[Senate Report 113-7]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                                 SENATE
 1st Session                                                      113-7
_______________________________________________________________________

                                     


                              R E P O R T

                                 of the

                    SELECT COMMITTEE ON INTELLIGENCE

                          UNITED STATES SENATE

                          covering the period

                            JANUARY 5, 2011

                                   to

                            JANUARY 3, 2013






                 March 22, 2013.--Ordered to be printed
                    SELECT COMMITTEE ON INTELLIGENCE

                 DIANNE FEINSTEIN, California, Chairman
                SAXBY CHAMBLISS, Georgia, Vice Chairman
JOHN D. ROCKEFELLER IV, West         RICHARD BURR, North Carolina
    Virginia                         JAMES RISCH, Idaho
RON WYDEN, Oregon                    DANIEL COATS, Indiana
BARBARA A. MIKULSKI, Maryland        MARCO RUBIO, Florida
MARK UDALL, Colorado                 SUSAN COLLINS, Maine
MARK WARNER, Virginia                TOM COBURN, Oklahoma
MARTIN HEINRICH, New Mexico
ANGUS KING, Maine

                 Harry Reid, Nevada, Ex Officio Member
              Mitch McConnell, Kentucky, Ex Officio Member
                Carl Levin, Michigan, Ex Officio Member
               James Inhofe, Oklahoma, Ex Officio Member

                     David Grannis, Staff Director
            Martha Scott Poindexter, Minority Staff Director
                    Kathleen P. McGhee, Chief Clerk

During the period covered by this report, the composition of the Select 
Committee on Intelligence was as follows:

                 DIANNE FEINSTEIN, California, Chairman
                SAXBY CHAMBLISS, Georgia, Vice Chairman
JOHN D. ROCKEFELLER IV, West         OLYMPIA J. SNOWE, Maine
    Virginia                         RICHARD BURR, North Carolina
RON WYDEN, Oregon                    JAMES RISCH, Idaho
BARBARA A. MIKULSKI, Maryland        DANIEL COATS, Indiana
BILL NELSON, Florida                 ROY BLUNT, Missouri
KENT CONRAD, North Dakota            MARCO RUBIO, Florida
MARK UDALL, Colorado
MARK WARNER, Virginia

                 Harry Reid, Nevada, Ex Officio Member
              Mitch McConnell, Kentucky, Ex Officio Member
                Carl Levin, Michigan, Ex Officio Member
                John McCain, Arizona, Ex Officio Member

                     David Grannis, Staff Director
           Martha Scott Poindexter, Minority Staff Director 
                    Kathleen P. McGhee, Chief Clerk


                                PREFACE

    The Select Committee on Intelligence submits to the Senate 
this report on its activities from January 5, 2011, to January 
3, 2013. This report also includes references to activities 
underway at the conclusion of the 112th Congress that the 
Committee expects to continue into the future.
    Under the provisions of Senate Resolution 400 of the 94th 
Congress, the Committee is charged with the responsibility of 
carrying out oversight of the programs and activities of the 
Intelligence Community of the United States. Due to the need to 
protect sources and methods used by the Intelligence Community 
to protect our nation's security, most of the Committee's 
oversight work is conducted in secret and cannot be discussed 
publicly. Nevertheless, the Select Committee on Intelligence 
has submitted activities reports on a biennial basis since 1977 
in order to provide as much information as possible to the 
American public about its intelligence oversight activities. We 
submit this report to the Senate in continuation of that 
practice.
    We also thank all of the members of the Committee in the 
112th Congress. In particular, we would like to thank five 
Senators who played important roles in the oversight of the 
Intelligence Community who have completed their service with 
the Committee. Senator Snowe served on the Committee beginning 
in the 108th Congress in 2003 and completed her service on the 
Committee during the 112th Congress when she retired from the 
U.S. Senate. Senator Conrad served on the Committee during the 
112th Congress after which he also retired from the Senate. 
Senator Nelson served on the Committee starting with the 110th 
Congress in 2007 through the 112th Congress. Senator Blunt 
served on the Committee during the 112th Congress. Senator 
McCain served as an ex officio member of the Committee while he 
was Ranking Member of the Senate Armed Services Committee 
during the 110th, 111th, and 112th Congresses. Their unique 
insights and perspectives contributed greatly to the 
Committee's oversight work and their strong support for the 
Intelligence Community has helped protect our nation's 
security. For that, we are grateful.
    We also thank all the Committee's staff during the 112th 
Congress whose diligence and professionalism have enabled the 
Committee to fulfill its vital legislative and oversight 
responsibilities.

                                   Dianne Feinstein,
                                     Chairman.
                                   Saxby Chambliss,
                                     Vice Chairman.


                            C O N T E N T S

                              ----------                              
                                                                   Page
Preface..........................................................   III
  I. Introduction.....................................................1
 II. Legislation......................................................2
      A. Intelligence Authorization Act for Fiscal Year 2011.....     2
      B. Intelligence Authorization Act for Fiscal Year 2012.....     3
      C. Intelligence Authorization Act for Fiscal Year 2013.....     4
      D. Reauthorization of Title VII of FISA....................     5
      E. GSenate Resolution (S. Res. 86) Recognizing the Defense 
        Intelligence Agency on its 50th Anniversary..............     6
      F. Other Legislation.......................................     6
III. Oversight Activities.............................................7
      A. Hearings................................................     7
          1. Worldwide Threat....................................     7
          2. Afghanistan/Pakistan................................     8
          3. Iran................................................     9
          4. Iraq................................................     9
          5. GUnauthorized Disclosure of Classified Information 
          to the Media (``Leaks'')...............................    10
          6. CIA Operation that Killed Usama bin Ladin...........    10
          7. Oversight of Intelligence Community Counterterrorism 
          Efforts................................................    10
          8. Cybersecurity.......................................    11
          9. Covert action.......................................    11
         10. Counterproliferation................................    12
         11. Implementation of FISA Authorities..................    12
      B. Inquiries and Reviews...................................    13
          1. Study of the CIA's Detention and Interrogation 
          Program................................................    13
          2. GCommittee Review of Intelligence Issues Related to 
          the September 11, 2012, Terrorist Attacks in Benghazi, 
          Libya..................................................    14
      C. Intelligence Community Issues...........................    15
          1. Response to Unauthorized Disclosures of Classified 
          Information............................................    15
          2. Information Sharing.................................    15
          3. Strategic Plan......................................    16
          4. GRole of the Intelligence Community in the United 
          States Export Control Regime...........................    16
          5. Core Contractors....................................    17
          6. GComptroller General Access to Intelligence 
          Community Information..................................    17
          7. Cyber Analysis......................................    18
          8. Analysis on North Korea.............................    18
          9. Intelligence Advance Research Projects Activity.....    18
         10. Intelligence Community Information Technology 
          Enterprise.............................................    19
         11. Space Launch........................................    19
         12. GDefense Clandestine Service and Defense 
          Intelligence Agency Vision 2020........................    19
         13. Analysis............................................    20
         14. Committee Review of Arab Spring Analysis and 
          Production.............................................    20
         15. Foreign Language Capabilities.......................    20
         16. Education and Training..............................    21
         17. Counterintelligence.................................    21
         18. Accounting Standards and Auditability...............    21
         19. Improper Payments...................................    22
      D. Audits..................................................    22
         1. Insider Threat Detection Capabilities................    22
         2. Unifying Intelligence Strategies.....................    22
         3. GDepartment of Homeland Security's Office of 
          Intelligence and Analysis..............................    23
         4. Intelligence Community Data Centers..................    23
         5. GCompensation of Federally Funded Research and 
          Development Center Executives..........................    23
      E. Technical Advisory Group Reports........................    23
         1. Intelligence Advanced Research Projects Activity.....    23
         2. China................................................    24
 IV. Nominations.....................................................24
      A. GStephanie O'Sullivan, Principal Deputy Director of 
        National Intelligence....................................    24
      B. GLisa Monaco, Assistant Attorney General, National 
        Security Division........................................    25
      C. David H. Petraeus, Director of the Central Intelligence 
        Agency...................................................    26
      D. Matthew Olsen, Director of the National Counterterrorism 
        Center...................................................    26
      E. GIrvin Charles McCullough, III, Inspector General for 
        the Intelligence Community...............................    27
  V. Support to the Senate...........................................28
 VI. Appendix........................................................28
      A. Summary of Committee Actions............................    28
         1. Number of meetings...................................    28
         2. Bills and resolutions originated by the Committee....    28
         3. Bills referred to the Committee......................    29
         4. Committee publications...............................    29
VII. Additional Views................................................30
         1. Additional Views of Senators Ron Wyden and Mark Udall    30


113th Congress                                                   Report
                                 SENATE
 1st Session                                                      113-7

======================================================================



 
                          COMMITTEE ACTIVITIES

                                _______
                                

                 March 22, 2013.--Ordered to be printed

                                _______
                                

 Mrs. Feinstein, from the Select Committee on Intelligence, submitted 
                             the following

