Congressional Record, Volume 163 Issue 147 (Tuesday, September 12, 2017)

[Congressional Record Volume 163, Number 147 (Tuesday, September 12, 2017)]
[House]
[Pages H7232-H7236]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

DHS INTELLIGENCE ROTATIONAL ASSIGNMENT PROGRAM ACT OF 2017

Mr. GALLAGHER. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 2453) to amend the Homeland Security Act of 2002 to
establish the Intelligence Rotational Assignment Program in the
Department of Homeland Security, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 2453

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``DHS Intelligence Rotational
Assignment Program Act of 2017''.

SEC. 2. INTELLIGENCE ROTATIONAL ASSIGNMENT PROGRAM.

Section 844 of the Homeland Security Act of 2002 (6 U.S.C.
414) is amended by adding at the end the following new
subsection:
``(b) Intelligence Rotational Assignment Program.--
``(1) Establishment.--The Secretary shall establish an
Intelligence Rotational Assignment Program as part of the
Rotation Program under subsection (a).
``(2) Administration.--The Chief Human Capital Officer, in
conjunction with the Chief Intelligence Officer, shall
administer the Intelligence Rotational Assignment Program
established pursuant to paragraph (1).
``(3) Eligiblity.--The Intelligence Rotational Assignment
Program established pursuant to paragraph (1) shall be open
to employees serving in existing analyst positions within the
Department's Intelligence Enterprise and other Department
employees as determined appropriate by the Chief Human
Capital Officer and the Chief Intelligence Officer.
``(4) Coordination.--The responsibilities specified in
paragraph (3)(B) of subsection (a) that apply to the Rotation
Program under such subsection shall, as applicable, also
apply to the Intelligence Rotational Assignment Program under
this subsection.''.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Wisconsin (Mr. Gallagher) and the gentlewoman from California (Ms.
Barragan) each will control 20 minutes.
The Chair recognizes the gentleman from Wisconsin.

General Leave

Mr. GALLAGHER. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days within which to revise and extend their remarks
and include any extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Wisconsin?
There was no objection.
Mr. GALLAGHER. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, the Department of Homeland Security currently has nine
designated component intelligence programs with trained analysts who
could benefit from an authorized, better organized rotation program. In
order to truly develop homeland security intelligence expertise, the
DHS has to develop and expand programs to cross-train their broad cadre
of analysts.
One of the major lessons we learned from the September 11 terror
attacks was the vital need to connect the dots by sharing information
across analytical silos and across agencies. The bill we are
considering today builds upon this foundation by authorizing a rotation
program for intelligence analysts across the Department.
Having served as an intelligence analyst in the Marine Corps and in
the intelligence community, including at the National Counterterrorism
Center and the Drug Enforcement Agency, I know firsthand the value of
analysts gaining experience in different mission areas and broadening
their analytical skills.
H.R. 2453, the DHS Intelligence Rotational Assignment Program Act of
2017, supports the effort to develop an integrated workforce of
analysts that will ultimately develop a homeland security intelligence
expertise. The bill authorizes the Intelligence Rotational Assignment
Program, or IRAP, and directs the Department to promote and reward
participation.
There is an existing IRAP, but based on oversight efforts over the
past year, it is clear the DHS needs a more integrated, coordinated,
and transparent rotation program. For example, numerous intelligence
components are not aware of the IRAP's existence, and it is not being
coordinated with other rotational programs offered by the Department or
the intelligence community at large.
Moreover, a recent joint inspector general review involving IGs from
the intelligence community, the DHS, and the Department of Justice
specifically referenced the creation of the IRAP as an important step
to help unify the DHS intelligence enterprise, but noted the lack of
incentives to encourage participation in this initiative. So this
legislation seeks to address these shortcomings by authorizing the IRAP
and providing the program with a management structure and participation
incentives.
Having a robust analyst rotation program is important for a number of
reasons. First, it offers key professional development opportunities to
analysts by exposing them to the legal authorities, collection
capabilities, and data sets associated with different intelligence
offices across the DHS. It also is an important building block in the
development of homeland security intelligence as a core competency
above and beyond individual mission areas at the Department.
Finally, the IRAP enhances the cohesion of the DHS intelligence
enterprise by exposing intelligence analysts to their counterparts in
one of the eight other intelligence components, thus encouraging them
to see themselves as part of the larger DHS intelligence enterprise.
In short, this bill promotes a more robust intelligence analyst
rotation program to ensure the Department is building a network of
employees with a true homeland security intelligence expertise.
Mr. Speaker, this bill will make the country more safe. I urge my
colleagues to support this measure, and I reserve the balance of my
time.

