Prohibition on availability of funds for certain activities of the Overt Human Intelligence and Field Intelligence Programs of the Office of Intelligence and Analysis of the Department of Homeland Security

(a) Definitions In this section: (1) Covered activity The term covered activity means— (A) with respect to the Field Intelligence 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 the Field Intelligence Program, any collection targeting journalists in the performance of their journalistic functions; and (C) with respect to the Field Intelligence 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)). (2) Field Intelligence Program The term Field Intelligence 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, and subsequently renamed in a Policy Guidance Memorandum issued by the Under Secretary of Homeland Security for Intelligence and Analysis on December 24, 2024. (3) Open Source Intelligence Collection Program The term Open Source Intelligence Collection 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. (4) 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. (5) United States person information 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 1 or more specific United States persons. (b) Prohibition on availability of funds for Covered Activities of Field Intelligence Program and Open Source Intelligence Collection Program None of the funds authorized to be appropriated by this Act 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 Act 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 the Intelligence Authorization Act for Fiscal Year 2024 (division G of Public Law 118–31), the number of personnel assigned to the Open Source Intelligence Division who work exclusively or predominantly on domestic terrorism issues. (d) 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 of the Department of Homeland Security 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.