Strengthening Oversight of DHS Intelligence Act
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Rescom. Hernández, Pablo [D-PR-At Large]
ID: H001103
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Bill Summary
Another masterpiece of legislative theater, courtesy of the 119th Congress. Let's dissect this farce, shall we?
**Main Purpose & Objectives:** The "Strengthening Oversight of DHS Intelligence Act" (HR 2261) claims to enhance oversight of certain intelligence matters within the Department of Homeland Security (DHS). How quaint. The real purpose is to create a veneer of accountability while allowing the intelligence apparatus to continue its unchecked growth.
**Key Provisions & Changes to Existing Law:** The bill amends the Homeland Security Act of 2002 by adding new language that supposedly ensures the protection of privacy rights, civil rights, and civil liberties. Oh, how noble. In reality, these changes are nothing more than a fig leaf covering the continued erosion of individual freedoms.
* The bill creates new requirements for sharing, retaining, and disseminating intelligence information, which will inevitably lead to more bureaucratic red tape and less actual oversight. * It mandates training for intelligence personnel on privacy rights and civil liberties, because clearly, these individuals were not aware of their duties before. How reassuring. * The Under Secretary for Intelligence and Analysis is now tasked with coordinating efforts to protect civil rights and liberties. Because that's exactly what we need – another layer of bureaucratic oversight.
**Affected Parties & Stakeholders:** The usual suspects: * DHS: Will continue to expand its intelligence apparatus, now with a shiny new coat of "oversight." * Intelligence personnel: Will receive more training on how to pretend to care about civil liberties. * Civil rights and liberties advocates: Will be placated by the appearance of reform while actual protections are watered down.
**Potential Impact & Implications:** This bill is a Band-Aid on a bullet wound. It will: * Further entrench the surveillance state, allowing DHS to continue collecting and disseminating intelligence with minimal oversight. * Create more bureaucratic hurdles for those seeking transparency and accountability. * Provide a false sense of security for citizens, who will believe that their rights are being protected when, in reality, they are not.
In conclusion, HR 2261 is a masterclass in legislative doublespeak. It's a bill designed to look good on paper while doing nothing to address the actual problems with DHS intelligence gathering. Bravo, Congress. You've managed to create another meaningless piece of legislation that will only serve to further erode our civil liberties.
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Project 2025 Policy Matches
This bill shows semantic similarity to the following sections of the Project 2025 policy document. Higher similarity scores indicate stronger thematic connections.
Introduction
— 222 — Mandate for Leadership: The Conservative Promise forward-leaning in sharing cyber threat intelligence with private-sector partners and the public, emphasizing that the protective nature of such information is of value only if put into the right hands at the right time. Since critical infrastructure and services are overwhelmingly owned, managed, and defended by the private sector in the United States, there has been an increasing emphasis on declassify- ing intelligence and sharing actionable information with private-sector partners, often through industry-specific Information Sharing and Analysis Centers (ISACs); regional meetings of government and private-sector experts called InfraGard, run by the FBI; direct public notification from the Department of Homeland Security, the FBI, and (increasingly) the NSA; and more discreet one-on-one engagements led by the collecting agencies. These programs properly recognize the private sector’s role in providing cyber- security for Americans; in practice, however, the intelligence shared by the U.S. government through these venues is too often already known or no longer relevant by the time it makes its way through the downgrade process for sharing. In addition, government-shared information often needs to take advantage of the opportunity to provide contexts, such as attribution, trends, and size of the observed cyber problem. As warranted, additional context should be provided to the private sector as a matter of routine. To continue improving the U.S. government’s ability to defend the country’s most vital networks, the IC must adopt an “obligation to share” policy process, including the capacity for “write to release” intelligence products whereby newly discovered technical indicators, targeting, and other intelligence relevant to cyber defense are automatically provided either to the public or to targeted entities within 48 hours of their collection—which is how counterterrorism intel- ligence has been managed for years when it comes to a “duty to warn.” Under this policy, agency heads should still have the flexibility to withhold intelligence for operational or counterintelligence reasons but would need to report regularly to Congress on the number of and justification for exceptions. This policy would make sharing intelligence and defending networks the default, as it already is in the rest of the cybersecurity community outside the IC, to improve the quantity, relevance, and timeliness of defensive information while ensuring accountability for top leaders when they must withhold this information. One of the most significant challenges within the IC is presented by the need to share information promptly among the 18 elements of the intelligence enterprise. The only long-term solution to the understandable tension between the need to share information and the need to protect