House of Representatives, Permanent Select Committee on
Intelligence,
Washington, DC, September 8, 2017.
Hon. Michael McCaul,
Chairman, House Committee on Homeland Security, Washington,
DC.
Dear Chairman McCaul: I understand H.R. 2453, 2468, and
2470 are slated for consideration on the suspension calendar
next week. All three bills amend the Homeland Security Act of
2002 to make certain improvements in the laws administered by
the Secretary of Homeland Security by requiring the
Secretary, acting through the Chief Intelligence Officer of
the Department, to perform specific intelligence-related
functions. All three bills are virtually identical to
specific provisions contained in H.R. 2825, the House-passed
``Department of Homeland Security Authorization Act of 2017''
for which I wrote to you about on June 27, 2017. Accordingly,
since H.R. 2453, 2468, and 2470 implicate National
Intelligence Program (NIP)-funded activities, I expect that
they would be sequentially referred to the Permanent Select
Committee on Intelligence (the Committee).
As discussed in previous correspondence regarding H.R.
2825, we signed a Memorandum Regarding Authorization of the
Department of Homeland Security and exchanged letters on
January 11, 2017 (January 2017 Exchange of Letter), to
clarify the Committee's exclusive jurisdiction over NIP-
funded elements of the Department of Homeland Security (DHS).
The January 2017 Exchange of Letters affirmed that,
consistent with the Rules of the House of Representatives,
the Intelligence Authorization Act (IAA) is the vehicle that
through which Congress authorizes annual appropriations for
the NIP, including NIP-funded elements of the Department of
Homeland Security (DHS). Moreover, those Letters made
explicit that the Committee on Homeland Security would not
report to the House any bill that authorizes any elements of
DHS funded through the NIP, and that if any such bill is
reported by the Committee

[[Page H7233]]

on Homeland Security, this Committee will request a
sequential referral of the bill.
In order to expedite the House's consideration of H.R.
2453, 2468, and 2470, the Committee will forego consideration
of all three measures. This courtesy, is however, conditioned
on our mutual understanding and agreement that it will in no
way diminish or alter the jurisdiction of the Committee with
respect to any future jurisdictional claim over the subject
matter contained in these bills or any similar measure. It is
also conditioned on the Committee on Homeland Security's
adherence to the agreement embodied in the January 2017
Exchange of Letters.
I would appreciate your response to this letter confirming
this understanding and would request that you include in the
Congressional Record during floor consideration of all three
bills, a copy of this letter, your response, and the January
2017 Exchange of Letters, including the Memorandum. Thank you
for your cooperation in this matter.
Best Regards,
Devin Nunes,
Chairman.
Enclosure.
____

