[Congressional Record Volume 162, Number 81 (Monday, May 23, 2016)]
[House]
[Pages H2896-H2905]
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2017
Mr. NUNES. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 5077) to authorize appropriations for fiscal year 2017 for
intelligence and intelligence-related activities of the United States
Government, the Community Management Account, and the Central
Intelligence Agency Retirement and Disability System, and for other
purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5077
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Intelligence Authorization Act for Fiscal Year 2017''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--GENERAL PROVISIONS
Sec. 301. Increase in employee compensation and benefits authorized by
law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Authorization of appropriations for Privacy and Civil
Liberties Oversight Board.
Sec. 304. Modification of certain whistleblowing procedures.
Sec. 305. Reports on major defense intelligence acquisition programs.
Sec. 306. Modifications to certain requirements for construction of
facilities.
Sec. 307. Information on activities of Privacy and Civil Liberties
Oversight Board.
Sec. 308. Clarification of authorization of certain activities of the
Department of Energy.
Sec. 309. Technical correction to Executive Schedule.
Sec. 310. Maximum amount charged for declassification reviews.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 401. Analyses and impact statements by Director of National
Intelligence regarding actions by Committee on Foreign
Investment in the United States.
Sec. 402. National Counterintelligence and Security Center.
Sec. 403. Assistance for governmental entities and private entities in
recognizing online violent extremist content.
Subtitle B--Central Intelligence Agency and Other Elements
Sec. 411. Enhanced death benefits for personnel of the Central
Intelligence Agency.
Sec. 412. Pay and retirement authorities of the Inspector General of
the Central Intelligence Agency.
Sec. 413. Clarification of authority, direction, and control over the
information assurance directorate of the National
Security Agency.
Sec. 414. Living quarters allowance for employees of the Defense
Intelligence Agency.
Sec. 415. Plan on assumption of certain weather missions by the
National Reconnaissance Office.
Sec. 416. Modernization of security clearance information technology
architecture.
TITLE V--MATTERS RELATING TO UNITED STATES NAVAL STATION, GUANTANAMO
BAY, CUBA
Sec. 501. Declassification of information on past terrorist activities
of detainees transferred from United States Naval
Station, Guantanamo Bay, Cuba, after signing of Executive
Order 13492.
TITLE VI--REPORTS AND OTHER MATTERS
Sec. 601. Report on intelligence community employees detailed to
National Security Council.
Sec. 602. Intelligence community reporting to Congress on foreign
fighter flows.
Sec. 603. Report on information relating to academic programs,
scholarships, fellowships, and internships sponsored,
administered, or used by the intelligence community.
Sec. 604. Report on cybersecurity threats to seaports of the United
States and maritime shipping.
Sec. 605. Report on counter-messaging activities.
Sec. 606. Report on reprisals against contractors of the intelligence
community.
SEC. 2. DEFINITIONS.
In this Act:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' means--
(A) the Select Committee on Intelligence of the Senate; and
(B) the Permanent Select Committee on Intelligence of the
House of Representatives.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3(4)
of the National Security Act of 1947 (50 U.S.C. 3003(4)).
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2017 for the conduct of the intelligence and
intelligence-related activities of the following elements of
the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Levels.--The
amounts authorized to be appropriated under section 101 and,
subject to section 103, the authorized personnel ceilings as
of September 30, 2017, for the conduct of the intelligence
activities of the elements listed in paragraphs (1) through
(16) of section 101, are those specified in the classified
Schedule of Authorizations prepared to accompany this Act.
(b) Availability of Classified Schedule of
Authorizations.--
(1) Availability.--The classified Schedule of
Authorizations referred to in subsection (a) shall be made
available to the Committee on Appropriations of the Senate,
the Committee on Appropriations of the House of
Representatives, and to the President.
(2) Distribution by the president.--Subject to paragraph
(3), the President shall provide for suitable distribution of
the classified
[[Page H2897]]
Schedule of Authorizations, or of appropriate portions of the
Schedule, within the executive branch.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any
portion of such Schedule except--
(A) as provided in section 601(a) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C.
3306(a));
(B) to the extent necessary to implement the budget; or
(C) as otherwise required by law.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) Authority for Increases.--The Director of National
Intelligence may authorize employment of civilian personnel
in excess of the number authorized for fiscal year 2017 by
the classified Schedule of Authorizations referred to in
section 102(a) if the Director of National Intelligence
determines that such action is necessary to the performance
of important intelligence functions, except that the number
of personnel employed in excess of the number authorized
under such section may not, for any element of the
intelligence community, exceed 3 percent of the number of
civilian personnel authorized under such schedule for such
element.
(b) Treatment of Certain Personnel.--The Director of
National Intelligence shall establish guidelines that govern,
for each element of the intelligence community, the treatment
under the personnel levels authorized under section 102(a),
including any exemption from such personnel levels, of
employment or assignment in--
(1) a student program, trainee program, or similar program;
(2) a reserve corps or as a reemployed annuitant; or
(3) details, joint duty, or long-term, full-time training.
(c) Notice to Congressional Intelligence Committees.--The
Director of National Intelligence shall notify the
congressional intelligence committees in writing at least 15
days prior to each exercise of an authority described in
subsection (a).
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized
to be appropriated for the Intelligence Community Management
Account of the Director of National Intelligence for fiscal
year 2017 the sum of $518,596,000. Within such amount, funds
identified in the classified Schedule of Authorizations
referred to in section 102(a) for advanced research and
development shall remain available until September 30, 2018.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of
National Intelligence are authorized 787 positions as of
September 30, 2017. Personnel serving in such elements may be
permanent employees of the Office of the Director of National
Intelligence or personnel detailed from other elements of the
United States Government.
(c) Classified Authorizations.--
(1) Authorization of appropriations.--In addition to
amounts authorized to be appropriated for the Intelligence
Community Management Account by subsection (a), there are
authorized to be appropriated for the Community Management
Account for fiscal year 2017 such additional amounts as are
specified in the classified Schedule of Authorizations
referred to in section 102(a). Such additional amounts for
advanced research and development shall remain available
until September 30, 2018.
(2) Authorization of personnel.--In addition to the
personnel authorized by subsection (b) for elements of the
Intelligence Community Management Account as of September 30,
2017, there are authorized such additional personnel for the
Community Management Account as of that date as are specified
in the classified Schedule of Authorizations referred to in
section 102(a).
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund for fiscal
year 2017 the sum of $514,000,000.
TITLE III--GENERAL PROVISIONS
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS
AUTHORIZED BY LAW.
Appropriations authorized by this Act for salary, pay,
retirement, and other benefits for Federal employees may be
increased by such additional or supplemental amounts as may
be necessary for increases in such compensation or benefits
authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not
be deemed to constitute authority for the conduct of any
intelligence activity which is not otherwise authorized by
the Constitution or the laws of the United States.
SEC. 303. AUTHORIZATION OF APPROPRIATIONS FOR PRIVACY AND
CIVIL LIBERTIES OVERSIGHT BOARD.
(a) Requirement for Authorizations.--Subsection (m) of
section 1061 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (42 U.S.C. 2000ee(m)) is amended to
read as follows:
``(m) Funding.--
``(1) Specific authorization required.--Appropriated funds
available to the Board may be obligated or expended to carry
out activities under this section only if such funds were
specifically authorized by Congress for use for such
activities for such fiscal year.
``(2) Definition.--In this subsection, the term
`specifically authorized by Congress' has the meaning given
that term in section 504(e) of the National Security Act of
1947 (50 U.S.C. 3094(e)).''.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to the Privacy and Civil Liberties
Oversight Board for fiscal year 2017 the sum of $10,081,000
to carry out the activities of the Board under section 1061
of the Intelligence Reform and Terrorism Prevention Act of
2004 (42 U.S.C. 2000ee(m)).
SEC. 304. MODIFICATION OF CERTAIN WHISTLEBLOWING PROCEDURES.
(a) Clarification of Whistleblowing Procedures Available to
Certain Personnel.--Subsection (a)(1)(A) of section 8H of the
Inspector General Act of 1978 (5 U.S.C. App.) is amended by
inserting after ``Security Agency,'' the following:
``including any such employee who is assigned or detailed to
a combatant command or other element of the Federal
Government,''.
(b) Central Intelligence Agency.--
(1) Role of director.--Section 17(d)(5) of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 3517(d)(5)) is
amended--
(A) in subparagraph (B)--
(i) by striking clause (ii);
(ii) by striking ``(i) Not'' and inserting ``Not''; and
(iii) by striking ``to the Director'' and inserting ``to
the intelligence committees''; and
(B) in subparagraph (D)--
(i) in clause (i), by striking ``the Director'' and
inserting ``the intelligence committees''; and
(ii) in clause (ii)--
(I) in subclause (I), by striking ``the Director, through
the Inspector General,'' and inserting ``the Inspector
General''; and
(II) in subclause (II), by striking ``the Director, through
the Inspector General,'' and inserting ``the Inspector
General, in consultation with the Director,''.
(2) Conforming amendments.--
(A) Section 17(d)(5) of such Act is further amended--
(i) by striking subparagraph (C); and
(ii) by redesignating subparagraphs (D) through (H) as
subparagraphs (C) through (G), respectively.
(B) Section 3001(j)(1)(C)(ii) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (50 U.S.C.