intelligence sources and methods is a robust real-time auditing capability that electronically flags unauthorized access. Under an identity management system with real-time audit, even the most sensi- tive information acquired by America’s intelligence agencies can be shared, and the access to and use of that information are appropriately monitored. Establishing — 223 — Intelligence Community a real-time auditing capability is essential to decreasing the risk for the heads of intelligence agencies in meeting their statutory requirements to ensure that they protect sources and methods associated with the classified information their agen- cies collect. Overclassification. There is broad consensus across the U.S. government and among stakeholders that the system for classifying, declassifying, and otherwise marking and handling sensitive information is at a crossroads. Exorbitant amounts of classified data are created daily, and agency personnel often mistakenly choose classification as the default selection to ensure national security. At the same time, the effectiveness of downgraded and carefully declassified information to support foreign policy efforts has been borne out in, for example, alerting the broader world of Russia’s buildup and likely plans for its invasion of Ukraine. Two executive orders principally govern how the U.S. government handles clas- sified and sensitive information. l Executive Order 13526, “Classified National Security Information,” issued in 2009,38 prescribes the classification levels and procedures for declassification. l Executive Order 13556, “Controlled Unclassified Information,” issued in 2010,39 aimed to establish a uniform program for managing all unclassified information that requires safeguarding or dissemination controls. The current system for declassifying classified national security information (CNSI) is extraordinarily analog, requiring experts’ review of individual records. Declassification policies are based on human review of paper and need to con- template and handle the proliferation and volume of digital records created by agencies. The U.S. government will soon reach the point at which manual review is impossible. The declassification of CNSI should support key U.S. national security objectives, reflect mission priorities, and not serve solely as a necessary procedural function. Reforms should include: l Tighter definitions and greater specificity for categories of information requiring protection. l More stringent policies to effect significant reductions in the number of Original Classification Authorities (OCAs). l Stricter accountability measures at the OCA level and more detailed security classification guides.
Introduction
— 218 — Mandate for Leadership: The Conservative Promise NATIONAL COUNTERINTELLIGENCE AND SECURITY CENTER (NCSC) The Senate Select Committee on Intelligence (SSCI) has taken a keen inter- est in possibly updating the codified language underpinning much of the nation’s counterintelligence apparatus. “Spy vs. spy” threats continue to exist, but the rise of China and (to an extent) Russia’s machinations move beyond the governmental sphere to technological, economic, supply chain, cyber, academic, state, and local espionage threats at a level our country has never seen. The asymmetric threat includes cyber, nontraditional collection, and issues involving legitimate busi- nesses serving as collection platforms. Barring statutory changes that could occur before 2025, a future conserva- tive President should further empower and resource the IC by executive order or through suggested changes in the Counterintelligence Enhancement Act (CEA) of 2002.32 NCSC was given some authority for outreach efforts on behalf of the IC for counterintelligence education, insider threats, and broader U.S. government best practices, but there remain significant deltas between Title 50 and non–Title 50 entities’ protections. Primary operational elements should remain at the FBI and CIA, with the Bureau and NCSC collaborating on nongovernmental outreach. While there is no need to create a separate agency, a future President and DNI should amplify NCSC’s authorities and roles with respect to counterintelligence strategy, policy, outreach, and governance, including supporting necessary Joint Duty Assignments (JDA) for FBI and CIA personnel. At the same time, the FBI requires significant additional resources and legal authorities to fulfill its statu- tory role as the lead operational counterintelligence agency in dealing with the ever-growing threats posed by our adversaries. The CEA should be updated to include foreign espionage efforts aimed at universities. Corporate America, technology companies, research institutions, and academia must be willing, educated partners in this generational fight to protect our national security interests, economic interests, national sovereignty, and intellectual prop- erty as well as the broader rules-based order—all while avoiding the tendency to cave to the left-wing activists and investors who ignore the China threat and increasingly dominate the corporate world. Reinstitution of the National Security Higher Education Advisory Board and the National Security Business Alliance Council should be prioritized with leadership from the NCSC, the FBI, or a com- bination of both entities. When the CCP steals at least $400 billion–$600 billion in intellectual prop- erty each year, it is time to devote some strategic thinking to exactly how and to what degree counterintelligence efforts can help to protect America’s commercial endeavors. If Chinese strategic technology gains are happening almost entirely in transnational commercial space, for example, and the private sector is also gath- ering and analyzing some critical intelligence, these essential data points should assist in national-level counterintelligence efforts.