House of Representatives,

Committee on Homeland Security,

Washington, DC, January 11, 2017.
Hon. Devin Nunes,
Permanent Select Committee on Intelligence,
Washington, DC.
Dear Chairman Nunes: Thank you for your letter supporting
the Committee on Homeland Security's plans to conduct a
comprehensive reauthorization of the Department of Homeland
Security (``the Department'') in the 115th Congress, as
expressed in the 2017 ``Memorandum Regarding Authorization of
the Department of Homeland Security.''
I appreciate your willingness to help ensure the Department
is fully authorized, and recognize that there may be areas of
jurisdictional interest to the Permanent Select Committee on
Intelligence (``Intelligence Committee'') in such an
authorization. Rule X (j)(3) of the House of Representatives
grants the Committee on Homeland Security jurisdiction over
the ``functions of the Department of Homeland Security,''
including those functions related to the ``integration,
analysis, and dissemination of homeland security
information,'' while Rule X(11)(b)(1) grants the Permanent
Select Committee on Intelligence jurisdiction over ``proposed
legislation relating to . . . the National Intelligence
Program as defined in Section 3(6) of the National Security
Act'' and ``[a]uthorizations for appropriations, both direct
and indirect, for the National Intelligence Program as
defined in Section 3(6) of the National Security Act;''
The Committee on Homeland Security does not intend to
authorize any elements of the Department that are funded
through the National Intelligence Program (``NIP'') as part
of the Department authorization bill it reports to the House
this Congress, although we both agree that the reported bill
may include Department-wide provisions that could affect
Department elements that happen to receive funding through
the NIP, Accordingly, I will oppose as nongermaine any
amendments which may be offered in my committee's markup
related to the NIP-funded elements of the Department. I
further agree to consult you before taking any action on
similar amendments which may be offered during consideration
of the bill by the full House.
In the interest of ensuring the most robust Department
authorization possible, we further agree that you may offer
an amendment during consideration of the bill in the full
House. That amendment will contain the text of any
legislative provisions related to the NIP-funded elements of
DHS previously reported by the Permanent Select Committee on
Intelligence. If the Permanent Select Committee on
Intelligence has not reported any provisions related to the
NIP-funded elements of DHS, you will not offer an amendment.
Understanding, however, that both of our committees have a
jurisdictional interest in the Department's Office of
Intelligence and Analysis, we agree to work together to
ensure that the Office receives the most effective
congressional guidance.
Finally, I reiterate my intention that nothing included in
the 2017 ``Memorandum Regarding Authorization of the
Department of Homeland Security'' alters the jurisdiction of
either the Committee on Homeland Security or the Permanent
Select Committee on Intelligence. The Committee on Homeland
Security appreciates the past success we have enjoyed working
with the Intelligence Committee. I am grateful for your
support and look forward to continuing to work together
toward our mutual goal of ensuring that the Department and
its components are authorized on a regular basis.
Sincerely,
Michael T. McCaul,
Chairman.
____