3341(j)(1)(C)(ii)) is amended by striking ``subparagraphs
(A), (D), and (H)'' and inserting ``subparagraphs (A), (C),
and (G)''.
(c) Other Elements of Intelligence Community.--
(1) Role of heads.--Section 8H of the Inspector General Act
of 1978 (5 U.S.C. App.) is amended--
(A) in subsection (b)--
(i) by striking paragraph (2);
(ii) by striking ``(1) Not'' and inserting ``Not''; and
(iii) by striking ``to the head of the establishment'' and
inserting ``to the intelligence committees''; and
(B) in subsection (d)--
(i) in paragraph (1), by striking ``the head of the
establishment'' and inserting ``the intelligence
committees''; and
(ii) in paragraph (2)--
(I) in subparagraph (A), by striking ``the head of the
establishment, through the Inspector General,'' and inserting
``the Inspector General''; and
(II) in subparagraph (B), by striking ``the head of the
establishment, through the Inspector General,'' and inserting
``the Inspector General, in consultation with the head of the
establishment,''.
(2) Conforming amendments.--Section 8H of such Act is
further amended--
(A) by striking subsection (c);
(B) by redesignating subsections (d) through (i) as
subsections (c) through (h), respectively; and
(C) in subsection (e), as so redesignated, by striking
``subsections (a) through (e)'' and inserting ``subsections
(a) through (d)''.
(d) Office of the Director of National Intelligence.--
(1) In general.--Section 103H(k)(5) of the National
Security Act of 1947 (50 U.S.C. 3033(k)(5)) is amended--
(A) in subparagraph (B), by striking ``to the Director''
and inserting ``to the congressional intelligence
committees''; and
(B) in subparagraph (D)--
(i) in clause (i), by striking ``the Director'' and
inserting ``the congressional intelligence committees''; and
(ii) in clause (ii)--
(I) in subclause (I), by striking ``the Director, through
the Inspector General,'' and inserting ``the Inspector
General''; and
(II) in subclause (II), by striking ``the Director, through
the Inspector General,'' and inserting ``the Inspector
General, in consultation with the Director,''.
(2) Conforming amendments.--Section 103H(k)(5) of such Act
is further amended--
(A) by striking subparagraph (C); and
(B) by redesignating subparagraphs (D) through (I) as
subparagraphs (C) through (H), respectively.
(e) Rule of Construction.--None of the amendments made by
this section may be construed to prohibit or otherwise affect
the authority of an Inspector General of an element of the
intelligence community, the Inspector General of the Central
Intelligence
[[Page H2898]]
Agency, or the Inspector General of the Intelligence
Community to notify the head of the element of the
intelligence community, the Director of the Central
Intelligence Agency, or the Director of National
Intelligence, as the case may be, of a complaint or
information otherwise authorized by law.
SEC. 305. REPORTS ON MAJOR DEFENSE INTELLIGENCE ACQUISITION
PROGRAMS.
(a) In General.--The National Security Act of 1947 (50
U.S.C. 3001 et seq.) is amended by inserting after section
506J the following new section:
``SEC. 506K. REPORTS ON MAJOR DEFENSE INTELLIGENCE
ACQUISITION PROGRAMS AT EACH MILESTONE
APPROVAL.
``(a) Report on Milestone A.--Not later than 15 days after
granting Milestone A or equivalent approval for a major
defense intelligence acquisition program, the milestone
decision authority for the program shall submit to the
appropriate congressional committees a report containing a
brief summary of the following:
``(1) The estimated cost and schedule for the program
established by the military department concerned, including--
``(A) the dollar values estimated for the program
acquisition unit cost and total life-cycle cost; and
``(B) the planned dates for each program milestone and
initial operational capability.
``(2) The independent estimated cost for the program
established pursuant to section 2334(a)(6) of title 10,
United States Code, and any independent estimated schedule
for the program, including--
``(A) the dollar values estimated for the program
acquisition unit cost and total life-cycle cost; and
``(B) the planned dates for each program milestone and
initial operational capability.
``(3) A summary of the technical risks, including
cybersecurity risks and supply chain risks, associated with
the program, as determined by the military department
concerned, including identification of any critical
technologies that need to be matured.
``(4) A summary of the sufficiency review conducted by the
Director of Cost Assessment and Program Evaluation of the
Department of Defense of the analysis of alternatives
performed for the program (as referred to in section
2366a(b)(6) of such title).
``(5) Any other information the milestone decision
authority considers relevant.
``(b) Report on Milestone B.--Not later than 15 days after
granting Milestone B or equivalent approval for a major
defense intelligence acquisition program, the milestone
decision authority for the program shall submit to the
appropriate congressional committees a report containing a
brief summary of the following:
``(1) The estimated cost and schedule for the program
established by the military department concerned, including--
``(A) the dollar values estimated for the program
acquisition unit cost, average procurement unit cost, and
total life-cycle cost; and
``(B) the planned dates for each program milestone, initial
operational test and evaluation, and initial operational
capability.
``(2) The independent estimated cost for the program
established pursuant to section 2334(a)(6) of title 10,
United States Code, and any independent estimated schedule
for the program, including--
``(A) the dollar values estimated for the program
acquisition unit cost, average procurement unit cost, and
total life-cycle cost; and
``(B) the planned dates for each program milestone, initial
operational test and evaluation, and initial operational
capability.
``(3) A summary of the technical risks, including
cybersecurity risks and supply chain risks, associated with
the program, as determined by the military department
concerned, including identification of any critical
technologies that have not been successfully demonstrated in
a relevant environment.
``(4) A summary of the sufficiency review conducted by the
Director of Cost Assessment and Program Evaluation of the
analysis of alternatives performed for the program pursuant
to section 2366a(b)(6) of such title.
``(5) A statement of whether the preliminary design review
for the program described in section 2366b(a)(1) of such
title has been completed.
``(6) Any other information the milestone decision
authority considers relevant.
``(c) Report on Milestone C.--Not later than 15 days after
granting Milestone C or equivalent approval for a major
defense intelligence acquisition program, the milestone
decision authority for the program shall submit to the
appropriate congressional committees a report containing a
brief summary of the following:
``(1) The estimated cost and schedule for the program
established by the military department concerned, including--
``(A) the dollar values estimated for the program
acquisition unit cost, average procurement unit cost, and
total life-cycle cost; and
``(B) the planned dates for initial operational test and
evaluation and initial operational capability.
``(2) The independent estimated cost for the program
established pursuant to section 2334(a)(6) of title 10,
United States Code, and any independent estimated schedule
for the program, including--
``(A) the dollar values estimated for the program
acquisition unit cost, average procurement unit cost, and
total life-cycle cost; and
``(B) the planned dates for initial operational test and
evaluation and initial operational capability.
``(3) The cost and schedule estimates approved by the
milestone decision authority for the program.
``(4) A summary of the production, manufacturing, and
fielding risks, including cybersecurity risks and supply
chain risks, associated with the program.
``(5) Any other information the milestone decision
authority considers relevant.
``(d) Initial Operating Capability or Full Operating
Capability.--Not later than 15 days after a major defense
intelligence acquisition program reaches initial operating
capability or full operating capability, the milestone
decision authority for the program shall notify the
appropriate congressional committees of the program reaching
such capability.
``(e) Additional Information.--At the request of any of the
appropriate congressional committees, the milestone decision
authority shall submit to the appropriate congressional
committees further information or underlying documentation
for the information in a report submitted under subsection
(a), (b), or (c), including the independent cost and schedule
estimates and the independent technical risk assessments
referred to in those subsections.
``(f) Nonduplication of Effort.--If any information
required under this section has been included in another
report or assessment previously submitted to the
congressional intelligence committees under sections 506A,
506C, or 506E, the milestone decision authority may provide a
list of such reports and assessments at the time of
submitting a report required under this section instead of
including such information in such report.
``(g) Definitions.--In this section:
``(1) The term `appropriate congressional committees' means
the congressional intelligence committees and the
congressional defense committees (as defined in section
101(a)(16) of title 10, United States Code).
``(2) The term `major defense intelligence acquisition
program' means a major defense acquisition program (as
defined in section 2430 of title 10, United States Code) that
relates to intelligence or intelligence-related activities.
``(3) The term `Milestone A approval' has the meaning given
that term in section 2366a(d) of title 10, United States
Code.
``(4) The terms `Milestone B approval' and `Milestone C
approval' have the meaning given those terms in section
2366(e) of such title.
``(5) The term `milestone decision authority' has the
meaning given that term in section 2366a(d) of such title.''.
(b) Clerical Amendment.--The table of contents in the first
section of the National Security Act of 1947 is amended by
inserting after the item relating to section 506J the
following new item:
``Sec. 506K. Reports on major defense intelligence acquisition programs
at each milestone approval.''.
SEC. 306. MODIFICATIONS TO CERTAIN REQUIREMENTS FOR
CONSTRUCTION OF FACILITIES.
(a) Inclusion in Budget Requests of Certain Projects.--
Section 8131 of the Department of Defense Appropriations Act,
1995 (Public Law 103-335; 50 U.S.C. 3303) is repealed.
(b) Notification.--Section 602(a)(2) of the Intelligence
Authorization Act for Fiscal Year 1995 (Public Law 103-359;
50 U.S.C. 3304(a)(2)) is amended by striking ``improvement
project to'' and inserting ``project for the improvement,
repair, or modification of''.
