Bill Summary
The "DHS Intelligence Transparency and Oversight Program Office and Ombuds Act" proposes amendments to the Homeland Security Act of 2002 by establishing an Intelligence Transparency and Oversight Program Office within the Department of Homeland Security (DHS). This office aims to enhance oversight of intelligence activities, ensuring they are conducted objectively and independently from political influences.
Key provisions include:
- **Creation of the Office**: The Secretary of DHS is required to establish the office, which will assess the Department’s intelligence activities regarding their timeliness and objectivity.
- **Role of the Ombuds**: The office will be led by an Ombuds, a senior career employee with expertise in intelligence, civil rights enforcement, and related fields. The Ombuds will advise on safeguarding objectivity in intelligence operations and addressing civil liberties concerns.
- **Duties of the Ombuds**: Responsibilities include promoting awareness of privacy rights, providing confidential forums to address concerns about intelligence activities, initiating reviews and making recommendations, and facilitating the public's understanding of intelligence operations while protecting sensitive information.
- **Coordination with Intelligence Components**: Intelligence heads within DHS must respond to the Ombuds’ recommendations and provide access to necessary information for fulfilling the Ombuds' role.
- **Reporting**: The Ombuds will submit annual reports to Congress detailing activities, findings, and recommendations.
Overall, this legislation seeks to improve transparency, accountability, and public trust in the intelligence operations of the DHS.
Possible Impacts
The "DHS Intelligence Transparency and Oversight Program Office and Ombuds Act" can have several impacts on individuals and communities. Here are three examples:
1. **Increased Oversight and Accountability**: The establishment of an Intelligence Transparency and Oversight Program Office and an Ombuds within the Department of Homeland Security (DHS) could lead to enhanced oversight of intelligence activities. Individuals may feel more secure knowing there is a dedicated entity that reviews and assesses intelligence activities for objectivity and independence from political influences. This oversight could lead to greater accountability for the actions of intelligence officials and help prevent abuses of power, thereby protecting civil liberties.
2. **Greater Public Awareness**: The provisions requiring the Ombuds to facilitate the public release of information regarding intelligence activities can enhance public understanding of these operations. Citizens may benefit from increased transparency, which can help demystify the workings of intelligence agencies and reassure them that such activities are conducted ethically and within legal boundaries. This transparency may also foster public trust in government agencies tasked with national security.
3. **Confidential Reporting Mechanisms**: The Ombuds is required to provide confidential forums for individuals to voice concerns regarding intelligence activities without fear of retaliation. This could empower whistleblowers and concerned employees within DHS to report issues related to civil rights abuses or politicization of intelligence without jeopardizing their careers. As a result, this mechanism may lead to improved protection of civil rights and liberties within intelligence operations, benefitting the wider community by ensuring that intelligence practices align with democratic values and human rights.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7435 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 7435
To amend the Homeland Security Act of 2002 to establish an Intelligence
Transparency and Oversight Program Office and Intelligence Ombuds
within the Department of Homeland Security, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 9, 2026
Mr. Magaziner (for himself and Mr. Thompson of Mississippi) introduced
the following bill; which was referred to the Committee on Homeland
Security
_______________________________________________________________________
A BILL
To amend the Homeland Security Act of 2002 to establish an Intelligence
Transparency and Oversight Program Office and Intelligence Ombuds
within the Department of Homeland Security, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``DHS Intelligence Transparency and
Oversight Program Office and Ombuds Act''.
SEC. 2. ESTABLISHMENT OF THE TRANSPARENCY AND OVERSIGHT PROGRAM OFFICE
AND INTELLIGENCE OMBUDS.
(a) In General.--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:
``SEC. 714. INTELLIGENCE TRANSPARENCY AND OVERSIGHT PROGRAM OFFICE;
OMBUDS.
``(a) Establishment.--
``(1) In general.--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.
``(2) Ombuds.--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.
``(b) Duties of the Ombuds.--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.
``(c) Coordination With Intelligence Components of the
Department.--
``(1) In general.--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.
``(2) Access to information.--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.
``(d) Annual Reports.--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.
``(e) Definition.--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.''.
(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 713 the following new item:
``Sec. 714. Intelligence transparency and oversight program office;
Ombuds.''.
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