House of Representatives, Permanent Select Committee on
Intelligence,
Washington, DC, January 11, 2017.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security, House of
Representatives, Washington, DC.
Dear Chairman McCaul: In accordance with paragraph 10 of
the January 2017 ``Memorandum Regarding Authorization of the
Department of Homeland Security,'' I write to confirm our
mutual understanding of the procedure through which the House
will authorize the elements of the Department of Homeland
Security (DHS) funded through the National Intelligence
Program (NIP).
I appreciate your dedication to producing a comprehensive
reauthorization of DHS that will improve congressional
oversight of the Department. As you know, Rule X(11)(b)(1) of
the House of Representatives grants the Permanent Select
Committee on Intelligence sole jurisdiction over ``proposed
legislation . . . relating to . . . the National Intelligence
Program as defined in Section 3(6) of the National Security
Act'' and ``[a]uthorizations for appropriations, both direct
and indirect, for . . . the National Intelligence Program as
defined in Section 3(6) of the National Security Act;'' and
Rule X (j)(3) of the House of Representatives grants the
Committee on Homeland Security jurisdiction over the
``functions of the Department of Homeland Security,''
including those functions related to the ``integration,
analysis, and dissemination of homeland security
information.''
As you also know, the Intelligence Authorization Act (IAA)
is the annual vehicle through which Congress authorizes
appropriations for the NIP, including for elements of DHS
that receive funding through the NIP. The IAA includes a
classified schedule of authorizations, incorporated into the
statute by reference, and direction and recommendations in a
classified annex to the report of the Permanent Select
Committee on Intelligence. Nothing in the January 2017
``Memorandum Regarding Authorization of the Department of
Homeland Security,'' shall be construed to grant the
Committee on Homeland Security jurisdiction over proposed
legislation relating to the NIP or authorizations for
appropriations for the NIP.
In keeping with these principles, the Committee on Homeland
Security will not report to the House any bill that
authorizes any elements of DNS funded through the NIP. If any
such bill is reported by the Committee on Homeland Security,
the Permanent Select Committee on Intelligence will request a
sequential referral of the bill. Understanding, however, that
both of our committees have a jurisdictional interest in the
Department's Office of Intelligence and Analysis, we agree to
work together to ensure that the Office receives the most
effective congressional guidance.
We further agree that if the Committee on Homeland Security
reports a DHS-wide authorization bill to the House, I may
offer an amendment during consideration of the bill in the
full House. That amendment will contain the text of any
legislative provisions related to the NIP-funded elements of
DHS previously reported by the Permanent Select Committee on
Intelligence. If the Permanent Select Committee on
Intelligence has not reported any provisions related to the
NIP-funded elements of DHS, I will not offer an amendment,
and the DHS-wide authorization bill will not contain any
provisions related to the NIP-funded elements of DHS. We
further agree that you will oppose as nongermane all
amendments related to the NIP-funded elements of DHS in
markup in the Committee on Homeland Security. If any
amendments related to the NIP-funded elements of DHS are
subsequently offered during consideration by the full House,
you agree to consult with me before taking action.
Finally, we agree that you will support the appointment of
the Chairman and Ranking Member of the Permanent Select
Committee on Intelligence to any committee of conference on a
DHS-wide authorization bill that includes any provisions
related to the NIP-funded elements of DHS.
In accordance with Rule X(11)(b)(2) this understanding does
not preclude either the Committee on Homeland Security or the
Permanent Select Committee on Intelligence from authorizing
other intelligence and intelligence-related activities of
DHS, including, but not limited to, the Homeland Security
Intelligence Program. In keeping with paragraph 5 of the
January 2017 ``Memorandum Regarding Authorization of the
Department of Homeland Security,'' our committees will work
jointly to vet and clear any provisions of a DHS
authorization bill related to these other intelligence and
intelligence-related activities of DHS. Furthermore, I hope
the staff of our committees can continue to closely and
expeditiously to conduct rigorous oversight of intelligence
activities throughout DHS.
The understanding detailed by this letter is limited to the
115th Congress. It shall not constitute an understanding
between our committees in any subsequent congress.
I would appreciate your response to this letter confirming
this understanding. I look forward to working with you to
continue congressional oversight of DHS intelligence
activities, and I thank you in advance for your cooperation.
Sincerely,
Devin Nunes,
Chairman.
____

Memorandum Regarding Authorization of the Department of Homeland
Security Submitted by Hon. Paul D. Ryan of Wisconsin

We, the chairs of the committees with jurisdiction over the
Department of Homeland

[[Page H7234]]