SEC. 307. INFORMATION ON ACTIVITIES OF PRIVACY AND CIVIL
LIBERTIES OVERSIGHT BOARD.
Section 1061(d) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (42 U.S.C. 2000ee(d)) is further
amended by adding at the end the following new paragraph:
``(5) Information.--
``(A) Activities.--In addition to the reports submitted to
Congress under subsection (e)(1)(B), the Board shall ensure
that each official and congressional committee specified in
subparagraph (B) is kept fully and currently informed of the
activities of the Board, including any significant
anticipated activities.
``(B) Officials and congressional committees specified.--
The officials and congressional committees specified in this
subparagraph are the following:
``(i) The Director of National Intelligence.
``(ii) The head of any element of the intelligence
community (as defined in section 3(4) of the National
Security Act of 1947 (50 U.S.C. 3003(4)) the activities of
which are, or are anticipated to be, the subject of the
review or advice of the Board.
``(iii) The Permanent Select Committee on Intelligence of
the House of Representatives and the Select Committee on
Intelligence of the Senate.''.
SEC. 308. CLARIFICATION OF AUTHORIZATION OF CERTAIN
ACTIVITIES OF THE DEPARTMENT OF ENERGY.
Funds appropriated for fiscal year 2016 for intelligence
and intelligence-related activities of the Department of
Energy shall be deemed to be authorized to be appropriated
for such activities, including for purposes of section 504 of
the National Security Act of 1947 (50 U.S.C. 3094).
[[Page H2899]]
SEC. 309. TECHNICAL CORRECTION TO EXECUTIVE SCHEDULE.
Section 5313 of title 5, United States Code, is amended by
striking the item relating to ``Director of the National
Counter Proliferation Center.''.
SEC. 310. MAXIMUM AMOUNT CHARGED FOR DECLASSIFICATION
REVIEWS.
In reviewing and processing a request by a person for the
mandatory declassification of information pursuant to
Executive Order 13526, a successor executive order, or any
other provision of law, the head of an element of the
intelligence community--
(1) may not charge the person reproduction fees in excess
of the amount of fees that the head would charge the person
for reproduction required in the course of processing a
request for information under section 552 of title 5, United
States Code (commonly referred to as the ``Freedom of
Information Act''); and
(2) may waive or reduce any processing fees in the same
manner as the head waives or reduces fees under such section
552.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
SEC. 401. ANALYSES AND IMPACT STATEMENTS BY DIRECTOR OF
NATIONAL INTELLIGENCE REGARDING ACTIONS BY
COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED
STATES.
Section 721(b)(4) of the Defense Production Act of 1950 (50
U.S.C. 4565) is amended by adding at the end the following
new subparagraphs:
``(E) Submission to congressional intelligence
committees.--Not later than 5 days after the completion of a
review or an investigation of a covered transaction under
this subsection that concludes action under this section, the
Director shall submit to the Permanent Select Committee on
Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate an analysis under
subparagraph (A) relating to such covered transaction
previously provided to the Committee, including any
supplements or amendments to such analysis made by the
Director.
``(F) Impact statements.--Not later than 60 days after the
completion of a review or an investigation of a covered
transaction under this subsection that concludes action under
this section, the Director shall determine whether the
covered transaction will have an operational impact on the
intelligence community, and, if so, shall submit a report on
such impact to the Permanent Select Committee on Intelligence
of the House of Representatives and the Select Committee on
Intelligence of the Senate. Each such report shall--
``(i) describe the operational impact of the covered
transaction on the intelligence community; and
``(ii) describe any actions that have been or will be taken
to mitigate such impact.''.
SEC. 402. NATIONAL COUNTERINTELLIGENCE AND SECURITY CENTER.
(a) Redesignation of Office of National Counterintelligence
Executive.--Section 904 of the Counterintelligence
Enhancement Act of 2002 (50 U.S.C. 3383) is amended--
(1) by striking ``Office of the National
Counterintelligence Executive'' each place it appears
(including in the section heading) and inserting ``National
Counterintelligence and Security Center'';
(2) by striking ``National Counterintelligence Executive''
each place it appears and inserting ``Director of the
National Counterintelligence and Security Center'';
(3) in the headings of subsections (b) and (c), by striking
``of Office'' both places it appears and inserting
``Center'';
(4) in subsection (d)--
(A) in paragraph (5)(C), by striking ``by the Office'' and
inserting ``by the Center''; and
(B) in paragraph (6), by striking ``that the Office'' and
inserting ``that the Center'';
(5) in subsection (f)(1), by striking ``by the Office'' and
inserting ``by the Center'';
(6) in subsection (g), by striking ``of the Office'' and
inserting ``of the Center''; and
(7) in subsection (h), by striking ``of the Office'' each
place it appears and inserting ``of the Center''.
(b) Redesignation of National Counterintelligence
Executive.--Section 902 of such Act (50 U.S.C. 3382) is
amended--
(1) by striking subsection (a) and inserting the following
new subsection:
``(a) Establishment.--There shall be a Director of the
National Counterintelligence and Security Center (referred to
in this section as `the Director'), who shall be appointed by
the President, by and with the advice and consent of the
Senate.'';
(2) by striking ``National Counterintelligence Executive''
each place it appears (including the section heading) and
inserting ``Director of the National Counterintelligence and
Security Center''; and
(3) by striking ``Office of the National
Counterintelligence Executive'' each place it appears and
inserting ``National Counterintelligence and Security
Center''.
(c) Conforming Amendments.--
(1) National security act of 1947.--The National Security
Act of 1947 (50 U.S.C. 3001 et seq.) is amended--
(A) in section 102A(f)(2), by inserting after
``Counterterrorism Center'' the following: ``, the National
Counterproliferation Center, and the National
Counterintelligence and Security Center,'';
(B) in section 103(c)(8), by striking ``National
Counterintelligence Executive (including the Office of the
National Counterintelligence Executive)'' and inserting
``Director of the National Counterintelligence and Security
Center''; and
(C) in section 103F, by striking ``National
Counterintelligence Executive'' each place it appears
(including in the headings) and inserting ``Director of the
National Counterintelligence and Security Center''.
(2) Intelligence authorization act for fiscal year 1995.--
Section 811 of the Counterintelligence and Security
Enhancements Act of 1994 (title VIII of Public Law 103-359;
50 U.S.C. 3381) is amended--
(A) in subsections (b) and (c)(1), by striking ``The
National Counterintelligence Executive'' and inserting ``The
Director of the National Counterintelligence and Security
Center''; and
(B) in subsection (d)(1)(B)(ii)--
(i) by striking ``to the National Counterintelligence
Executive'' and inserting ``to the Director of the National
Counterintelligence and Security Center''; and
(ii) by striking ``Office of the National
Counterintelligence Executive'' and inserting ``National
Counterintelligence and Security Center''.
(3) Intelligence authorization act for fiscal year 2004.--
Section 341(b) of the Intelligence Authorization Act for
Fiscal Year 2004 (Public Law 108-177; 28 U.S.C. 519 note) is
amended by striking ``Office of the National
Counterintelligence Executive'' and inserting ``National
Counterintelligence and Security Center''.
(d) Clerical Amendment.--The table of sections in the first
section of the National Security Act of 1947 is amended by
striking the item relating to section 103F and inserting the
following:
``Sec. 103F. Director of the National Counterintelligence and Security
Center.''.
(e) Conforming Style.--Any new language inserted or added
to a provision of law by the amendments made by this section
shall conform to the typeface and typestyle of the matter in
which the language is so inserted or added.
(f) Technical Effective Date.--The amendment made by
subsection (a) of section 401 of the Intelligence
Authorization Act for Fiscal Year 2016 (division M of Public
Law 114-113) shall not take effect, or, if the date of the
enactment of this Act is on or after the effective date
specified in subsection (b) of such section, such amendment
shall be deemed to not have taken effect.
SEC. 403. ASSISTANCE FOR GOVERNMENTAL ENTITIES AND PRIVATE
ENTITIES IN RECOGNIZING ONLINE VIOLENT
EXTREMIST CONTENT.
(a) Assistance To Recognize Online Violent Extremist
Content.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence
shall publish on a publicly available Internet website a list
of all logos, symbols, insignia, and other markings commonly
associated with, or adopted by, an organization designated by
the Secretary of State as a foreign terrorist organization
under section 219(a) of the Immigration and Nationality Act
(8 U.S.C. 1189(a)).
(b) Updates.--The Director shall update the list published
under subsection (a) every 180 days or more frequently as
needed.
Subtitle B--Central Intelligence Agency and Other Elements
SEC. 411. ENHANCED DEATH BENEFITS FOR PERSONNEL OF THE
CENTRAL INTELLIGENCE AGENCY.
Section 11 of the Central Intelligence Agency Act of 1949
(50 U.S.C. 3511) is amended to read as follows:
``benefits available in event of the death of personnel
``Sec. 11. (a) Authority.--The Director may pay death
benefits substantially similar to those authorized for
members of the Foreign Service pursuant to the Foreign
Service Act of 1980 (22 U.S.C. 3901 et seq.) or any other
provision of law. The Director may adjust the eligibility for
death benefits as necessary to meet the unique requirements
of the mission of the Agency.
