6 U.S.C. § 125 — Annual report on intelligence activities of

Page 58 TITLE 6—DOMESTIC SECURITY § 125 hub airports when they believe a threat from unmanned aircraft systems is present and what additional actions, if any, the Depart- ment of Homeland Security or the Depart- ment of Transportation could implement under existing authorities to assist these en- tities to counter the threat identified in sub- paragraph (A); (D) an assessment of what, if any, addi- tional authorities are needed by each De- partment and law enforcement to counter the threat identified in subparagraph (A); and (E) an assessment of what, if any, addi- tional research and development the Depart- ment needs to counter the threat identified in subparagraph (A). (2) Unclassified form The report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex. (Pub. L. 107–296, title II, § 210G, as added Pub. L. 115–254, div. H, § 1602(a), Oct. 5, 2018, 132 Stat. 3522; amended Pub. L. 118–15, div. B, title II, § 2221, Sept. 30, 2023, 137 Stat. 86; Pub. L. 118–22, div. B, title III, § 601, Nov. 17, 2023, 137 Stat. 123; Pub. L. 118–35, div. B, title III, § 301, Jan. 19, 2024, 138 Stat. 7; Pub. L. 118–41, title III, § 301, Mar. 8, 2024, 138 Stat. 24; Pub. L. 118–63, title XI, § 1112, May 16, 2024, 138 Stat. 1419; Pub. L. 118–83, div. B, title I, § 101, Sept. 26, 2024, 138 Stat. 1534; Pub. L. 118–158, div. E, § 5102, Dec. 21, 2024, 138 Stat. 1771.) Editorial Notes REFERENCES IN TEXT The Presidential Protection Assistance Act of 1976, referred to in subsec. (k)(3)(C)(i)(II), is Pub. L. 94–524, Oct. 17, 1976, 90 Stat. 2475, which enacted and amended provisions set out as notes under section 3056 of Title 18, Crimes and Criminal Procedure. For complete clas- sification of this Act to the Code, see Tables. Section 104 of title 14, referred to in subsec. (k)(3)(C)(iv), was redesignated section 528 of title 14 by Pub. L. 115–282, title I, § 105(b), Dec. 4, 2018, 132 Stat. 4200, and references to section 104 of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redesignated by Pub. L. 115–282 note pre- ceding section 101 of Title 14, Coast Guard. This chapter, referred to in subsec. (l)(1)(A), was in the original ‘‘this Act’’, meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables. AMENDMENTS 2024—Subsec. (i). Pub. L. 118–158 substituted ‘‘March 14, 2025’’ for ‘‘December 20, 2024’’. Pub. L. 118–83 substituted ‘‘December 20, 2024’’ for ‘‘October 1, 2024’’. Pub. L. 118–63 substituted ‘‘October 1, 2024’’ for ‘‘May 11, 2024’’. Pub. L. 118–41 substituted ‘‘May 11, 2024’’ for ‘‘March 9, 2024’’. Pub. L. 118–35 substituted ‘‘March 9, 2024’’ for ‘‘Feb- ruary 3, 2024’’. 2023—Subsec. (i). Pub. L. 118–22 substituted ‘‘February 3, 2024’’ for ‘‘November 18, 2023’’. Pub. L. 118–15 substituted ‘‘on November 18, 2023’’ for ‘‘on the date that is 4 years after October 5, 2018’’. Statutory Notes and Related Subsidiaries TERMINATION DATE Pub. L. 117–328, div. F, title V, § 547, Dec. 29, 2022, 136 Stat. 4758, provided that: ‘‘Section 210G(i) of the Home- land Security Act of 2002 (6 U.S.C. 124n(i)) shall be ap- plied by substituting ‘September 30, 2023’ for ‘the date that is 4 years after the date of enactment of this sec- tion [Oct. 5, 2018]’.’’ § 125. Annual report on intelligence activities of the Department of Homeland Security (a) In general For each fiscal year and along with the budget materials submitted in support of the budget of the Department of Homeland Security pursuant to section 1105(a) of title 31, the Under Secretary for Intelligence and Analysis of the Department shall submit to the congressional intelligence committees a report for such fiscal year on each intelligence activity of each intelligence compo- nent of the Department, as designated by the Under Secretary, that includes the following: (1) The amount of funding requested for each such intelligence activity. (2) The number of full-time employees fund- ed to perform each such intelligence activity. (3) The number of full-time contractor em- ployees (or the equivalent of full-time in the case of part-time contractor employees) fund- ed to perform or in support of each such intel- ligence activity. (4) A determination as to whether each such intelligence activity is predominantly in sup- port of national intelligence or departmental missions. (5) The total number of analysts of the Intel- ligence Enterprise of the Department that per- form— (A) strategic analysis; or (B) operational analysis. (b) Feasibility and advisability report Not later than 120 days after December 19, 2014, the Secretary of Homeland Security, acting through the Under Secretary for Intelligence and Analysis, shall submit to the congressional intelligence committees a report that— (1) examines the feasibility and advisability of including the budget request for all intel- ligence activities of each intelligence compo- nent of the Department that predominantly support departmental missions, as designated by the Under Secretary for Intelligence and Analysis, in the Homeland Security Intel- ligence Program; and (2) includes a plan to enhance the coordina- tion of department-wide intelligence activities to achieve greater efficiencies in the perform- ance of the Department of Homeland Security intelligence functions. (c) Intelligence component of the Department In this section, the term ‘‘intelligence compo- nent of the Department’’ has the meaning given that term in section 101 of this title. (Pub. L. 113–293, title III, § 324, Dec. 19, 2014, 128 Stat. 4004.) Editorial Notes CODIFICATION Section was enacted as part of the Intelligence Au- thorization Act for Fiscal Year 2015, and not as part of Page 59 TITLE 6—DOMESTIC SECURITY § 126 the Homeland Security Act of 2002 which comprises this chapter. Statutory Notes and Related Subsidiaries BRIEFING ON DEPARTMENT OF HOMELAND SECURITY INTELLIGENCE ACTIVITIES Pub. L. 117–263, div. F, title LXVIII, § 6819, Dec. 23, 2022, 136 Stat. 3611, provided that: ‘‘(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 and the Committee on Appro- priations of the Senate. ‘‘(C) The Committee on Homeland Security and the Committee on Appropriations of the House of Representatives. ‘‘(2) COMPONENT OF THE DEPARTMENT OF HOMELAND SECURITY.