Sec. 7324. PROHIBITION ON AVAILABILITY OF FUNDS FOR CERTAIN ACTIVITIES AND ASSESSMENT OF THE OVERT HUMAN INTELLIGENCE AND OPEN SOURCE INTELLIGENCE COLLECTION PROGRAMS OF THE OFFICE OF INTELLIGENCE AND ANALYSIS OF THE DEPARTMENT OF HOMELAND SECURITY
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## SEC. 7324 PROHIBITION ON AVAILABILITY OF FUNDS FOR CERTAIN ACTIVITIES AND ASSESSMENT OF THE OVERT HUMAN INTELLIGENCE AND OPEN SOURCE INTELLIGENCE COLLECTION PROGRAMS OF THE OFFICE OF INTELLIGENCE AND ANALYSIS OF THE DEPARTMENT OF HOMELAND SECURITY **[**[6 U.S.C. 121 note](/us/usc/t6/s121)**]** ###
(a)Definitions In this section: ####
(1)Appropriate congressional committees The term “appropriate congressional committees” means the following: #####
(A)The congressional intelligence committees. #####
(B)The Committee on Homeland Security and Governmental Affairs of the Senate. #####
(C)The Committee on Homeland Security of the House of Representatives. ####
(2)Covered activity The term “covered activity” means— #####
(A)with respect to the Overt Human Intelligence Collection Program, an interview for intelligence collection purposes with any individual, including a United States person, who has been criminally charged, arraigned, or taken into the custody of a Federal, State, or local law enforcement agency, but whose guilt with respect to such criminal matters has not yet been adjudicated, unless the Office of Intelligence and Analysis has obtained the consent of the interviewee following consultation with counsel; #####
(B)with respect to either the Overt Human Intelligence Collection Program or the Open Source Intelligence Collection Program, any collection targeting journalists in the performance of their journalistic functions; and #####
(C)with respect to the Overt Human Intelligence Collection Program, an interview for intelligence collection purposes with a United States person where the Office of Intelligence and Analysis lacks a reasonable belief based on facts and circumstances that the United States person may possess significant foreign intelligence (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)). ####
(3)Overt human intelligence collection program 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. ####
(4)Open source intelligence collection program The term “Open Source Collection Intelligence Program” means the program established by the Under Secretary of Homeland Security for Intelligence and Analysis for the purpose of collecting intelligence and information for potential production and reporting in the form of Open Source Information Reports as reflected in Policy Instruction 900 of the Office of Intelligence and Analysis, issued on January 13, 2015, or any successor program. ####
(5)United states person The term “United States person” means— #####
(A)a United States citizen; #####
(B)an alien known by the Office of Intelligence and Analysis to be a permanent resident alien; #####
(C)an unincorporated association substantially composed of United States citizens or permanent resident aliens; or #####
(D)a corporation incorporated in the United States, except for a corporation directed and controlled by a foreign government or governments. ####
(6)United states person information
(uspi)The term “United States person information”— #####
(A)means information that is reasonably likely to identify 1 or more specific United States persons; and #####
(B)may be either a single item of information or information that, when combined with other available information, is reasonably likely to identify one or more specific United States persons. ###
(b)Prohibition on Availability of Funds for Covered Activities of Overt Human Intelligence Collection Program and Open Source Intelligence Collection Program None of the funds authorized to be appropriated by this division may be made available to the Office of Intelligence and Analysis of the Department of Homeland Security to conduct a covered activity. ###
(c)Limitation on Personnel None of the funds authorized to be appropriated by this division may be used by the Office of Intelligence and Analysis of the Department of Homeland Security to increase, above the staffing level in effect on the day before the date of the enactment of this Act, the number of personnel assigned to the Open Source Intelligence Division who work exclusively or predominantly on domestic terrorism issues. ###
(d)Inspector General of the Intelligence Community Assessment of Overt Human Intelligence Collection Program and Open Source Intelligence Collection Program ####
(1)Requirement The Inspector General of the Intelligence Community shall conduct an assessment of the Overt Human Intelligence Collection Program and the Open Source Intelligence Collection Program. ####
(2)Elements The assessment under paragraph
(1)shall include findings and, as the Inspector General considers appropriate, recommendations on the following: #####
(A)Whether the Overt Human Intelligence Collection Program and the Open Source Intelligence Collection Program are legally authorized, and if so, an identification of the legal authorities. #####
(B)Whether, and to what extent, such programs have provided valuable insights on national intelligence priorities and intelligence priorities of the Department of Homeland Security, citing specific examples of such insights at the appropriate classification level. #####
(C)Whether there is sufficient training provided to, and sufficient oversight provided of, personnel of the Office of Intelligence and Analysis of the Department of Homeland Security who conduct intelligence collection under such programs. #####
(D)Whether the responsibilities and requirements for such programs set forth in the relevant policy instructions, intelligence oversight guidelines, and other governing documents or standard operating procedures of the Office of Intelligence and Analysis, particularly as they relate to the obligation to safeguard the privacy, civil liberties, and civil rights of United States persons, are adequate, appropriate, and consistently adhered to by such personnel. #####
