[Senate Report 116-20]
[From the U.S. Government Publishing Office]
116th Congress } { Report
SENATE
1st Session } { 116-20
_______________________________________________________________________
R E P O R T
OF THE
SELECT COMMITTEE ON INTELLIGENCE
UNITED STATES SENATE
covering the period
JANUARY 3, 2017
TO
JANUARY 3, 2019
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
March 28, 2019.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
89-010 WASHINGTON : 2019
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
TOM COTTON, Arkansas KAMALA HARRIS, California
JOHN CORNYN, Texas MICHAEL BENNET, Colorado
BEN SASSE, Nebraska
Mitch McConnell, Kentucky, Ex Officio Member
Charles E. Schumer, New York, Ex Officio Member
James M. Inhofe, Oklahoma, 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
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 HARRIS, California
JOHN CORNYN, Texas
Mitch McConnell, Kentucky, Ex Officio Member
Charles E. Schumer, New York, Ex Officio Member
John McCain, Arizona (deceased)/James Inhofe, Oklahoma, Ex Officio
Member
Jack Reed, Rhode Island, Ex Officio Member
Christopher A. Joyner, Staff Director
Michael Casey, Minority Staff Director
Desiree Sayle/Kelsey Stroud Bailey, Chief Clerk
PREFACE
The Select Committee on Intelligence submits to the Senate
this report on its activities from January 3, 2017, to January
3, 2019. This report also includes references to activities
underway at the conclusion of the 115th 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, much of this information cannot be
discussed publicly in order to protect sensitive sources and
methods. Nevertheless, the Select Committee on Intelligence has
submitted activity 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 115th Congress. In particular, we take
special note to thank both Senator Lankford and Senator Manchin
for their valuable contributions made during the 115th
Congress. We also honor Senator McCain who served on the
Committee in the capacity of an ex officio (non-voting) member
from the 110th Congress until he passed away on August 25,
2018. His commitment to the Committee's important work helped
to ensure an adaptive and capable IC, as well as a secure
nation amidst a time of global instability.
We also express our sincerest gratitude for the work of the
Committee's staff during the 115th Congress. In particular, we
honor the life and work of Professional Staff Member Matthew
Young Pollard who passed away suddenly on April 24, 2018. We
also thank April Doss, Mark Egan, Michael Geffroy, Ryan
Kaldahl, Hayden Milberg, Desiree Sayle, Kerry Sutten, and Ryan
Tully for their service to this Committee. The professionalism
and dedication of both the Members and Staff 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. FISA Amendments Act Reauthorization Act of 2017......... 2
B. Intelligence Authorization Act for Fiscal Year 2017..... 3
C. Intelligence Authorization Act for Fiscal Year 2018..... 5
D. Damon Paul Nelson and Matthew Young Pollard Intelligence
Authorization Act for Fiscal Years 2018 and 2019......... 6
III. Oversight Activities.............................................9
A. Hearings................................................ 9
1. Worldwide Threat Hearings............................. 9
2. USA FREEDOM Act....................................... 10
3. Security Clearance Reform............................. 10
4. Asia Pacific Region................................... 11
5. Fifth-Generation (5G) Wireless Telecommunications
Technology............................................. 12
6. Social Media.......................................... 12
7. Syria/Iraq............................................ 12
8. Counterproliferation.................................. 12
9. Russia................................................ 13
10. Western Hemisphere................................... 13
11. Counter-Narcotics.................................... 13
12. Transnational Organized Crime........................ 13
13. Middle East Region................................... 13
14. Africa............................................... 14
B. Intelligence Community Issues........................... 14
1. Intelligence Community Counterterrorism Efforts....... 14
2. Foreign Investment and National Security.............. 14
3. Space Oversight....................................... 15
4. Financial Intelligence................................ 15
5. Federal Bureau of Investigation....................... 15
6. Technical Advisory Group.............................. 15
IV. Nominations.....................................................16
A. Mike Pompeo............................................. 16
B. Daniel Coats............................................ 16
C. Courtney Elwood......................................... 17
D. David James Glawe....................................... 17
E. Robert P. Storch........................................ 17
F. Isabel Marie Keenan Patelunas........................... 18
G. Susan M. Gordon......................................... 18
H. Christopher R. Sharpley................................. 19
I. John C. Demers.......................................... 19
J. Michael K. Atkinson..................................... 19
K. Jason Klitenic.......................................... 20
L. William R. Evanina...................................... 20
M. Lieutenant General Paul M. Nakasone..................... 20
N. Gina Haspel............................................. 20
O. Ellen E. McCarthy....................................... 21
P. Joseph Maguire.......................................... 21
V. Support to Senate...............................................21
VI. Appendix........................................................22
A. Summary of Committee Actions............................ 22
1. Number of Meetings.................................... 22
2. Bills and Resolutions Originated by the Committee..... 22
3. Bills Referred to the Committee....................... 22
4. Committee Publications................................ 23
B. Additional Views of Senators Wyden, Heinrich, and Harris 23
116th Congress } { Report
SENATE
1st Session } { 116-20
======================================================================
COMMITTEE ACTIVITIES
_______
March 28, 2019.--Ordered to be printed
_______
Mr. Burr, from the Select Committee on Intelligence,
submitted the following
R E P O R T
I. INTRODUCTION
The Committee fulfilled its many oversight responsibilities
by regularly interacting with Intelligence Community (IC)
senior leaders, conducting numerous hearings and briefings,
traveling abroad, and visiting domestic IC facilities. The
Committee also considered numerous nominations to positions in
the IC.
As described in Part II of this report, the Committee's
paramount legislative priority and achievement in the 115th
Congress was consideration and Senate passage of legislation to
reauthorize critical intelligence authorities against foreign
targets, as set forth in Title VII of the Foreign Intelligence
Surveillance Act of 2008 (most notably against foreigners
located abroad under Section 702) for six years, through
December 31, 2023. Additionally, the Committee passed the
Intelligence Authorization Act of 2017 (Public Law 115-31)
signed by the President on May 5, 2017, which authorized
funding for intelligence and intelligence-related activities of
the U.S. Government and included a number of legislative
provisions. The Committee also favorably reported out the
Intelligence Authorization Acts for both 2018 and 2019.
Throughout the 115th Congress, the Committee routinely
reviewed 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 IC leadership. Finally, by means of hearings,
staff briefings, site visits, and other interactions with the
IC, the Committee exercised focused oversight of the IC's
performance relative to Russia, China, North Korea, Iran,
Syria, Iraq, Afghanistan, and Pakistan.
In addition, the Committee continued its bipartisan
investigation into Russian interference in the 2016 U.S.
elections that began in January 2017. As of the report,
Committee staff had interviewed over 200 witnesses and reviewed
more than 300,000 pages of documents from the IC and third
parties. The Committee has held ten open hearings related to
the investigation, covering topics ranging from election
security to online disinformation efforts by foreign
adversaries. The Chairman and Vice Chairman also released
unclassified preliminary findings and recommendations on May 8,
2018, and July 3, 2018, that are available on the Committee
website.
II. LEGISLATION
During the 115th Congress, the Committee worked with the
Senate Judiciary Committee and other Senate Committees to
ensure IC perspectives were represented in development of the
Clarifying Lawful Overseas Use of Data (CLOUD) Act to promote
information sharing. This bill, which Chairman Burr and Vice-
Chairman Warner co-sponsored, was enacted into law on March 23,
2018 (P.L. 115-141). In addition, the Committee worked with
Senate and House Members on the successful passage of the FISA
Amendments Reauthorization Act of 2017. The Committee also
completed work on an Intelligence Authorization Act for Fiscal
Year 2017 and Fiscal Year 2018.
A. FISA Amendments Reauthorization Act of 2017
The FISA Amendments Reauthorization Act of 2017 (S. 139,
P.L. 115-118) (hereinafter, ``FISA Act'') was enacted on
January 19, 2018. The House of Representatives passed the FISA
Act on January 11, 2018, and the Senate passed the FISA Act on
January 18, 2018. The FISA Act reauthorized critical
intelligence authorities against foreign targets, as set forth
in Title VII of the Foreign Intelligence Surveillance Act of
2008, while providing enhanced transparency and privacy
protections for Americans and individuals in the United States.
The FISA Act's provisions include:
A requirement for the IC to provide specific
querying procedures to the Foreign Intelligence
Surveillance Court (FISC) and to Congress, which the
FISC must certify as compliant with the Fourth
Amendment;
A requirement for the Federal Bureau of
Investigation (FBI) to obtain a court order for
specific U.S. Person queries;
A requirement for the Department of Justice
Inspector General to conduct a review and issue a
report on the FBI's querying procedures and practices;
A limitation on the use of foreign
intelligence collected under FISA Section 702 as
evidence against U.S. Persons, except as authorized by
either a court order or if the Attorney General
determines there is a threat to national security or to
individuals under certain circumstances, such as death
or serious bodily harm;
A limitation on the IC's collection of
communications that reference a non-U.S. person
targeted for collection under FISA Section 702, but are
not ``to'' or ``from'' that target (also known as
``Abouts'' collection);
A requirement for amicus representation
before the FISC, should the government request further
FISC review of Abouts collection;
Permission for the FISC to compensate legal
and technical experts that serve as amici;
A requirement that the DNI, in consultation
with the Attorney General, review and declassify (to
the extent possible) the IC's minimization procedures
relevant to FISA Section 702;
Permission for the Privacy and Civil
Liberties Oversight Board (PCLOB) to operate in a
manner consistent with classified-based meetings, as
well as to hire staff if the PCLOB Chair position is
vacant;
A requirement that certain IC elements
maintain privacy and civil liberties officers;
Protections for IC contractors who report
fraud, waste, and abuse;
Increases the penalty for unauthorized
removal and retention of classified documents or
material from one year to five years; and
A sunset of December 31, 2023, thereby
ensuring that Congress will revisit the Title VII
authorities within six years.
B. Intelligence Authorization Act for Fiscal Year 2017
In the 115th Congress, the Committee continued to view
enactment of annual intelligence authorization acts as a
primary means of its oversight of the IC. The Committee worked
with the House Permanent Select Committee on Intelligence
(HPSCI) to secure passage of a joint Intelligence Authorization
Act for Fiscal Year 2017. The Committee's budget monitors also
evaluated the Fiscal Years 2018 and 2019 National Intelligence
Program and Military Intelligence Program.
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 Intelligence (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
2017 bill, which included new or amended legislative authority
for the IC. In addition to the consideration and inclusion of a
number of these proposals, the Committee also considered and
approved other measures based upon the information it gathered
while performing its oversight duties.
The Committee favorably reported out the Intelligence
Authorization Act for Fiscal Year 2017 (S. 3017) on June 6,
2016, and an accompanying report (S. Rpt. 114-277) on June 15,
2016. The House of Representatives passed an Intelligence
Authorization Act for Fiscal Year 2017 (H.R. 5077) on May 24,
2016, by a roll call vote of 371-35. The Committee proceeded to
work with the HPSCI and other congressional committees on a
final version of the legislation. The House of Representatives
passed two amended versions of the Intelligence Authorization
Act for Fiscal Year 2017: H.R. 6393 on November 20, 2016, by a
roll call vote of 390-30; and H.R. 6480 on December 8, 2016,
under suspension of the House Rules.
The full Senate did not consider S. 3017 for passage before
the 114th Congress concluded. At the beginning of the 115th
Congress, the Committee reintroduced the Intelligence
Authorization Act for Fiscal Year 2017, which reflected the
earlier joint work with the House Permanent Select Committee on
Intelligence. The committee reported the bill (S. 133) and
accompanying report on January 20, 2017. It was included as
Division N of the Consolidated Appropriations Act, 2017 (H.R.
244). The House passed H.R. 244 on May 3, 2017, by a roll call
vote of 309-118. The Senate passed H.R. 244 on May 4, 2017, by
a roll call vote of 79-18. The President signed H.R. 244 into
law on May 5, 2017 (Public Law 115-31).
As enacted, the 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:
Requiring the DNI to submit a five-year
strategy for outreach and recruiting efforts in the
fields of science, technology, engineering, and
mathematics (STEM);
Authorizing a higher pay scale for IC
employees with STEM experience;
Requiring the DNI to develop and implement a
uniform policy for each identified Inspector General
(IG) office in the IC to better ensure their
independence;
Directing the DNI to submit analytic
assessments of a review or an investigation of proposed
investments into the United States, including national
security threat assessments provided to the Committee
on Foreign Investment in the United States (CFIUS);
Requiring the President to establish an
interagency committee to counter active measures by the
Russian Federation that constitute Russian actions to
exert covert influence over peoples and governments;
Requiring the Secretary of State, in
coordination with the Director of the FBI and the DNI,
to establish an advance notification regime governing
all Russian Federation accredited diplomatic and
consular personnel in the United States;
Requiring the DNI to determine the
feasibility of an intelligence sharing arrangement and
database among parties to the Open Skies Treaty (OST)
with higher frequency, quality, and efficiency and
provide an intelligence assessment on Russian
Federation warfighting doctrine and the extent to which
Russian Federation flights under the OST contribute to
its warfighting doctrine;
Requiring the DNI, in consultation with the
Secretary of Defense, to submit a plan to functionally
integrate the IC's governance, operations, analysis,
collection, policy, and acquisition activities related
to space and counterspace;
Requiring the DNI to review and report on
the Government's system for classifying and
declassifying national security information to improve
the protection of such information, enable information
sharing with allies and partners, and support
appropriate declassification;
Requiring the DNI to 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;
Directing the DNI to submit to the
congressional intelligence committees a report on
foreign fighter flows to and from terrorist safe havens
abroad; and
Directing the Under Secretary of Homeland
Security for Intelligence and Analysis (I&A) to submit
to the congressional intelligence committees a report
on the cybersecurity threats to seaports of the United
States and maritime shipping.
C. Intelligence Authorization Act for Fiscal Year 2018
In early 2017, the Committee began its consideration of the
President's request for funding levels and legislative
authority for Fiscal Year 2018. The Committee's budget monitors
evaluated the budget requests submitted by the Executive
Branch. Committee staff received a number of briefings, and the
Committee conducted classified budget hearings.
The Committee reported the Intelligence Authorization Act
for Fiscal Year 2018 (S. 1761) on August 18, 2017, and an
accompanying report (S. Rpt. 115-151) on September 7, 2017. The
House of Representatives passed an Intelligence Authorization
Act for Fiscal Year 2018 (H.R. 3180) on July 28, 2017, by a
roll call vote of 380-35. The Committee proceeded to work with
the House Permanent Select Committee on Intelligence and other
congressional committees on a final version of the legislation.
The full Senate did not bring S. 1761 to the Floor for passage.
The Committee's Intelligence Authorization Act for Fiscal
Year 2018 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:
Providing an increased yearly cap for STEM
employee positions in the IC who perform critical cyber
missions;
Requiring the DNI to establish a task force
to standardize information sharing between the IC and
the United States Government acquisition community with
respect to supply chain and counterintelligence risks;
Requiring each designated Inspector General
(IG) to report on the application of classification and
handling markings, to include compartments, including
an analysis of compliance with declassification
procedures;
Requiring the DNI to share information
related to threats to election systems and to the
integrity of the election process with relevant cleared
officials;
Establishing a pilot program with the
National Labs and energy sector to protect against
security vulnerabilities and a working group to develop
a national cyber-informed engineering strategy to
defend covered entities;
Establishing an interagency council to
govern processes for security clearances, suitability
and fitness for employment, and credentialing;
Codifying the DNI as the government's
Security Executive Agent and the Director of the
Officer of Personnel Management as the government's
Suitability Executive Agent and the Credentialing
Executive Agent, specifying roles and responsibilities
for each;
Directing the DNI to establish a policy on
the issuance of interim security clearances and to
establish a policy for consistent treatment in the
security clearance process for government and
contractor personnel;
Requiring the IC to report on agencies'
vulnerabilities equities policies and processes, as
well as a strategic plan to implement bug bounty
programs at appropriate agencies and departments;
Directing the IC to assess and report on
cyber attacks against U.S. election infrastructure,
Russian efforts to interfere with the 2016 presidential
election, and security vulnerabilities of state
election systems;
Prohibiting the Government from expending
funds to establish or support a cybersecurity unit or
other cyber agreement between the U.S. and Russia,
unless the DNI provides notice;
Requiring the DNI to report on the threat of
Russian money laundering to the United States;
Requiring notifications on active measures
campaigns, as well as Russian diplomatic or consular
travel;
Requiring an IC working group on foreign
investment risks, with biennial reporting;
Requiring the Director of the National
Geospatial-Intelligence Agency (NGA) to report on the
authorities necessary to engage in commercial
activities to engage in specified basic and applied
research, data transfers, and development projects; and
Providing a Sense of Congress that WikiLeaks
and its senior leadership resemble a non-state hostile
intelligence service, often abetted by state actors,
and should be treated as such.
D. Damon Paul Nelson and Matthew Young Pollard Intelligence
Authorization Act for Fiscal Years 2018 and 2019
In early 2018, while still pursuing the joint bill for
Fiscal Year 2018, the Committee considered the President's
requests for funding levels and legislative authority for
Fiscal Year 2019. Again, the Committee's budget monitors
evaluated the budget requests submitted by the Executive
Branch. Committee staff received a number of briefings, and the
Committee conducted classified budget hearings.
The Committee reported the Matthew Young Pollard
Intelligence Authorization Act for Fiscal Years 2018 and 2019
(S. 3153) on June 28, 2018, and subsequently reported an
accompanying report (S. Rpt. 115-298) on July 11, 2018. The
House of Representatives passed the Matthew Young Pollard
Intelligence Authorization Act for Fiscal Year 2019 (H.R. 6237)
on July 12, 2018, by a roll call vote of 363-54. The Committee
proceeded to work with the House Permanent Select Committee on
Intelligence and other congressional committees on a final
version of the legislation. The full Senate did not consider S.
3153 for passage.
The Committee's Matthew Young Pollard Intelligence
Authorization Act for Fiscal Years 2018 and 2019 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:
Providing an increased pay scale for STEM
and cyber mission-specific IC employees;
Requiring the DNI to establish a task force
to standardize information sharing between the IC and
the Government acquisition community with respect to
supply chain and counterintelligence risks;
Requiring the IC, when entering into foreign
intelligence sharing agreements, to consider the
pervasiveness of telecommunications and cybersecurity
infrastructure, equipment, and services provided by
United States adversaries or entities thereof;
Permitting the DNI to provide cyber
protection support for the personal technology devices
and personal accounts of certain IC personnel;
Extending certain IC procurement authorities
to manage and protect against supply chain risks;
Prohibiting an IC officer who is nominated
to a Senate-confirmed position from making certain
classification determinations posing potential
conflicts of interest regarding that nominee;
Requiring the DNI to submit a plan for each
IC element's efforts in recruitment from rural and
underrepresented regions;
Authorizing the Director of the CIA to
support personnel assigned to an austere overseas
location, and to provide enhanced injury benefits to a
covered employee or qualifying dependents who suffer an
injury overseas due to war, insurgency, hostile act, or
terrorist activities;
Requiring the Secretary of Defense and the
DNI to jointly develop a framework for the roles,
missions, and functions of the Defense Intelligence
Agency as an intelligence community element and combat
support agency;
Requiring the DNI to submit a report on the
Director's review of the IC's posture to collect
against and analyze Russian efforts to interfere with
the 2016 United States presidential election;
Requiring the DNI to begin assessments of
security vulnerabilities of State election systems one
year before regularly scheduled Federal elections;
Requiring the DNI to develop a whole-of-
government strategy for countering Russian cyber
threats against United States electoral systems and
processes, and to provide an assessment of past and
ongoing Russian influence campaigns against foreign
elections and referenda;
Requiring the DNI to publish regular public
advisory reports on foreign counterintelligence and
cybersecurity threats to federal election campaigns
before those elections take place;
Requiring the DNI to sponsor security
clearances for each eligible chief election official of
a State, territory, or the District of Columbia (and
additional eligible designees), up to the Top Secret
level;
Requiring the DNI to designate a national
counterintelligence officer within the National
Counterintelligence and Security Center to lead,
manage, and coordinate election security-related
counterintelligence matters;
Holding the executive branch accountable for
transforming a security clearance process that has
largely not changed in 70 years;
Taking steps necessary to reduce the
background investigation backlog, ensuring SECRET
clearances are processed within 30 days and TOP SECRET
clearances within 90 days;
Requiring policies to ensure government and
contract employees are treated the same; clearances are
recognized across agencies more readily; and interim
clearances are granted in a consistent manner;
Strengthening oversight by codifying the DNI
as the government's Security Executive Agent and
requiring transparent reporting of the costs of
clearances;
Requiring greater use of automation,
publicly available data, and innovative practices in
the clearance process;
Prohibiting the Government from expending
funds to establish or support a cybersecurity unit or
other cyber agreement by the U.S. and Russia, unless
the DNI provides notice;
Requiring the IC to submit reports on the
intelligence risks of returning the diplomatic
compounds taken from Russia as a reprisal for Russian
meddling in the 2016 United States presidential
election;
Requiring the DNI to submit an assessment of
Russian threat finance activities to include global
nodes and entry points for Russian money laundering and
resulting counterintelligence threats;
Requiring the DNI to provide notice each
time the DNI has determined there is credible
information that a foreign power has attempted, is
attempting, or will attempt to employ a covert
influence or active measures campaign with regard to
the modernization, employment, doctrine, or force
posture of the nuclear deterrent or missile defense;
Requiring the Secretary of State, in
coordination with the Director of the FBI and the DNI,
to establish an advance notification regime governing
all Russian Federation accredited diplomatic and
consular personnel in the United States;
Requiring the DNI to submit a report on
known attempts by foreign governments to exploit
cybersecurity vulnerabilities in U.S.
telecommunications networks to surveil U.S. persons,
and actions that the IC has taken to protect U.S.
agencies and personnel from such surveillance;
Requiring the DNI to establish an IC working
group and submit a biennial report on foreign
investment risks;
Requiring the DNI, within 72 hours after a
covered foreign intelligence officer is designated as
persona non grata, to submit a notification of that
designation and justification for the expulsion;
Requiring the DNI to submit a report every
five years on the implications of global water
insecurity on the United States' national security
interests;
Expanding IC reporting requirements on the
diversity of IC personnel;
Reauthorizing the Public Interest
Declassification Board through 2028;
Providing a Sense of Congress that WikiLeaks
and its senior leadership resemble a non-state hostile
intelligence service, often abetted by state actors,
and should be treated as such.
III. OVERSIGHT ACTIVITIES
A. Hearings
1. Worldwide Threat Hearings
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 since 1994. These ``Worldwide
Threat'' hearings cover national security concerns in all
geographic regions, as well as transnational threats such as
terrorism and the malicious cyber activity of non-state actors.
On May 11, 2017, the Committee held an open Worldwide
Threat hearing on the current and projected threats the United
States faces around the world. The Director of National
Intelligence, Daniel Coats, was the principal witness and was
joined by Mike Pompeo, Director of the CIA; Admiral Michael
Rogers, Director of the NSA; Lieutenant General Vincent
Stewart, Director of the Defense Intelligence Agency; Robert
Cardillo, Director the National Geospatial-Intelligence Agency;
and Andrew McCabe, Acting Director of the FBI. Director Coats'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 open hearing.
At the hearing, Director Coats characterized the threat
environment as ``ever expanding,'' and noted that the
complexity of the threat landscape ``has challenged the IC to
stay ahead of the adversary.'' Director Coats offered IC
topline assessments concerning several adversary nations,
remarking that Russia was likely to be ``more aggressive in
foreign and global affairs, more unpredictable in its approach
to the United States, and more authoritarian in its approach to
domestic policies and politics,'' adding that China would
``pursue efforts aimed at fulfilling its ambitious `One Belt,
One Road' initiative to expand their strategic influence and
economic role across Asia through infrastructure projects.'' On
cyber threats, Director Coats noted that U.S. adversaries are
becoming ``bolder, more capable, and more adept at using cyber
space to threaten our interests and shape real-world
outcomes.''
On February 13, 2018, in the second session of the 115th
Congress, the Committee again held an open Worldwide Threat
hearing. Director Coats presented an opening statement on
behalf of the IC, and was joined at the witness table by Mike
Pompeo, Director of the CIA; Admiral Michael Rogers, Director
of the NSA; Lieutenant General Robert Ashley, Director of the
DIA; Robert Cardillo, Director of the NGA; and Christopher
Wray, Director of the FBI. Director Coats'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 open hearing, and submitted responses to
Questions for the Record.
Speaking to a threat environment that was characterized as
``complex, volatile, and challenging,'' Director Coats noted
that the risk of inter-state conflict was ``higher than at any
time since the end of the Cold War.'' Director Coats also noted
that U.S. adversaries as well as other malign actors are
``using cyber and other instruments of power to shape societies
and markets, international rules and institutions, and
international hot spots to their advantage.'' Director Coats
continued the assessment by describing the U.S. as having
``entered a period that can best be described as a race for
technological superiority against our adversaries, who seek to
sow division in the United States and weaken U.S. leadership.''
Concerning East Asia, Director Coats indicated that North
Korea ``continues to pose an ever more increasing threat to the
United States and its interests,'' adding that ``Pyongyang has
repeatedly stated that it does not intend to negotiate its
nuclear weapons and missiles away, because the regime views
nuclear weapons as critical to its security. North Korean
Chairman Kim also probably sees nuclear ICBMs as leverage to
achieve his long-term strategic ambition to end Seoul's
alliance with Washington and to eventually dominate the
peninsula.''
2. USA FREEDOM Act
Committee staff have continued to monitor implementation of
the USA FREEDOM Act (H.R. 2048, P.L. 114-23), as enacted on
June 2, 2015 and, particularly, the modifications to the
``business records'' program authorized under Section 215, to
assess its utility as a counterterrorism tool. Committee staff
also began the preliminary consideration of the Committee's
response to the upcoming sunset of these authorities in 2019.
3. Security Clearance Reform
The Committee addressed the security clearance process
during the 115th Congress to assess its effectiveness,
timeliness, and cost. The process has remained largely
unchanged since 1947 and suffers from an increase in the
background investigation inventory with timelines for
processing clearance requests that far exceed timeliness
targets set in the Intelligence Reform and Terrorism Prevention
Act of 2004. The Committee held an open hearing on the topic on
March 7, 2018 featuring Mr. Charles Phalen, Director of the
National Background Investigation Bureau; Mr. Daniel Payne,
Director of the Department of Defense's Defense Security
Service; Mr. Brian Dunbar, Deputy Director of the National
Counterintelligence and Security Center; Mr Garry Reid of the
Office of the Under Secretary of Defense for Intelligence; Ms.
Brenda Farrell of the Government Accountability Office; Mr.
Kevin Phillips of the ManTech International Corporation; Mr.
David Berteau of the Professional Services Council, and Ms.
Jane Chappell of the Raytheon Corporation. Witness testimony
and the hearing transcript are available on the Committee's
website. The Committee also held a closed hearing on this topic
in 2017 with representatives from the Intelligence Community.
The Committee hosted quarterly briefings with principals
from the Office of Management and Budget-led interagency
Performance Accountability Council from the OMB, Office of the
DNI, Under Secretary of Defense for Intelligence, and Office of
Personnel Management. Staff from the House and Senate
intelligence, armed services, and appropriations committees, as
well as the House Oversight and Government Reform Committee,
and the Senate Homeland Security and Government Affairs
Committee attended these briefings. The Committee hosted these
briefings to monitor the executive branch's efforts to reform
the clearance process. Committee staff also hosted more than 20
briefings on security clearance reform with representatives
from the IC, including the DNI, other IC elements, DHS, the
Office of Personnel Management, DoD, and industry. The
Intelligence Authorization Acts for Fiscal Year 2018 and 2019
provided a framework for holding the executive branch
accountable for reducing the number of background
investigations, consolidating the National Background
Investigation Bureau within in the Department of Defense,
maintaining transparency in costs, and ensuring prompt
reciprocity in recognizing clearances among agencies.
The Act also implemented a number of practical reforms. It
set goals for timelines to process applications for SECRET
clearances within 30 days and TOP SECRET clearances within 90
days. It also strengthened oversight by codifying the role of
the Director of National Intelligence as the government's
Security Executive Agent. Finally, it spawned innovation by
calling for a reduction in the clearance system's complexity
and examination of a ``clearance in person'' concept.
Committee staff also held many meetings with the executive
branch regarding the potential creation of a new agency in the
Defense Department to handle counterintelligence and security
matters, as well as a DNI-led interagency initiative called
Trusted Workforce 2.0, which endeavors to reform the personnel
security vetting enterprise. These efforts will continue into
the 116th Congress.
4. Asia Pacific Region
The Asia Pacific Region was a focus of considerable
Committee time and attention which included travel to the
region, numerous briefings to staff, and twelve Committee
hearings and briefings on topics such as military modernization
efforts, nuclear weapons capability, and the leadership
intentions of regional actors. These activities were central to
the fulfillment of the Committee's oversight mandate vis-a-vis
the IC's role in informing the national-level policymaking
process, with particular focus on North Korea's development of
new intercontinental ballistic missiles, conventional, and
nuclear capabilities, the advanced and critical technology
transfer campaign that China continues to conduct at the
expense of the U.S., and other national security concerns in
the region.
5. Fifth-generation (5G) Wireless Telecommunications Technology
The Committee collected expert insights from an array of
private sector, allied nation, and U.S. Government actors,
including representatives from the IC, the Government
Accountability Office, the telecommunications industry, and the
component supply side of 5G network deployment to closely study
the policies and national security risks associated with the
advent of a domestic 5G network. Committee staff will continue
to examine the security risks related to 5G and work with
public and private stakeholders to mitigate potential
vulnerabilities.
6. Social Media
The Committee vigorously examined the exploitation of
social media platforms by foreign actors to enable influence
operations against the United States. The Committee held four
separate open hearings on an array of subjects ranging from the
ability of state and state-sponsored actors to manipulate
public discourse using social media platforms, to the corporate
response to the use of social media platforms by agents linked
to Russia to conduct information operations in the United
States during the 2016 U.S. elections. The Committee worked
closely with industry partners to conduct this work, and
benefitted significantly from the insights, expertise, and
advanced analytic capabilities of digital media researchers and
technical experts who provided assistance to the Committee.
7. Syria/Iraq
The Committee held multiple hearings and briefings on the
continued fighting in Syria and Iraq. As operations to defeat
terrorist groups such as ISIL and al-Qa'ida continue, the
Committee focused on the outlook for regional stability and
reviewed the activities of Turkish, Iranian, Russian, and
Kurdish forces in the region. The Committee also considered the
Assad regime's brutal tactics in Syria, including the reported
use of chemical weapons and the U.S. response. Finally, the
Committee examined the political and security situation in
Iraq.
8. Counterproliferation
The Committee held multiple hearings and briefings to
discuss the IC's counterproliferation efforts, illicit transfer
of Weapons of Mass Destruction (WMD) and missile technology by
nation states, and the threat of terrorist use of WMD with a
renewed emphasis on chemical and biological threats. In
particular, the Committee assessed the IC's ability to detect
and rapidly share intelligence to facilitate the interdiction
of dangerous materials. The Committee also challenged the IC to
enhance collaboration across the U.S. Government on chemical
and biological threats, recognizing the unusual and
extraordinary threat they pose to U.S. national security. These
efforts were central to the fulfillment of the IC's role in the
National Strategy to Combat Weapons of Mass Destruction. The
Committee also engaged the IC and the cleared scientific
research community in order to assess the next generation of
biological threats--particularly where the deliberate misuse of
biotechnologies in the private sector may result in emerging
national security challenges.
9. Russia
In addition to the Committee's extensive activities
examining Russia's interference in the 2016 U.S. elections, the
Committee continued to focus on the threat posed by Russia's
malign activities. The Committee held open and closed hearings
addressing the threat from Russia and provided oversight of the
IC's analysis and reporting on this threat. Hearings focused
on, among other topics, Russian cyber-, asymmetric-, and
counterintelligence threats; Russia's national security
calculus and decision-making processes; Russian ``active
measures,'' to include disinformation and misinformation, as
well as threats to election systems and processes.
Additionally, Committee Members and staff engaged with allied
nations to exchange best practices about countering these
threats.
10. Western Hemisphere
The Committee focused on the transition of power and
elections in several key Latin American countries; continued to
monitor illicit narcotics trafficking; the threat posed by
violent transnational criminal organizations to the United
States and the stability of the region; the military and
intelligence activities of U.S. adversaries in Latin America;
and focused considerable time on mystery illnesses contracted
by U.S. Government Embassy personnel in Havana, Cuba. Oversight
activities included three hearings, numerous staff briefings,
and multiple visits to the region.
11. Counter-Narcotics
The Committee focused on oversight of the worldwide
counter-narcotics effort, devoting time during the worldwide
threats open and closed hearings to discuss the disruptive
effect the illegal narcotics industry has on stability in the
Western Hemisphere and the rising number of drug related deaths
within the United States. Members and staff visited the Joint
Interagency Task Force-South in Key West, Florida and staff
visited locations around the world to assess IC efforts to
combat the illegal drug trade. The Committee has highlighted
the increase in trafficking of fentanyl and synthetic opioids
and will continue to pursue specific measures to counter the
flow of those drugs into the U.S.
12. Transnational Organized Crime
Transnational organized crime (TOC) is a serious threat to
U.S. national security and was the focus of a significant
amount of the Committee's time. The Committee placed particular
attention on the IC's ability to track TOC engaged in
activities including trafficking-in-persons, financial crimes,
and illicit drug trade; concluding their trafficking networks
are commodity agnostic. The Committee held six briefings that
covered such topics as state-sponsorship and support to TOC and
terrorist groups' reliance on TOC for finances, weapons, or
other forms of assistance.
13. Middle East Region
The Middle East remained a critical priority for the
Committee. Developments throughout the region that most likely
will prove historic continue to shift security dynamics for the
United States and have required considerable, ongoing member
attention and focus. Committee members have traveled throughout
the region, have engaged in at least monthly briefings and
discussions, and have pressed the IC to remain vigilant and
creative in collecting against and assessing this challenging
target set. Committee priority issues have included the
persistent and evolving threat posed by Iran to U.S. national
security interests throughout the region; the war in Yemen and
the subsequent humanitarian crisis; Saudi Arabia's role in the
region and its new leadership; the implications of the gradual
roll back of ISIS-held territory; and the ongoing violence in
Syria and Iran's role there.
14. Africa
Committee activities related to the African continent
included travel to the region, numerous staff level briefings
on a range of issues and multiple hearings. The engagement has
primarily focused on the areas of counterterrorism,
counterintelligence, and regional stability. The Committee
placed particular emphasis on foreign investment and
development on the continent and its impact on the region.
B. Intelligence Community Issues
1. Intelligence Community Counterterrorism Efforts
During the 115th Congress, the Committee continued its
oversight of the IC's role in U.S. counterterrorism efforts, in
part, by continuing its practice of conducting regularly
scheduled hearings, roundtables, and meetings with IC personnel
related 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. The Committee also
reviewed the IC's integration of data sets related to screening
and vetting foreign travelers. The Committee conducted multiple
oversight meetings with IC personnel to assess the evolving
nature of homegrown violent extremism inspired by foreign
terrorist organizations. Finally, Committee staff traveled to
multiple field locations to assess the effectiveness of the
IC's counterterrorism efforts as well as counterterrorism
cooperation between the IC and foreign liaison partners.
2. Foreign Investment and National Security
The Committee held one hearing during the 115th Congress on
foreign investments and national security risks, including
studying the processes and jurisdiction of the Committee on
Foreign Investment in the United States (CFIUS), as well as
several hearings on closely related topics. These hearings
directly informed the drafting and consideration of the Foreign
Investment Risk Review Modernization Act (FIRRMA). FIRMMA was
enacted into law in August 2018, as part of the National
Defense Authorization Act and included a provision that will
improve the IC's ability to monitor threats in this space.
3. Space Oversight
During the 115th Congress, the Committee continued its
oversight of the space domain. The Committee's efforts focused
on ensuring reliable and resilient access to--and operation
in--space for intelligence purposes. The Committee held
hearings on IC space management and worked to ensure effective
collaboration with the Department of Defense. Hearings and
roundtables also examined key budget issues, cross-cutting
technology developments, analytic challenges, and space system
acquisitions. In addition to hearings, the Committee and its
staff engaged frequently on overhead architecture topics with
the National Reconnaissance Office (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.
4. Financial Intelligence
The Committee conducted a series of briefings with relevant
IC components to understand the U.S. Government's approach to
threat finance analysis and assess any gaps in the current
collection authorities. With the rise of sophisticated cyber
and financial attacks and increasing demand for accurate and
actionable threat finance analysis, the Committee explored how
the IC might increase its threat finance capacity and bolster
information sharing. The Committee also met with a range of
industry stakeholders to examine information sharing best
practices.
5. Federal Bureau of Investigation
The Committee continued its ongoing oversight of the FBI
through briefings, hearings, and site visits. It also offered
legislation on topics of oversight focus, including:
counterterrorism, counterintelligence, and cyber
investigations. Of particular interest to the Committee was
ensuring that the FBI is well positioned to investigate and
defend against foreign intelligence services' activities in the
United States--including election tampering, influence
operations on social media, and theft of sensitive intellectual
property from U.S. companies.
6. Technical Advisory Group
In the 115th Congress, the Committee continued to engage
and leverage its Technical Advisory Group (TAG). The TAG is
comprised of consultants, prominent scientists, technical
experts, and former Intelligence Community officials who engage
in specialized work on behalf of the committee. Teams of TAG
consultants at Data for Democracy, Graphika, and the Oxford
Internet Institute leveraged specialized expertise in digital
data and social media intelligence, as well as data analytic
capabilities otherwise unavailable to the Committee, to analyze
millions of individual pieces of information provided to the
Committee by U.S. social media companies Facebook, Twitter, and
Google. The resulting analysis yielded two published reports,
titled ``The Tactics and Tropes of the Internet Research
Agency'' and ``The IRA and Political Polarization in the United
States, 2015-2017,'' which were released on December 17, 2018.
They provided essential information on the role social media
platforms play in the execution of foreign influence and
disinformation campaigns.
IV. NOMINATIONS
During the 115th Congress, the Committee received and
considered sixteen nominations from President Trump.
Section 17 of S. Res. 400 of the 94th Congress (as amended)
and a 2009 Senate 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 and referred to
the Select Intelligence Committee. The Intelligence
Authorization Act for Fiscal Year 2014 made the directors and
inspectors general of the NRO and National Security Agency
(NSA) Senate-confirmed positions. The Senate subsequently
adopted S. Res. 470 on July 7, 2014 which 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. The
exception to this consent agreement is the inspector general
for the CIA, which is handled exclusively by the Senate Select
Committee on Intelligence. 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 following nominations were referred to the Committee
during the 115th Congress:
A. Mike Pompeo, Director of the Central Intelligence Agency
On January 20, 2017, President Trump nominated Mike Pompeo
to be Director of the Central Intelligence Agency. At that
time, Mr. Pompeo was serving as a United States Representative
from Kansas.
After receiving Mr. Pompeo's responses to the Committee's
standard questionnaire, as well as his responses to the
Committee's prehearing questions, the Committee held a
nomination hearing on January 12, 2017. The Committee reported
the nomination favorably on January 20, 2017. Mr. Pompeo's
hearing materials are posted on the Committee's website. The
Senate approved the nomination on January 23, 2017 by a vote of
66-32.
B. Daniel Coats, Director of National Intelligence
On January 20, 2017, President Trump nominated former
Senator and Select Intelligence Committee member Daniel Coats
to be the Director of National Intelligence. At that time, Mr.
Coats was a private citizen, having concluded his Senate term
at the end of the 114th Congress.
After receiving Mr. Coats's responses to the Committee's
standard questionnaire, as well as his responses to the
Committee's prehearing questions, the Committee held a
nomination hearing on February 28, 2017. Mr. Coats's hearing
materials are posted on the Committee's website. Following the
hearing, the Committee reported the nomination favorably on
March 9, 2017. The Senate approved the nomination by a vote of
85-12 on March 15, 2017.
