[Congressional Record Volume 162, Number 179 (Monday, December 12, 2016)]
[Extensions of Remarks]
[Pages E1703-E1704]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2017

                                 ______
                                 

                               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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