Security or its components, are hereby recording our
agreement on the following principles for the 115th Congress:
1. The Department of Homeland Security (``the Department'')
and its components should be authorized on a regular basis to
ensure robust oversight and improve its operation.
2. Committees with jurisdiction over the Department and its
components will prioritize the authorization of the
Department and any unauthorized or expiring component in that
committee's authorization and oversight plan.
3. To the maximum extent practicable, the committees with
jurisdiction over unauthorized or expiring components of the
Department shall coordinate with the Committee on Homeland
Security to produce a comprehensive authorization bill for
the Department.
4. The Committee on Homeland Security shall coordinate with
the committees with jurisdiction over unauthorized or
expiring components of the Department in the development of
any comprehensive authorization bill for the Department.
5. The Committee on Homeland Security and the committees
with jurisdiction over components of the Department shall
jointly develop a process for the vetting and pre-clearing of
base text and amendments offered at subcommittee and full
committee markups of a DHS authorization bill in the
Committee on Homeland Security that fall within the
jurisdiction of a committee other than or in addition to the
Committee on Homeland Security.
6. The committees will expedite consideration of any
comprehensive authorization bill for the Department,
including timely resolution of any matters subject to a
sequential or additional referral.
7. To the extent that there are policy differences between
the committees regarding a provision of the comprehensive
authorization bill for the Department, the committees will
make best efforts to resolve any such dispute.
8. The Committee on Homeland Security Committee shall not
include any provision in a comprehensive authorization bill
that the chair of the Committee on Ways and Means has
determined to be a revenue provision or a provision affecting
revenue. If the chair of the Committee on Ways and Means
makes such a determination, nothing in this agreement shall
be construed to preclude that chair from exercising an
additional or sequential referral over the measure, or a
point of order under clause 5 (a) of Rule XXI of the Rules of
the House of Representatives.
9. Nothing in this agreement shall be construed as altering
any committee's jurisdiction under rule X of the Rules of the
House of Representatives or the referral of any measure
thereunder.
10. Further, nothing in this memorandum precludes a further
agreement between the committees with regard to the
implementation of a process to ensure regular comprehensive
authorizations of the Department.
Signed,
Gregg ``Walden,
Chair, Committee on Energy and Commerce
Devin Nunes,
Chair, Permanent Select Committee on Intelligence
Jason Chaffetz,
Chair, Committee on Oversight and Government Reform
Bill Shuster,
Chair, Committee on Transportation and Infrastructure
Michael T. McCaul,
Chair, Committee on Homeland Security
Bob Goodlatte,
Chair, Committee on the Judiciary
Lamar Smith,
Chair, Committee on Science, Space and Technology
Kevin Brady,
Chair, Committee on Ways and Means.
____

House of Representatives,

Committee on Homeland Security,

Washington, DC, September 11, 2017.
Hon. Devin Nunes,
Chairman, Permanent Select Committee on Intelligence,
Washington, DC.
Dear Chairman Nunes: Thank you for your letter regarding
H.R. 2453, H.R. 2468, and H.R. 2470. I appreciate your
support in bringing these very important pieces of
legislation before the House of Representatives, and
appreciate the willingness of the Permanent Select Committee
on Intelligence to forego seeking a sequential referral.
The Committee on Homeland Security concurs with the mutual
understanding that by foregoing a sequential referral on
these bills at this time, the Permanent Select Committee on
Intelligence does not waive any jurisdiction over the subject
matter contained in any of these bills or similar legislation
in the future. In addition, should a conference on any of
these bills be necessary, I would support your request to
have the Permanent Select Committee on Intelligence
represented for provisions within your jurisdiction on the
conference committee.
Additionally, the Committee on Homeland Security recognizes
and appreciates the importance of the Memorandum Regarding
Authorization of the Department of Homeland Security and the
letter exchange on January 11, 2017. The Committee on
Homeland Security contends that per such agreement the bills
considered on the floor today do ``not intend to authorize
any elements of the Department that are funded through the
National Intelligence Program (NIP). . . . but may include
Department-wide provisions that could affect Department
elements that happen to receive funding through the NIP.''
I will insert copies of this exchange in the Congressional
Record during consideration of these bills on the House
floor. I thank you for your cooperation in this matter.
Sincerely,
Michael T. McCaul,
Chairman, Committee on Homeland Security.