(E)Whether such programs raise or have 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. #####
(F)Whether other Federal agencies, such as the Federal Bureau of Investigation, conduct similar programs and, if so, a comparison of any similarities and differences between the respective programs. #####
(G)With respect to non-analytic intelligence reports produced by the Office of Intelligence and Analysis derived in whole or in part from such programs, whether such reports appropriately minimize United States person information and use press reporting in an appropriate manner. #####
(H)With respect to the Open Source Intelligence Collection Program, whether such program is effective at identifying threats directed against the United States, including true threats, incitement to violence, and malign cyber activity. #####
(I)Whether there have been any identified instances in which State, local, territorial, or Tribal government agencies have used, or sought to use, the Office of Intelligence and Analysis as an instrument to introduce political or politicized information into the national intelligence collection and reporting stream. #####
(J)Any other matter the Inspector General of the Intelligence Community determines appropriate. ####
(3)Briefing Not later than 120 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). ####
(4)Report #####
(A)In general Not later than 180 days 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). #####
(B)Form The report submitted pursuant to subparagraph
(A)shall be submitted under that subparagraph in unclassified form, but may include a classified annex. ####
(5)Quarterly briefings The Under Secretary of Homeland Security for Intelligence and Analysis shall, not less than once per quarter, provide to the appropriate congressional committees a briefing on the intelligence collection activities of the Office of Intelligence and Analysis. These briefings shall include— #####
(A)a description of any new activities, initiatives, or efforts undertaken pursuant to the Overt Human Intelligence Collection Program or the Open Source Intelligence Collection Program; #####
(B)a description of any new policies, procedures, or guidance concerning the Overt Human Intelligence Collection Program or the Open Source Intelligence Collection Program; #####
(C)a description of any compliance-related inquiries, investigations, reviews, checks, or audits initiated concerning the Overt Human Intelligence Collection Program or the Open Source Intelligence Collection Program, as well as an update on the outcome or status of any preexisting inquiries, investigations, reviews, checks, or audits concerning these programs; #####
(D)a comparison of the volume of intelligence and information collected on United States persons by the Office and used in finished intelligence products produced by the Office with the volume of intelligence or information on United States persons that is— ######
(i)collected by State, local, and Tribal territory governments, the private sector, and other components of the Department of Homeland Security; ######
(ii)provided directly or indirectly to the Office; and ######
(iii)used in finished intelligence products produced by the Office; and #####
(E)information on the reports and products issued by the Overt Human Intelligence Collection Program and the Open Source Intelligence Collection Program for the quarter covered by the briefing, which shall reflect— ######
(i)the number of reports and products issued by each program; ######
(ii)the number of reports and products issued by type or format of the report or product; ######
(iii)the number of reports and products based on information provided by representatives of Federal, foreign or international, State, local, Tribal, territorial, or private sector entities, respectively, and, for each of these subcategories, the number of reports or products based on information provided by known or presumed United States persons; ######
(iv)the number of reports and products based on information provided by individuals in administrative custody and, within that number, the number of reports or products based on information provided by known or presumed United States persons; ######
(v)the number of reports and products based on information provided by confidential informants and, within that number, the number of reports or products based on information provided by known or presumed United States persons; ######
(vi)the number of reports and products supporting different national or departmental missions and, for each of these subcategories, the number of reports or products based on information provided by known or presumed United States persons; and ######
(vii)the number of reports and products identifying United States persons. ###
(e)Rules of Construction ####
(1)Effect on other intelligence oversight Nothing in this section shall be construed as limiting or superseding the authority of any official within the Department of Homeland Security to conduct legal, privacy, civil rights, or civil liberties oversight of the intelligence activities of the Office of Intelligence and Analysis. ####
(2)Sharing and receiving intelligence information Nothing in this section shall be construed to prohibit, or to limit the authority of, personnel of the Office of Intelligence and Analysis from sharing intelligence information with, or receiving information from— #####
(A)foreign, State, local, Tribal, or territorial governments (or any agency or subdivision thereof); #####
(B)the private sector; or #####
(C)other elements of the Federal government, including the components of the Department of Homeland Security.
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Sec. 7324
PROHIBITION ON AVAILABILITY OF FUNDS FOR CERTAIN ACTIVITIES AND ASSESSMENT OF THE OVERT HUMAN INTELLIGENCE AND OPEN SOURCE INTELLIGENCE COLLECTION PROGRAMS OF THE OFFICE OF INTELLIGENCE AND ANALYSIS OF THE DEPARTMENT OF HOMELAND SECURITY
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