                              R E P O R T

                            I. INTRODUCTION

    The activities of the Committee during the 112th Congress 
ranged from passage of necessary legislation on intelligence 
matters to the continuation of many oversight activities and 
efforts begun during the 111th Congress.
    As summarized in part II of this report, the Committee's 
legislative accomplishments in the 112th Congress included the 
enactment of the Intelligence Authorization Act for Fiscal Year 
2011, the Intelligence Authorization Act for Fiscal Year 2012, 
and the Intelligence Authorization Act for Fiscal Year 2013. 
The Committee has now helped to enact four consecutive 
intelligence authorization bills after a lapse in the enactment 
of intelligence authorization bills for fiscal years 2006 
through 2009. The Committee also helped enact an extension of 
Title VII of the Foreign Intelligence Surveillance Act (FISA) 
to preserve the important intelligence collection authorities 
that are vital to the protection of our national security.
    A major focus of the Committee's oversight agenda is the 
review of existing intelligence programs and proposed 
legislation to ensure that U.S. person privacy rights and civil 
liberties are not compromised during the collection of 
intelligence information. However, most of the Committee's 
oversight activities and efforts are, of necessity, done in 
secret in order to protect sources and methods vital to our 
nation's security. During the course of the 112th Congress, the 
Committee held numerous hearings, briefings, and meetings on a 
broad range of activities and programs performed by the 
seventeen elements of the Intelligence Community. Examples of 
these oversight activities include: the examination of 
intelligence support to U.S. military operations in Afghanistan 
and Iraq; the continued study of the threats posed by Iran; a 
review of the successful raid against Usama bin Ladin in 
Abbottabad, Pakistan; consideration of legislative proposals 
designed to counter the unauthorized disclosure of classified 
information to the media; and sustained concern about the 
cybersecurity threat.
    During the 112th Congress, the Committee completed its 
study begun in 2009 of the Central Intelligence Agency's 
detention and interrogation program that was in operation from 
2001 to 2009, and adopted a report, with minority views, that 
is currently being reviewed by the Executive Branch. The 
Committee also began its review of the September 11, 2012, 
terrorist attacks against the temporary U.S. mission facility 
in Benghazi, Libya, which resulted in the deaths of Ambassador 
John Christopher Stephens, State Department employee Sean 
Smith, and former Navy SEALs Glen Doherty and Tyrone Woods.
    The Committee also arranged additional briefings relevant 
to intelligence oversight in locations both at home and abroad 
on a wide range of issues affecting the Intelligence Community, 
initiated a number of audits of Intelligence Community 
programs, received assistance from its Technical Advisory 
Group, and conducted five confirmation hearings.

                            II. LEGISLATION


         A. Intelligence Authorization Act for Fiscal Year 2011

    In the 112th Congress, the Committee placed a strong 
emphasis on the continued enactment of annual intelligence 
authorization acts. As described in the Committee's report on 
its activities during the 111th Congress (S. Rpt. 112-3), the 
Committee had begun its consideration of the President's fiscal 
year 2011 budget request for intelligence agencies' funding 
levels and legislative proposals during 2010.
    The Committee's budget monitors during the 111th Congress 
evaluated the budget requests for fiscal year 2011 submitted by 
the Executive Branch for the civilian and military agencies and 
departments of the Intelligence Community (IC). These reviews 
included the National Intelligence Program (NIP) and the 
Military Intelligence Program (MIP).
    The intelligence entities covered by the annual budget 
reviews include the Office of the Director of the 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 Coast Guard, as 
well as the intelligence-related components of the Federal 
Bureau of Intelligence (FBI), the Departments of State, 
Treasury, Energy, and Homeland Security (DHS) and the Drug 
Enforcement Administration (DEA).
    As part of its review, the Committee held closed budget 
hearings in 2010 on the President's budget request for fiscal 
year 2011 at which senior IC officials testified. During 
briefings, and on site at IC agencies, Committee staff 
designated as budget monitors for particular IC elements 
evaluated classified detailed 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 directions to IC elements that 
addressed a wide range of issues identified during the annual 
budget reviews and other Committee oversight activities.
    The Committee also reviewed the Administration's proposals 
for the public part of the fiscal year 2011 bill consisting of 
new or amended legislative authority requested by the IC. The 
fiscal year 2011 request was transmitted to the Committee by 
the Director of National Intelligence (DNI) on May 27, 2010, 
and was the subject of a closed hearing on June 22, 2010.
    In the first half of 2011, during the 112th Congress, the 
Committee completed work on an intelligence authorization bill 
for fiscal year 2011. The Committee reported S. 719 on April 4, 
2011 (S. Rpt. 112-12), and then worked with the House Permanent 
Select Committee on Intelligence and other congressional 
committees on H.R. 754, which was passed by the House of 
Representatives on May 13, 2011, by a vote of 392-15. The 
Senate passed H.R. 754 by a voice vote on May 26, 2011. It was 
signed into law on June 18, 2011 (Public Law 112-18).
    The Intelligence Authorization Act for Fiscal Year 2011 
authorized funding for fiscal year 2011 for intelligence and 
intelligence-related activities across the U.S. Government and 
included a classified schedule of authorizations and classified 
annex. The Act contained a number of legislative provisions, 
including:
           A section that requires the IC to implement 
        fully by the end of 2013 automated information 
        technology threat detection programs;
           A provision improving the ability of 
        government agencies to detail personnel to needed areas 
        of the IC; and
           A commendation of IC personnel for their 
        role in bringing Usama Bin Laden to justice and 
        reaffirming the commitment of the Congress to the use 
        of the capabilities of the IC to disrupt, dismantle, 
        and defeat al-Qa'ida and affiliated organizations.

         B. Intelligence Authorization Act for Fiscal Year 2012

    In early 2011, while finishing work on the fiscal year 2011 
legislation, the Committee also began its consideration of the 
President's requests for funding levels and legislative 
authority for fiscal year 2012. The Committee's budget monitors 
evaluated the budget requests submitted by the Executive 
Branch, and the Committee counsels and professional staff 
members reviewed the legislative requests with intelligence 
agency officials. Committee staff held briefings at the 
Committee and on site at agencies, and the Committee conducted 
closed budget hearings. The Committee received the 
Administration's proposed fiscal year 2012 bill on June 8, 
2011, and additional provisions on June 21, 2011. The Committee 
subsequently posted on its website the full legislative request 
and an unclassified version of a statement for the record 
concerning the fiscal year 2012 legislative requests from 
Robert Litt, the ODNI General Counsel.
    The Committee reported S. 1458 on August 1, 2011 (S. Rpt. 
112-43), and then worked with the House Permanent Select 
Committee on Intelligence and other congressional committees on 
H.R. 1892, the Intelligence Authorization Act for Fiscal Year 
2012. This bill was passed by the House of Representatives on 
September 9, 2011, by a vote of 384-14. The Senate passed an 
amendment in the nature of a substitute to the House-passed 
bill by unanimous consent on December 14, 2011. The provisions 
of the bill were explained in a statement by Chairman Feinstein 
prior to its passage (157 Cong. Rec. S8617). The House 
subsequently suspended the rules and passed the Senate 
amendment on December 16, 2011, by a vote of 396-23. The 
President signed the bill into law on January 2, 2012 (Public 
Law 112-87), which became the third intelligence authorization 
bill signed into law within 15 months.
    The Intelligence Authorization Act for Fiscal Year 2012 
authorized funding for fiscal year 2012 for intelligence and 
intelligence-related activities across the U.S. Government at 
essentially the same level as fiscal year 2011 levels, 
representing a reduction from the President's request. The Act 
contained a number of legislative provisions, including:
           New procurement authorities that enable 
        intelligence agencies to protect against supply chain 
        risk to information technologies;
           A provision that provides burial allowances 
        for intelligence employees killed in the line of duty, 
        similar to those for members of the U.S. military;
           A measure authorizing new accounts at the 
        Department of Treasury to enable defense intelligence 
        agencies to become financially auditable;
           Provisions to strengthen congressional 
        oversight of the transfer of detainees from Guantanamo 
        Bay;
           A requirement that the DNI establish and 
        maintain on the publicly accessible ODNI website 
        information for contacting the Inspector General of the 
        Intelligence Community (IC IG);
           A section to improve the accuracy of IC cost 
        estimates; and
           Provisions that provide the DNI with needed 
        personnel management authorities.

         C. Intelligence Authorization Act for Fiscal Year 2013

    During 2012, the Committee considered the President's 
requests for funding levels and legislative provisions for 
intelligence and intelligence-related activities in fiscal year 
2013. Again, the Committee's budget monitors evaluated the 
budget requests submitted by the Executive Branch, and 
Committee counsels and professional staff members reviewed the 
legislative requests with intelligence agency officials. 
Committee staff held briefings at the Committee and on site at 
agencies, and the Committee conducted closed budget hearings as 
well as a closed hearing on the issues associated with the 
unauthorized disclosure of classified information. The 
Committee received the Administration's proposed fiscal year 
2013 bill on April 10, 2012. The Committee subsequently posted 
on its website the full legislative request.
    The Committee reported S. 3454, the Intelligence 
Authorization Act for Fiscal Year 2013, on July 30, 2012 (S. 
Rpt. 112-192). The bill and report were publicly available on 
the Committee's website and the classified schedule of 
authorizations and classified annex were available for all 
Senators to review in the Committee's offices. Subsequently, 
the Committee worked with the House Permanent Select Committee 
on Intelligence and other congressional committees on a final 
version of the legislation, in this case an amendment in the 
nature of a substitute to S. 3454. In addition, the Committee 
considered the views presented to it by members of the public. 
On December 28, 2012, the Senate passed by unanimous consent an 
amendment in the nature of a substitute offered by the Chairman 
and Vice Chairman. The provisions of the bill were explained in 
a statement by Chairman Feinstein prior to the bill's passage 
(158 Cong. Rec. S. 8513-8516). The House of Representatives 
suspended the rules and passed S. 3454 as amended on December 
31, 2012, by a vote of 373-29. The President signed the bill 
into law on January 14, 2013 (Public Law 112-277).
    The Intelligence Authorization Act for Fiscal Year 2013 
authorized funding for fiscal year 2013 for intelligence and 
intelligence-related activities across the U.S. Government, and 
included a classified schedule of authorizations and classified 
annex. The Act contained a number of legislative provisions, 
including:
           A requirement for notification on a timely 
        basis to the congressional intelligence committees with 
        respect to certain authorized disclosures of national 
        intelligence or intelligence related to national 
        security, with a one-year sunset;
           A section that repeals four recurring 
        reporting requirements burdensome to IC agencies when 
        the information in such reports is duplicative or is 
        provided to Congress through other means;
           A provision modifying personnel authorities 
        to facilitate more ``joint duty'' assignments within 
        the IC that will create shared knowledge across 
        different elements of the IC; and
           A measure requiring corrective action plans 
        to address the issue of improper payments made by 
        intelligence agencies.