``(b) Regulations.--Regulations issued pursuant to this
section shall be submitted to the Permanent Select Committee
on Intelligence of the House of Representatives and the
Select Committee on Intelligence of the Senate before such
regulations take effect.''.
SEC. 412. PAY AND RETIREMENT AUTHORITIES OF THE INSPECTOR
GENERAL OF THE CENTRAL INTELLIGENCE AGENCY.
(a) In General.--Section 17(e)(7) of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 3517(e)(7)) is
amended by adding at the end the following new subparagraph:
``(C)(i) The Inspector General may designate an officer or
employee appointed in accordance with subparagraph (A) as a
law enforcement officer solely for purposes of subchapter III
of chapter 83 or chapter 84 of title 5, United States Code,
if such officer or employee is appointed to a position with
responsibility for investigating suspected offenses against
the criminal laws of the United States.
``(ii) In carrying out clause (i), the Inspector General
shall ensure that any authority under such clause is
exercised in a manner consistent with section 3307 of title
5, United States Code, as it relates to law enforcement
officers.
[[Page H2900]]
``(iii) For purposes of applying sections 3307(d), 8335(b),
and 8425(b) of title 5, United States Code, the Inspector
General may exercise the functions, powers, and duties of an
agency head or appointing authority with respect to the
Office.''.
(b) Rule of Construction.--Subparagraph (C) of section
17(e)(7) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 3517(e)(7)), as added by subsection (a), may not be
construed to confer on the Inspector General of the Central
Intelligence Agency, or any other officer or employee of the
Agency, any police or law enforcement or internal security
functions or authorities.
SEC. 413. CLARIFICATION OF AUTHORITY, DIRECTION, AND CONTROL
OVER THE INFORMATION ASSURANCE DIRECTORATE OF
THE NATIONAL SECURITY AGENCY.
Section 142(b)(1) of title 10, United States Code, is
amended--
(1) in subparagraph (B), by striking the semicolon and
inserting ``; and'';
(2) in subparagraph (C), by striking ``; and'' and
inserting a period; and
(3) by striking subparagraph (D).
SEC. 414. LIVING QUARTERS ALLOWANCE FOR EMPLOYEES OF THE
DEFENSE INTELLIGENCE AGENCY.
(a) Prohibition.--Notwithstanding sections 1603 and 1605 of
title 10, United States Code, and subchapter III of chapter
59 of title 5, a civilian employee of the Defense
Intelligence Agency who is assigned to a directorate of a
geographic combatant command that is headquartered outside of
the United States may not receive a living quarters
allowance.
(b) Application.--Subsection (a) shall apply with respect
to a pay period beginning on or after the date that is one
year after the date of the enactment of this Act.
SEC. 415. PLAN ON ASSUMPTION OF CERTAIN WEATHER MISSIONS BY
THE NATIONAL RECONNAISSANCE OFFICE.
(a) Plan.--
(1) In general.--The Director of the National
Reconnaissance Office shall develop a plan for the National
Reconnaissance Office to address how to carry out covered
space-based environmental monitoring missions. Such plan
shall include--
(A) a description of the related national security
requirements for such missions;
(B) a description of the appropriate manner to meet such
requirements; and
(C) the amount of funds that would be necessary to be
transferred from the Air Force to the National Reconnaissance
Office during fiscal years 2018 through 2022 to carry out
such plan.
(2) Activities.--In developing the plan under paragraph
(1), the Director may conduct pre-acquisition activities,
including with respect to requests for information, analyses
of alternatives, study contracts, modeling and simulation,
and other activities the Director determines necessary to
develop such plan.
(3) Submission.--Not later than the date on which the
President submits to Congress the budget for fiscal year 2018
under section 1105(a) of title 31, United States Code, the
Director shall submit to the appropriate congressional
committees the plan under paragraph (1).
(b) Independent Cost Estimate.--The Director of the Cost
Assessment Improvement Group of the Office of the Director of
National Intelligence, in coordination with the Director of
Cost Assessment and Program Evaluation of the Department of
Defense, shall certify to the appropriate congressional
committees that the amounts of funds identified under
subsection (a)(1)(C) as being necessary to transfer are
appropriate and include funding for positions and personnel
to support program office costs.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional intelligence committees; and
(B) the congressional defense committees (as defined in
section 101(a)(16) of title 10, United States Code).
(2) The term ``covered space-based environmental monitoring
missions'' means the acquisition programs necessary to meet
the national security requirements for cloud characterization
and theater weather imagery.
SEC. 416. MODERNIZATION OF SECURITY CLEARANCE INFORMATION
TECHNOLOGY ARCHITECTURE.
(a) In General.--The Director of National Intelligence
shall support the Director of the Office of Personnel
Management and the Secretary of Defense in the efforts of the
Secretary to develop and implement an information technology
system (in this section referred to as the ``System'') to--
(1) modernize and sustain the security clearance
information architecture of the National Background
Investigations Bureau and the Department of Defense;
(2) support decisionmaking processes for the evaluation and
granting of personnel security clearances;
(3) improve cybersecurity capabilities with respect to
sensitive security clearance data and processes;
(4) reduce the complexity and cost of the security
clearance process;
(5) provide information to managers on the financial and
administrative costs of the security clearance process;
(6) strengthen the ties between counterintelligence and
personnel security communities; and
(7) improve system standardization in the security
clearance process.
(b) Guidance.--The Director of National Intelligence shall
support the Director of the Office of Personnel Management
and the Secretary of Defense in the efforts of the Director
of the Office of Personnel Management and the Secretary to
issue guidance establishing the respective roles,
responsibilities, and obligations of the Director of the
Office of Personnel Management, the Secretary, and the
Director of National Intelligence, with respect to the
development and implementation of the System.
TITLE V--MATTERS RELATING TO UNITED STATES NAVAL STATION, GUANTANAMO
BAY, CUBA
SEC. 501. DECLASSIFICATION OF INFORMATION ON PAST TERRORIST
ACTIVITIES OF DETAINEES TRANSFERRED FROM UNITED
STATES NAVAL STATION, GUANTANAMO BAY, CUBA,
AFTER SIGNING OF EXECUTIVE ORDER 13492.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Director of National
Intelligence shall--
(1) in the manner described in the classified annex that
accompanies this Act--
(A) complete a declassification review of intelligence
reports prepared by the National Counterterrorism Center
prior to Periodic Review Board sessions or detainee transfers
on the past terrorist activities of individuals detained at
United States Naval Station, Guantanamo Bay, Cuba, who were
transferred or released from United States Naval Station,
Guantanamo Bay, Cuba, after the signing of Executive Order
13492 (relating to the closure of the detention facility at
United States Naval Station, Guantanamo Bay, Cuba); and
(B) make available to the public any information
declassified as a result of the declassification review; and
(2) submit to the congressional intelligence committees a
report setting forth--
(A) the results of the declassification review; and
(B) if any information covered by the declassification
review was not declassified pursuant to the review, a
justification for the determination not to declassify such
information.
(b) Past Terrorist Activities.--For purposes of this
section, the past terrorist activities of an individual shall
include the terrorist activities conducted by the individual
before the transfer of the individual to the detention
facility at United States Naval Station, Guantanamo Bay,
Cuba, including, at a minimum, the following:
(1) The terrorist organization, if any, with which
affiliated.
(2) The terrorist training, if any, received.
(3) The role in past terrorist attacks against the
interests or allies of the United States.
(4) The direct responsibility, if any, for the death of
citizens of the United States or members of the Armed Forces.
(5) Any admission of any matter specified in paragraphs (1)
through (4).
TITLE VI--REPORTS AND OTHER MATTERS
SEC. 601. REPORT ON INTELLIGENCE COMMUNITY EMPLOYEES DETAILED
TO NATIONAL SECURITY COUNCIL.
Not later than 60 days after the date of the enactment of
this Act, the Director of National Intelligence shall submit
to the congressional intelligence committees a report
listing, by year, the number of employees of an element of
the intelligence community who have been detailed to the
National Security Council during the 10-year period preceding
the date of the report.
SEC. 602. INTELLIGENCE COMMUNITY REPORTING TO CONGRESS ON
FOREIGN FIGHTER FLOWS.
(a) Reports Required.--Not later than 60 days after the
date of the enactment of this Act, and every 180 days
thereafter, the Director of National Intelligence, consistent
with the protection of intelligence sources and methods,
shall submit to the appropriate congressional committees a
report on foreign fighter flows to and from terrorist safe
havens abroad.
(b) Contents.--Each report submitted under subsection (a)
shall include, with respect to each terrorist safe haven, the
following:
(1) The total number of foreign fighters who have traveled
or are suspected of having traveled to the terrorist safe
haven since 2011, including the countries of origin of such
foreign fighters.
(2) The total number of United States citizens present in
the terrorist safe haven.
(3) The total number of foreign fighters who have left the
terrorist safe haven or whose whereabouts are unknown.
(c) Form.--The reports submitted under subsection (a) may
be submitted in classified form. If such a report is
submitted in classified form, such report shall also include
an unclassified summary.