Introduction
— 218 — Mandate for Leadership: The Conservative Promise NATIONAL COUNTERINTELLIGENCE AND SECURITY CENTER (NCSC) The Senate Select Committee on Intelligence (SSCI) has taken a keen inter- est in possibly updating the codified language underpinning much of the nation’s counterintelligence apparatus. “Spy vs. spy” threats continue to exist, but the rise of China and (to an extent) Russia’s machinations move beyond the governmental sphere to technological, economic, supply chain, cyber, academic, state, and local espionage threats at a level our country has never seen. The asymmetric threat includes cyber, nontraditional collection, and issues involving legitimate busi- nesses serving as collection platforms. Barring statutory changes that could occur before 2025, a future conserva- tive President should further empower and resource the IC by executive order or through suggested changes in the Counterintelligence Enhancement Act (CEA) of 2002.32 NCSC was given some authority for outreach efforts on behalf of the IC for counterintelligence education, insider threats, and broader U.S. government best practices, but there remain significant deltas between Title 50 and non–Title 50 entities’ protections. Primary operational elements should remain at the FBI and CIA, with the Bureau and NCSC collaborating on nongovernmental outreach. While there is no need to create a separate agency, a future President and DNI should amplify NCSC’s authorities and roles with respect to counterintelligence strategy, policy, outreach, and governance, including supporting necessary Joint Duty Assignments (JDA) for FBI and CIA personnel. At the same time, the FBI requires significant additional resources and legal authorities to fulfill its statu- tory role as the lead operational counterintelligence agency in dealing with the ever-growing threats posed by our adversaries. The CEA should be updated to include foreign espionage efforts aimed at universities. Corporate America, technology companies, research institutions, and academia must be willing, educated partners in this generational fight to protect our national security interests, economic interests, national sovereignty, and intellectual prop- erty as well as the broader rules-based order—all while avoiding the tendency to cave to the left-wing activists and investors who ignore the China threat and increasingly dominate the corporate world. Reinstitution of the National Security Higher Education Advisory Board and the National Security Business Alliance Council should be prioritized with leadership from the NCSC, the FBI, or a com- bination of both entities. When the CCP steals at least $400 billion–$600 billion in intellectual prop- erty each year, it is time to devote some strategic thinking to exactly how and to what degree counterintelligence efforts can help to protect America’s commercial endeavors. If Chinese strategic technology gains are happening almost entirely in transnational commercial space, for example, and the private sector is also gath- ering and analyzing some critical intelligence, these essential data points should assist in national-level counterintelligence efforts. — 219 — Intelligence Community The NCSC was created in the aftermath of 9/11 as the Terrorist Threat Integra- tion Center (TTIC), which later became the National Counterterrorism Center (NCTC) pursuant to President George W. Bush’s Executive Order 13354.33 The NCTC was an organization of approximately three dozen detainees from across the U.S. government with a mandate to integrate counterterrorism intelligence and missions, including terrorist screening. Eventually: In November 2014 the Director of National Intelligence (DNI) established NCSC by combining [the Office of the National Counterintelligence Executive] with the Center for Security Evaluation, the Special Security Center and the National Insider Threat Task Force, to effectively integrate and align counterintelligence and security mission areas under a single organizational construct. The Director of NCSC serves in support of the DNI’s role as Security Executive Agent (SecEA) to develop, implement, oversee and integrate personnel security initiatives throughout the U.S. Government.34 NCSC has added value in such areas as fusing cross-community intelligence for terrorism watchlisting purposes and improving information sharing while carrying roughly half of the overall cadre for the ODNI. An incoming Administration should focus NCTC on integrative tasks, many of which cannot be carried out elsewhere in the IC, but should not use personnel and resources for redundant analyses that duplicate the work of such other IC entities as the FBI and CIA. ADDITIONAL AREAS FOR REFORM Analytical Integrity. The “tradecraft” of intelligence analysis is mostly a col- lection of lessons learned over decades about what works and does not work in a profession whose high-stakes work is performed by thousands but that also bears little outside scrutiny and provides few metrics by which to gauge success or failure on a regular basis. These lessons have accumulated from: l The perceived misuse of intelligence by consumers as was the case with respect to war-related assessments in the Johnson and Bush Administrations; l Failures such as the failures to warn of the collapse of the Soviet Union and the specific threat of 9/11; l Successes in piecing together tactical and often technical puzzles such as estimates of Iranian nuclear program maturation; and l Strategic victories such as anticipating critical geopolitical developments that have been years in the making.
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About These Correlations
Policy matches are calculated using semantic similarity between bill summaries and Project 2025 policy text. A score of 60% or higher indicates meaningful thematic overlap. This does not imply direct causation or intent, but highlights areas where legislation aligns with Project 2025 policy objectives.