                D. Reauthorization of Title VII of FISA

    The Committee has been carefully monitoring the 
implementation and use of the intelligence collection 
authorities contained in the FISA Amendments Act since its 
enactment in the summer of 2008 (Public Law 110-261). On 
February 8, 2012, the Director of National Intelligence and the 
Attorney General wrote to the leadership of the Senate and the 
House of Representatives to urge that Congress reauthorize 
Title VII of the FISA, which was scheduled to sunset on 
December 31, 2012. They stated that the authorities under this 
title of FISA, which were added by the FISA Amendments Act of 
2008, allow the Intelligence Community to collect vital 
information about international terrorists and other important 
targets overseas while providing a comprehensive regime of 
oversight to protect the civil liberties and privacy of 
Americans. Subsequent to this request, the Committee held 
hearings to review issues related to the implementation of 
these authorities. In addition, the Committee, in conjunction 
with the Senate Judiciary Committee, participated in numerous 
Intelligence Community briefings on FISA implementation and 
compliance issues. The DNI and Attorney General also provided 
an unclassified background paper on the structure, operation, 
and oversight of Title VII. On March 26, 2012, the DNI provided 
the Administration's proposed legislation to extend the sunset 
to June 1, 2017, and reauthorize Title VII without amendment. 
Both the background paper and the proposed legislation were 
made publicly available on the Committee's website.
    On May 22, 2012, the Committee voted 13-2 to report a bill, 
S. 3276, the FAA Sunsets Extension Act of 2012, to extend the 
sunset for Title VII of FISA to June 1, 2017, as requested by 
the Administration. In doing so, the Committee, by a vote of 
13-2, rejected amendments to the bill concerning prohibitions 
on acquisition of, or searching contents of, communications of 
United States persons and requiring a report by the Inspector 
General of the Department of Justice and the Inspector General 
of the Intelligence Community (IC IG) on the implementation of 
the amendments made by the FISA Amendments Act of 2008. The 
bill and report (S. Rpt. 112-174) were filed on June 7, 2012.
    The Senate Judiciary Committee subsequently considered S. 
3276 on sequential referral and reported an amendment in the 
nature of a substitute on July 19, 2012. The Judiciary 
Committee filed its report (S. Rpt. 112-229) on September 20, 
2012. The amendment would have reduced the sunset for Title VII 
of FISA to June 1, 2015 (to align with three other provisions 
of FISA set to expire at that time), modified the scope of 
certain annual reviews submitted by the relevant agencies 
involved in the implementation of Title VII, and required the 
IC IG to conduct a review of the implementation of Section 702 
of FISA and, consistent with the protection of national 
security, publicly release a summary of the conclusions of that 
review.
    In the House of Representatives, the judiciary and 
intelligence committees both reported H.R. 5949, the FISA 
Amendments Act Reauthorization Act of 2012, to extend the 
sunset of Title VII to December 31, 2017 (H. Rpt. 112-645, 
Parts I and II). The House of Representatives considered the 
bill on September 12, 2012, and passed it without amendment by 
a vote of 301-118.
    On December 27 and 28, 2012, the Senate considered H.R. 
5949 and four amendments. None of the amendments were adopted. 
H.R. 5949 was then approved by a vote of 73-23 in the Senate 
and signed into law on December 30, 2012 (Public Law 112-238).

E. Senate Resolution (S. Res. 86) Recognizing the Defense Intelligence 
                     Agency on Its 50th Anniversary

    In March 2011, the Chairman and Vice-Chairman, along with 
other Members of the Senate, sponsored S. Res. 86 honoring the 
DIA on its 50th Anniversary. The Senate adopted S. Res. 86 on 
May 12, 2011. The resolution congratulated the men and women of 
the DIA on the occasion of the Agency's 50th Anniversary; 
honored the heroic sacrifice of the employees of the DIA who 
have given their lives, or have been wounded or injured, in the 
service of the United States during the past 50 years; and 
expressed gratitude to all the men and women of the DIA for 
their past and continued efforts to provide timely and accurate 
intelligence support to deliver overwhelming advantage to our 
warfighters, defense planners, and defense and national 
security policymakers in the defense and security of the United 
States.

                          F. Other Legislation

    The Chairman and Vice Chairman of the Committee introduced 
a bill to authorize certain funds specifically for an 
intelligence or intelligence-related activity and for other 
purposes. The bill, S. 3314, was held at the desk and passed 
the Senate without amendment on June 19, 2012. Chairman 
Feinstein explained the purpose of the bill and its provisions 
in a statement before its passage (158 Cong. Rec. S4307-4308). 
No further action on the bill occurred in the House of 
Representatives.
    The Committee also reviewed legislation produced by other 
Committees and considered by the Senate to ensure that the 
views and equities of the Intelligence Community were 
appropriately considered.

                       III. OVERSIGHT ACTIVITIES


                              A. Hearings


1. Worldwide Threat

    Since 1994, the Committee has held an annual Worldwide 
Threat Hearing to review the Intelligence Community's 
assessment of the current and projected national security 
threats to the United States. These hearings cover national 
security concerns in all geographic regions as well as 
transnational threats such as terrorism and the proliferation 
of missiles and weapons of mass destruction that transcend 
borders. The Committee holds these hearings to educate both the 
Congress and the American public about the threats facing the 
country, the Intelligence Community's analysis about those 
threats, and how intelligence agencies with the appropriate 
authorities are working to counter such threats.
    On February 16, 2011, the Committee held an open hearing on 
the current and projected threats to the United States. The 
lead witness testifying before the Committee was James R. 
Clapper, the newly confirmed Director of National Intelligence. 
He was joined by Leon Panetta, Director of the CIA; Robert S. 
Mueller III, Director of the FBI; Lieutenant General Ronald L. 
Burgess, Jr., Director of the DIA; Philip Goldberg, Assistant 
Secretary of State for Intelligence and Research; and Michael 
Leiter, Director of the National Counterterrorism Center. 
Director Clapper's unclassified prepared statement for the 
record is available in the Hearings section of the Committee's 
website and the record of the hearing has been printed as S. 
Hrg. 112-252. A video recording of the full hearing can also be 
found on the Committee's website.
    Director Clapper stated his belief that ``counterterrorism, 
counterproliferation, and counterintelligence are at the 
immediate forefront of our security concerns,'' but noted, ``It 
is virtually impossible to rank--in terms of long-term 
importance--the numerous, potential threats to U.S. national 
security.'' He asserted that ``[t]he United States no longer 
faces--as in the Cold War--one dominant threat. Rather, it is 
the multiplicity and interconnectedness of potential threats--
and the actors behind them--that constitute our biggest 
challenge. Indeed, even the three categories noted above are 
also inextricably linked, reflecting a quickly changing 
international environment of rising new powers, rapid diffusion 
of power to non-state actors and ever greater access by 
individuals and small groups to lethal technologies.''
    Director Clapper then explained the Intelligence 
Community's role concerning the quickly changing and complex 
international environment. ``We in the Intelligence Community 
believe it is our duty to work together as an integrated team 
to understand and master this complexity. By providing better 
strategic and tactical intelligence, we can partner more 
effectively with other Government officials at home and abroad 
to protect our vital national interests.''
    On January 31, 2012, in the second session of the 112th 
Congress, the Committee held its annual open hearing on the 
current and projected threats to the United States. DNI Clapper 
presented a consolidated statement on behalf of the IC and was 
joined by David Petraeus, Director of the CIA; Robert S. 
Mueller III, Director of the FBI; Lieutenant General Ronald L. 
Burgess, Jr., Director of the DIA; Philip Goldberg, Assistant 
Secretary of State for Intelligence and Research; Matthew 
Olsen, Director of the National Counterterrorism Center; and 
Caryn Wagner, Undersecretary for Intelligence and Analysis at 
the Department of Homeland Security. Director Clapper's 
unclassified statement for the record is available in the 
Hearings section of the Committee's website and the record of 
the hearing has been printed as S. Hrg. 112-481. A video 
recording of the full hearing can also be found on the 
Committee's website.
    Director Clapper reprised his testimony from 2011, 
specifically noting the difficulty in ranking, in terms of 
long-term importance--the numerous potential threats to U.S. 
national security, but adding a fourth category, cybersecurity, 
to the major categories of threats that face the United States.
    Cyber threats, he said, ``pose a critical national and 
economic security concern due to the continued advances in--and 
growing dependency on--the information technology (IT) that 
underpins nearly all aspects of modern society. Data 
collection, processing, storage, and transmission capabilities 
are increasing exponentially; meanwhile, mobile, wireless, and 
cloud computing bring the full power of the globally-connected 
Internet to myriad personal devices and critical 
infrastructure. Owing to market incentives, innovation in 
functionality is outpacing innovation in security, and neither 
the public nor private sector has been successful at fully 
implementing existing best practices.''
    Specifically highlighting China and Russia as being of 
particular concern, Director Clapper suggested ``entities 
within these countries are responsible for extensive illicit 
intrusions into U.S. computer networks and theft of U.S. 
intellectual property.''