(d) Sunset.--The requirement to submit reports under
subsection (a) shall terminate on the date that is two years
after the date of the enactment of this Act.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) in the Senate--
(A) the Committee on Armed Services;
(B) the Select Committee on Intelligence;
(C) the Committee on the Judiciary;
(D) the Committee on Homeland Security and Governmental
Affairs;
(E) the Committee on Banking, Housing, and Urban Affairs;
[[Page H2901]]
(F) the Committee on Foreign Relations; and
(G) the Committee on Appropriations; and
(2) in the House of Representatives--
(A) the Committee on Armed Services;
(B) the Permanent Select Committee on Intelligence;
(C) the Committee on the Judiciary;
(D) the Committee on Homeland Security;
(E) the Committee on Financial Services;
(F) the Committee on Foreign Affairs; and
(G) the Committee on Appropriations.
SEC. 603. REPORT ON INFORMATION RELATING TO ACADEMIC
PROGRAMS, SCHOLARSHIPS, FELLOWSHIPS, AND
INTERNSHIPS SPONSORED, ADMINISTERED, OR USED BY
THE INTELLIGENCE COMMUNITY.
(a) Report.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence
shall submit to Congress a report by the intelligence
community regarding covered academic programs. Such report
shall include--
(1) a description of the extent to which the Director and
the heads of the elements of the intelligence community
independently collect information on covered academic
programs, including with respect to--
(A) the number of applicants for such programs;
(B) the number of individuals who have participated in such
programs; and
(C) the number of individuals who have participated in such
programs and were hired by an element of the intelligence
community after completing such program;
(2) to the extent that the Director and the heads
independently collect the information described in paragraph
(1), a chart, table, or other compilation illustrating such
information for each covered academic program and element of
the intelligence community, as appropriate, during the three-
year period preceding the date of the report; and
(3) to the extent that the Director and the heads do not
independently collect the information described in paragraph
(1) as of the date of the report--
(A) whether the Director and the heads can begin collecting
such information during fiscal year 2017; and
(B) the personnel, tools, and other resources required by
the Director and the heads to independently collect such
information.
(b) Covered Academic Programs Defined.--In this section,
the term ``covered academic programs'' means--
(1) the Federal Cyber Scholarship-for-Service Program under
section 302 of the Cybersecurity Enhancement Act of 2014 (15
U.S.C. 7442);
(2) the National Security Education Program under the David
L. Boren National Security Education Act of 1991 (50 U.S.C.
1901 et seq.);
(3) the Science, Mathematics, and Research for
Transformation Defense Education Program under section 2192a
of title 10, United States Code;
(4) the National Centers of Academic Excellence in
Information Assurance and Cyber Defense of the National
Security Agency and the Department of Homeland Security; and
(5) any other academic program, scholarship program,
fellowship program, or internship program sponsored,
administered, or used by an element of the intelligence
community.
SEC. 604. REPORT ON CYBERSECURITY THREATS TO SEAPORTS OF THE
UNITED STATES AND MARITIME SHIPPING.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Homeland
Security for Intelligence and Analysis, in consultation with
the Director of National Intelligence, and consistent with
the protection of sources and methods, shall submit to the
appropriate congressional committees a report on the
cybersecurity threats to, and the cyber vulnerabilities
within, the software, communications networks, computer
networks, or other systems employed by--
(1) entities conducting significant operations at seaports
in the United States;
(2) the maritime shipping concerns of the United States;
and
(3) entities conducting significant operations at
transshipment points in the United States.
(b) Matters Included.--The report under subsection (a)
shall include the following:
(1) A description of any recent and significant
cyberattacks or cybersecurity threats directed against
software, communications networks, computer networks, or
other systems employed by the entities and concerns described
in paragraphs (1) through (3) of subsection (a).
(2) An assessment of--
(A) any planned cyberattacks directed against such
software, networks, and systems;
(B) any significant vulnerabilities to such software,
networks, and systems; and
(C) how such entities and concerns are mitigating such
vulnerabilities.
(3) An update on the status of the efforts of the Coast
Guard to include cybersecurity concerns in the National
Response Framework, Emergency Support Functions, or both,
relating to the shipping or ports of the United States.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional intelligence committees; and
(2) the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate.
SEC. 605. REPORT ON COUNTER-MESSAGING ACTIVITIES.
(a) Report.--Not later than 60 days after the date of the
enactment of this Act, the Under Secretary of Homeland
Security for Intelligence and Analysis, consistent with the
protection of sources and methods, shall submit to the
appropriate congressional committees a report on the counter-
messaging activities of the Department of Homeland Security
with respect to the Islamic State and other extremist groups.
(b) Elements.--The report under subsection (a) shall
include the following:
(1) A description of whether, and to what extent, the
Secretary of Homeland Security, in conducting counter-
messaging activities with respect to the Islamic State and
other extremist groups, consults or coordinates with the
Secretary of State, regarding the counter-messaging
activities undertaken by the Department of State with respect
to the Islamic State and other extremist groups, including
counter-messaging activities conducted by the Global
Engagement Center of the Department of State.
(2) Any criteria employed by the Secretary of Homeland
Security for selecting, developing, promulgating, or changing
the counter-messaging approach of the Department of Homeland
Security, including any counter-messaging narratives, with
respect to the Islamic State and other extremist groups.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional intelligence committees; and
(2) the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate.
SEC. 606. REPORT ON REPRISALS AGAINST CONTRACTORS OF THE
INTELLIGENCE COMMUNITY.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Inspector General of the
Intelligence Community, consistent with the protection of
sources and methods, shall submit to the appropriate
congressional committees a report on reprisals made against
covered contractor employees.
(b) Elements.--The report under subsection (a) shall
include the following:
(1) Identification of the number of known or suspected
reprisals made against covered contractor employees during
the five-year period preceding the date of the report.
(2) An evaluation of the usefulness of establishing in law
a prohibition on reprisals against covered contractor
employees as a means of encouraging such contractors to make
protected disclosures.
(3) A description of any challenges associated with
establishing in law such a prohibition, including with
respect to the nature of the relationship between the Federal
Government, the contractor, and the covered contractor
employee.
(4) A description of any approaches taken by the Federal
Government to account for reprisals against non-intelligence
community contractors who make protected disclosures,
including pursuant to section 2409 of title 10, United States
Code, and sections 4705 and 4712 of title 41, United States
Code.
(5) Any recommendations the Inspector General determines
appropriate.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional intelligence committees; and
(B) the Committee on Oversight and Government Reform of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate.
(2) The term ``covered contractor employee'' means an
employee of a contractor of an element of the intelligence
community.
(3) The term ``reprisal'' means the discharge, demotion, or
other discriminatory personnel action made against a covered
contractor employee for making a disclosure of information
that would be a disclosure protected by law if the contractor
were an employee of the Federal Government.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Nunes) and the gentleman from California (Mr. Schiff)
each will control 20 minutes.
The Chair recognizes the gentleman from California (Mr. Nunes).
General Leave
Mr. NUNES. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and include
extraneous material on the bill, H.R. 5077.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. NUNES. Mr. Speaker, I yield myself such time as I may consume.
Passing an annual intelligence authorization bill is the most
important tool Congress has to conduct effective oversight of the
intelligence activities of the U.S. Government. Today, Ranking Member
Schiff and I are bringing the seventh consecutive intelligence
[[Page H2902]]
authorization bill to the floor. I am pleased to say that, as in past
years, this bill is a bipartisan product that reflects the
contributions of all of the committee's members. It was reported out of
the committee by a unanimous voice vote.
Because most of the intelligence budget involves highly classified
programs, the bulk of the committee's schedule of authorization and
direction are found in the classified annex to the bill. The classified
annex has been available in HVC-304 for all Members to review since
Friday, April 29.
At the unclassified level, I can report that the overall funding
authorized by this bill is slightly above the President's budget
request, but still below last year's enacted level. The overall funding
is also consistent with the Bipartisan Budget Act of 2015. Furthermore,
the bill funds the Military Intelligence Program in line with the
levels of the House-passed National Defense Authorization Act for
Fiscal Year 2017.
The bill funds high-priority initiatives not included in the
President's request, trims requested increases that lack clear
justifications, and reflects the committee's determinations of which
programs represent the best value for intelligence dollars in a
challenging budget environment.
Mr. Speaker, today the threat level facing America is higher than at
any time since 9/11. ISIL has established safe havens in Syria, Iraq,
and Libya, and the group hopes to create caliphates stretching from
Lebanon to Iraq, including Jordan and Israel. The goal of our
counterterrorism strategy should be to deny safe havens from which
terrorists can plot attacks against the United States and our allies.
Regrettably, we have not prevented ISIL from establishing a safe haven,
and the group has become skilled at hiding from Western intelligence
services. ISIL members have used that breathing room to plan attacks in
Europe, North Africa, and the Middle East, and they are undoubtedly
planning attacks against the homeland here in the United States.
This bill will ensure that the dedicated men and women of our
intelligence community have the funding, authorities, and support they
need to carry out their mission and to keep us safe.
Before closing, I want to take a moment to thank the men and women of
this country who serve in our intelligence community. I am honored to
get to know so many of them in the course of the committee's oversight
work.
I would like to thank all of the committee's members--majority and
minority--for their contributions to our oversight over the past year,
and especially our subcommittee chairmen and ranking members for their
expertise on the programs within their subcommittees' jurisdiction. The
many hearings, briefings, and oversight visits our members carry out
during the year provide the inputs for the authorization and direction
in this annual bill.
