[Congressional Record Volume 162, Number 179 (Monday, December 12, 2016)]
[Extensions of Remarks]
[Pages E1703-E1704]
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2017
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speech of
HON. DEVIN NUNES
of california
in the house of representatives
Thursday, December 8, 2016
Mr. NUNES. Mr. Speaker, The following consists of the joint
explanatory statement to accompany H.R. 6480, the Intelligence
Authorization Act for Fiscal Year 2017 (``Joint Explanatory
Statement'').
The Joint Explanatory Statement reflects further
negotiations between the House Permanent Select Committee on
Intelligence and the Senate Select Committee on Intelligence
(``the Agreement'') since the passage by the House, on
November 30, 2016, of H.R. 6393--a previous version of the
Intelligence Authorization Act for Fiscal Year 2017. The
Joint Explanatory Statement shall have the same effect with
respect to the implementation of this Act as if it were a
joint explanatory statement of a conference committee.
The Joint Explanatory Statement comprises three parts: (1)
an overview of the application of the classified annex to
accompany the Joint Explanatory Statement; (2) unclassified
congressional direction; (3) and, in lieu of a full, section-
by-section analysis and explanation of legislative text
provisions, an identification of the differences between the
text of H.R. 6480 and the text of H.R. 6393, including text
provisions newly added by H.R. 6480, or changed by it.
PART I: APPLICATION OF THE CLASSIFIED ANNEX
The classified nature of U.S. intelligence activities
prevents the congressional intelligence committees from
publicly disclosing many details concerning the conclusions
and recommendations of the Agreement. Therefore, a classified
Schedule of Authorizations and a classified annex have been
prepared to describe in detail the scope and intent of the
congressional intelligence committees' actions. The Agreement
authorizes the Intelligence Community (IC) to obligate and
expend funds not altered or modified by the classified
Schedule of Authorizations as requested in the President's
budget, subject to modification under applicable
reprogramming procedures.
The classified annex is the result of negotiations between
the House Permanent Select Committee on Intelligence and the
Senate Select Committee on Intelligence. It reconciles the
differences between the committees' respective versions of
the bill for the National Intelligence Program (NIP) and the
Homeland Security Intelligence Program (HSIP) for Fiscal Year
2017. The Agreement also makes recommendations for the
Military Intelligence Program (MIP), and the Information
Systems Security Program (ISSP), consistent with the National
Defense Authorization Act for Fiscal Year 2017, and provides
certain direction for these two programs.
The Agreement supersedes the classified annexes to the
reports accompanying H.R. 5077, passed by the House on May
24, 2016; S. 3017, reported by the Senate Select Committee on
Intelligence on June 15, 2016; and H.R. 6393, passed by the
House on November 30, 2016. All references to the House-
passed and Senate-reported annexes are made solely to provide
the heritage of, and context for, specific provisions.
The classified Schedule of Authorizations is incorporated
into the bill pursuant to Section 102. It has the status of
law. The classified annex supplements and adds detail to
clarify the authorization levels found in the bill and the
classified Schedule of Authorizations. The classified annex
shall have the same legal force as this Joint Explanatory
Statement to accompany the bill.
PART II: SELECT UNCLASSIFIED CONGRESSIONAL DIRECTION
The Agreement reiterates, and incorporates herein by
reference, the unclassified direction set forth in the Joint
Explanatory Statement to H.R. 6393, and found at pages H7039
to H7041 of the Congressional Record for November 30, 2016.
Managing a Multi-Sector Workforce in the Intelligence
Community
In addition to the unclassified direction set forth in the
Joint Explanatory Statement to H.R. 6393, and the
requirements of Section 306 of this Act, the Agreement
directs the Director of National Intelligence (DNI) to ensure
that each element of the IC includes in the budget
justification materials submitted to Congress for fiscal
years 2018 and 2019 the number of civilian (direct and
reimbursable) full-time equivalents, core contractor full-
time equivalents, and military personnel of such element.
The Agreement further directs the DNI, in completing the
report required by subsection (d) of Section 306, to identify
how the tool used to calculate personnel costs, as required
by paragraph (2) of that subsection, accounts for
compensation (including locality pays and allowances,
benefits, pay raises, and promotions) and other factors to
ensure that the DNI can effectively project and compare long-
term costs of civilian personnel and contractors to the whole
of the U.S Government.
Finally, the transfer to or from personal services funding
in below-threshold reprogramming is a concern to the
congressional intelligence committees. Therefore, the
Agreement designates personal services and non-personal
service funding at the program level as congressional special
interest items.
PART III: SECTION-BY-SECTION ANALYSIS AND EXPLANATION OF LEGISLATIVE
TEXT
There are important differences between H.R. 6480 and a
prior version of the Intelligence Authorization Act for
Fiscal Year 2017, H.R. 6393. Because most of the provisions
contained in H.R. 6480 are substantively identical to those
in H.R. 6393--save for changes to section numbers--this Joint
Explanatory Statement dispenses with a full section-by-
section analysis and explanation of the text for H.R. 6480.
Instead, the Agreement reiterates, and incorporates herein by
reference, the section-by-section analysis and explanation of
the text for H.R. 6393 found at pages H7041 to H7043 of the
Congressional Record for November 30, 2016, except as
follows:
Provisions of H.R. 6480 not included in H.R. 6393
Section 3. This section provides that this Joint
Explanatory Statement shall have the same effect with respect
to the implementation of this H.R. 6480 as if it were a joint
explanatory statement of a committee of conference.
