk data set.

added “(d) Reports and review

added “(1) Reports to Congress—Not later than 30 days after the conclusion of each 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.

added “(2) GAO review—Not later than 4 years after the date of the enactment of this section, the Comptroller General of the United States shall provide the appropriate congressional committees a review of the implementation of the annual audit requirement under subsection (b), challenges to the implementation of such requirement, and recommendations for improving such audits.”