I would also like to thank the staff of the committee for their hard
work on the bill and for their daily oversight of the intelligence
community.
In particular, I would like to thank Shannon Stuart, Nick Ciarlante,
Scott Glabe, Bill Flanigan, Lisa Major, Geof Kahn, Chelsey Campbell,
Andrew House, Doug Presley, Steve Keith, George Pappas, Jack Langer,
Crystal Weeks, Jake Crisp, and Diane Rinaldo. I would also like to
thank our two fellows from the Los Alamos National Laboratory, Alex
Kent and Philip Tubesing. All of these staff members spent long hours
working on the legislative text and its classified annex, and the bill
is stronger for it.
Mr. Speaker, I urge passage of H.R. 5077, as amended.
I reserve the balance of my time.
House of Representatives,
Committee on Homeland Security,
Washington, DC, May 20, 2016.
Hon. Devin Nunes,
Chairman, Permanent Select Committee on Intelligence,
Washington, DC.
Dear Chairman Nunes: I am writing to you concerning the
jurisdictional interest of the Committee on Homeland Security
in H.R. 5077, the ``Intelligence Authorization Act for Fiscal
Year 2016.'' The bill includes provisions that fall within
the jurisdiction of the Committee on Homeland Security.
I recognize and appreciate the desire to bring this
legislation before the House of Representatives in an
expeditious manner, and accordingly, the Committee on
Homeland Security will forego action on this bill. However,
this is conditional based on our mutual understanding that
foregoing consideration of H.R. 5077 at this time does not
prejudice this Committee with respect to the appointment of
conferees or any fixture jurisdictional claim over the
subject matter contained in this bill or similar legislation.
This waiver is also given with the understanding that the
Committee on Homeland Security expressly reserves its
authority to seek conferees on any provision within its
jurisdiction during any House-Senate conference that may be
convened on this or any similar legislation, and requests
your support for such a request.
I would appreciate your response to this letter confirming
this understanding with respect to H.R. 5077, and ask that a
copy of this letter and your response be included in the
Congressional Record during consideration of this bill on the
House floor. I look forward to working with the Permanent
Select Committee on Intelligence as this bill moves through
the legislative process.
Sincerely,
Michael T. McCaul,
Chairman.
____
House of Representatives, Permanent Select Committee on
Intelligence, Washington, DC, May 23, 2016.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security, Washington, DC.
Dear Chairman McCaul: Thank you for your letter regarding
H.R. 5077, the Intelligence Authorization Act for Fiscal Year
2017. As you noted, certain provisions of the bill are
related to the jurisdictional interests of the Committee on
Homeland Security. I agree that your letter in no way
diminishes or alters the jurisdiction of the Committee on the
Homeland Security with respect to the appointment of
conferees or any future jurisdictional claim over the subject
matters contained in the bill or any similar legislation.
I appreciate your willingness to assist in expediting this
legislation for floor consideration. I will include a copy of
your letter and this response in the Congressional Record
during consideration of the legislation on the House floor.
Thank you for your assistance with this matter.
Sincerely,
Devin Nunes,
Chairman.
Mr. SCHIFF. Mr. Speaker, I yield myself such time as I may consume.
First, I would like to thank Chairman Nunes, who has once again
proven an invaluable partner on the Permanent Select Committee on
Intelligence.
The Intelligence Authorization Act for Fiscal Year 2017 is the fourth
major piece of bipartisan legislation that we advanced together in less
than 18 months. That is no small feat. Working together, we have proven
yet again what this body can achieve when the country's interests are
put first: solving real problems for each and every American, as well
as for people around the world; supporting the men and women of the
largest and most capable intelligence community--who work day and night
to keep us safe--while ensuring strict oversight of even the most
highly classified activities.
Chairman Nunes and I do not agree on everything, nor should we. We
have different perspectives and speak for an even broader group of
Representatives in the body as a whole. There are provisions I wish had
been in this bill and some I wish were not in the bill. I know my
majority colleagues feel the same way about other provisions. I also
believe we could have done this bill under a more open rule. But
because we all rolled up our sleeves and worked together, the bill
before us today is an exceptional work product, and I am very proud to
support it.
It is also an honest bill. There are no budget gimmicks to evade
spending commitments. While the bill contains a classified annex and
schedule of authorizations, each and every page has been available, and
will remain available, to every Member for review.
This bill also reaffirms one of my core convictions, borne out by the
other three bills our committee has passed: that privacy and security
can and must coexist.
The bill funds and authorizes vital programs and activities of the
U.S. intelligence community, including the Department of Defense
intelligence elements. At the same time, the IAA's several hundred
pages provide detailed guidance, strict authorization, and clear
limitations on the IC's activities.
Turning to more specifics, this year's IAA authorizes intelligence
funding nearly equivalent to the President's budget request, which is
about the same level as fiscal year 2016's enacted budget level. The
base budget authorization is nearly equal to the President's request,
and the overseas contingency operations authorization is roughly 1.5
percent above the request.
[[Page H2903]]
The bill trims some unnecessary funding and reprioritizes resource
allocations, adds money to underfunded programs, and provides
congressional direction to ensure greater accountability, transparency,
and efficiency within the IC. It also fences, or restricts the spending
of, significant amounts of money to better ensure continuous IC
accountability throughout the year.
The IAA also addresses the key strategic questions that we have been
asking over the course of the year: First, are we focusing too much on
the threats of the day at the expense of the threats of tomorrow?
We do not have the luxury of choosing our challenges. Over the years,
we have spent significant resources on counterterrorism priorities in
the Middle East and South Asia, and, of course, we must continue to
focus on counterterrorism, particularly with the enduring threat of
ISIL.
But at the same time, we cannot disregard our near-peer competitors,
such as China and Russia, whose increasing adventurism challenges our
interests and influence abroad and threatens our allies and partners. I
am pleased this year's IAA strikes a better balance between the near-
term threats and longer term challenges that we face.
Second, are we sufficiently protecting what we currently have,
whether in space, at sea, or in the cyber realm?
Our space, cyber, and sea assets are the most advanced in the world,
but unless we are careful, they will become increasingly vulnerable. To
better secure them, this bill wisely invests in cyber and supply chain
security, as well as in resilience and other means of protection.
Third, are we leveraging commercial products and services while, at
the same time, making investments in revolutionary technologies that do
not yet have commercial application?
We have the world's most productive and innovative private sector,
particularly when it comes to space. We must leverage and support it
wherever we can, which I am pleased the IAA does. At the same time,
this bill recognizes that government must invest in the most advanced,
game-changing technologies that do not yet have a market.
Fourth, are we recruiting, training, and developing the most
effective and diverse workforce, as well as leveraging foreign
intelligence relationships and building foreign partner capacity?
The U.S. has the most advanced, capable, and reliable intelligence
community in the world. Wherever I travel, I am continually impressed
and inspired when I meet these brave and talented women and men. This
bill identifies ways to further support and improve the workforce by
expanding diversity in the IC, promoting travel, and supporting
language training. It also provides critical support to build the
capacity of foreign partner services and does so strategically, in a
way that helps ensure the utmost professionalism and respect for the
rule of law.
As is the case in nearly all legislation, as I mentioned at the
outset, this bill is not perfect.
For years, I have pushed the administration and Congress to support
the publication of an annual report on the number of combatants and
noncombatants killed in lethal strikes. Despite our best efforts to
ensure to a near certainty that no civilians will be killed or injured,
sometimes strikes do result in civilian casualties, and it is important
that we acknowledge these accidents, learn from them, and be open about
them. At the same time, greater transparency can help narrow the
perception gap between what really happens and what is reported or sent
out as propaganda.
Soon, the administration will release the first accountability report
on noncombatant casualties and injuries. This is a good thing. But I
also believe that there is a value and a statutory requirement to make
this executive action permanent, ensuring that our commitment to
transparency extends beyond the term of the current administration.
This is an issue that I believe the IAA or NDAA should have addressed,
and I will continue to work with my colleagues to push for this change
to be codified into law.
As I said at the outset, this bill is truly bipartisan, carefully
refined, and an honest effort to secure our Nation while safeguarding
privacy and civil liberties. I am proud to support this year's
Intelligence Authorization Act, and I urge my colleagues to do the
same.
Once again, I want to thank Chairman Nunes and all of the members of
HPSCI. I look forward to working with the Senate, the administration,
and with all my colleagues throughout the remainder of this Congress to
further improve the bill as it progresses to the President's desk.
Mr. Speaker, I reserve the balance of my time.
Mr. NUNES. Mr. Speaker, I yield 3 minutes to the gentleman from Utah
(Mr. Stewart).
Mr. STEWART. Mr. Speaker, I thank the chairman for allowing me to
speak in support of the Intelligence Authorization Act.
Fifteen years or so ago, I was piloting the B-1, which is one of the
most sophisticated aircraft or weapons systems ever developed. At the
time, I was preparing to take on the global threats that we were
dealing with, but I was reminded that we live in a dangerous world and
that the fundamental responsibility of the Federal Government is to
protect Americans and to provide for our mutual defense.
In the many years since then, I would argue that our Nation faces
even greater threats than those I faced during the times that I flew in
the Air Force.
{time} 1530
Russia is, again, increasing its role in Eurasia through formulating
strategic partnerships, co-opting local officials, and utilizing its
military to establish strongholds in ways we really haven't seen since
the height of the cold war.