Ms. BARRAGAN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of my friend's bill, H.R. 2453, the
DHS Intelligence Rotational Assignment Program Act of 2017.
Mr. Speaker, 16 years ago, Americans were jarred by the spectacle of
the mighty Twin Towers collapsing and fires at the Pentagon and in a
Pennsylvania field. The perpetrators of the attacks sought to bring the
United States to its knees. While, without question, a deep wound that
may never fully heal was inflicted on the heart of this Nation on that
day, we remain strong and resolute.
We emerged from that devastating experience more determined and with
lessons learned about the need for better information sharing,
interoperability, and coordination.
One major reform was the establishment of the Department of Homeland
Security as a multimission agency, which today has 240,000 men and
women serving in a range of capacities at our land, air, and seaports,
as well as in the field, working to protect critical infrastructure
from cyber and other attacks.
The DHS Intelligence Rotational Assignment Program Act seeks to
provide DHS employees with the opportunity to do a rotational
assignment within the DHS' Intelligence and Analysis division.
By establishing this program, officers and analysts across the DHS
who have a passion for keeping our Nation secure would be provided the
opportunity to develop or broaden their intelligence and
counterterrorism skills. Organizations with such programs find that
they yield benefits far beyond what the individuals who participate
learn.
Mr. Speaker, I urge my House colleagues to support this bipartisan
legislation.

{time} 1230

Mr. Speaker, H.R. 2453 was overwhelmingly approved by the Committee
on Homeland Security. The rotational program that it authorizes has the
potential to not only provide some dedicated DHS employees a boost in
morale and fresh perspective on the mission, but also to enrich DHS'
contributions to the intelligence enterprise.
Mr. Speaker, as such, I encourage my colleagues to support H.R. 2453,
and I yield back the balance of my time.
Mr. GALLAGHER. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I thank the gentlewoman from California for her hard
work, and I, once again, urge my colleagues to support H.R. 2453, to
bolster the Department of Homeland Security's Intelligence Analyst
Program and, thereby, strengthen the DHS intelligence enterprise.
Additionally, I want to thank Chairman Nunes and the House Permanent
Select Committee on Intelligence for working with the Committee on
Homeland Security to bring my bill, as well as H.R. 2468, offered by
Representative Perry, and H.R. 2470, offered by Representative Rogers,
to the floor.
Mr. Speaker, I yield back the balance of my time.
Mr. PERRY. Mr. Speaker, I include in the Record the following
exchange of letters:

[[Page H7235]]

bills are virtually identical to specific provisions
contained in H.R. 2825, the House-passed ``Department of
Homeland Security Authorization Act of 2017'' for which I
wrote to you about on June 27, 2017. Accordingly, since H.R.
2453, 2468, and 2470 implicate National Intelligence Program
(NIP)-funded activities, I expect that they would be
sequentially referred to the Permanent Select Committee on
Intelligence (the Committee).
As discussed in previous correspondence regarding H.R.
2825, we signed a Memorandum Regarding Authorization of the
Department of Homeland Security and exchanged letters on
January 11, 2017 (January 2017 Exchange of Letter), to
clarify the Committee's exclusive jurisdiction over NIP-
funded elements of the Department of Homeland Security (DHS).
The January 2017 Exchange of Letters affirmed that,
consistent with the Rules of the House of Representatives,
the Intelligence Authorization Act (IAA) is the vehicle that
through which Congress authorizes annual appropriations for
the NIP, including NIP-funded elements of the Department of
Homeland Security (DHS). Moreover, those letters made
explicit that the Committee on Homeland Security would not
report to the House any bill that authorizes any elements of
DHS funded through the NIP, and that if any such bill is
reported by the Committee on Homeland Security, this
Committee will request a sequential referral of the bill.
In order to expedite the House's consideration of H.R.
2453, 2468, and 2470, the Committee will forego consideration
of all three measures. This courtesy, is however, conditioned
on our mutual understanding and agreement that it will in no
way diminish or alter the jurisdiction of the Committee with
respect to any future jurisdictional claim over the subject
matter contained in these bills or any similar measure. It is
also conditioned on the Committee on Homeland Security's
adherence to the agreement embodied in the January 2017
Exchange of Letters.
I would appreciate your response to this letter confirming
this understanding and would request that you include in the
Congressional Record during floor consideration of all three
bills, a copy of this letter, your response, and the January
2017 Exchange of Letters, including the Memorandum. Thank you
for your cooperation in this matter.
Best Regards,
Devin Nunes,
Chairman.
Enclosure.
____