2. Afghanistan/Pakistan

    While the Committee's efforts in the 111th Congress focused 
on the IC's role in supporting increased operations in 
Afghanistan (the ``surge''), the Committee in the 112th 
Congress held hearings on three significant developments in the 
region: first, the killing of Usama bin Laden (UBL) on May 1, 
2011; second, the significant deterioration in U.S.-Pakistan 
relations, beginning with the involvement of American Raymond 
Davis in a shooting in Lahore earlier that year, through the 
UBL raid, and reaching a nadir with the cross-border incident 
in November 2011, where Pakistani troops were inadvertently 
killed by U.S. forces; and, third, the Administration's 
termination of the surge effort in Afghanistan and its 
signaling of a military drawdown leading to 2014. The Committee 
spent considerable time and effort conducting oversight into 
the significant intelligence issues related to all these 
developments.
    Immediately following the raid in Abbottabad, Pakistan, 
that killed Usama bin Laden, the Committee heard testimony from 
numerous individuals on the conduct of the operation and the 
decade-long search that led to its successful execution.
    Bilateral relations with Pakistan hit their lowest ebb in 
recent times during this period, affecting every aspect of the 
broad U.S. government engagement with that country. The 
Committee held periodic hearings and received numerous briefs 
on the implications of this breakdown in relations, which 
included a seven-month suspension of the military ground lines 
of communication that support the allied war effort in 
Afghanistan. In addition to focusing on IC activities, the 
Committee was regularly briefed on assessments of the 
consequences of this breakdown on U.S. counterterrorism efforts 
in the terrorist safe haven in Pakistan's tribal regions. 
During the 112th Congress, the Committee took particular 
interest in intelligence assessments on the role the Haqqani 
network played in conducting operations against U.S., NATO, and 
Afghan military and civilian targets in Afghanistan.
    Throughout the 112th 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. As the 
Administration develops its policy on Afghanistan, the 
Committee will continue to review the role of the IC in 
implementing these policies, and how these decisions affect 
current IC operations in the region.

3. Iran

    The Committee held a number of hearings on Iran to evaluate 
the Intelligence Community's collection and analysis 
capabilities. Hearings provided Senators with: intelligence 
assessments about Iran's nuclear and weapons advances; its 
willingness to sponsor terrorist attacks in the United States 
or against our interests abroad, particularly in the wake of 
the 2011 plot to assassinate the Saudi Ambassador to the United 
States; the impact of U.S. and international sanctions on 
Iran's economy and decision making; the domestic political 
problems confronting Iran's leadership; and Iran's efforts to 
spread its influence externally and exploit the Arab Spring by 
supporting proxies and surrogates abroad.
    In addition to hearings, the Committee received regular 
briefings and reports from the National Intelligence Council, 
Central Intelligence Agency, and elements of the Department of 
Defense, Department of State, and nongovernmental 
organizations. These activities supported oversight of the 
intelligence agencies and helped to inform the legislative 
debate over the appropriate U.S. policy towards Iran.

4. Iraq

    The Committee held a hearing and received briefings on the 
security situation in Iraq and its effect on neighboring 
countries. Further, in the aftermath of the December 2011 
withdrawal of U.S. forces, the Committee reviewed the IC 
resources dedicated to Iraq and subsequently worked to reduce 
unnecessary funding and personnel devoted to intelligence 
issues involving that nation.

5. Unauthorized Disclosure of Classified Information to the Media 
        (``Leaks'')

    During the 112th Congress, the Committee held a hearing and 
numerous staff briefings to review issues related to the 
Committee's continuing concern over unauthorized disclosures of 
classified information, particularly disclosures to the media. 
The Committee held a hearing with Ms. Lisa Monaco, Assistant 
Attorney General for National Security, and Mr. Robert Litt, 
General Counsel for the ODNI, to examine IC and law enforcement 
efforts to prevent and investigate unauthorized disclosures, as 
well as to prosecute, or otherwise hold accountable, those 
determined to be responsible for such disclosures.
    In furtherance of the Committee's efforts to address 
unauthorized disclosures of classified information, the 
Committee included a provision in the Intelligence 
Authorization Act for Fiscal Year 2013, that requires, subject 
to certain specified exceptions, that government officials 
responsible for making certain authorized disclosures of 
national intelligence or intelligence related to national 
security notify the congressional intelligence committees on a 
timely basis with respect to such disclosures. This provision, 
Section 504, is intended to ensure that the intelligence 
committees are made aware of authorized disclosures of national 
intelligence or intelligence related to national security that 
are made to media personnel or likely to appear in the press, 
so that, among other things, these authorized disclosures may 
be distinguished from unauthorized ``leaks.'' Unless renewed, 
the provision will expire one year after enactment.

6. CIA Operation that Killed Usama bin Ladin

    On May 1, 2011, U.S. forces operating under the authority 
of the Director of the CIA killed al-Qa'ida leader Usama bin 
Ladin during a raid on his compound in Abbottabad, Pakistan--
the culmination of years of work by multiple intelligence 
agencies to locate him. Usama bin Ladin authorized the 
September 11, 2001, terrorist attacks that murdered 2,973 
people in New York City, Arlington, Virginia, and Shanksville, 
Pennsylvania. He was also responsible for other terrorist 
attacks against the United States and its allies, including the 
East Africa embassy bombings, the attack on the USS Cole, and 
the Bali, Madrid, and London bombings. The Chairman and Vice 
Chairman had been briefed on the intelligence regarding bin 
Laden's location prior to the strike, and the Committee was 
briefed on the raid immediately after it took place. The 
Committee held subsequent hearings and staff briefings on the 
operation, including a joint hearing with the Senate Armed 
Services Committee. These hearings focused on the details of 
the operation itself, as well as the intelligence collection 
and analysis that led to the identification of the Abbottabad 
compound. Later briefings examined the intelligence gathered in 
the aftermath of the raid, the effects on U.S. counterterrorism 
efforts that stemmed from the killing of bin Laden, and the 
lessons learned from this successful intelligence operation.

7. Oversight of Intelligence Community Counterterrorism Efforts

    The Committee during the 112th Congress continued its 
oversight of the IC's role in U.S. counterterrorism efforts. 
The Committee continued its practice of conducting regularly 
scheduled meetings on this subject with IC personnel, including 
from the National Counterterrorism Center and the FBI, and held 
numerous hearings and briefings with IC agency heads and staff 
as well.
    In particular, the Committee has devoted significant time 
and attention to targeted killings. As part of this continuing 
effort, the Committee staff during the 112th Congress held 23 
in-depth oversight meetings with government officials to review 
operations, examine their effectiveness, verify the care taken 
to avoid non-combatant deaths, and understand the related 
intelligence collection and analysis. In addition, the 
Committee has worked with the involved organizations and the 
Department of Justice to understand the legal basis supporting 
targeted killing.
    Additionally, the Committee has conducted oversight of the 
implementation of new policies and practices in the area of 
interrogation, such as the establishment and operations of the 
High-Value Detainee Interrogation Group. It has also increased 
its focus on relations between the IC and foreign liaison 
partners.

8. Cybersecurity

    The Committee held four hearings on cybersecurity-related 
matters in the 112th Congress. Additionally, Committee staff 
met frequently with Intelligence Community and other government 
officials, and with private sector entities involved in 
cybersecurity efforts. These hearings, briefings, and meetings 
kept the Committee informed of the government's cybersecurity 
programs and the private sector's cyber capabilities, 
vulnerabilities, and concerns. With the government's increasing 
focus on countering cyber threats, investments in cyber 
security programs are increasing. To evaluate these 
investments, the Committee has pressed the IC for more 
meaningful measures of effectiveness of its cyber security 
programs.
    One noteworthy government-led effort is the Defense 
Industrial Base (DIB) Pilot. On June 10, 2010, the Deputy 
Secretary of Defense issued a memo directing the Director of 
the NSA to work with the private sector to increase the level 
of DIB cybersecurity protection. The DIB Pilot established 
legal, operational, and technical mechanisms to enable the use 
of United States Government cyber threat information to protect 
participating DIB companies.

9. Covert action

    The Committee continued to conduct vigorous oversight of 
covert action programs throughout the 112th Congress. The 
Committee's rules require the Committee's Staff Director to 
``ensure that covert action programs of the United States 
government receive appropriate consideration once a quarter.'' 
In accordance with this rule, the Committee receives a written 
report every quarter on each covert action that is being 
carried out under a presidential finding. Committee staff 
reviews these reports and meet with Intelligence Community 
personnel to discuss their substance and pose additional 
questions. The Committee also holds periodic hearings and 
briefings on covert action programs, and receives reviews of 
covert actions from the CIA Inspector General, which are often 
the basis for additional staff inquiries.
    Further, under the National Security Act, the DNI and the 
heads of all departments, agencies, and entities of the United 
States government involved in a covert action are required to 
keep the congressional intelligence committees fully and 
currently informed of all covert actions that are the 
responsibility of, are engaged in by, or are carried out for or 
on behalf of any department or agency of the United States. 
Upon receiving such notifications, the Committee reviews the 
details of each notification and receives briefings to 
understand the issues related to them more fully.
    The Committee seeks to ensure that covert action programs 
are consistent with United States foreign policy goals, and 
conducted in accordance with all applicable U.S. laws. The 
Committee pursues its oversight responsibilities for covert 
action with the understanding that these programs can be a 
significant factor in accomplishing foreign policy objectives.

10. Counterproliferation

    The proliferation of weapons of mass destruction remains a 
significant threat to U.S. national security interests and a 
major focus of the IC. At the Worldwide Threat Hearing in 2012, 
DNI Clapper described efforts to develop, acquire, or spread 
weapons of mass destruction as ``a major global strategic 
threat.'' Therefore, during the 112th Congress, the Committee 
continued to conduct oversight of the IC's counterproliferation 
collection posture and analytic capabilities. The Committee met 
regularly with the National Counterproliferation Center and 
various components in the intelligence agencies with 
counterproliferation responsibilities to receive updates on 
issues of importance. Additionally, the Committee held a number 
of hearings and briefings on the proliferation activities of 
countries of interest.

11. Implementation of FISA Authorities

    During the 112th Congress, the Committee held hearings and 
conducted numerous staff briefings to review issues related to 
the implementation of surveillance authorities contained in 
FISA. These issues included implementation of Title VII 
authorities, which were subject to sunset on December 31, 2012, 
as well as issues associated with the implementation of other 
provisions of FISA, such as Title IV (Pen Registers and Trap 
and Trace Devices for Foreign Intelligence Purposes) and Title 
V (Access to Certain Business Records for Foreign Intelligence 
Purposes).
    In furtherance of its oversight, the Committee also 
reviewed reporting required under provisions in FISA, including 
the annual and semi-annual reports from the Attorney General, 
the DNI, and relevant agency heads and inspectors general. By 
operation of Section 601(c) of FISA (50 U.S.C. 1871(c)), the 
Committee obtained copies of classified decisions, orders, and 
opinions of the FISA Court that include ``significant 
construction or interpretation of any provision,'' as well as 
the related pleadings, applications, and memoranda of law. The 
Committee routinely examined these documents and they were the 
subject of subsequent briefings and hearings involving 
officials from the Department of Justice and the Intelligence 
Community.

                        B. Inquiries and Reviews


1. Study of the CIA's Detention and Interrogation Program

    The Committee's Study of the CIA's Detention and 
Interrogation Program was an outgrowth of previous oversight 
activity by the Committee. In December 2007, after press 
accounts stated that the CIA had possessed and destroyed 
videotapes of the interrogations of CIA detainees, the 
Committee initiated a review of CIA operational documents 
related to the CIA's detention and interrogation program.
    On March 5, 2009, by a vote of 14 to 1, the Committee 
approved terms of reference for a broader study of the CIA's 
detention and interrogation program. The Study proceeded in a 
bi-partisan manner until August 24, 2009, when Attorney General 
Holder announced that the Department of Justice had re-opened a 
preliminary review into whether federal criminal laws were 
violated in connection with the interrogation of specific 
detainees at overseas locations. Believing that this decision 
would likely preclude interviews with the most relevant 
Intelligence Community personnel, then-Vice Chairman 
Christopher ``Kit'' Bond withdrew his staff from further active 
participation in the Study.
    In spite of these obstacles, the Committee devoted 
considerable resources to completing the Study. The document 
production phase lasted more than three years, produced more 
than 6 million pages of material, and was completed in July 
2012. The Study is based primarily on a review of these 
documents, which include cable traffic, reports, memoranda, 
intelligence products, records of interviews conducted of CIA 
personnel by the CIA's Office of the Inspector General and 
other CIA entities, as well as internal email and other 
communications. The Committee did not interview Intelligence 
Community personnel during the course of conducting the Study, 
due to the ongoing Department of Justice criminal 
investigation.
    In addition to CIA materials, the Committee reviewed a 
smaller quantity of documents from other Executive Branch 
elements, as well as documents and information that had been 
provided separately to the Committee outside of the Committee's 
Study.
    On December 13, 2012, the Committee approved its report on 
the CIA's Detention and Interrogation Program, by a vote of 9 
to 6. The Committee Study is a highly detailed report that 
exceeds 6,000 pages and includes approximately 35,000 
footnotes. It is divided into three volumes:
    I. History and Operation of the CIA's Detention and 
Interrogation Program. This volume is divided chronologically 
into sections addressing the establishment, development, and 
evolution of the CIA detention and interrogation program.
    II. Intelligence Acquired and CIA Representations on the 
Effectiveness of the CIA's Enhanced Interrogation Techniques. 
This volume addresses the intelligence attributed to CIA 
detainees and the use of the CIA's enhanced interrogation 
techniques, specifically focusing on CIA representations on how 
the CIA detention and interrogation program was operated and 
managed, as well as the effectiveness of the interrogation 
program. It includes sections on CIA representations to the 
Congress, the Department of Justice, and the media.
    III. Detention and Interrogation of Detainees. This volume 
addresses the detention and interrogation of all known CIA 
detainees, from the program's inception to its official end, on 
January 22, 2009, to include information on their capture, 
detention, interrogation, and conditions of confinement. It 
also includes extensive information on the CIA's management, 
oversight, and day-to-day operation of the CIA's detention and 
interrogation program.
    The Committee has provided copies of the Study to the 
Central Intelligence Agency, the White House, the Department of 
State, the Department of Justice, and the Office of the 
Director of National Intelligence, with a request that the 
White House coordinate comments from all relevant Executive 
Branch agencies. Although the Committee had asked that these 
comments be provided by February 15, 2013, the Administration 
has requested an extension of time to provide feedback on the 
report. Vice Chairman Chambliss and Senators Burr, Risch, 
Coats, Blunt, and Rubio filed their minority views on February 
15, 2013, in which they presented the basis for their 
disagreement with the report's conclusions, particularly 
regarding the effectiveness of the program and the CIA's 
representations to policymakers, and explained their reasons 
for opposing the final report. Once the Committee receives the 
Administration's feedback, it will consider the comments, 
discuss recommendations for reform, as well as discuss the 
public release of the Study, including the minority views.

2. Committee Review of Intelligence Issues Related to the September 11, 
        2012, Terrorist Attacks in Benghazi, Libya

    Shortly after the September 11, 2012, attacks on U.S. 
diplomatic facilities in Benghazi, Libya, the Committee began a 
review of Intelligence Community documents to understand fully 
the events surrounding this terrorist attack. The Committee's 
review has focused on: (1) the intelligence collection, 
analysis, and threat reporting relating to Libya and other 
Middle East countries prior to the September 11 attacks; (2) 
how, when, and to whom that information was disseminated; and 
(3) what actions were taken in response. The Committee has 
gathered facts on what is now known about the events of 
September 11, who was responsible for the attacks, and what 
efforts are being made to bring them to justice. In addition, 
the Committee has focused on the IC's collection capabilities 
in the Middle East and North Africa, to include the levels of 
funding and availability of intelligence personnel with 
language and other skills necessary to operate in that part of 
the world. Finally, the Committee has sought to examine the 
level and adequacy of security at U.S. government facilities in 
the Middle East and North Africa, and whether current security 
arrangements at these high-threat facilities are appropriate in 
light of what the Committee has learned about the Benghazi 
attacks.
    The Committee held four closed hearings to look into the 
circumstances--including the intelligence and security 
situation--surrounding the attacks, and the intelligence and 
security situation in other countries in North Africa and the 
Middle East. By the end of the 112th Congress, the Committee 
had also received staff-level briefings and conducted formal 
interviews, some of which have been on the record, and 
continued to examine relevant information and documents, 
including thousands of pages of intelligence provided by the IC 
and the Departments of State and Defense. The Committee intends 
to complete this review and issue its findings early in the 
113th Congress.

                    C. Intelligence Community Issues


1. Response to Unauthorized Disclosures of Classified Information

    The Committee continued its oversight, begun in the 111th 
Congress, of the ODNI's response to unauthorized disclosures of 
classified information. In 2012, the Committee became 
increasingly concerned about the accelerating pace of such 
disclosures, the sensitivity of the matters in question, and 
the harm caused to our national security interests. Committee 
members expressed concerns that each disclosure puts American 
lives at risk, threatens ongoing human and technical 
intelligence operations, makes it more difficult to recruit 
assets, strains the trust of liaison partners, and threatens 
imminent and irreparable damage to our national security in the 
face of urgent and rapidly adapting threats worldwide.
    In furtherance of this effort, the Committee met with DNI 
Clapper in a closed session on June 2012 to underscore the need 
for the Executive Branch to take tangible and demonstrable 
steps to detect and deter intelligence leaks, and to fully, 
fairly, and impartially investigate the disclosures that have 
already taken place. The IC later implemented changes to 
address leaks, including in the expanded use of the polygraph 
and directing the IC IG to lead independent administrative 
investigations of select unauthorized disclosure cases.
    As part of its review of unauthorized disclosures, in June 
2012 the Committee met with the National Counterintelligence 
Executive (NCIX) Frank Montoya, Jr., regarding the role of the 
Office of the NCIX (ONCIX) in preventing, detecting, and 
investigating unauthorized disclosures of classified 
information. The Committee also held briefings with key ODNI 
officials responsible for implementing these policies, 
including the head of ONCIX's Special Security Directorate and 
the IC IG Chief of Investigations. The Committee's review also 
focused on Intelligence Community Directive (ICD) 700, which 
among other things, designated the NCIX to facilitate and 
monitor the implementation and effectiveness of IC 
counterintelligence and security policies, procedures, and 
programs, and to develop recommendations for new or modified 
policies. The Committee also received an update on 
implementation of reforms from NCIX Montoya in October 2012.

2. Information Sharing

    The Committee continued its oversight of the efforts of the 
ODNI to improve the discoverability and sharing of information 
across the IC. Specifically, the Committee focused on the 
implementation of ICD 501--``Discovery and Dissemination or 
Retrieval of Information within the Intelligence Community,'' 
approved January 21, 2009, which is meant to ensure that 
information necessary for intelligence officials to perform 
their mission is made available in a systemic and routine 
fashion, with the goal of providing more accurate, timely, and 
insightful analysis to inform decision-making. As part of this 
review, the Committee found that while the ODNI and other 
agencies have made progress when it comes to secure information 
sharing across the government and with external partners, 
critical challenges remain. For example, the Committee noted 
evidence of backlogs in reviewing vital intelligence and 
disseminating such information across the IC.
    In response, the Committee held a series of meetings with 
ODNI officials responsible for effective information sharing 
and collaboration in the IC, including the Deputy Director for 
Intelligence Integration (DDII), the IC Chief Information 
Officer, the IC Information Sharing Executive, and the Program 
Manager of the Information Sharing Environment (PM-ISE), to 
address these issues. Also of note, the PM-ISE's 2012 Annual 
Report, issued in June 2012, stated that the biggest challenges 
facing IC information sharing efforts include ``the 
continuously evolving threat environment, the tsunami of new 
data, and a constrained fiscal environment.'' The Committee 
recognizes these challenges and will continue to press the ODNI 
to improve discoverability and sharing of information in 
fulfillment of ICD 501.

3. Strategic Plan

    In February 2012, the DNI submitted to the Committee the 
ODNI Strategic Plan, which is intended to set the ODNI's 
direction for the next four years and offer a clear path 
forward to advance intelligence integration. In a series of 
briefings to the Committee, ODNI officials emphasized the 
following goals and objectives of the Strategic Plan: 
responsible and secure information sharing; implementation of 
the Unifying Intelligence Strategies; strengthening of 
partnerships; advancement of cutting-edge capabilities; and the 
promotion of a diverse, highly skilled workforce.
    The Committee reviewed the ODNI Strategic Plan and 
supplemental material such as the Strategic Human Capital Plan. 
As part of this process, the Committee requested information 
regarding the delegation of responsibilities within the ODNI 
for implementation of the Strategic Plan, including appropriate 
studies and evaluations, performance measures and targets, 
milestones, deliverables, and engagement with other IC 
elements. The Committee emphasized to the ODNI that specific 
and quantifiable performance measures and the identification of 
the entities responsible for communicating the plan across the 
IC would be essential to successful implementation of the 
Strategic Plan. Additionally, the Committee reviewed the ODNI's 
plan to expand the number of joint duty assignments available 
to its workforce with the goal of bringing in personnel with 
diverse backgrounds and experiences as a means of furthering 
intelligence integration. The Committee requested that the ODNI 
continue to provide information on its efforts to enhance 
workplace communication, ensure fair and open competition, and 
encourage employee engagement.

4. Role of the Intelligence Community in the United States Export 
        Control Regime

    The Committee in its report to accompany the Intelligence 
Authorization Act for Fiscal Year 2012 requested that the DNI 
provide to the congressional intelligence committees a full 
description of the IC's participation in, and contributions 
made to, the export control decision-making processes of the 
United States government. The Committee requested that the 
report address the following information: which IC agencies 
contribute to the export control review process; the level at 
which agency contributions are made, including hours of 
personnel effort involved; the process for identifying and 
closing intelligence gaps related to understanding foreign 
technological capabilities and potential threats; the 
opportunities that may exist for new collection and analysis 
activity; the authorities under which IC agencies provide input 
into the export control process; the training available on 
export control processes for IC personnel; and any 
recommendations for improvements that should be made in the 
decision-making processes involving the IC. The Committee 
received this report at the end of this period and will use its 
information to guide oversight of IC participation in this 
process.

5. Core Contractors

    The Committee has been concerned about the dramatic 
increase in the use of contractors by the IC since 9/11. While 
contractors can serve an important role in providing expertise 
and filling an emerging need quickly, the Committee notes that 
contractor personnel costs tend to be substantially more than 
government personnel rates. The Committee commends the IC for 
its efforts over the past few years to reduce core contractors 
and to convert core contractors where appropriate to government 
employees. However, data reviewed by the Committee indicate 
that some elements of the IC have been hiring additional 
contractors after they have converted or otherwise removed 
other contractors, resulting in an overall workforce that 
continues to grow. Thus, the Committee recommended in the 
Intelligence Authorization Act for Fiscal Year 2012 that all 
elements of the IC should be able to track the number of its 
core contractors on a regular basis. During this period, IC 
agencies only had the capability to compile data on contractors 
once a year to respond to the ODNI core contractor review. The 
Committee continued to work with the IC elements in order that 
each would be able to determine its use of core contractors on 
a weekly or monthly basis.

6. Comptroller General Access to Intelligence Community Information

    The Intelligence Authorization Act for Fiscal Year 2010 
required the DNI, in consultation with the Comptroller General, 
to issue a written directive governing access of the Government 
Accountability Office (GAO) to certain information in 
possession of the Intelligence Community. In response, the DNI 
in April 2011 issued ICD 114, which states that it is IC policy 
to cooperate with GAO audits and reviews to the fullest extent 
possible and make information available to appropriately 
cleared GAO personnel. As a result, the Committee conducted 
oversight on ICD 114, meeting multiple times with ODNI and GAO 
officials to encourage open lines of communication and 
collaboration between the two entities to ensure accountability 
and appropriate levels of transparency for Intelligence 
Community activities.
    ICD 114 also states that certain information that falls 
within the purview of the congressional intelligence oversight 
committees, including information regarding ``intelligence 
collection operations, intelligence analyses and analytical 
techniques, counterintelligence operations, and intelligence 
funding,'' generally shall not be made available to the GAO to 
support a GAO audit or review of core national intelligence 
capabilities or activities. Thus, the Committee spent time 
examining the issues involving implementation of this 
provision.

7. Cyber Analysis

    During the Committee's January 31, 2012, Worldwide Threat 
Hearing, DNI Clapper noted that the Intelligence Community now 
viewed cyber threats in the same category as terrorism and 
proliferation of weapons of mass destruction, saying: ``The 
cyber threat is one of the most challenging ones we face.''
    Given the importance of cyber threat analysis to meeting 
this challenge, the Committee undertook an initiative to study 
the IC's cyber analytic programs and workforce. Over the course 
of 2012, the Committee gathered information from every 
Intelligence Community agency with a cyber-security mission on 
the agency's analytic missions, production priorities, 
information discovery and sharing tools, and workforce for the 
community's cyber analysis programs. The Committee is currently 
reviewing this information and expects the results to inform 
its oversight of the scope, focus, supporting technologies, and 
resources devoted to the IC's cyber analytic mission.

8. Analysis on North Korea

    As part of its effort to focus more intently on specific IC 
analytic programs and resources, the Committee in 2012 
undertook an initiative to study the Intelligence Community's 
analytic programs and workforce related to North Korea. The 
Committee gathered information from numerous IC agencies with a 
mission to analyze North Korea and is currently reviewing each 
agency's analytic missions, production priorities, information 
discovery and sharing tools, and overall workforce in this 
area.

9. Intelligence Advance Research Projects Activity

    The Committee views the role of the Intelligence Advanced 
Research Projects Activity (IARPA) as important to the success 
of IC research and technology investment and maintenance of the 
U.S. Government's strategic advantage. In 2011, the Committee 
noted that narrow contracting authorities have hampered IARPA. 
IARPA's current ability to issue solicitations and make 
selections works well, but other contracting authorities seem 
to be inadequate. Once IARPA identifies an entity with a 
promising research proposal, it requires nine months or more to 
put a contract in place. Some sources of innovative research, 
such as small businesses, cannot afford to wait nearly a year 
for an opportunity to work with IARPA. Therefore, the Committee 
in the report to accompany the Intelligence Authorization Act 
for Fiscal Year 2012 requested that the DNI reevaluate the 
authorities delegated to the Director of IARPA and look for 
additional opportunities to delegate additional authorities to 
better support IARPA's mission. As a result of this inquiry, 
the DNI issued new interim policy documents and reformed the 
contracting authorities provided to IARPA.

10. Intelligence Community Information Technology Enterprise

    In an October 17, 2011, speech, Director Clapper announced 
his intent to find substantial cost savings in the IC's 
Information Technology (IT) budgets over the next ten years. 
The DNI stated that IT costs totaled 20 to 25 percent of the 
IC's fiscal year 2012 request and established a goal of finding 
one-half the needed savings under the Budget Control Act of 
2011 (Public Law 112-25), for the IC through IT efficiencies. 
Since the DNI's announcement, the Intelligence Community Chief 
Information Officer (IC CIO) has led an effort to create a 
community-wide information technology enterprise.
    In response to this initiative, the Committee held 
quarterly reviews of these IC IT plans, and identified to the 
IC shortfalls in technical and programmatic rigor that could 
undermine the achievement of its goals. The Committee plans to 
continue to review the IC's plans to achieve IT efficiencies.

11. Space Launch

    The Committee remains concerned over space launch costs, 
particularly of the Air Force's Evolved Expendable Launch 
Vehicle (EELV) program. Although actions taken by both the 
United Launch Alliance (ULA) and the U.S. Air Force seem to 
have curtailed this cost growth in the near term, the Committee 
continues to believe additional efficiencies and savings are 
necessary in the EELV program.
    The Committee believes it is in the nation's economic and 
national security interests to promote competition among U.S. 
space launch providers, and to do so as soon as potential 
competitors are viable. Therefore, the Committee included 
language in both its report to accompany S. 1458, the 
Intelligence Authorization Act for Fiscal Year 2012 (S. Rpt. 
112-43), and its report to accompany S. 3454, the Intelligence 
Authorization Act for Fiscal Year 2013 (S. Rpt. 112-192), 
recommending that the NRO pursue a space launch policy that 
encourages competition in this area. In September 2012, the 
U.S. Air Force and the NRO announced an updated policy that 
provided for new entrants to be certified and compete for 
future space launch contracts.

12. Defense Clandestine Service and Defense Intelligence Agency Vision 
        2020

    During the 112th Congress, the Undersecretary of Defense 
for Intelligence (USDI) and the Director of the DIA announced 
publicly their intentions to create a Defense Clandestine 
Service (DCS) and consolidate the management of Department of 
Defense human intelligence collection. Further, according to 
the Defense Intelligence Agency Vision 2020, the DIA also plans 
to reorganize its directorates to focus on and support its 
human intelligence collection mission.
    The Committee reviewed the DIA's plans for both the DCS and 
its reorganization, and found that they lacked details 
necessary for effective review and implementation. As a result, 
the Committee included a provision in the Intelligence 
Authorization Act for Fiscal Year 2013 requesting a more 
detailed plan from the DIA on how it plans to implement its DCS 
initiative and reorganization. This review is continuing into 
the new Congress.

13. Analysis

    The Committee continued to focus on the progress of the 
Intelligence Community's analytic transformation as well as the 
process of analysis and the quality of analytic products 
produced by the IC. The Committee conducted ongoing reviews of 
IC and individual agency efforts to: create and follow 
community-wide standards of analytic tradecraft; resource 
analytic organizations with sufficient personnel through 
recruitment, training, utilization, and retention; determine 
the level and depth of analytic collaboration and intelligence-
sharing within and among intelligence agencies; and assess the 
balance between the IC's focus on reporting current threats 
versus long-term analysis.
    The Committee also focused on the specific roles and 
missions of various IC analytic organizations, seeking to 
encourage reductions in, or elimination of, organizations with 
redundant or duplicative missions and responsibilities. The 
Committee examined the IC's analytic workforce to determine if 
the specific analytic personnel requests within each agency 
were justified, and looked across the entire IC to determine if 
agencies had redundant analytic portfolios. During this period, 
some agencies continued to realign analytic priorities, but 
also began to reduce levels of growth in comparison to prior 
years' levels.
    The Committee received substantive briefings from analytic 
organizations within the IC; hosted and attended analytic 
roundtables on a range of regional and functional analysis; 
conducted analysis oversight meetings with senior analysts and 
analytic managers; and met with the IC's Analytic Ombudsman to 
discuss the status and future of analytic reforms within the 
IC. These activities supported intelligence oversight in 
general, but specifically contributed to focusing the IC on the 
improvement of overall analytic quality.

14. Committee Review of Arab Spring Analysis and Production

    In 2011 and 2012, many countries in the Middle East and 
North Africa went through widespread civil unrest that led to 
the overthrow of their political leadership and significant 
changes in their political, military, and economic 
institutions. At the start of these events in early 2011, the 
Committee reviewed the IC's pertinent regional analysis and 
production to determine how well the IC was able to provide 
warning on the events leading up to and immediately following 
the so-called ``Arab Spring.'' The Committee looked at the 
manner, degree, and timing of the IC's warning products and its 
assessments, judgments, and predictions of key events and 
changes that were occurring across the region. As part of this 
review, the Committee also reviewed the IC's collection 
capabilities in the region, to include its ability to track 
social media and the availability of intelligence personnel 
with the language skills necessary to operate in that part of 
the world. The Committee also examined lessons learned by the 
IC as it reallocated resources and changed analytic priorities 
to meet the challenges created by the new political realities 
in the region.

15. Foreign Language Capabilities

    The Committee continued to focus on the foreign language 
requirements and capabilities of the Intelligence Community in 
order to discern the specific issues that contribute to the 
IC's overall deficit in foreign language capability. The 
Committee examined individual IC Agency language requirements 
and capabilities and focused across the IC on language training 
and education issues, foreign language professional retention 
and incentive programs, linguist utilization, and language use 
and maintenance pay. While incremental improvements are 
underway in several agencies, the Committee found that foreign 
language improvement across the IC has been intermittent and 
inconsistent. As a result, the Committee acknowledges the need 
to continue its oversight efforts in this area and press for 
better foreign language capabilities within the IC.

16. Education and Training

    During 2011 and 2012, the Committee assessed the wide range 
of educational, training, internship, and scholarship programs 
within and associated with the Intelligence Community. On at 
least an annual basis, the Committee met with Program Directors 
and managers from the IC Centers of Academic Excellence (CAE) 
in National Security Studies Program, NSA's Centers of Academic 
Excellence Program, the National Security Education Program 
(NSEP), Boren Scholars, and the National Intelligence 
University. In particular, the Committee reviewed the IC CAE in 
National Security Studies Program as the program moved from the 
ODNI to the DIA in 2012.
    The IC educational and training programs are designed to 
educate and train a broad spectrum of professionals capable of 
contributing to the national security of the United States or 
to offer specialized courses and degree programs in 
intelligence studies to current IC employees. In multiple 
meetings with academic professionals and program managers, the 
Committee explored the scope, scale, and resourcing of these 
programs. It also examined how successful these programs have 
been in increasing the number of knowledgeable and trained 
national security professionals from which the IC can recruit 
as well as provide continuing education opportunities for 
current IC employees.

17. Counterintelligence

    During the 112th Congress, the Intelligence Committee 
conducted reviews and held oversight briefings on the state of 
counterintelligence in the IC. The Committee examined specific 
counterintelligence failures and the steps taken to address 
them, as well as the resources and emphasis devoted to 
counterintelligence matters more generally. In addition, the 
Committee looked at specific counterintelligence disciplines to 
ascertain whether there was sufficient coordination, 
prioritization, and direction to ensure vital national security 
information was protected.

18. Accounting Standards and Auditability

    The Fiscal Year 2002 Intelligence Authorization Act 
required the CIA, DIA, NGA, NRO, and NSA to produce auditable 
financial statements by March 1, 2005. This deadline was 
extended several times as the IC struggled to make progress 
over the last decade. Section 369 of the Intelligence 
Authorization Act for Fiscal Year 2010, directed the DNI ``to 
develop a plan and schedule to achieve a full, unqualified 
audit of each element of the intelligence community not later 
than September 30, 2013.''
    During the 112th Congress, the Committee held periodic 
briefings with the IC, to include Chief Financial Officers, 
Inspectors General, and other officials to determine and assess 
progress made towards achieving financial auditability by 2013. 
The Committee will continue to hold regular meetings with 
financial managers to measure the IC's progress on this issue.

19. Improper Payments

    In 2012, the Inspectors General of CIA, DIA, NGA, NSA, NRO, 
and the ODNI all produced audit reports covering their 
agencies' compliance with the Improper Payments Elimination and 
Recovery Act (IPERA). These reports showed that all of the 
agencies failed to comply fully with IPERA. Accordingly, the 
Committee included a provision in the Intelligence 
Authorization Act for Fiscal Year 2013 that requires agencies 
to submit corrective action plans to bring them into compliance 
by the end of Fiscal Year 2013.

                               D. Audits

    During the 112th Congress, the Committee conducted audits 
of the IC's insider threat detection capabilities and the DHS 
Office of Intelligence and Analysis, as well as reviews of 
Unifying Intelligence Strategies and IC data centers. In 
addition to these projects, it conducted limited reviews of 
software licensing in the IC and compensation for executives of 
Federally Funded Research and Development Centers. Staff also 
commenced preliminary research on: (1) assessing the IC's 
management and use of senior executives; and (2) the use of 
Originator Control (ORCON) restrictions on classified 
information.

1. Insider Threat Detection Capabilities

    Beginning in May 2011, the Committee's Audits and Oversight 
staff conducted a review of IC insider threat detection 
capabilities at the CIA, DIA, FBI, NGA, and NSA. The review 
determined that in the wake of the WikiLeaks disclosures, IC 
elements were improving their abilities to detect and deter 
insider threats, but the review also noted wide disparities in 
agencies' capabilities requiring attention and remediation. The 
review concluded that the IC should improve the structure and 
management of insider threat programs within IC agencies, and 
that the DNI should issue IC-wide policies governing security 
and counterintelligence monitoring.

2. Unifying Intelligence Strategies

    In 2010, the DNI published a new mission statement for the 
ODNI, which was to ``lead intelligence integration'' by 
developing and implementing Unifying Intelligence Strategies 
(UISs) across the Intelligence Community. Beginning in May 
2011, the Committee commenced a review of the UISs to include 
evaluating the extent to which the UISs contribute to the 
decision making process for resource allocation, analytic 
focus, and collection strategies.
    As a result of these efforts, the Committee learned that 
the UISs had not been completed with sufficient detail and 
uniformity, and recommended that the DNI rewrite the strategy 
documents with increased standardization. Additionally, the 
Committee required the DNI to identify changes in the National 
Intelligence Program budget request for fiscal year 2013 that 
were driven by the UISs.

3. Department of Homeland Security's Office of Intelligence and 
        Analysis

    In November 2011, the Committee began a mission review of 
the DHS's senior intelligence component, the Office of 
Intelligence and Analysis. This review focused on the 
authorities, resources, and performance of the office with 
respect to its requirements in statute and policy. The review 
will continue during the 113th Congress.

4. Intelligence Community Data Centers

    The Committee conducted a review in October 2011 to assess 
the IC's plan for its data centers and determine whether any of 
the lessons learned from the rest of government regarding data 
center consolidation were being applied effectively. The key 
finding was that the IC not only lacked a strategy, but it also 
lacked a comprehensive inventory of the data centers. Shortly 
after this assessment commenced, the DNI announced his intent 
to cancel the years-long effort to establish one consolidated 
IC Data Center and instead pursue a migration to cloud 
computing. As a result, the Committee has since focused its 
oversight efforts on the establishment of cloud computing in 
the IC.

5. Compensation of Federally Funded Research and Development Center 
        Executives

    The Committee conducted a preliminary review of 
compensation for senior executives at Federally Funded Research 
and Development Centers. These centers are hybrid, quasi-
governmental organizations that are intended to provide 
services to federal agencies that cannot be met effectively by 
either government or private contractors. When the review 
revealed concerns with the costs of executive compensation 
packages in nearly all centers conducting work for the IC, the 
Committee worked with the Senate Homeland Security and 
Government Affairs Committee to examine these concerns 
government-wide. Through these joint efforts, the GAO is 
currently scheduled to assess the compensation for these 
executives.