C. Courtney Elwood, General Counsel of the Central Intelligence Agency
On March 21, 2017, President Trump nominated Courtney
Elwood to be the General Counsel of the Central Intelligence
Agency. At that time, Ms. Elwood was serving as a partner at
the law firm of Kellogg, Hansen, Todd, Figel & Frederick, PLLC.
After receiving Ms. Elwood's responses to the Committee's
standard questionnaire, as well as her responses to the
Committee's prehearing questions, the Committee held a
nomination hearing on April 26, 2017. Ms. Elwood's hearing
materials are posted on the Committee's website. Following the
hearing, the Committee reported the nomination favorably on May
4, 2017. The Senate moved to proceed to Ms. Elwood's nomination
by voice vote on May 23, 2017. The Senate approved the
nomination by a vote of 67-33 on June 6, 2017.
D. David James Glawe, Under Secretary for Intelligence and Analysis at
the Department of Homeland Security
On April 24, 2017, President Trump nominated David James
Glawe to be the Under Secretary for Intelligence and Analysis
at the Department of Homeland Security. At that time, Mr. Glawe
was serving on the National Security Council as a Special
Assistant to the President and Senior Director for Homeland
Security.
After receiving Mr. Glawe's responses to the Committee's
standard questionnaire, as well as his responses to the
Committee's prehearing questions, the Committee held a
nomination hearing on June 28, 2017. Mr. Glawe's hearing
materials are posted on the Committee's website. Following the
hearing, the Committee reported the nomination favorably on
July 11, 2017. The nomination was referred sequentially to the
Homeland Security and Governmental Affairs Committee and
discharged following a hearing on July 11, 2017. The Senate
approved the nomination by voice vote on August 3, 2017.
E. Robert P. Storch, Inspector General of the National Security Agency
On January 4, 2017, President Obama, before leaving office,
renominated Robert P. Storch to be Inspector General of the
National Security Agency to be considered in the 115th
Congress; President Obama previously nominated him in the 114th
Congress. On February 28, 2017, President Trump withdrew Mr.
Storch's nomination.
Subsequently, on June 19, 2017, the President nominated Mr.
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.
After receiving Mr. Storch's responses to the Committee's
standard questionnaire, as well as his responses to the
Committee's prehearing questions, the Committee held a
nomination hearing on July 19, 2017. Mr. Storch's hearing
materials are posted on the Committee's website. Following the
hearing, the Committee reported the nomination favorably on
July 25, 2017. The nomination was reported to the Armed
Services and Homeland Security and Governmental Affairs
committees and discharged. The Senate confirmed the nomination
by voice vote on December 21, 2017.
F. Isabel Marie Keenan Patelunas, Assistant Secretary for Intelligence
and Analysis at the Department of the Treasury
On June 19, 2017, President Trump nominated Isabel Marie
Keenan Patelunas to be the Assistant Secretary for Intelligence
and Analysis at the Department of the Treasury. At that time,
Ms. Patelunas was an Intelligence Officer at the Central
Intelligence Agency.
After receiving Ms. Patelunas's responses to the
Committee's standard questionnaire, as well as her responses to
the Committee's prehearing questions, the Committee held a
nomination hearing on July 19, 2017. Ms. Patelunas's hearing
materials are posted on the Committee's website. Following the
hearing, the Committee reported the nomination favorably on
July 25, 2017. The full Senate did not vote on Ms. Patelunas's
nomination in 2017, and her nomination was returned to the
President under Senate Rule XXXI, paragraph 6 of the Standing
Rules of the Senate.
On January 8, 2018, President Trump renominated Ms.
Patelunas to be the Assistant Secretary for Intelligence and
Analysis at the Department of the Treasury. The Committee
reported the nomination favorably on March 1, 2018. The Senate
confirmed the nomination by a vote of 75-20 on August 28, 2018.
G. Susan M. Gordon, Principal Deputy Director of National Intelligence
On June 29, 2017, President Trump nominated Susan M. Gordon
to be the Principal Deputy Director of National Intelligence.
At that time, Ms. Gordon was serving as the Deputy Director of
the National Geospatial-Intelligence Agency.
After receiving Ms. Gordon's responses to the Committee's
standard questionnaire, as well as her responses to the
Committee's prehearing questions, the Committee held a
nomination hearing on July 19, 2017. Ms. Gordon's hearing
materials are posted on the Committee's website. Following the
hearing, the Committee reported the nomination favorably on
July 25, 2017. The Senate confirmed the nomination by voice
vote on August 3, 2017.
H. Christopher R. Sharpley, Inspector General of the Central
Intelligence Agency
On September 5, 2017, President Trump nominated Christopher
R. Sharpley to be the Inspector General of the Central
Intelligence Agency. At that time, Mr. Sharpley was serving as
the Acting Inspector General of the Central Intelligence
Agency.
After receiving Mr. Sharpley's responses to the Committee's
standard questionnaire, as well as his responses to the
Committee's prehearing questions, the Committee held a
nomination hearing on October 17, 2017. Mr. Sharpley's hearing
materials are posted on the Committee's website. The Committee
did not act on the nomination. On July 23, 2018, the Senate
received notice that the President had withdrawn the
nomination.
I. John C. Demers, Assistant Attorney General of the National Security
Division at the Department Of Justice
On September 5, 2017, President Trump nominated John C.
Demers to be the Assistant Attorney General of the National
Security Division at the Department of Justice. At that time,
Mr. Demers was the Vice President and Assistant General Counsel
of Boeing.
Upon primary referral, the Senate Committee on the
Judiciary held a hearing on October 4, 2017, and reported the
nomination favorably on October 19, 2017. Upon sequential
referral, after receiving Mr. Demers's responses to the
Committee's standard questionnaire, as well as his responses to
the Committee's prehearing questions, the Committee held a
nomination hearing on October 31, 2017. Mr. Demers's hearing
materials are posted on the Committee's website. Following the
hearing, the Committee reported the nomination favorably on
November 7, 2017. The Senate confirmed the nomination by voice
vote on February 15, 2018.
J. Michael K. Atkinson, Inspector General of the Intelligence
Community, at the Office of the Director of National Intelligence
On November 16, 2017, President Trump nominated Michael K.
Atkinson to be the Inspector General of the Intelligence
Community. At that time, Mr. Atkinson was serving as an Acting
Deputy Assistant Attorney General and Senior Counsel to the
Assistant Attorney General of the National Security Division at
the Department of Justice.
After receiving Mr. Atkinson's responses to the Committee's
standard questionnaire, as well as his responses to the
Committee's prehearing questions, the Committee held a
nomination hearing on January 17, 2018. Mr. Atkinson's hearing
materials are posted on the Committee's website. Following the
hearing, the Committee reported the nomination favorably on
February 15, 2018. The nomination was referred sequentially to
the Homeland Security and Governmental Affairs Committee and
reported favorably on February 28, 2018. The Senate confirmed
the nomination by voice vote on May 14, 2018.
K. Jason Klitenic, General Consel of the Office of the Director of
National Intelligence
On November 14, 2017, President Trump nominated Jason
Klitenic to be the General Counsel of the Office of the
Director of National Intelligence. At that time, Mr. Klitenic
was serving as a partner at Holland & Knight.
After receiving Mr. Klitenic's responses to the Committee's
standard questionnaire, as well as his responses to the
Committee's prehearing questions, the Committee held a
nomination hearing on January 17, 2018. Mr. Klitenic's hearing
materials are posted on the Committee's website. Following the
hearing, the Committee reported the nomination favorably on
February 15, 2018. The Senate approved the nomination by voice
vote on August 1, 2018.
L. William R. Evanina, Director of the National Counterintelligence and
Security Center at the Office of the Director of National Intelligence
On February 5, 2018, President Trump nominated William R.
Evanina to be the Director of the National Counterintelligence
and Security Center. At that time, Mr. Evanina was serving in
that same position.
After receiving Mr. Evanina's responses to the Committee's
standard questionnaire, as well as his responses to the
Committee's prehearing questions, the Committee held a
nomination hearing on May 15, 2018. Mr. Evanina's hearing
materials are posted on the Committee's website. Following the
hearing, the Committee reported the nomination favorably on May
22, 2018. The Senate did not take up his nomination in the
115th Congress.
M. Lieutenant General Paul M. Nakasone, Director of the National
Security Agency
On February 8, 2018, President Trump nominated Lieutenant
General Paul M. Nakasone to be the Director of the National
Security Agency. At that time, Lieutenant General Nakasone was
serving as Commanding General, United States Army Cyber
Command.
Upon primary referral, the Senate Committee on Armed
Services held a hearing on March 1, 2018, and reported the
nomination favorably on March 6, 2018. Upon sequential
referral, after receiving Lieutenant General Nakasone's
responses to the Committee's standard questionnaire, as well as
his responses to the Committee's prehearing questions, the
Committee held a nomination hearing on March 15, 2018.
Lieutenant General Nakasone's hearing materials are posted on
the Committee's website. Following the hearing, the Committee
reported the nomination favorably on March 22, 2018. The Senate
confirmed the nomination by voice vote on April 24, 2018.
N. Gina Haspel, Director of the Central Intelligence Agency
On April 17, 2018, President Trump nominated Gina Haspel to
be the Director of the Central Intelligence Agency. At that
time, Ms. Haspel was serving as the Deputy Director of the
Central Intelligence Agency.
After receiving Ms. Haspel's responses to the Committee's
standard questionnaire, as well as her responses to the
Committee's prehearing questions, the Committee held a
nomination hearing on May 9, 2018. Ms. Haspel's hearing
materials are posted on the Committee's website. Following the
hearing, the Committee reported the nomination favorably on May
16, 2018. The Senate approved the nomination by vote of 54-45
on May 17, 2018.
O. Ellen E. McCarthy, Assistant Secretary of State, Intelligence and
Research
On June 18, 2018, President Trump nominated Ellen E.
McCarthy to be Assistant Secretary of State, Intelligence and
Research. At that time, Ms. McCarthy was serving as Vice
President for intelligence and analytics at an independent,
nonprofit science and technology organization.
After receiving Ms. McCarthy's responses to the Committee's
standard questionnaire, as well as her responses to the
Committee's prehearing questions, the Committee held a
nomination hearing on July 25, 2018. Ms. McCarthy's hearing
materials are posted on the Committee's website. Following the
hearing, the Committee reported the nomination favorably on
July 31, 2018. The Senate confirmed the nomination by voice
vote on January 2, 2019.
P. Joseph Maguire, Director of the National Counterterrorism Center,
Office of the Director of National Intelligence
On June 25, 2018, President Trump nominated Admiral Joseph
Maguire (ret.) to be the Director of the National
Counterterrorism Center. At that time, Mr. Maguire was serving
as President and CEO of the Special Operations Warrior
Foundation.
After receiving Mr. Maguire's responses to the Committee's
standard questionnaire, as well as his responses to the
Committee's prehearing questions, the Committee held a
nomination hearing on July 25, 2018. Mr. Maguire's hearing
materials are posted on the Committee's website. Following the
hearing, the Committee reported the nomination favorably on
July 31, 2018. The Senate confirmed the nomination by voice
vote on December 19, 2018.
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 to the U.S. Senate access to IC
information and officials.
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 115th Congress, the Committee held numerous
meetings and briefings, to include off-the-record briefings.
The Committee held a total of 150 hearings of which 27 were
open to the public and 123 were closed to the public in order
to protect classified information pursuant to Senate rules. A
total of 16 of the 150 hearings were devoted to the review of
nominees for positions requiring the advice and consent of the
Senate. Finally, the Committee also held 23 business meetings,
including mark-ups of legislation.
2. Bills and Resolutions Originated by the Committee
S. Res. 48--An original resolution authorizing expenditures
by the Select Committee on Intelligence.
S. 133--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.
S. 1761--An original bill to authorize appropriations for
fiscal year 2018 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. 3153--An original bill to authorize appropriations for
fiscal years 2018 and 2019 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. 141--To improve understanding and forecasting of space
weather events, and for other purposes.
S. 291--To amend the National Security Act of 1947 to
modify the requirements for membership to the National Security
Council and cabinet-level policy forum, and for other purposes.
S. 2002--To amend the National Security Act of 1947 to
provide whistleblower protections for employees of contractors
of elements of the intelligence community, and for other
purposes.
S. 2010--To extend the FISA Amendments Act of 2008 for 8
years, and for other purposes.
S. 3658--A bill to require the Director of National
Intelligence to submit to Congress a report on the death of
Jamal Khashoggi, and for other purposes.
S. 3724--To improve the processing and oversight by the
Federal Government of security clearances and background
investigations, and for other purposes.
H.R. 3180--A bill to authorize appropriations for fiscal
year 2018 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 115-2--Report to accompany the Intelligence
Authorization Act for Fiscal Year 2017 (S. 133).
Report 115-151--Report to accompany the Intelligence
Authorization Act for Fiscal Year 2017 (S. 1761).
Report 115-182--Report to accompany the FISA Amendments
Reauthorization Act of 2017.
Report 115-298--Report to accompany the Matthew Young
Pollard Intelligence Authorization Act for Fiscal Years 2018
and 2019 (S. 3153).
B. Additional Views of Senators Wyden, Heinrich, and Harris
The report's description of the FISA Amendments
Reauthorization Act of 2017 is not fully consistent with our
views of the legislation. Rather, we refer readers to our
Minority Views included in Senate Report 115-182 to accompany
S. 2010, the FISA Amendments Reauthorization Act of 2017, as
well as to our floor statements and other public statements in
connection with the Senate's consideration of S. 139.
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