House of Representatives,

Committee on Homeland Security,

Washington, DC, January 11, 2017.
Hon. Devin Nunes,
Permanent Select Committee on Intelligence,
U.S. Capitol, Washington, DC.
Dear Chairman Nunes: Thank you for your letter supporting
the Committee on Homeland Security's plans to conduct a
comprehensive reauthorization of the Department of Homeland
Security (``the Department'') in the 115th Congress, as
expressed in the 2017 ``Memorandum Regarding Authorization of
the Department of Homeland Security.''
I appreciate your willingness to help ensure the Department
is fully authorized, and recognize that there may be areas of
jurisdictional interest to the Permanent Select Committee on
Intelligence (``Intelligence Committee'') in such an
authorization. Rule X(j)(3) of the House of Representatives
grants the Committee on Homeland Security jurisdiction over
the ``functions of the Department of Homeland Security,''
including those functions related to the ``integration,
analysis, and dissemination of homeland security
information,'' while Rule X(11)(b)(1) grants the Permanent
Select Committee on Intelligence jurisdiction over ``proposed
legislation . . . relating to . . . the National Intelligence
Program as defined in Section 3(6) of the National Security
Act'' and ``[a]uthorizations for appropriations, both direct
and indirect, for . . . the National Intelligence Program as
defined in Section 3(6) of the National Security Act;''
The Committee on Homeland Security does not intend to
authorize any elements of the Department that are funded
through the National Intelligence Program (``NIP'') as part
of the Department authorization bill it reports to the House
this Congress, although we both agree that the reported bill
may include Department-wide provisions that could affect
Department elements that happen to receive funding through
the NIP. Accordingly, I will oppose as nongermaine any
amendments which may be offered in my committee's markup
related to the NIP-funded elements of the Department. I
further agree to consult you before taking any action on
similar amendments which may be offered during consideration
of the bill by the full House.
In the interest of ensuring the most robust Department
authorization possible, we further agree that you may offer
an amendment during consideration of the bill in the full
House. That amendment will contain the text of any
legislative provisions related to the NIP-funded elements of
DHS previously reported by the Permanent Select Committee on
Intelligence. If the Permanent Select Committee on
Intelligence has not reported any provisions related to the
NIP-funded elements of DHS, you will not offer an amendment.
Understanding, however, that both of our committees have a
jurisdictional interest in the Department's Office of
Intelligence and Analysis, we agree to work together to
ensure that the Office receives the most effective
congressional guidance.
Finally, I reiterate my intention that nothing included in
the 2017 ``Memorandum Regarding Authorization of the
Department of Homeland Security'' alters the jurisdiction of
either the Committee on Homeland Security or the Permanent
Select Committee on Intelligence. The Committee on Homeland
Security appreciates the past success we have enjoyed working
with the Intelligence Committee. I am grateful for your
support and look forward to continuing to work together
toward our mutual goal of ensuring that the Department and
its components are authorized on a regular basis.
Sincerely,
Michael T. McCaul,
Chairman.
____

