[Congressional Record (Bound Edition), Volume 163 (2017), Part 10]
[House]
[Pages 13769-13773]
[From the U.S. 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

[[Page 13770]]

     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,
     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

[[Page 13771]]

     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 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

[[Page 13772]]

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:

         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 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

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     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 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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