Strengthening Oversight of DHS Intelligence Act
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Would amend the Homeland Security Act of 2002 to require the DHS Chief Privacy Officer and Officer for Civil Rights and Civil Liberties to ensure that department intelligence information is shared, retained, and disseminated consistent with privacy rights, civil rights, and civil liberties — and to provide statutory backing for training of DHS intelligence personnel on those standards.
What this bill would do
What it would do
The bill would amend three sections of the Homeland Security Act of 2002 to strengthen civil-liberties and privacy oversight of DHS intelligence activities. First, it would add an explicit requirement that any intelligence information handled under that Act be shared, retained, and disseminated in a manner consistent with privacy rights, civil rights, and civil liberties, as determined jointly by the DHS Chief Privacy Officer and the Officer for Civil Rights and Civil Liberties. Second, it would assign each of those two officials new coordination duties with the Under Secretary for Intelligence and Analysis, requiring them to oversee privacy- and rights-compliant handling of intelligence data and to deliver training to intelligence personnel on applicable rights, regulations, and information practices — including the Privacy Act of 1974.
Training would focus specifically on personnel authorized to disseminate DHS-analyzed information or responsible for reviewing it before dissemination. The bill gives these requirements a statutory foundation, where previously they may have rested on internal policy alone.
Key provisions
- 1Would require that DHS intelligence information be shared, retained, and disseminated consistent with privacy rights, civil rights, and civil liberties, as determined by the Chief Privacy Officer and Officer for Civil Rights and Civil Liberties.
- 2Would assign the DHS Chief Privacy Officer new duties to coordinate with the Under Secretary for Intelligence and Analysis to ensure privacy-compliant intelligence handling and provide training to intelligence personnel on the Privacy Act of 1974 and related laws.
- 3Would assign the DHS Officer for Civil Rights and Civil Liberties new duties to coordinate with the Under Secretary for Intelligence and Analysis on civil-rights-compliant intelligence handling and civil rights and civil liberties training for intelligence personnel.
Who would be affected
DHS intelligence personnel who disseminate or review analyzed intelligence information would be subject to the new training requirements. The DHS Chief Privacy Officer, the Officer for Civil Rights and Civil Liberties, and the Under Secretary for Intelligence and Analysis would all receive new or clarified statutory coordination responsibilities. Members of the public whose personal information may flow through DHS intelligence channels would benefit from the strengthened privacy protections.
Why it matters
If enacted, oversight officers would gain explicit statutory authority — rather than relying on departmental policy — to enforce privacy, civil rights, and civil liberties standards in how DHS intelligence is handled and shared. Intelligence personnel would be legally required to receive relevant training, which could reduce the risk of improper disclosure or retention of information about individuals.
What would change
Changes to existing law
Amends Homeland Security Act of 2002, section 201(d)(9) (Sec. 2(1))
Adds a requirement that DHS intelligence information be shared, retained, and disseminated consistent with privacy rights, civil rights, and civil liberties.
Amends Homeland Security Act of 2002, section 222(a) (Sec. 2(2))
Adds new coordination and training duties for the DHS Chief Privacy Officer regarding privacy-compliant handling and dissemination of intelligence information.
Amends Homeland Security Act of 2002, section 705(a) (Sec. 2(3))
Adds new coordination and training duties for the DHS Officer for Civil Rights and Civil Liberties regarding rights-compliant intelligence handling and dissemination.
Agencies directed to act
Funding and costs
Congressional Budget Office estimate
CBO estimates that implementing H.R. 2261 would cost less than $500,000 over the 2026–2030 period, with no effect on direct spending, revenues, or the deficit.
H.R. 2261 would require the Department of Homeland Security (DHS) to provide civil rights and liberties training to intelligence personnel and ensure that intelligence information collected by the Office of Intelligence and Analysis is shared and stored in accordance with federal law. Because DHS indicates it already meets these requirements, CBO estimates implementation costs would be less than $500,000 over the 2026–2030 period; that spending would be subject to the availability of appropriated funds (i.e., Congress would need to provide the money annually). The bill would have no effect on direct (mandatory) spending or revenues, would not increase the deficit in any future 10-year period, and contains no intergovernmental or private-sector mandates.
How implementation would work
The bill works by amending three existing sections of the Homeland Security Act of 2002. The Chief Privacy Officer and the Officer for Civil Rights and Civil Liberties would each be required to coordinate with the Under Secretary for Intelligence and Analysis on two fronts: ensuring rights-compliant intelligence handling and delivering training programs to relevant personnel. Training must draw on the Privacy Act of 1974 and other applicable laws and must prioritize personnel with dissemination authority or review responsibility. No new agency or separate rulemaking process is established; compliance falls to existing DHS officials acting within their current structural roles.
Legislative status & sources
Latest action
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Official CRS summary
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This bill increases privacy protections associated with Department of Homeland Security (DHS) intelligence information.
Specifically, the bill requires designated DHS officials to ensure that certain intelligence information is shared, stored, and disseminated in a manner consistent with the protection of civil rights, civil liberties, and privacy rights.
The bill also provides statutory authority for requirements for DHS to train intelligence personnel on civil rights, civil liberties, privacy rights, and privacy-related regulations and information practices. Such training must focus on those who disseminate information analyzed by DHS or who review such information for dissemination.
Legislative subjects
Armed Forces and National Security; Employment and training programs; Government employee pay, benefits, personnel management; Intelligence activities, surveillance, classified information; Right of privacy
Committee report
H. Rept. 119-375