DHS Intelligence Transparency and Oversight Program Office and Ombuds Act

Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.) is amended by adding at the end the following new section:

The Secretary shall establish within the Department an Intelligence Transparency and Oversight Program Office (in this section referred to as the Office) to carry out the following:

(A) Review and assess information concerning intelligence activities of the Department, including relating to the timeliness, objectivity, and independence from political considerations of such activities.

(B) Facilitate departmental decisions regarding making information publicly available in a manner that enhances public understanding of such activities.

The Office shall be headed by an Ombuds, who shall—

(A) be a senior, career employee;

(B) not hold any other position within the Department;

(C) have a background in—

(i) intelligence;

(ii) civil rights enforcement; and

(iii) addressing matters of intelligence timeliness, objectivity, and politicization;

(D) report directly to the Under Secretary for Intelligence and Analysis; and

(E) report directly to Congress with respect to any urgent concerns.

The Ombuds shall have the following duties:

(1) Serve, in consultation with the Privacy Officer appointed under section 222 and the Officer for Civil Rights and Civil Liberties, as the Department’s principal advisor regarding the following:

(A) Safeguarding objectivity in intelligence activities of the Department.

(B) Ensuring such activities are independent from political considerations.

(2) Remain current and well-informed of issues affecting intelligence activities.

(3) Promote awareness among intelligence components of the Department of the requirement that all intelligence activities of the Department shall be—

(A) conducted in a manner consistent with the protection of privacy rights, civil rights, and civil liberties; and

(B) objective and independent from political considerations.

(4) Provide, without fear of retaliation, confidential forums to hear and help resolve individual and organizational concerns regarding intelligence activities of the Department, including relating to real or perceived occurrences of civil rights or civil liberties abuses, or politicization of analysis, biased reporting, or lack of objectivity in intelligence collection or analysis.

(5) Initiate reviews and make recommendations to the heads of the intelligence components of the Department, as appropriate, related to the matters described in paragraph (4).

(6) Facilitate departmental decisions regarding making information publicly available in a manner that enhances public understanding of the intelligence activities of the Department, while continuing to protect information when disclosure of such information would harm homeland security.

(7) Ensure that the functions performed by the Ombuds are complementary to existing functions within the Department.

The heads of the intelligence components of the Department shall each establish procedures to provide formal responses to recommendations submitted to such officials by the Ombuds pursuant to subsection (b)(5) within 60 days of receiving such recommendations.

The Secretary shall establish procedures to provide the Ombuds access to all departmental information necessary to execute the responsibilities of the Ombuds under this section. The Ombuds may submit to the Secretary a request for such information, and not later than 60 days after receiving such a request, the Secretary shall provide the Ombuds with such information.

Not later than one year after the enactment of this Act and annually thereafter, the Ombuds shall submit to the Committee on Homeland Security and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate a report on its activities, findings, and recommendations of the Ombuds over the immediately preceding 12-month period.

In this section the term intelligence activity means the collection, gathering, processing, analysis, production, or dissemination of information, including homeland security information, terrorism information, and weapons of mass destruction information.

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 713 the following new item: