[Senate Report 115-13]
[From the U.S. Government Publishing Office]
115th Congress } { Report
SENATE
1st Session } { 115-13
_______________________________________________________________________
R E P O R T
of the
SELECT COMMITTEE ON INTELLIGENCE
UNITED STATES SENATE
covering the period
JANUARY 6, 2015
TO
JANUARY 2, 2017
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
March 29, 2017.--Ordered to be printed
_________
U.S. GOVERNMENT PUBLISHING OFFICE
69-010 WASHINGTON : 2017
____________________________________________________________________
For sale by the Superintendent of Documents, U.S. Government Publishing Office,
Internet:bookstore.gpo.gov. Phone:toll free (866)512-1800;DC area (202)512-1800
Fax:(202) 512-2104 Mail:Stop IDCC,Washington,DC 20402-001
SELECT COMMITTEE ON INTELLIGENCE
RICHARD BURR, North Carolina, Chairman
MARK R. WARNER, Virginia, Vice Chairman
JAMES E. RISCH, Idaho DIANNE FEINSTEIN, California
MARCO RUBIO, Florida RON WYDEN, Oregon
SUSAN M. COLLINS, Maine MARTIN HEINRICH, New Mexico
ROY BLUNT, Missouri ANGUS S. KING, Jr., Maine
JAMES LANKFORD, Oklahoma JOE MANCHIN III, West Virginia
TOM COTTON, Arkansas KAMALA D. HARRIS, California
JOHN CORNYN, Texas
Mitch McConnell, Kentucky, Ex Officio Member
Charles E. Schumer, New York, Ex Officio Member
John McCain, Arizona, Ex Officio Member
Jack Reed, Rhode Island, Ex Officio Member
Christopher A. Joyner, Staff Director
Michael Casey, Minority Staff Director
Kelsey Stroud Bailey, Chief Clerk
During the period covered by this report, the composition of the Select
Committee on Intelligence was as follows:
Richard Burr, North Carolina, Chairman
Dianne Feinstein, California, Vice Chairman
JAMES E. RISCH, Idaho RON WYDEN, Oregon
DANIEL COATS, Indiana BARBARA A. MIKULSKI, Maryland
MARCO RUBIO, Florida MARK R. WARNER, Virginia
SUSAN M. COLLINS, Maine MARTIN HEINRICH, New Mexico
ROY BLUNT, Missouri ANGUS S. KING, Jr., Maine
JAMES LANKFORD, Oklahoma MAZIE K. HIRONO, Hawaii
TOM COTTON, Arkansas
Mitch McConnell, Kentucky, Ex Officio Member
Harry Reid, Nevada, Ex Officio Member
John McCain, Arizona, Ex Officio Member
Jack Reed, Rhode Island, Ex Officio Member
Christopher A. Joyner, Jack Livingston, Staff Directors
Michael Casey, David Grannis, Minority Staff Directors
Desiree Thompson Sayle, Chief Clerk
PREFACE
The Select Committee on Intelligence submits to the Senate
this report on its activities from January 6, 2015 to January
2, 2017. This report also includes references to activities
underway at the conclusion of the 114th Congress that the
Committee expects to continue into the future.
Senate Resolution 400 of the 94th Congress charges the
Committee with oversight responsibility for the programs and
activities of the United States Intelligence Community (IC).
The Committee conducts the preponderance of its oversight work
in secret; accordingly, it cannot be discussed publicly to
protect sensitive sources and methods. Nevertheless, the Select
Committee on Intelligence has submitted activities reports on a
biennial basis since 1977 to provide the American public with
information about its intelligence oversight efforts. We submit
this report to the Senate in furtherance of this practice.
We also take this opportunity to thank all of the Members
of the Committee in the 114th Congress. In particular, we take
special note of our colleagues who have completed their service
on the Committee. Senator Mikulski served on the Committee from
the 107th Congress until she retired from the U.S. Senate at
the end of the 114th Congress. Senator Coats served on the
Committee from the 112th Congress until he retired from the
U.S. Senate at the end of the 114th Congress. Senator Reid
served on the Committee in the capacity of an ex officio (non-
voting) member from the 109th Congress until he retired from
the U.S. Senate at the end of the 114th Congress. Senator
Hirono served on the Committee during the 114th Congress. Their
commitment to the Committee's important work helped to ensure
an adaptive, capable IC and a secure nation amidst a time of
global instability. We are grateful for their efforts.
We also express our sincerest gratitude for the work of all
members of the Committee's staff during the 114th Congress.
Their professionalism and dedication were essential to the
Committee's fulfillment of its oversight mandate.
Richard Burr,
Chairman.
Mark R. Warner,
Vice Chairman.
C O N T E N T S
----------
Page
Preface.......................................................... III
I. Introduction.....................................................1
II. Legislation......................................................2
A. Cybersecurity Information Sharing Act of 2015........... 2
B. Intelligence Authorization Act for Fiscal Year 2016..... 3
C. Intelligence Authorization Act for Fiscal Year 2017..... 5
III. Oversight Activities.............................................7
A. Hearings................................................ 7
1. Worldwide Threat Hearings............................. 7
2. Syria/Iraq............................................ 9
3. Cybersecurity......................................... 9
4. Countering the Islamic State of Iraq and the Levant... 9
5. FBI................................................... 10
6. Counterproliferation.................................. 10
7. Russia................................................ 10
8. Afghanistan/Pakistan.................................. 10
9. Western Hemisphere.................................... 11
10. Department of Energy Office of Intelligence and
Counterintelligence and the National Laboratory Complex 11
11. Asia Pacific Region.................................. 11
B. Intelligence Community Issues........................... 12
1. Encryption............................................ 12
2. Oversight of Intelligence Community Counterterrorism
Efforts................................................ 12
3. Defense Clandestine Service and the Defense
Intelligence Agency.................................... 13
4. Department of Defense Clandestine Activities.......... 13
5. Access to Presidential Policies that Bear on the
Intelligence Community................................. 13
6. Classification Policy................................. 14
7. Space Oversight and Management........................ 14
8. Intelligence Community Foreign Relations.............. 15
9. Management of Intelligence Community Analysis......... 15
10. Intelligence Community Information Technology
Enterprise............................................. 15
11. Collection Review.................................... 15
12. Audits and Investigations............................ 15
13. Intelligence Community Offices of Inspectors General. 16
14. Attorney General Guidelines for the Department of
Defense................................................ 16
15. USA FREEDOM Act...................................... 16
16. Foreign Intelligence Surveillance Act Amendments of
2008, Section 702 Semi-Annual Reports.................. 16
17. Multi-Sector Workforce............................... 17
18. Modernizing Financial Management..................... 17
19. Privacy and Civil Liberties Oversight Board.......... 17
20. Other Legislative Efforts............................ 17
IV. Nominations.....................................................18
A. Susan S. Gibson......................................... 18
B. Shirley Woodward........................................ 19
C. Robert Storch........................................... 19
V. Support to the Senate...........................................19
VI. Appendix........................................................19
A. Summary of Committee Actions............................ 19
1. Number of Meetings.................................... 20
2. Bills and Resolutions Originated by the Committee..... 20
3. Bills Referred to the Committee....................... 20
4. Committee Publications................................ 21
115th Congress } { Report
SENATE
1st Session } { 115-13
======================================================================
COMMITTEE ACTIVITIES
_______
March 29, 2017.--Ordered to be printed
_______
Mr. Burr, from the Select Committee on Intelligence,
submitted the following
R E P O R T
I. INTRODUCTION
The activities of the Committee during the 114th Congress
included: passage and enactment into law of critical
legislation; confirmation of a nominee to a key intelligence
Inspector General post; conducting extensive inquiries into,
and reviews of, activities of the IC. In addition, the
Committee fulfilled its many other oversight responsibilities
through regularly interacting with IC senior leaders,
conducting numerous hearings and briefings, traveling abroad
with Member and staff delegations, and visiting domestic IC
facilities.
As described in Part II of this report, the Committee's
paramount legislative priority and achievement in the 114th
Congress was enactment of the Cybersecurity Information Sharing
Act of 2015 (S. 754). The incorporation and promulgation of
this legislation as part of H.R. 2029 (Public Law No: 114-113)
represented the culmination of a steadily increasing alarm
among Committee Members about cybersecurity threats facing our
nation. Informed by a multi-year, extensive effort that drew on
the input of senior intelligence officials and private sector
experts, the Committee sponsored the Cybersecurity Information
Sharing Act of 2015 to improve cybersecurity in the United
States through enhanced sharing of cybersecurity threat
information.
Additionally, the Committee was successful in enacting a
seventh consecutive intelligence authorization bill (the
Intelligence Authorization Act for Fiscal Year 2016), and
favorably reporting out of Committee the Intelligence
Authorization Act for Fiscal Year 2017.
Throughout the 114th Congress, the Committee routinely
inquired into the IC's efforts to protect our national
interests--at home and abroad--against the unpredictable and
evolving terrorism threat, while safeguarding citizens' privacy
and civil liberties. Similarly, the Committee made the IC's
preparedness to warn of, and defend against, the cyber
capabilities of adversary nations and non-state actors, a
regular point of inquiry in hearings, briefings, and roundtable
discussions with the IC leadership. Finally, by means of
hearings, staff briefings, site visits, and other interactions
with the IC, the Committee exercised particular oversight of
the IC's performance relative to Syria, Iraq, Iran,
Afghanistan, Pakistan, and the Asia-Pacific Region.
II. LEGISLATION
A. Cybersecurity Information Sharing Act of 2015
The serious and growing number of cyber threats has been
the subject of significant Committee oversight and extensive
testimony from senior IC officials. The Committee has reviewed
many troubling cybersecurity incidents and focused considerable
attention on malicious actors' efforts in cyberspace to inflict
harm in the short term, and to intensify their capabilities
over the long term. Through IC reporting and senior officials'
testimony, the Committee has maintained awareness of the broad
scope of risks posed by cyber threats to our national security
and economic interests. Foreign cyber actors have stolen
sensitive U.S. national security information and valuable
commercial information for intelligence purposes and economic
gain. The Committee has noted with growing concern a trend in
cyber activity: intrusions into sensitive government systems
and critical infrastructure. The potential for a disruptive or
destructive attack on our infrastructure continues to be one of
the most significant cyber threats facing the United States.
Capitalizing on its cybersecurity and legal expertise, the
Committee constructed a legal framework to improve the sharing
of information between the public and private sector about
cyber threats. Building on the Committee-reported Cyber
Information Sharing Act (CISA) during the 113th Congress, the
Committee reported an updated Cybersecurity Information Sharing
Act of 2015 (S. 754) on March 17, 2015. The bill included
authorizations, procedures, and protections to encourage
public/private collaboration on cybersecurity threats,
including:
Requirements for procedures for the
government to increase sharing about cybersecurity
threats with the private sector, including increased
sharing of classified information and declassification
as appropriate;
Clarification of authorities for entities to
monitor data on or transiting their networks or those
of consenting customers, for cybersecurity threats,
take defensive measures on their networks for
cybersecurity purposes, and voluntarily share relevant
information about cybersecurity threats with each other
and the government;
Requirements for procedures to ensure
appropriate sharing of cyber threat indicators and
defensive measures within the government, establishment
of privacy guidelines, and the creation of a capability
and process at the Department of Homeland Security as
the primary means of receiving cyber threat indicators
and defensive measures from the private sector;
Limitations on the government's use of cyber
threat information to cybersecurity efforts, responding
to specific public safety threats, and countering
computer crimes;
Provision of liability protection to private
entities that appropriately monitor their networks and
share cyber threat indicators and defensive measures
consistent with privacy rules; and,
Requirements for multiple levels of
oversight of the information sharing system by senior
government officials, inspectors general, the Privacy
and Civil Liberties Oversight Board, and Congress.
This legislation passed the Senate on October 27, 2015, by
a vote of 74-21, and it was incorporated into and became law as
part of H.R. 2029 on December 18, 2015 (Public Law No: 114-
113).
B. Intelligence Authorization Act for Fiscal Year 2016
In the 114th Congress, the Committee emphasized the
continued enactment of annual intelligence authorization acts
as a primary means of its oversight.
The Committee's budget monitors evaluated the fiscal year
2016 National Intelligence Program and Military Intelligence
Program budget requests submitted by the President.
The intelligence entities covered by the annual budget
reviews included: the Office of the Director of National
Intelligence (ODNI), the Central Intelligence Agency (CIA), the
Defense Intelligence Agency (DIA), the National Security Agency
(NSA), the National Geospatial-Intelligence Agency (NGA), the
National Reconnaissance Office (NRO); the intelligence
capabilities of the military services and the U.S. Coast Guard;
and, the intelligence-related components of the Federal Bureau
of Investigation (FBI), as well as the Departments of State,
Treasury, Energy, and Homeland Security, and the Drug
Enforcement Administration.
As part of its budget review, the Committee received
testimony from senior IC officials in closed hearings.
Additionally, Committee budget monitors evaluated classified
budget justifications submitted by the Executive Branch. Based
on those reviews, the Committee prepared a classified annex to
its annual authorization bill and report. This annex contained
a classified schedule of authorizations and classified
direction to IC elements.
The Committee also reviewed the Administration's
legislative proposals for the public part of the fiscal year
2016 bill, which included new or amended legislative authority
requested by the IC.
The Committee completed work on an intelligence
authorization bill for fiscal year 2016 and reported a bill (S.
1705) on July 7, 2015, and subsequently reported an
accompanying report (S. Rpt. 114-83) on July 16, 2015. The
House of Representatives had previously passed the Intelligence
Authorization Act for Fiscal Year 2016 (H.R. 2596) on June 16,
2015, by a vote of 247-178. The Committee then worked with the
House Permanent Select Committee on Intelligence and other
congressional committees on a final version of the legislation.
On December 1, 2015, the House of Representatives passed an
amended version of H.R. 2596 (H.R. 4127), by a vote of 364-58.
Subsequently, the intelligence committees continued to work
on a joint bill to be included as Division M of the
Consolidated Appropriations Act of 2016 (H.R. 2029). After
resolving differences, both the House and the Senate passed
H.R. 2029 by recorded votes on December 18, 2015. It was
presented to the President and signed into law on December 18,
2015 (Public Law 114-113).
The Intelligence Authorization Act for Fiscal Year 2016
authorized funding for intelligence and intelligence-related
activities across the U.S. Government and included a classified
schedule of authorizations and a classified annex. The Act
contained a number of legislative provisions, including:
A requirement for the Director of National
Intelligence (DNI) to direct each agency to implement a
program for enhanced security review of individuals who
have been deemed eligible for access to classified
information or to hold a sensitive position;
A requirement for the DNI, in collaboration
with the Secretary of Defense, and the Chairman of the
Joint Chiefs of Staff, to develop a strategy, with
milestones and benchmarks, to ensure that there is a
comprehensive interagency review of policies and
practices for planning and acquiring national security
satellite systems and architectures, including the
capabilities of commercial systems and partner
countries, consistent with the National Space Policy
issued on June 28, 2010;
A provision making the National
Counterintelligence Executive subject to Presidential
appointment and Senate confirmation;
A requirement that the DNI submit an
assessment to the appropriate congressional committees
concerning the funding of political parties and
nongovernmental organizations in the former Soviet
States and Europe by the Russian Security Services
since January 1, 2006, as well as an assessment
concerning the use of political assassinations as a
form of statecraft by the Russian Federation to the
appropriate congressional committees;
A requirement that the Secretary of State
ensure that key supervisory positions at United States
diplomatic facilities in Cuba are occupied by citizens
of the United States who have passed a thorough
background check, and, in coordination with other
appropriate government agencies, submit to the
appropriate congressional committees a plan to further
reduce the reliance on locally employed staff in United
States diplomatic facilities in Cuba, including cost
estimates, timelines, and numbers of employees to be
replaced;
A requirement that the DNI, in consultation
with the Secretary of the Treasury, submit to the
appropriate congressional committees a report assessing
the monetary value of any direct or indirect form of
sanctions relief Iran has received since the Joint
Comprehensive Plan of Action entered into effect on
October 18, 2015, and how Iran has used funds made
available through such sanctions relief;
A prohibition on IC elements from using
funds authorized to be appropriated or otherwise made
available to transfer or release individuals detained
at Guantanamo Bay to or within the United States, its
territories, or possessions;
A prohibition on IC elements from using
funds authorized to be appropriated or otherwise made
available to construct or modify facilities in the
United States, its territories, or possessions to house
detainees transferred from Guantanamo Bay;
A prohibition on IC elements from using
funds authorized to be appropriated or otherwise made
available to transfer or release an individual detained
at Guantanamo Bay to the custody or control of any
country, or any entity within such country, as follows:
Libya, Somalia, Syria, or Yemen;
A requirement that the DNI submit a periodic
report to the congressional intelligence committees on
foreign fighter flows to and from Syria and Iraq;
A requirement that the DNI submit a report
on the strategy, efforts, and resources of the IC that
are necessary to detect, deter, and degrade the revenue
mechanisms of the Islamic State of Iraq and the Levant
(ISIL); and
A requirement that the President submit to
the appropriate congressional committees a
comprehensive report on the counterterrorism strategy
to disrupt, dismantle, and defeat ISIL, al-Qa'ida, and
their affiliated groups, associated groups, and
adherents.
C. Intelligence Authorization Act for Fiscal Year 2017
In early 2016, the Committee began its consideration of the
President's requests for funding levels and legislative
authority for fiscal year 2016. Again, the Committee's budget
monitors evaluated the budget requests submitted by the
Executive Branch. As before, the Committee also reviewed the
Administration's legislative proposals for the fiscal year 2017
bill, including new or amended legislative authority requested
by the IC. Committee staff received a number of briefings, and
the Committee conducted classified budget hearings.
The Committee reported the Intelligence Authorization Act
for Fiscal Year 2017 (S. 3017) on June 6, 2016, and
subsequently reported an accompanying report (S. Rpt. 114-277)
on June 15, 2016. The House of Representatives had previously
passed under suspension of the rules an Intelligence
Authorization Act for Fiscal Year 2016 (H.R. 5077) on May 24,
2016, with a roll call vote of 371-35. The Committee proceeded
to work with the House Permanent Select Committee on
Intelligence and other congressional committees on a final
version of the legislation. Reflecting a portion of these
discussions and agreements, the House of Representatives passed
two amended versions of the Intelligence Authorization Act for
Fiscal Year 2017 (H.R. 6393 on November 20, 2016, with a roll
call vote of 390-30; and H.R. 6480 on December 8, 2016) under
suspension of the Rules.
The Committee-passed Intelligence Authorization Act for
Fiscal Year 2017 authorizes funding for intelligence and
intelligence-related activities across the U.S. Government and
includes a classified schedule of authorizations and a
classified annex. The Act contained a number of legislative
provisions, including:
A requirement that the DNI submit a five-
year investment strategy for outreach and recruiting
efforts in the fields of Science, Technology,
Engineering, and Mathematics (STEM), and a requirement
that IC elements submit STEM investment plans
supporting this strategy for each of the fiscal years
2018 through 2022;
Authorization of a new pay scale to permit
salary increases for employees in the IC with STEM
backgrounds;
A requirement that the inspector general for
each IC element implement a policy that prohibits
Office of Inspector General senior employees from being
involved in potentially conflicting matters, as well as
prohibiting the DNI from requiring an employee of an
Office of Inspector General to rotate to a position in
the element over which such office conducts oversight;
A requirement that the DNI submit to the
congressional intelligence committees notifications and
copies of any classified or unclassified Presidential
Policy Directive, Presidential Policy Guidance, or
other similar policy document issued by the President
which involves the IC;
A requirement that the DNI and the Secretary
of Homeland Security establish a program to provide
assistance and support to certain critical
infrastructure entities, on a voluntary basis, for the
purpose of reducing the likelihood of catastrophic harm
resulting from a cyber-attack;
Authorization for the Director of the CIA to
pay death benefits substantially similar to those
authorized for members of the Foreign Service, and a
requirement that the Director submit implementing
regulations to the congressional intelligence
committees;
A requirement that the President establish
an interagency committee to counter active measures by
the Russian Federation that constitute Russian actions
to exert covert influence over peoples and governments;
A requirement that the Director of the FBI
certify that Russian diplomats have followed proper
travel notification procedures before the Secretary of
State can permit Russian diplomats' travel in excess of
50 miles outside of their diplomatic posts;
A requirement that the DNI conduct a study
to determine the feasibility of creating an
intelligence sharing arrangement and database among
parties to the Open Skies Treaty with higher frequency,
quality, and efficiency, as well as a requirement that
the DNI issue a report as to how the Russian Federation
is using Open Skies Treaty collection, a list of the
covered parties that have been updated with this
information, and an analysis of the benefits the United
States derives by being a party to the treaty as well
as the potential implications for covered state parties
if the United States should withdraw from the treaty;
A requirement that the Privacy and Civil
Liberties Oversight Board (PCLOB) keep Congress and
relevant IC elements fully and currently informed of
its activities;
A provision to ensure that the PCLOB can
maintain personnel in the absence of a chairman;
A provision to ensure that the PCLOB is
focused on the privacy and civil liberties of United
States persons when conducting its analysis and review
of United States counterterrorism efforts;
A requirement that the DNI complete a
declassification review of information on the past
terrorist activities of detainees transferred or
released from Guantanamo, make resulting declassified
information publicly available, and submit to the
congressional intelligence committees a report setting
forth the results of the declassification review and,
if any information covered by the review was not
declassified, a justification for the determination not
to declassify such information;
A prohibition on individuals detained at
Guantanamo from being transferred or released to a
foreign country until after the date that the DNI
certifies that an intelligence-driven threat monitoring
system has been established and is sufficient to
mitigate the risk of such individuals reengaging in
terrorism, or posing a threat to United States persons
or national security, and that the IC has the
capability to monitor all such individuals by
appropriate means to provide assessments on their
activities, as required;
A prohibition on the Secretary of Defense
from using waiver authority under 10 U.S.C.
Sec. 119(e)(1) to omit reporting intelligence or
intelligence-related activities in the annual report
requirements;
A requirement that the DNI, in collaboration
with the Secretary of Defense and the Chairman of the
Joint Chiefs of Staff, issue an update to the strategy
for a comprehensive review of the United States
national security overhead satellite architecture
required in the Intelligence Authorization Act for
Fiscal Year 2016 (H.R. 2029, Division M);
A requirement that the DNI conduct and
provide to the congressional intelligence committees a
current assessment of the IC's implementation of the
recommendations issued in 2013 by the National
Commission for the Review of the Research and
Development (R&D) Programs of the IC; and
A requirement that the DNI develop and brief
the congressional intelligence committees on a plan,
with milestones and benchmarks, to implement a R&D
Reserve Corps, as recommended in 2013 by the bipartisan
National Commission for the Review of the R&D Programs
of the IC.
The full Senate did not formally consider S. 3017 for
passage before the 114th Congress concluded. However, the
intelligence committees continue to work toward passing a
modified Intelligence Authorization Act for Fiscal Year 2017.
III. OVERSIGHT ACTIVITIES
A. Hearings
1. Worldwide Threat Hearings
Since 1994, the Committee has held annual open hearings to
review the IC's assessment of the current and projected
national security threats to the United States. These
``Worldwide Threat'' hearings cover national security concerns
in all geographic regions, as well as transnational threats
such as terrorism and weapons proliferation.
On February 12, 2015, the Committee held an open hearing on
the current and projected terrorist threats the United States
faces around the world. The witness before the Committee was
National Counterterrorism Center Director, Nick Rasmussen.
Director Rasmussen's unclassified prepared statement for the
record is available in the Hearings section of the Committee's
website. A video recording of the full hearing can also be
found on the Committee's website.
At the hearing, Director Rasmussen characterized the threat
environment as ``increasingly diverse and dynamic,'' and
described a ``new level of specialization and fragmentation
within (the) larger terrorism landscape.'' Director Rasmussen
noted the IC's counterterrorism enterprise may be entering an
era ``in which the centralized leadership of terrorist groups
matters less than it did previously,'' and ``group affiliation
and identity is more fluid, and extremist narratives are more
focused on a wider range of alleged grievances and enemies.''
Director Rasmussen's concluding supposition was that personal
connections among individual terrorists may now be more
relevant to their plotting than their individual group
affiliation or identity.
Director Rasmussen did caution, however, that the United
States continues to face ``moderate and small-scale threats''
from groups that are more structured and cohesive, similar to
``traditional'' al-Qa'ida and al-Qa'ida affiliates, adding that
``although the number of groups posing that truly transnational
threat is somewhat smaller and our efforts to place pressure on
them have met with some success, it's important to remember
that these groups are persistent and they're patient with their
desires and their plans to strike the homeland.''
The Committee held a closed hearing on the current and
projected national threats on February 24, 2015.
On February 9, 2016, in the second session of the 114th
Congress, the Committee held an open Worldwide Threat hearing.
Director of National Intelligence Clapper presented an opening
statement on behalf of the IC, and was joined at the witness
table by John O. Brennan, Director of the CIA; James B. Comey,
Director of the FBI; Admiral Michael Rogers, Director of the
NSA; and Lieutenant General Vincent Stewart, Director of the
DIA. Director Clapper's unclassified prepared statement for the
record is available in the Hearings section of the Committee's
website, along with a video recording of the full hearing.
Citing a sustained trend of ``unpredictable instability,''
Director Clapper highlighted that ``violent extremists are
operationally active in about 40 countries.'' Director Clapper
added that seven countries are ``experiencing a collapse of
central government authority and 14 others face regime-
threatening or violent instability, or both,'' while another
``59 countries face a significant risk of instability through
2016.'' Director Clapper further testified that migration and
displacement will strain countries in Europe, Asia, Africa, and
the Americas, noting that ``some 60 million people worldwide
(are) considered displaced.''
Speaking to threats arising in the arena of cyber and
technology, Director Clapper offered that the burgeoning
``Internet of Things'' will connect tens of billions of
physical devices susceptible to exploitation. Further, Director
Clapper added that Russia, China, Iran, and North Korea each
either have a sophisticated cyber program, or are actively
engaged in cyber espionage. Director Clapper also referred to
the threat of non-state cyber actors, highlighting ISIL's
``unprecedented online proficiency,'' as a non-state actor.
2. Syria/Iraq
The Committee held multiple hearings and briefings on the
violence in Syria and Iraq, and the instability caused by the
growth of terrorist groups such as ISIL and al-Qa'ida. The
Committee also reviewed allegations that intelligence analysis
was deliberately manipulated at U.S. Central Command's
Intelligence Directorate to reflect favored battlefield
outcomes in Iraq. Additionally, the Committee closely examined
Russia's combat deployment to Syria in September 2015 and its
provision of support to the Assad regime's brutal assault on
Syrian cities, including Aleppo.
3. Cybersecurity
The Committee held 11 hearings on cybersecurity-related
matters in the 114th Congress. As cited above, it passed the
``Cybersecurity Information Sharing Act of 2015,'' which was
signed into law as the ``Cybersecurity Act of 2015.'' This
comprehensive cybersecurity bill was the capstone of the
Committee's efforts over many years. This bill provided clear
authorities to improve the nation's cybersecurity, and allows
for the continued, meaningful oversight of U.S. Government
cybersecurity efforts. The Committee has supported the bill's
implementation through regular meetings with stakeholders and
continued assessment of required reports. Beyond hearings and
legislative activities, the Committee and its staff frequently
engaged with both U.S. Government personnel and leading private
sector stakeholders to discuss cybersecurity topics.
The Committee's formal and informal activities have
contributed to its detailed and comprehensive awareness of the
threats to, and vulnerabilities of, U.S. networks and systems,
including the increased aggressiveness of malicious cyber
actors. These escalating threats illustrated the importance of
the IC's continuously improving its cyber posture by fostering
innovation and collaboration. Accordingly, the IC's ability to
develop, acquire, and effectively leverage the tools and talent
it needs to anticipate and mitigate cyber threats continues to
be a priority for the Committee.
4. Countering the Islamic State of Iraq and the Levant
During the 114th Congress, the threat from ISIL expanded
significantly, growing from the battlefield in Syria and Iraq
to become a global threat. The Committee conducted eight
hearings and roundtables associated with the IC's assessment of
the ISIL threat, and examined the IC's capabilities to
effectively collect intelligence on ISIL activities.
The Committee also conducted regular meetings with IC
personnel to evaluate the IC's role in tracking terrorist
travel, and the threat from foreign fighters traveling to and
from the conflict in Syria and Iraq to join ISIL and other
terrorist groups. Committee staff conducted regular meetings
with IC personnel to assess the IC's response to ISIL's highly
effective online recruitment campaign for foreign fighters.
Additionally, during the 114th Congress, the Committee
staff held numerous in-depth oversight meetings with government
officials to examine the effectiveness of counter-ISIL
operations, and to better understand related intelligence
collection and analysis.
5. FBI
FBI officials appeared before the Committee more than 19
times during the 114th Congress. Due to a rapid uptick in
threats from homegrown violent extremists in the summer and
fall of 2015, many of the witnesses focused on counterterrorism
issues. Several other briefings were dedicated to defending our
nation against cyber-attack, and the challenges presented by
ubiquitous encryption. Director Comey appeared before the
Committee eight times, discussing ``Going Dark'' extensively.
Conversations with Director Comey centered on preserving the
benefits of strong encryption, while addressing law
enforcement's frequent inability to collect evidence or pursue
terrorist suspects.
6. Counterproliferation
The Committee held multiple hearings to discuss the IC's
counterproliferation efforts, including: the illicit transfer
of Weapons of Mass Destruction (WMD) and missile technology by
nation states, and the threat of terrorist use of WMD. While
the details of these hearings are classified,
counterproliferation issues were a major focus of the
Committee.
In particular, the Committee held a number of briefings and
hearings on Iran's compliance with the Joint Comprehensive Plan
of Action to ensure the terms and conditions of the agreement
to limit Iran's nuclear ambitions are adhered to.
7. Russia
The Committee has focused extensively on the Russian threat
to U.S. national security. Hearings covered the Russian threat
to critical infrastructure, cybersecurity, counterintelligence,
and the Russian ``active measures'' campaign. During the 114th
Congress, the Committee held nine hearings at which the Russian
active measures campaign was discussed--four of which centered
on Russian involvement in the U.S. political process. The
Committee has consistently urged for more aggressive actions
that would increase collection, expose active measures, and
strengthen the counterintelligence postures of the United
States and our key allies. As a result of information obtained
throughout the Congress, the Committee included both classified
and unclassified provisions in the Intelligence Authorization
Act for Fiscal Year 2017 to address these matters.
8. Afghanistan/Pakistan
The Committee's efforts in the 114th Congress focused on
the IC's role in supporting U.S. policy objectives in
Afghanistan and the region, as the Obama Administration
continued toward its stated ``drawdown'' of forces. The Taliban
insurgency, its threats to regional capitals, and the
struggling National Unity Government present challenges to U.S.
policy in Afghanistan. The Committee continued to monitor
intelligence operations related to providing support to the
policymakers on these, and related, issues.
Bilateral relations with Pakistan play a prominent role in
addressing Afghanistan's security and political environment.
Accordingly, the Committee continued its oversight of IC
support to policymakers seeking to address perennial issues: a
terrorist safe haven in the tribal regions, the persistent
threat posed by the Haqqani network, and the Pakistani
military's efforts to stabilize and secure the Federally
Administered Tribal Areas.
Throughout the 114th Congress, the Committee conducted
hearings and received briefings on IC assessments regarding the
strength and long-term viability of the Afghan insurgency, and
the implications for long-term U.S. policy goals after combat
operations in Afghanistan end. As the new Administration
confronts challenges in the region, including an Afghanistan
still facing a strong insurgency supported by a safe haven in
Pakistan, ongoing terrorist developments in the region, and
continued tensions between India and Pakistan, the Committee
will continue to review the role of the IC in supporting
policymakers.
9. Western Hemisphere
The Committee closely reviewed intelligence activities in
the Western Hemisphere, examining the continued threats to
national security emanating from illicit trafficking, violent
transnational criminal organizations, and the military and
intelligence activities of U.S. adversaries in Latin America.
The Committee continues to seek ways to enhance working
relationships between the U.S. Government and partner nations
in Latin America through capacity building of police and
security forces as well as improving judicial processes and
combating corruption to enable a more unified effort to
dismantle cartels and criminal organizations. Latin America
remains plagued with extremely high levels of violence in
certain areas. The U.S. law enforcement and intelligence
communities have a responsibility to assist our neighbors in
confronting these threats to stability in the hemisphere and
the U.S. homeland.
10. Department of Energy Office of Intelligence and Counterintelligence
and the National Laboratory Complex
During the 114th Congress, the Committee focused on
safeguarding and leveraging the compartmented work performed
within the U.S. National Laboratory complex. This included a
hearing with the head of the Department of Energy's Office of
Intelligence and Counterintelligence (DOE-IN) and the heads of
the National Laboratories who work on national security issues
for the Department of Defense and the IC. Safeguarding this
information by increasing counterintelligence resources for
DOE-IN is a top priority in the Intelligence Authorization Act
for Fiscal Year 2017.
11. Asia Pacific Region
The Committee dedicated considerable time and attention to
monitoring events in the Asia Pacific Region, which included
travel to the region, numerous staff briefings, five Committee
hearings, and several Committee briefings on topics such as
military modernization efforts, burgeoning nuclear weapons
capability, and leadership intentions of regional actors. These
activities were central to the Committee's oversight
obligations vis-a-vis the IC and its mandate to inform
policymakers over the growing presence of violent extremism in
Southeast Asia, China's territorial expansion in the South
China Sea and East China Sea, North Korea's development of new
missile, conventional, and nuclear capabilities, and other
national security concerns in the region.
B. Intelligence Community Issues
1. Encryption
Encryption presents both benefits and challenges to U.S.
national security and public safety. The Committee engaged with
a wide variety of public and private sector experts to obtain
valuable insights into the debate. Although security
technologies play an important role in protecting an individual
consumer's communications, the Committee examined the impact
encryption has on IC efforts to conduct its mission. For
instance, terrorist use of new encrypted communication
technologies poses challenges to the IC's ability to identify
and thwart attacks.
The Committee urged the IC to work collaboratively with the
private sector to find both technical and policy solutions that
could serve to protect both the privacy and security of the
American people. The Committee also met with stakeholders to
isolate technical challenges, explore potential solutions, and
identify enduring legal principles to address this complex
issue appropriately. Meeting with subject matter experts
throughout the IC on encryption, the Committee looked at
specific technologies and applications, the policy options
available to the IC to achieve its mission, and the varying
impacts of a strategy that would affect both law enforcement
and intelligence components.
The Committee also heard testimony from senior IC leaders
on the current and future impacts of encryption technologies on
intelligence collection. The Committee reviewed both
qualitative and quantitative data on the scope and importance
of technological trends and their impact on specific missions.
The Committee believes that there should be a broader national
discussion about the relative benefits and risks of different
approaches to encryption and the particular role of the IC in
protecting our national security.
In April 2016, Chairman Burr and Vice Chairman Feinstein
distributed a discussion draft bill for review by important
stakeholders. The bill, entitled the Compliance with Court
Orders Act, required certain entities to provide readable data
to law enforcement, if those entities were served with a lawful
court order. The bill did not specify or mandate how entities
must comply with such court orders, but nevertheless provided
compensation to the entities for any costs they may incur by
complying (such as technical assistance). Chairman Burr and
Vice Chairman Feinstein did not formally introduce a bill, nor
did the Committee formally consider the legislation.
2. Oversight of Intelligence Community Counterterrorism Efforts
During the 114th Congress, the Committee continued its
oversight of the IC's role in U.S. counterterrorism efforts.
The Committee continued its practice of conducting regularly
scheduled hearings, roundtables, and meetings with IC personnel
relative to counterterrorism.
The Committee also devoted significant time and attention
to the IC's role in tracking terrorist travel and,
specifically, cross-border movement. Committee staff held
numerous in-depth oversight meetings with government officials
to review counterterrorism processes, procedures, and
technological capabilities in order to examine their efficacy,
verify their ability to adapt to the changing threats of
terrorist travel, and review the IC's integration of relevant
data sets. Committee staff also traveled to multiple field
locations to assess the effectiveness of the IC's terrorist
travel tracking efforts.
The complex and dynamic nature of the use of online and
encrypted communications by international terrorists created an
even greater need for the IC to find agile, innovative
solutions for intelligence collection. The Committee pressed
the IC to continue to streamline its collection efforts against
key international terrorist groups.
Additionally, during the 114th Congress, the Committee
continued to examine counterterrorism relations between the IC
and foreign liaison partners. Specifically, staff conducted
multiple oversight meetings with IC personnel to assess
counterterrorism intelligence sharing with existing strategic
international partners, and the extent to which the IC was
identifying new intelligence sharing partners to counter the
growing threat posed by international terrorist entities.
3. Defense Clandestine Service and the Defense Intelligence Agency
The Committee continued to examine closely the
implementation of the Defense Clandestine Service (DCS) to
ensure the intelligence needs of the Department of Defense are
adequately addressed, without unnecessary duplication of human
intelligence collection conducted elsewhere in the IC.
In addition to oversight of the DCS, the Committee received
regular briefings and reports regarding the DIA's performance
in providing defense intelligence to our warfighters, defense
planners, and national security leaders. The Committee focused
heavily on DIA's work in the areas of analysis, science and
technology, and strategic intelligence.
The Committee focused particular attention on the roles and
missions within the Defense Intelligence Enterprise. In 2015,
whistleblower allegations brought into question the integrity
and objectivity of intelligence analysis produced within the
U.S. Central Command Intelligence Directorate. This episode
brought longstanding Committee concerns to the fore and
prompted an examination of DIA's suitability for civilian
leadership given the systemic issues facing the agency,
including an ill-defined mission and a correspondingly vague
customer base.
4. Department of Defense Clandestine Activities
The Committee continued to examine closely all dimensions
of the intelligence and intelligence-related clandestine
activities overseen by the Under Secretary of Defense for
Intelligence, including program effectiveness, efficiency, and
compliance with applicable laws and directives. As part of this
effort, the Committee reviewed the management, coordination,
and transparency associated with certain programs.
5. Access to Presidential Policies that Bear on the Intelligence
Community
Presidential policy directives issued by the previous
Administration garnered particular attention because many were
not reported publicly, or contained classified annexes. The
Committee held a number of briefings to enhance its access to
IC-affecting presidential directives and other forms of written
direction, which were not made public or shared with Committee
Members or appropriately cleared congressional staff. Such
unacknowledged guidance could allow Executive Branch activity
to avoid proper congressional oversight. The Committee-reported
Intelligence Authorization Act for Fiscal Year 2017 includes a
provision that would require the IC to brief the Committee on
such directives to ensure appropriate oversight of White House
policy affecting the IC.
6. Classification Policy
The Committee held over 20 briefings on classification and
declassification policy with IC elements, the Information
Security Oversight Office within the National Archives and
Records Administration, members of the Public Interest
Declassification Board, and academic experts. A robust
classification regime is essential to protecting secrets,
ensuring appropriate sharing with mission partners, and
providing for appropriate public access when materials no
longer merit protection. Recent unauthorized disclosures
highlight the need to ensure effective security over classified
materials.
The Committee surfaced a number of issues, including the
persistently large number of classification guides (over 3,000
across the government) and the high number of categories of
classification and handling markings (43) that have yielded
error rates in the application of classification (up to 70
percent in some agencies). The Committee-reported Intelligence
Authorization Act for Fiscal Year 2017 includes provisions that
report on implementation of security reforms and an annual
report on IC controlled access programs.
7. Space Oversight and Management
During the 114th Congress, the Committee continued its
oversight efforts in the space domain, focusing in particular
on ensuring the reliable, effective, and resilient access to--
and operation in--space for intelligence purposes. Improved
foreign counterspace capabilities have made space a congested,
contested, and competitive environment, which jeopardizes this
goal. The Committee held a number of briefings and hearings to
ensure robust management of IC activity in space and effective
collaboration with the Department of Defense.
The Committee also conducted a number of hearings and
roundtables to examine key budget issues and to review space
system acquisitions. Moreover, the Committee held its first
open hearing with the Director of the NGA to discuss NGA's
increased leveraging of all sources of geospatial data--
classified and unclassified--to provide augmented value for its
customers. Further, the open hearing offered an opportunity to
appraise the potential impact a wave of new commercial imagery
providers will have on NGA. In addition to hearings, the
Committee and its staff engaged frequently on overhead
architecture topics with the NRO, NGA, and other IC and
government officials, and conducted site visits to government
facilities and commercial companies to meet with government
officials and industry leaders.
8. Intelligence Community Foreign Relations
The Committee reviewed its oversight of the IC's conduct of
foreign relations with counterparts overseas. Under the
National Security Act, the CIA has authority to coordinate
foreign intelligence and counterintelligence relations, while
the DNI oversees that coordination function. The Under
Secretary of Defense for Intelligence performs a similar
oversight function for intelligence and counterintelligence
relations undertaken by Department of Defense elements,
including the combatant commands and the military services.
Executive Order 12333 authorizes IC elements to engage in
foreign relations to support their statutorily assigned
missions.
Department of Defense foreign security cooperation efforts
are governed through dozens of specific statutes, each of which
has particular reporting and notification requirements to
Congress. However, there is no comprehensive congressional
framework for intelligence cooperation efforts. The Committee
held over a dozen briefings with the IC in an effort to ensure
that the Intelligence Community's approach to cooperation
efforts supports U.S. intelligence and policy objectives, is
not duplicative, and properly manages counterintelligence and
security risks.