House of Representatives, Permanent Select Committee on
Intelligence,
Washington, DC, January 11, 2017.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
Washington, DC.
Dear Chairman McCaul: In accordance with paragraph 10 of
the January 2017 ``Memorandum Regarding Authorization of the
Department of Homeland Security,'' I write to confirm our
mutual understanding of the procedure through which the House
will authorize the elements of the Department of Homeland
Security (DHS) funded through the National Intelligence
Program (NIP).
I appreciate your dedication to producing a comprehensive
reauthorization of DHS that will improve congressional
oversight of the Department. As you know, Rule X(11)(b)(1) of
the House of Representatives grants the Permanent Select
Committee on Intelligence sole jurisdiction over ``proposed
legislation . . . relating to . . . the National Intelligence
Program as defined in Section 3(6) of the National Security
Act'' and ``[a]uthorizations for appropriations, both direct
and indirect, for . . . the National Intelligence Program as
defined in Section 3(6) of the National Security Act;'' and
Rule X (j)(3) of the House of Representatives grants the
Committee on Homeland Security jurisdiction over the
``functions of the Department of Homeland Security,''
including those functions related to the ``integration,
analysis, and dissemination of homeland security
information.''
As you also know, the Intelligence Authorization Act (IAA)
is the annual vehicle through which Congress authorizes
appropriations for the NIP, including for elements of DHS
that receive funding through the NIP. The IAA includes a
classified schedule of authorizations, incorporated into the
statute by reference, and direction and recommendations in a
classified annex to the report of the Permanent Select
Committee on Intelligence. Nothing in the January 2017
``Memorandum Regarding Authorization of the Department of
Homeland Security,'' shall be construed to grant the
Committee on Homeland Security jurisdiction over proposed
legislation relating to the NIP or authorizations for
appropriations for the NIP.
In keeping with these principles, the Committee on Homeland
Security will not report to the House any bill that
authorizes any elements of DHS funded through the NIP. If any
such bill is reported by the Committee on Homeland Security,
the Permanent Select Committee on Intelligence will request a
sequential referral of the bill. Understanding, however, that
both of our committees have a jurisdictional interest in the
Department's Office of Intelligence and Analysis, we agree to
work together to ensure that the Office receives the most
effective congressional guidance.
We further agree that if the Committee on Homeland Security
reports a DHS-wide authorization bill to the House, I may
offer an amendment during consideration of the bill in the
full House. That amendment will contain the text of any
legislative provisions related to the NIP-funded elements of
DHS previously reported by the Permanent Select Committee on
Intelligence. If the Permanent Select Committee on
Intelligence has not reported any provisions related to the
NIP-funded elements of DHS, I will not offer an amendment,
and the DHS-wide authorization bill will not contain any
provisions related to the NIP-funded elements of DHS. We
further agree that you will oppose as nongermanc all
amendments related to the NIP-funded elements of DHS in
markup in the Committee on Homeland Security. If any
amendments related to the NIP-funded elements of DHS are
subsequently offered during consideration by the full House,
you agree to consult with me before taking action.
Finally, we agree that you will support the appointment of
the Chairman and Ranking Member of the Permanent Select
Committee on Intelligence to any committee of conference on a
DHS-wide authorization bill that includes any provisions
related to the NIP-funded elements of DHS.
In accordance with Rule X(11)(b)(2) this understanding does
not preclude either the Committee on Homeland Security or the
Permanent Select Committee on Intelligence from authorizing
other intelligence and intelligence-related activities of
DHS, including, but not limited to, the Homeland Security
Intelligence Program. In keeping with paragraph 5 of the
January 2017 `Memorandum Regarding Authorization of the
Department of Homeland Security,'' our committees will work
jointly to vet and clear any provisions of a DHS
authorization bill

[[Page H7236]]

related to these other intelligence and intelligence-related
activities of DHS. Furthermore, I hope the staff of our
committees can continue to closely and expeditiously to
conduct rigorous oversight of intelligence activities
throughout DHS.
The understanding detailed by this letter is limited to the
115th Congress, It shall not constitute an understanding
between our committees in any subsequent congress.
I would appreciate your response to this letter confirming
this understanding. I look forward to working with you to
continue congressional oversight of DHS intelligence
activities, and I thank you in advance for your cooperation.
Sincerely,
Devin Nunes,
Chairman.

The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Wisconsin (Mr. Gallagher) that the House suspend the
rules and pass the bill, H.R. 2453.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.

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