Sec. 435. Inspector General of the Intelligence Community assessment of Overt Human Intelligence Collection Program of Department of Homeland Security
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The Inspector General of the Intelligence Community shall conduct an assessment of the Overt Human Intelligence Collection Program administered by the Under Secretary of Homeland Security for Intelligence and Analysis. The assessment under paragraph
(1)shall include findings and, as appropriate, recommendations on the following: Whether the Overt Human Intelligence Collection Program is authorized or otherwise supported by legal authorities. Whether, and to what extent, such Program has provided valuable insights on national intelligence priorities and intelligence priorities of the Department of Homeland Security. Whether there is sufficient training provided to, and sufficient oversight provided of, officers and employees of the Office of Intelligence and Analysis of the Department of Homeland Security who conduct interviews or other engagements for intelligence collection purposes under such Program. Whether the responsibilities, procedures, and requirements for such Program set forth in Policy Instruction 907 of the Office of Intelligence and Analysis, issued on June 29, 2016, (or any successor instruction) are clear, complete, and consistently complied with by such officers and employees. Whether such Program raises, or, with respect to activities conducted under such Program prior to the date of such assessment, has raised, legal, ethical, or operational concerns, including concerns relating to the actual or potential violation of any applicable policies or procedures for protecting the constitutional or statutory rights of United States persons. Any other matter the Inspector General of the Intelligence Community determines appropriate. Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Intelligence Community shall provide to the appropriate congressional committees a briefing on the preliminary findings and recommendations of the Inspector General with respect to the assessment under paragraph (1). Not later than 1 year after the date of the enactment of this Act, the Inspector General of the Intelligence Community shall submit to the appropriate congressional committees a report containing the findings and recommendations of the Inspector General with respect to the assessment under paragraph (1). None of the funds authorized to be appropriated by this Act may be made available to the Office of Intelligence and Analysis to conduct or resume a covered activity. In this section: The term appropriate congressional committees means the following: The congressional intelligence committees. The Committee on Homeland Security of the House of Representatives. The Committee on Homeland Security and Governmental Affairs of the Senate. The term covered activity means an activity the conduct of which under the Overt Human Intelligence Collection Program was paused in 2022 (as described in the document submitted to the Permanent Select Committee on Intelligence of the House of Representatives by the Under Secretary of Homeland Security for Intelligence and Analysis, titled Response to Questions during HPSCI Briefing on March 7, 2023 ), involving the conduct by an officer or employee of the Office of Intelligence and Analysis of an interview or other engagement for intelligence collection purposes with an individual, in connection with a criminal matter— who has been charged, arraigned, or is in the custody of a Federal, State, or local law enforcement agency; and whose guilt with respect to such matter has not yet been adjudicated. The term Overt Human Intelligence Collection Program means the program established by the Under Secretary of Homeland Security for Intelligence and Analysis pursuant to Policy Instruction 907 of the Office of Intelligence and Analysis, issued on June 29, 2016 (or any successor program). The term United States person has the meaning given that term in section 101 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 ).
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Sec. 435
Inspector General of the Intelligence Community assessment of Overt Human Intelligence Collection Program of Department of Homeland Security
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