9. Management of Intelligence Community Analysis
The Committee continued its review of the IC's management
methods for ensuring high-quality, timely, relevant, and
impartial analysis. The Committee held a number of hearings and
briefings to address allegations of bias in analysis conducted
by the Department of Defense Central Command's intelligence
center. It also hosted briefings to assess efforts by ODNI's
Chief of Analytic Integrity and Standards to exercise
leadership over the IC's analytic workforce, training,
practices, and products, in light of the dissolution of the
Deputy DNI for Analysis in 2010.
10. Intelligence Community Information Technology Enterprise
The Committee continued to host quarterly updates with the
IC's chief information officers to ensure the success of the
Intelligence Community Information Technology Enterprise (IC
ITE) initiative. IC ITE's model of shared services promises to
improve information sharing and access, enhance security
through detection and audit capabilities, and reduce U.S.
Government investment in unwanted legacy information technology
capabilities.
11. Collection Review
The Committee completed a review of IC collection
capabilities that started in the 113th Congress as a complement
to ongoing staff oversight efforts. A study team of five
staff--three professional staff and two detailees from the
Executive Branch--examined IC collection activities, identified
redundancies and gaps, confirmed their legal and policy bases,
and reviewed efforts to integrate them. Committee professional
staff took responsibility for appropriate action on the study's
findings and recommendations.
12. Audits and Investigations
During the 114th Congress, pursuant to Committee Rule of
Procedure 10.9, the Committee reassigned responsibility for
audits and oversight projects from a separate staff element to
the Committee's professional staff. Toward this end, staff
formed an external Technical Advisory Group with outside
experts and generated a report on a classified topic. Staff
also continued to monitor the progress of IC elements toward
obtaining unqualified financial opinions.
13. Intelligence Community Offices of Inspectors General
The Committee considered and confirmed the appointment of
Ms. Susan Gibson as the Inspector General of the National
Reconnaissance Office, the first person to hold this position
since its designation as a Senate-confirmed position in the
Intelligence Authorization Act for Fiscal Year 2014. Committee
staff also held briefings with the inspectors general of the
largest IC agencies (CIA, NSA, DIA, NGA, NRO, and the IC IG).
These discussions covered their semi-annual reports, annual
work plans, and whistleblower protection policies. The
Department of Defense Inspector General briefed Committee
Members on a critical whistleblower case, and the CIA Inspector
General testified before Committee Members on a sensitive
issue.
14. Attorney General Guidelines for the Department of Defense
Ensuring that all IC elements have updated Attorney General
guidelines has been an area of ongoing Committee interest. The
Committee reviewed and consulted with Executive Branch
officials on Department of Defense Directive 5240.1-R,
``Procedures Governing the Activities of Department of Defense
Intelligence Components that Affect United States Persons,''
which implements the Attorney General Guidelines pursuant to
Executive Order 12333, and which was last issued in 1982. The
Directive was updated on August 8, 2016 and implemented in its
Manual 5240.01, ``Procedures Governing the Conduct of
Department of Defense Intelligence Activities.''
Key changes included updating the definition of the term
``collection,'' issuing guidelines for retaining and destroying
collected information, and addressing accountability for
special circumstances. Committee staff have continued to
monitor the Directive's implementation to assess its impact on
intelligence activities, if any.
15. USA FREEDOM Act
Committee staff have monitored implementation of the USA
FREEDOM Act (H.R. 2048, P.L. 114-23) enacted on June 2, 2015,
particularly the modifications to the ``business records''
program authorized under Section 215 to ensure its continued
effectiveness as a counterterrorism tool.
16. Foreign Intelligence Surveillance Act Amendments of 2008, Section
702 Semi-Annual Reports
Section 702 of the Foreign Intelligence Surveillance Act is
a critical intelligence tool which carries with it a
significant oversight burden for the IC, the Department of
Justice, and the Committee. Committee staff continued to review
the statutorily mandated Semi-Annual Reports. Following
production of the Reports, the Committee engaged with Executive
Branch representatives to probe, in particular, the number of
compliance incidents reported and to assess the authority's
operational utility. These oversight activities play a critical
role in helping the Committee evaluate the reauthorization of
Section 702, which is set to expire at the end of 2017.
17. Multi-Sector Workforce
The Committee continued to examine ways in which the IC can
improve the management of its workforce while achieving a
better balance between government personnel and core
contractors. The Committee held a number of briefings resulting
in a provision in the Committee-reported Intelligence
Authorization Act for Fiscal Year 2017 that no longer applies
personnel ceilings to the IC's civilian workforce. This
approach mirrors Congress's management of civilian workforces
in other government sectors. The Committee seeks to provide IC
managers flexibility in striking the appropriate balance among
civilian, military, and contractor workforce sectors,
independent of arbitrary end-strength caps.
18. Modernizing Financial Management
The Committee held a number of briefings regarding options
to improve financial management of the National Intelligence
Program. Past efforts centered on the consolidation or
separation of National Intelligence Program accounts from
Department of Defense accounts. The current focus is enhancing
the IC's ability to manage resources, reach audit readiness,
and reduce counterintelligence risks. The Committee continues
to work with ODNI on specific proposals to achieve consensus
among various government stakeholders.
19. Privacy and Civil Liberties Oversight Board
The Committee held briefings on March 4, 2016, and on May
5, 2016, with PCLOB staff members, regarding the PCLOB's then-
current classified ``deep dive'' studies on various
intelligence programs. The Committee also engaged on the
PCLOB's ongoing classified and unclassified study regarding
Executive Order 12333. In addition, the briefings generally
covered certain hiring, declassification, and notification
issues.
20. Other Legislative Efforts
During the 114th Congress, the Committee provided
significant input to other legislative efforts for which the
Committee did not have referral jurisdiction. Specifically, the
Committee worked with Senate Judiciary Committee staff to
protect IC equities with improvements to the Federal Bureau of
Investigation Whistleblower Protection Enhancement Act of 2016
(H.R. 5790), which was signed into law on December 16, 2016;
the FOIA Improvements Act of 2016 (S. 337), which was signed
into law on June 30, 2016; and the Judicial Redress Act (H.R.
1428), which was signed into law on February 24, 2016. The
Committee also worked with the Senate Homeland Security and
Governmental Affairs Committee to protect IC equities with
improvements to the Inspector General Empowerment Act of 2015
(H.R. 6450, as passed), which was signed into law on December
16, 2016. The improvements included provisions to protect
sources and methods and other access to national security-
sensitive information.
IV. NOMINATIONS
During the 114th Congress, the Committee received two
nominations from President Obama, one of which it considered
directly upon receipt (see below).
Section 17 of S. Res. 400 of the 94th Congress (as amended)
and a 2009 unanimous consent agreement govern referrals of
nominations to the Committee. S. Res. 445, which amended S.