—The term ‘component of the Department of Homeland Security’ means the following compo- nents of the Department of Homeland Security: ‘‘(A) The Cybersecurity and Infrastructure Secu- rity Agency Threat Management Division. ‘‘(B) The Federal Emergency Management Agen- cy Protection and National Preparedness, Office of Counterterrorism and Security Preparedness. ‘‘(C) The Transportation Security Administration Office of Intelligence and Analysis. ‘‘(D) The United States Citizenship and Immigra- tion Services Fraud Detection and National Secu- rity Directorate, Field Operations Directorate, and Collateral Duty Intelligence. ‘‘(E) The United States Customs and Border Pro- tection Office of Intelligence. ‘‘(F) The United States Immigration and Customs Enforcement Homeland Security Investigations, Of- fice of Intelligence, and Special Agent in Charge In- telligence Program. ‘‘(3) INTELLIGENCE ACTIVITY.—The term ‘intelligence activity’ shall be interpreted consistent with how such term is used in section 502 of the National Secu- rity Act of 1947 (50 U.S.C. 3092). ‘‘(b) BRIEFING ON INTELLIGENCE ACTIVITIES.—Con- sistent with section 501 of the National Security Act of 1947 (50 U.S.C. 3091), not later than 30 days after the date of the enactment of this Act [Dec. 23, 2022], the Chief Intelligence Officer of the Department of Home- land Security shall provide the appropriate congres- sional committees a briefing on the intelligence activi- ties of elements of the Department of Homeland Secu- rity that are not elements of the intelligence commu- nity. Such briefing shall include the following: ‘‘(1) A comprehensive description of all intelligence activities conducted during the period beginning on January 1, 2018, and ending on the date of the brief- ing, by any component of the Department of Home- land Security that conducts intelligence activities. ‘‘(2) With respect to each such intelligence activity, a description of the activity, including, at a min- imum— ‘‘(A) the nature of the activity; ‘‘(B) the component undertaking the activity; ‘‘(C) the legal authority for such activity; and ‘‘(D) the source of funding for such activity. ‘‘(3) A description and the quantity of any types of finished intelligence products, or intelligence infor- mation reports, produced or contributed to by a com- ponent of the Department of Homeland Security that conducts intelligence activities during the period specified in paragraph (1). ‘‘(4) An identification of any external or internal guidelines, policies, processes, practices, or programs governing the collection, retention, analysis, or dis- semination by such a component of information re- garding United States citizens, lawful permanent residents of the United States, or individuals located within the United States. ‘‘(c) FORM.—The briefing under subsection (b) may be provided in classified form. ‘‘(d) ADDITIONAL BRIEFINGS.—Not later than 1 year after the date on which the Chief Intelligence Officer provides the briefing under subsection (b) and not less frequently than once each year thereafter, the Chief In- telligence Officer shall provide the appropriate congres- sional committees a briefing on any new intelligence activities commenced by any component of the Depart- ment of Homeland Security and any that have been ter- minated.’’ [For definitions of ‘‘congressional intelligence com- mittees’’ and ‘‘intelligence community’’ as used in sec- tion 6819 of Pub. L. 117–263, set out above, see section 6002 of Pub. L. 117–263, set out as a note under section 3003 of Title 50, War and National Defense.] DEFINITIONS ‘‘Congressional intelligence committees’’ means the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives, see section 2 of Pub. L. 113–293, set out as a note under section 3003 of Title 50, War and National Defense. § 126. Department of Homeland Security data framework (a) In general (1) Development The Secretary of Homeland Security shall develop a data framework to integrate exist- ing Department of Homeland Security datasets and systems, as appropriate, for ac- cess by authorized personnel in a manner con- sistent with relevant legal authorities and pri- vacy, civil rights, and civil liberties policies and protections. (2) Requirements In developing the framework required under paragraph (1), the Secretary of Homeland Se- curity shall ensure, in accordance with all ap- plicable statutory and regulatory require- ments, the following information is included: (A) All information acquired, held, or ob- tained by an office or component of the De- partment of Homeland Security that falls within the scope of the information sharing environment, including homeland security information, terrorism information, weap- ons of mass destruction information, and na- tional intelligence. (B) Any information or intelligence rel- evant to priority mission needs and capa- bility requirements of the homeland secu- rity enterprise, as determined appropriate by the Secretary. (b) Data framework access (1) In general The Secretary of Homeland Security shall ensure that the data framework required under this section is accessible to employees of the Department of Homeland Security who the Secretary determines— (A) have an appropriate security clear- ance; (B) are assigned to perform a function that requires access to information in such framework; and (C) are trained in applicable standards for safeguarding and using such information. (2) Guidance The Secretary of Homeland Security shall—