China has dramatically expanded its militaristic sphere in the South
China Sea and in other locations.
Rogue states like Iran and North Korea continue to develop and expand
their weapons of mass destruction programs.
And, of course, there is always the Middle East, a thing that we
often think about and that we spend so much time worrying about, that
requires so much of our resources.
It is only through the intelligence community that we are able to
identify and then respond to these threats. In fact, as we all know,
just yesterday we learned of a U.S. air strike that killed Mullah
Mansoor, the head of the Taliban. Successful operations like this are
made possible because of the great work of our intelligence community.
That is why we must pass the Intelligence Authorization Act. This
bill continues to authorize critical national security programs at a
time when we face the most significant threat levels since World War
II.
In my travels around the world, I have this great blessing of working
with members from the intelligence community. I see what they do is
dangerous. It is exhausting. It is the dirty work down in the trenches,
but it is critical to our national security.
That is why I ask my colleagues to join with me in supporting this
important legislation.
Mr. SCHIFF. Mr. Speaker, I yield 2 minutes to the gentleman from
California (Mr. Swalwell), who is one of our subcommittee ranking
members.
Mr. SWALWELL of California. Mr. Speaker, I thank my esteemed
colleague, the ranking member from California, for yielding the time
today, and for leading and presiding on our side over this bill.
I would also like to thank the staff on both sides for their hard
work on this year's Intelligence Authorization Act, or the IAA.
I also appreciate the opportunity to stand here in support of this
year's bipartisan IAA. We ask a lot of our intelligence community when
it comes to collaboration. When they collaborate, they best keep us
safe. What we are doing today is we are sending to the floor a bill
that reflects our own collaboration and shows that what we expect of
them, we can also deliver to the House floor.
I am pleased that this bill promotes our national security around the
globe and, in particular, our human intelligence capabilities, which
still, I believe, remain at risk and could benefit from an even greater
focus within the IC.
I am also pleased that the IAA includes, as a stand-alone provision,
the
[[Page H2904]]
Tracking Foreign Fighters in Terrorist Safe Havens Act that
Representative LoBiondo and I brought to the floor earlier this year,
which passed the House unanimously and helps track the foreign fighter
flows to and from terrorist safe havens abroad, a growing problem in
today's world.
This year's IAA committee report also includes a provision I added
requiring a report from the Office of the Director of National
Intelligence, analyzing the status of student loan forgiveness and debt
counseling programs across the IC and the viability of IC-wide
programs. As student debt continues to cripple this generation, we must
determine the best incentive packages available to young intelligence
officers abroad and here at home in order to continue to recruit and
retain the best, brightest, and most diverse to public service,
regardless of their financial situation because they went to college.
I am also pleased that this bill calls for a report from the
Department of Homeland Security and the Department of Energy on their
current utilization of national labs expertise, and opportunities for
areas of expansion. My own congressional district is home to two of
these labs--Lawrence Livermore and Sandia. I have seen firsthand how
they work to strengthen our national security. Just as we must train
and retain the best and brightest of the IC, we must continue to
leverage the great talent found in our national labs.
I encourage all of our Members to support this year's collaborative
bipartisan IAA.
Mr. NUNES. Mr. Speaker, I continue to reserve the balance of my time.
Mr. SCHIFF. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Alabama (Ms. Sewell), also one of our subcommittee ranking members.
Ms. SEWELL of Alabama. Mr. Speaker, I rise today to support this
year's Intelligence Authorization Act.
Our national security is truly a bipartisan issue, and this
legislation is a reflection of both parties' shared commitment to the
safety and security of all Americans. This bill helps provide our
intelligence community with the necessary resources and capabilities to
defend our Nation against ongoing and emerging threats around the
world.
As a ranking member on the DOD Intelligence and Overhead Architecture
Subcommittee, I am pleased that the language and direction in this bill
continues to advance our capabilities on the ground and in space, and
provides necessary oversight of many critical DOD, NRO, and NGA
programs. Additionally, this legislation takes important steps towards
enhancing thorough oversight of our surveillance capabilities while
continuing to make calculated investments in critically important
strategic efforts.
In the IAA, we also invest in our greatest national resource--our
people. By accepting provisions that I drafted to promote diversity in
the IC workforce, we are now able to provide a summer internship
program to students from the existing Centers of Academic Excellence.
We also now hold the IC more accountable for doing a better job of
developing a matrix to assess how minority fellowship and internship
programs actually achieve their desired results.
This past weekend I had the pleasure, along with Congressman Andre
Carson, to attend and be honored at the 3rd Annual African American
National Security and Intelligence Leadership Summit. This annual event
serves as a rare opportunity for African Americans in the IC to gain
leadership insights from top national security officials. It was also a
great occasion and further reaffirmed my commitment to helping ensure
robust diversity throughout the entire IC.
We were also successful in this year's IAA to include bipartisan
language that promotes accountability and transparency in all IC
federally funded academic programs by requiring agencies to report on
their recruitment and retention efforts. Increasing diversity and
accountability in the IC is a good governance issue and makes all of us
better because it ensures unique and creative ways of problem-solving,
which is increasingly necessary as we face more complex intelligence
challenges.
As a committee, I am extremely proud of the work we did. We took
great pains to cut unnecessary funding while prioritizing the need to
improve upon processes and promote efficiencies in the IC. The reality
is that we live in a world where potential threats to our Nation are
constantly developing and changing. As our military missions and
intelligence objectives continue to evolve, we need an intelligence
community that is diverse, agile, and adequately funded.
I am proud to support this year's Intelligence Authorization Act. I
want to commend my chairman and ranking member and all of the staff for
all of their hard work on this bill.
I urge my colleagues to support this critically important piece of
legislation.
Mr. NUNES. Mr. Speaker, I continue to reserve the balance of my time.
Mr. SCHIFF. Mr. Speaker, I yield 2 minutes to the gentleman from
Connecticut (Mr. Himes), also a subcommittee ranking member, and one of
the leaders on many issues in the committee but, in particular, on
privacy issues related to the Privacy and Civil Liberties Oversight
Board.
Mr. HIMES. Mr. Speaker, I would like to start by thanking the
chairman and the ranking member of the committee for the terrific,
open, and bipartisan process that led to the adoption of this bill in
committee, and urge my colleagues here in this room to support it.
I would also like to add my plaudits and thanks to staff on both
sides of the aisle without whom this would never have been possible.
I support this bill because, most importantly, it well funds the
remarkable work of our intelligence community in all that they do
against the ongoing and all-too-present threats of terrorism and all
that they do in keeping us apprised and keeping our options available
to address the many threats that face, or could face, this Nation
coming out of places like Russia, North Korea, Iran, and plenty of
other locales around the world.
At the same time, and critical for my own support, this bill is
supportive of the essential activities that the intelligence community
and that we must do to preserve and defend the civil liberties that are
so important to us and, even more importantly, the values, the values
embodied in this country that, at the end of the day, are the
qualitative difference between this country and our adversaries.
Mr. Speaker, I would note, in particular, some conversation came up,
as the ranking member alluded to, with respect to the President's
Privacy and Civil Liberties Oversight Board. In committee, I stressed
that this is one of a couple of groups that provide oversight for these
terribly important activities. When you think about it, internally
there are the inspector generals and the checks within the executive
agency; there are a couple of dozen Members and Senators of Congress
who provide some oversight; and then there is this outside group which
produces opinions, which have been cited in FISA court opinions, which
have been cited by the amicus that was set up as a result of the good
work of this body in doing the USA Freedom Act. I will continue to say
that it is an important part of the overall intelligence community.
Maintaining this balance between our national security, which is
critical, and, again, those values, which are the qualitative
difference that we have with our adversaries, is important. It is
enshrined in this bill, and I am delighted to offer my support.
Mr. NUNES. Mr. Speaker, I continue to reserve the balance of my time.
Mr. SCHIFF. Mr. Speaker, I yield 2 minutes to the gentleman from
Illinois (Mr. Quigley), another one of the leaders on the committee.
Mr. QUIGLEY. Mr. Speaker, I want to join the chorus in thanking the
staff on both sides of the aisle, and the ranking member and the
chairman for their extraordinary work in support of the Intelligence
Authorization Act. Indeed, it is something of a model for how we can
work on a bipartisan basis.
This year's Intelligence Authorization Act provides funding and
oversight to vital collection and analysis programs. It also provides
guidance of how best to support and leverage our partners and allies,
which is critical in the world of shrinking budgets and ever-increasing
threats.
Specifically, I am pleased that the IAA continues to support security
services in Ukraine. I have long advocated
[[Page H2905]]
for U.S. assistance to Ukraine given the strategic relationship and
shared value between our two countries.
Russia remains a significant threat to its neighbors and to the U.S.
Bolstering our partners in Eastern Europe is one key way to check
Russia's increasing adventurism.
Looking ahead, we must stay focused on this threat and continue to
focus on our national security programs at home. We cannot simply allow
ourselves to get lulled into a false sense of security simply because
of lack of information about specific threats against soft targets like
stadiums and airports.
Since 9/11, we have made significant and important enhancements to
U.S. intelligence capabilities, but that was 15 years ago. We must
continuously reassess our risks and take appropriate steps to stop
terrorist attacks before they occur.