Res. 400 in 2004, required all nominations to positions in the
IC requiring the Senate's advice and consent be reported by the
Select Committee on Intelligence, even when they are positions
within departments that are primarily under the jurisdiction of
other Senate committees, though the committee overseeing the
given department or agency may hold hearings and interviews on
the nomination. Notwithstanding that general guidance, the
resolution directed the Assistant Attorney General for National
Security be reported by the Judiciary Committee, but referred
to the Select Intelligence Committee. In the wake of the
Intelligence Authorization Act for Fiscal Year 2014, which made
the directors and inspectors general of the NRO and the NSA
Senate-confirmed positions, the Senate adopted S. Res. 470,
July 7, 2014. This resolution directed that if the nominee were
a civilian, the Intelligence Committee would report the
nomination and refer it to the Armed Services Committee, and if
the nominee were a member of the Armed Forces on active duty,
the reverse.
A unanimous consent agreement of January 7, 2009, refers
all nominations for inspectors general to the committees of
primary jurisdiction and then sequentially to the Senate
Committee on Homeland Security and Governmental Affairs. Under
this consent agreement, the nominations for the NRO and NSA
inspectors general are thus also referred to the Homeland
Security and Governmental Affairs Committee. The exception to
this consent agreement is the inspector general for the CIA,
which is handled exclusively by the Intelligence Committee.
The following nominations were referred to the Committee
during the 114th Congress:
Susan S. Gibson, Inspector General of the National Reconnaissance
Office
On April 14, 2016, the President nominated Susan S. Gibson
to be Inspector General of the National Reconnaissance Office.
At that time, Ms. Gibson was the Principal Deputy General
Counsel at the Office of the Director of National Intelligence.
After receiving Ms. Gibson's responses to the Committee's
standard questionnaire, as well as her responses to the
Committee's prehearing questions about her understanding of the
duties and responsibilities of the office to which she had been
nominated, the Committee held a nomination hearing on June 7,
2016. Ms. Gibson's testimony and her responses to the
Committee's questionnaire, prehearing questions, and questions
for the record are posted on the Committee's website. Following
the hearing, the Committee unanimously reported the nomination
favorably on June 13, 2016. The nomination was reported to the
Armed Services and Homeland Security and Governmental Affairs
committees and discharged. The Senate approved the nomination
by a vote of 93-0 on September 15, 2016.
Shirley Woodward, Inspector General of the Central Intelligence Agency
On June 16, 2016, the President nominated Shirley Woodward
to be Inspector General of the Central Intelligence Agency. At
that time, Ms. Woodward was a partner with the law firm Wilmer
Cutler Pickering Hale and Dorr LLP, in the firm's Litigation
and Controversy practice.
Questions about Ms. Woodward's understanding of the duties
and responsibilities of the office to which she had been
nominated were prepared, and responses to the Committee's
standard prehearing questionnaire were furnished. However, the
Committee did not hold a nomination hearing during the 114th
Congress.
Robert P. Storch, Inspector General of the National Security Agency
On November 29, 2016, the President nominated Robert P.
Storch to serve as Inspector General of the National Security
Agency. At that time, Mr. Storch was the Deputy Inspector
General of the Department of Justice, and served as the
Whistleblower Ombudsman in the Office of the Inspector General
there, and as Chair of the Council of the Inspectors General on
Integrity and Efficiency Whistleblower Ombudsman Working Group.
The Committee did not act on this nomination during the 114th
Congress.
Subsequently, on January 4, 2017, President Obama
renominated Mr. Storch to be Inspector General of the National
Security Agency. The Committee received Mr. Storch's Ethics in
Government Act submission on January 6, 2017. On February 28,
2017, President Trump withdrew Mr. Storch's nomination.
V. SUPPORT TO SENATE
Under S. Res. 400, which established the Committee in 1976,
the Select Committee on Intelligence has an important role in
assuring that the IC provides ``informed and timely
intelligence necessary for the executive and legislative
branches to make sound decisions affecting the security and
vital interests of the Nation.'' The Committee fulfills this
responsibility by providing access to IC information and
officials to the U.S. Senate.
The Committee facilitated access to intelligence
information for senators and staff outside the Committee by
inviting them to participate in briefings and hearings on
issues of shared jurisdiction or interest. Further, the
Committee provided intelligence briefings by its professional
staff to senators outside the Committee, and assisted senators
in resolving issues with intelligence agencies. The Committee
also offered its expertise with regard to arms control matters,
to include the Joint Comprehensive Plan of Action.
VI. APPENDIX
A. Summary of Committee Actions
1. Number of Meetings
During the 114th Congress, the Committee held a total of
133 on-the-record interviews, meetings, briefings, and
hearings, and numerous off-the-record briefings. There were 40
oversight hearings, including seven hearings on the IC budget,
and one open confirmation hearing. Of these 40 hearings, six
were open to the public and 34 were closed to the public in
order to protect classified information pursuant to Senate
rules. The Committee also held 69 on-the-record briefings and
roundtable discussions, and 14 business meetings, including
mark-ups of legislation. Additionally, the Committee staff
conducted nine on-the-record briefings, and numerous off-the-
record briefings.
2. Bills and Resolutions Originated by the Committee
S. Res. 55--An original resolution authorizing expenditures
by the Select Committee on Intelligence.
S. 754--An original bill to improve cybersecurity in the
United States through enhanced sharing of information about
cybersecurity threats and for other purposes.
S. 1705--An original bill to authorize appropriations for
fiscal year 2016 for intelligence and intelligence-related
activities of the United States Government, the Community
Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes.
S. 3017--An original bill to authorize appropriations for
fiscal year 2017 for intelligence and intelligence-related
activities of the United States Government, the Community
Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes.
3. Bills Referred to the Committee
S. 794--A bill to extend whistleblower protections for
defense contractor employees to employees of contractors of the
elements of the IC.
S. 1471--A bill to require declassification of certain
redacted information from the Joint Inquiry into Intelligence
Community Activities Before and After the Terrorist Attacks of
September 2001 and for other purposes.
S. 2239--A bill to restrict funds related to escalating
United States military involvement in Syria.
H.R. 2596--A bill to authorize appropriations for fiscal
year 2016 for intelligence and intelligence-related activities
of the United States Government, the Community Management
Account, and the Central Intelligence Agency Retirement and
Disability System, and for other purposes.
H.R. 4239--A bill to require IC reporting on foreign
fighter flows to and from terrorist safe havens abroad and for
other purposes.
H.R. 5077--A bill to authorize appropriations for fiscal
year 2017 for intelligence and intelligence-related activities
of the United States Government, the Community Management
Account, and the Central Intelligence Agency Retirement and
Disability System, and for other purposes.
4. Committee Publications
Report 114-8--Report of the Select Committee on
Intelligence covering the period January 3, 2013-January 5,
2015.
Report 114-32--Report to accompany the Cybersecurity
Information Sharing Act of 2015 (S. 754).
Report 114-83--Report to accompany the Intelligence
Authorization Act for Fiscal Year 2016 (S. 1705).
Report 114-277--Report to accompany the Intelligence
Authorization Act for Fiscal Year 2017 (S. 3017).