Section 306. The section directs the Director of National
Intelligence (DNI) to implement a multi-sector workforce
initiative to improve the management of the workforce of the
intelligence community, achieve appropriate ratios of
government and contract workers, and establish processes for
such ratios to be built and maintained. The section provides
that personnel caps for IC components will be eliminated
during a trial period in Fiscal Years 2017 and 2018. Absent
further congressional action, at the start of Fiscal Year
2019, the trial period will sunset and personnel caps will be
restored.
Section 308. This section requires the DNI to issue and
release guidance regarding engagements between the
entertainment industry and the IC.
Section 312. This section directs the Department of
Homeland Security to establish a program to provide
assistance to covered critical infrastructure, in order to
reduce the risk of regional or national catastrophic harm
caused by cyberattacks against such infrastructure.
Provisions of H.R. 6393 not included in H.R. 6480
Section 308. Modification of certain whistleblower
procedures.
Section 421. Clarification of authority, direction, and
control over the information assurance directorate of the
National Security Agency.
[[Page E1704]]
Section 601. Information on activities of the Privacy and
Civil Liberties Oversight Board.
Section 602. Authorization of appropriations for Privacy
and Civil Liberties Oversight Board.
Provisions of H.R. 6480 that Differ from H.R. 6393
Section 104. This section has been modified to authorize
for the Intelligence Community Management Account of DNI for
Fiscal Year 2017 the sum $561,788,000 vice $559,796,000, and
add ``Intelligence'' before ``Community Management Account''
and ``made available'' before ``for advance research'' in
paragraph (1) of subsection (c).
Section 304. The title of this section has been modified to
read ``Math'' rather than ``Mathematics.''
Section 305. The title of this section has been modified to
read ``Math'' rather than ``Mathematics''; additionally, in
subsection (a), ``one'' is rendered as ``1'' and ``math'' is
changed to ``mathematics.''
Section 307 (Section 306 in H.R. 6393). This section has
been retitled; additionally, subsection (a) has been deleted.
Section 310 (Section 309 in H.R. 6393). This section has
been modified to add: ``classified or unclassified'' before
``annex,'' change ``takes'' to ``tasks,'' and add ``to the
intelligence community or an element of before ``the
intelligence community'' in subsection (a); ``written''
before ``notice'' in paragraph (1) and subparagraph (A) of
paragraph (3) in subsection (b); and ``written'' before
``description'' in subparagraph (B) of paragraph (3) in
subsection (b).
Section 314 (Section 312 of H.R. 6393). This section has
been modified to strike ``other.''
Section 402. This section has been modified to make
technical changes regarding the statutory location of the new
subsection.
Section 421 (Section 422 of H.R. 6393). This section has
been modified to add the Committees on the Judiciary of the
House and Senate to the reporting requirement in subsection
(a).
Section 422 (Section 423 of H.R. 6393). This section has
been modified to make technical corrections to conform to the
National Defense Authorization Act for Fiscal Year 2017.
Section 501. This section has been modified to make
technical corrections to subsection (c), and minor changes to
the report required by paragraph (2) of subsection (h).
Section 502. This section has been modified to substitute
new language directing the Secretary of State to take the
lead role in establishing procedures for mandatory, advance
notification of all travel by accredited diplomatic and
consular personnel of the Russian Federation in the United
States. It also has been modified to make conforming changes
to the title.
Section 601 (Section 701 in H.R. 6393). This section has
been modified to strike ``after September 11, 2001,'' in
subsection (a), and add a further required element to the
report required by subsection (c).
Section 602 (Section 702 in H.R. 6393). This section has
been modified to make technical corrections to conform to the
National Defense Authorization Act for Fiscal Year 2017.
Section 603 (Section 703 in H.R. 6393). This section has
been substantially modified to replace operative language
with direction requiring the Director of the National
Security Agency to submit an annual report to the
intelligence committees on national security systems.
Section 604 (Section 704 in H.R. 6393). This section has
been modified to add ``written'' before ``certification'' and
``statement'' in paragraphs (1) and (2), respectively, of
subsection (b).
Section 605 (Section 705 in H.R. 6393). This section has
been modified to add ``a written'' before ``an update'' in
subsection (b); changes ``90'' to ``180'' in paragraph (1) of
subsection (c); and add the Chairman of the Joint Chiefs of
Staff to those who must assist with the report directed by
paragraph (1) of subsection (e).
Section 608 (Section 708 in H.R. 6393). This section has
been modified to add ``in writing'' before ``to the
congressional intelligence committees'' in paragraph (1) of
subsection (b).
Section 610 (Section 710 in H.R. 6393). This section has
been modified to add ``provide'' before ``a briefing.''
Section 612 (Section 712 in H.R. 6393). This section has
been modified to add ``, in writing,'' before ``listing''
and, at the end, ``Such report may be submitted in classified
form.''
Section 614 (Section 714 in H.R. 6393). This section has
been modified to add the Committee on Transportation and
Infrastructure of the House and the Committee on Commerce,
Science, and Transportation of the Senate to the reporting
requirement in subsection (a).
Section 615 (Section 715 in H.R. 6393). This section has
been modified to change the title; direct a report on
``programs to counter terrorist narratives'' rather than one
on ``counter-messaging''; direct the Secretary of the
Department of Homeland Security, rather than the Department's
Undersecretary of Homeland Security for Intelligence &
Analysis; make appropriate conforming changes; and add the
Committees on the Judiciary of the House and Senate to the
reporting requirement in subsection (a).
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