Mr. NUNES. Mr. Speaker, I continue to reserve the balance of my time.
Mr. SCHIFF. Mr. Speaker, I yield myself such time as I may consume.
In closing, to describe the world as dangerous is not an
overstatement or a political statement--it is a reality.
Thankfully, we have the world's most talented, capable, and committed
intelligence community to warn and defend us. From leaders like
Director Clapper, who has served this Nation exceptionally for more
than 5 decades, to those men and women just beginning their careers in
intelligence; from case officers to analysts; support and logistics
personnel to inspectors general; from acquisition professionals to
lawyers; seismologists to cryptologists; from mathematicians to
linguists; particle physicists to special forces; to all in the IC: You
have our most sincere thanks and admiration.
I again thank Chairman Nunes, for his leadership, his hard work, and
his commitment to bipartisanship.
To my majority and minority colleagues, I thank you for your
unwavering commitment to conduct rigorous and continuous oversight of
the IC that helps protect our country as well as our privacy and civil
liberties.
And I thank our excellent committee staff, including on the
Democratic side, Carly Blake, Linda Cohen, Bob Minehart, Amanda Rogers
Thorpe, Wells Bennett, Rheanne Wirkkala, Thomas Eager, as well as our
shared staff, Kristin Jepson, Brandon Smith, and Kevin Klein. I also
want to thank my staff director, Michael Bahar, deputy staff director,
Tim Bergreen, and Patrick Boland.
I urge my colleagues to support this critically important bipartisan
bill, and I look forward to improving it further on its way to becoming
law.
Mr. Speaker, I yield back the balance of my time.
Mr. NUNES. Mr. Speaker, I yield myself such time as I may consume.
In closing, I want to thank all of the members of our committee, and,
again, thank the staff from both the minority and the majority side.
As Mr. Quigley said, it would not be possible if it wasn't for the
strong Member involvement and engagement that makes a bipartisan work
product like this, gives it the ability to come to the House floor, and
to be passed overwhelmingly on a bipartisan basis. So I want to thank
all of the members on my committee from both sides for their active
participation. As the ranking member said, we will continue to try to
make this product better; we will work out our differences with the
Senate; and hopefully by the end of the year, we will have a product
that we can all be proud of.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Nunes) that the House suspend the rules
and pass the bill, H.R. 5077, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. SCHIFF. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________
[Congressional Record Volume 162, Number 82 (Tuesday, May 24, 2016)]
[House]
[Pages H2988-H2989]
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2017
The SPEAKER pro tempore. The unfinished business is the vote on the
motion to suspend the rules and pass the bill (H.R. 5077) to authorize
appropriations for fiscal year 2017 for intelligence and intelligence-
related activities of the United States Government, the Community
Management Account, and the Central Intelligence Agency Retirement and
Disability System, and for other purposes, as amended, on which the
yeas and nays were ordered.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Nunes) that the House suspend the rules
and pass the bill, as amended.
This is a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 371,
nays 35, answered ``present'' 1, not voting 26, as follows:
[Roll No. 235]
YEAS--371
Abraham
Adams
Aderholt
Aguilar
Amodei
Ashford
Babin
Barletta
Barr
Barton
Beatty
Benishek
Bera
Beyer
Bilirakis
Bishop (GA)
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Bonamici
Bost
Boustany
Boyle, Brendan F.
Brady (PA)
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Brown (FL)
Brownley (CA)
Buchanan
Buck
Bucshon
Burgess
Bustos
Butterfield
Byrne
Calvert
Capps
Cardenas
Carney
Carson (IN)
Carter (GA)
Carter (TX)
Cartwright
Castor (FL)
Chabot
Chaffetz
Chu, Judy
Cicilline
Clawson (FL)
Clay
Cleaver
Clyburn
Coffman
Cohen
Cole
Collins (NY)
Comstock
Conaway
Connolly
Cook
Cooper
Costa
Costello (PA)
Courtney
Cramer
Crawford
Crowley
Cuellar
Culberson
Cummings
Curbelo (FL)
Davis (CA)
Davis, Danny
Davis, Rodney
DeGette
Delaney
DeLauro
Denham
Dent
DeSantis
DeSaulnier
DesJarlais
Deutch
Diaz-Balart
Dingell
Doggett
Dold
Donovan
Duckworth
Duffy
Duncan (SC)
Edwards
Ellmers (NC)
Emmer (MN)
Engel
Eshoo
Esty
Farenthold
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foster
Foxx
Franks (AZ)
Frelinghuysen
Fudge
Gallego
Garamendi
Garrett
Gibbs
Goodlatte
Gowdy
Graham
Graves (GA)
Graves (LA)
Graves (MO)
Green, Al
Green, Gene
Griffith
Grothman
Guinta
Guthrie
Gutierrez
Hahn
Hanna
Hardy
Harper
Harris
Hartzler
Hastings
Heck (NV)
Heck (WA)
Hensarling
Hice, Jody B.
Higgins
Hill
Himes
Holding
Hoyer
Hudson
Huffman
Hultgren
Hunter
Hurd (TX)
Hurt (VA)
Israel
Issa
Jeffries
Jenkins (KS)
Jenkins (WV)
Johnson (GA)
Johnson (OH)
Johnson, E. B.
Johnson, Sam
Jolly
Jordan
Joyce
Kaptur
Katko
Keating
Kelly (IL)
Kelly (MS)
Kelly (PA)
Kennedy
Kildee
Kilmer
Kind
King (IA)
King (NY)
Kinzinger (IL)
Kirkpatrick
Kline
Knight
Kuster
LaHood
LaMalfa
Lamborn
Lance
Langevin
Larsen (WA)
Larson (CT)
Latta
Lawrence
Levin
Lipinski
LoBiondo
Loebsack
Long
Love
Lowenthal
Lowey
Lucas
Luetkemeyer
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
MacArthur
Maloney, Carolyn
Maloney, Sean
Marchant
Marino
Matsui
McCarthy
McCaul
McClintock
McCollum
McHenry
McKinley
McMorris Rodgers
McNerney
McSally
Meadows
Meehan
Meng
Messer
Mica
Miller (FL)
Moolenaar
Mooney (WV)
Moore
Moulton
Mullin
Mulvaney
Murphy (FL)
Murphy (PA)
Nadler
Napolitano
Neal
Neugebauer
Newhouse
Noem
Nolan
Norcross
Nugent
Nunes
Olson
Palazzo
Pallone
Palmer
Pascrell
Paulsen
Pearce
Pelosi
Perlmutter
Perry
Peters
Peterson
Pingree
Pittenger
Pitts
Poe (TX)
Poliquin
Pompeo
Price (NC)
Price, Tom
Quigley
Rangel
Ratcliffe
Reed
Reichert
Renacci
Ribble
Rice (NY)
Rice (SC)
Richmond
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney (FL)
Ros-Lehtinen
Roskam
Ross
Rothfus
Rouzer
Roybal-Allard
Royce
Ruiz
Ruppersberger
Rush
Russell
Ryan (OH)
Salmon
Sanchez, Linda T.
Sanford
Sarbanes
Scalise
Schiff
Schrader
Schweikert
Scott (VA)
Scott, David
Serrano
Sessions
Sewell (AL)
Sherman
Shimkus
Shuster
Simpson
Sinema
Sires
Slaughter
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Speier
Stefanik
Stewart
Stivers
Stutzman
Swalwell (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiberi
Tipton
Titus
Tonko
Torres
Trott
Tsongas
Turner
Upton
Valadao
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Walz
Wasserman Schultz
Watson Coleman
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Westmoreland
Whitfield
Williams
Wilson (FL)
Wilson (SC)
Wittman
Womack
Woodall
Yarmuth
Yoder
Yoho
Young (AK)
Young (IA)
Young (IN)
Zeldin
Zinke
NAYS--35
Amash
Blumenauer
Capuano
Clark (MA)
Clarke (NY)
DeFazio
DelBene
Doyle, Michael F.
Duncan (TN)
Ellison
Farr
Gabbard
Gibson
Gohmert
Gosar
Grayson
Grijalva
Honda
Jones
Labrador
Lee
Lewis
Lieu, Ted
Lofgren
Lummis
Massie
[[Page H2989]]
McDermott
McGovern
Pocan
Polis
Posey
Schakowsky
Sensenbrenner
Takano
Welch
ANSWERED ``PRESENT''--1
Becerra
NOT VOTING--26
Allen
Bass
Castro (TX)
Collins (GA)
Conyers
Crenshaw
Fattah
Fincher
Fitzpatrick
Frankel (FL)
Granger
Herrera Beutler
Hinojosa
Huelskamp
Huizenga (MI)
Jackson Lee
Loudermilk
Meeks
Miller (MI)
O'Rourke
Payne
Sanchez, Loretta
Scott, Austin
Takai
Thompson (CA)
Waters, Maxine
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (Mr. Byrne) (during the vote). There are 2
minutes remaining.
{time} 1443
So (two-thirds being in the affirmative) the rules were suspended and
the bill, as amended, was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Personal Explanation
Mr. HINOJOSA. Mr. Speaker, I was unable to be present in the House
Chamber for certain rollcall votes this week. Had I been present on May
24, 2016, for the first vote series, I would have voted ``aye'' for
rollcall 235 and ``nay'' on rollcalls 231, 232, 233 and 234.
____________________