                  E. Technical Advisory Group Reports

    The Committee's Technical Advisory Group (TAG) is a panel 
of nationally recognized, distinguished experts in various 
scientific disciplines who volunteer their time to assist the 
SSCI in reviewing the science and technology needs and programs 
of the Intelligence Community.

1. Intelligence Advanced Research Projects Activity

    During the 112th Congress, the TAG conducted a review of 
the Intelligence Advanced Research Projects Activity (IARPA). 
The Committee tasked the TAG to review IARPA's current areas of 
scientific study and to examine IARPA's business practices and 
contracting capabilities to determine whether any reforms were 
necessary. The study team conducted an independent assessment 
of the health and status of the IARPA's research programs in 
meeting its mission goals. They looked at funding and staffing 
levels, as well as the current governance model and business 
practices for the activity. The team identified roadblocks to 
the successful functioning of the IARPA, as well as 
recommendations to remove those obstacles. The team also looked 
to the future of the IARPA, considering what its mission and 
strategy should be in order to provide the best value to the 
IC. The TAG's recommendations informed the Committee marks in 
its Intelligence Authorization Act for Fiscal Year 2013.

2. China

    During the 112th Congress, the TAG also conducted a review 
of steps that China is taking to become a strategic power and 
to be able to counter or disrupt U.S. operations, as well as 
recommending how the Intelligence Community should direct its 
collection and R&D investments in response. At the Committee's 
request, the IC provided a series of intelligence briefings on 
China to the TAG. The resulting TAG study was briefed to the 
Committee in July 2012. The TAG also briefed its conclusions to 
the IC and the Department of Defense.

                            IV. NOMINATIONS

    During the 112th Congress, the Committee considered four 
nominations upon referral, three directly upon receipt of the 
nomination in the Senate and one sequentially after referral to 
and reporting by another committee. One nomination was 
sequentially referred to and reported by another committee 
after initial action by the Committee.
    The Committee held hearings for all five of the pending 
nominees and recommended to the Senate that it give its advice 
and consent to each of the pending nominations. The Senate in 
the 112th Congress confirmed all five of the individuals 
recommended by the Committee.
    Throughout the 112th Congress, Section 17 of S. Res. 400 of 
the 94th Congress, which had been added by S. Res. 445 of the 
108th Congress and was further augmented during the 109th 
Congress, governed referrals to the Committee. As a result of 
S. Res. 445, all nominations to advice and consent positions in 
the IC are referred to the Select Committee on Intelligence, 
even when they are positions--such as the Assistant Attorney 
General for National Security--that are within departments 
which are primarily under the jurisdiction of other Senate 
committees.
    The following were the nominations referred to the 
Committee during the 112th Congress, listed in order of the 
date of the nomination:

    A. Stephanie O'Sullivan, Principal Deputy Director of National 
                              Intelligence

    The Intelligence Reform and Terrorism Prevention Act 
established the position of Principal Deputy Director of 
National Intelligence (PDDNI) to assist the DNI in carrying out 
the duties and responsibilities of the Director under the 
National Security Act. The Act provides that the PDDNI shall 
exercise the powers of the DNI during the DNI's absence or 
disability, or in the event of a vacancy. It also provides that 
an individual nominated for appointment as PDDNI shall not only 
have extensive national security experience (a requirement 
applicable to the DNI as well) but also management expertise.
    On January 5, 2011, the President nominated Stephanie 
O'Sullivan to be the PDDNI. Prior to her confirmation, Ms. 
O'Sullivan had served as the Associate Deputy Director of the 
CIA. She had also held the position of Director for Science and 
Technology of the CIA from 2005 to 2009. Since 1995, when she 
started her career at the CIA, Ms. O'Sullivan had held numerous 
engineering and technology positions including Director of 
Advanced Technologies from 2002 until 2003, and Deputy Director 
for Systems Development Program from 1998 until 2001. Before 
her time at the CIA, she worked from 1989 until 1995 as a 
project manager with the Office of Naval Intelligence. Ms. 
O'Sullivan also worked in the private sector with ADRI Software 
and TRW (now part of Northrop Grumman) prior to her career at 
the CIA.
    After receiving Ms. O'Sullivan's responses to the 
Committee's standard questionnaire and 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 February 
3, 2011. Ms. O'Sullivan's testimony and her responses to the 
Committee's questionnaire, prehearing questions, and questions 
for the record are printed in S. Hrg. 112-18 and posted on the 
Committee's website. Following those hearings, the Committee 
via a unanimous voice vote reported the nomination favorably on 
February 15, 2011. The Senate approved the nomination by voice 
vote on February 17, 2011.

 B. Lisa Monaco, Assistant Attorney General, National Security Division

    The National Security Division at the Department of Justice 
and the position of Assistant Attorney General for National 
Security were created by Congress in the USA PATRIOT 
Improvement and Reauthorization Act of 2005, which became law 
on March 9, 2006, in an effort to coordinate national security 
investigations and prosecutions within the Department of 
Justice. The Assistant Attorney General (AAG) serves as the 
Attorney General's principal legal advisor on national security 
issues and is the primary liaison for the Department of Justice 
to the DNI.
    On March 17, 2011, the Senate received the President's 
nomination of Lisa Monaco to fill the position of AAG for 
National Security. At the time of her confirmation, Ms. Monaco 
was the Principal Associate Deputy Attorney General at the 
United States Department of Justice. During her previous 
thirteen years at the Department of Justice, she has also 
served as a senior adviser to the Director of the FBI, Robert 
S. Mueller III, Chief of Staff to Director Mueller, as well as 
Deputy Chief of Staff and Counselor to the Director. Ms. Monaco 
also served as a federal prosecutor from 2001 to 2007, as an 
Assistant United States Attorney on the Enron Task Force and in 
the District of Columbia. From 1998 to 2001, Ms. Monaco served 
as Counsel to Attorney General Janet Reno, and from 1997 to 
1998, she was Law Clerk to the Honorable Jane R. Roth, United 
States Court of Appeals for the Third Circuit.
    Under a procedure established in the USA PATRIOT Act 
Reauthorization, and incorporated in Senate Resolution 400 of 
the 94th Congress on the Committee's jurisdiction and 
procedures, nominations for the position of AAG for National 
Security are referred first to the Judiciary Committee and then 
sequentially to the Intelligence Committee. The nomination was 
reported favorably by the Judiciary Committee on May 9, 2011. 
It was then referred sequentially to the Committee.
    After receiving Ms. Monaco's responses to the Committee's 
standard questionnaire and 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 May 17, 2011. Ms. 
Monaco's testimony and her responses to the Committee's 
questionnaire, prehearing questions, and questions for the 
record are printed in S. Hrg. 112-306 and posted on the 
Committee's website. Following the hearing, the Committee on 
May 24, 2011, reported the nomination favorably by a vote of 
15-0. The Senate approved the nomination by voice vote on June 
28, 2011.

   C. David H. Petraeus, Director of the Central Intelligence Agency

    On May 26, 2011, the President nominated General David H. 
Petraeus to be the Director of the CIA. At that time, General 
Petraeus was the commander of the NATO International Security 
Assistance Force in Afghanistan (ISAF) as well as U.S. forces 
in Afghanistan. From September 2008 until July 2010, General 
Petraeus served as Commander of the U.S. Central Command.
    From February 2007 to September 2008, General Petraeus was 
in command of the Multi-National Force-Iraq. Before that 
assignment, he commanded the U.S. Army Combined Arms Center at 
Fort Leavenworth, where he oversaw the development of the Army/
Marine Corps Counterinsurgency Manual, from October 2005 to 
February 2007. General Petraeus also had served as Commander of 
the Multi-National Security Transition Command-Iraq and the 
NATO Training Mission-Iraq from May 2004 until September 2005. 
He had served a previous tour in Iraq while he was commanding 
general of the 101st Airborne Division from July 2002 to May 
2004.
    After receiving Mr. Petraeus's responses to the Committee's 
standard questionnaire and responses to the Committee's 
prehearing questions about his understanding of the duties and 
responsibilities of the office to which he had been nominated, 
the Committee held a nomination hearing on June 23, 2011. Mr. 
Petraeus's testimony and his responses to the Committee's 
questionnaire, prehearing questions, and questions for the 
record are printed in S. Hrg. 112-307 and posted on the 
Committee's website. Following the hearing, the Committee 
reported the nomination favorably on September 28, 2010, by a 
vote of 15-0. The Senate approved the nomination by a vote of 
94-0 on June 30, 2011.
    Mr. Petraeus resigned as Director of the Central 
Intelligence Agency on November 9, 2012.

   D. Matthew Olsen, Director of the National Counterterrorism Center

    On July 5, 2011, the President nominated Matthew Olsen to 
be the Director of the National Counterterrorism Center (NCTC). 
Prior to his confirmation, Mr. Olsen was the General Counsel 
for the NSA. He also served in the Department of Justice, 
including as Associate Deputy Attorney General from March 2010 
to July 2010, Special Counselor to the Attorney General, 
Executive Director, Guantanamo Review Task Force, from March 
2009 to March 2010, Acting Assistant Attorney General for 
National Security from January to March 2009, and as Deputy 
Assistant Attorney General for National Security from September 
2006 until January 2009. From 1994 to 2006, Mr. Olsen was a 
federal prosecutor in the U.S. Attorney's Office for the 
District of Columbia. During this time, he served on detail as 
the Special Counsel to the Director of the FBI from May 2004 
until September 2005.
    After receiving Mr. Olsen's responses to the Committee's 
standard questionnaire and responses to the Committee's 
prehearing questions about his understanding of the duties and 
responsibilities of the office to which he had been nominated, 
the Committee held a nomination hearing on July 26, 2012. Mr. 
Olsen's testimony and his responses to the Committee's 
questionnaire, prehearing questions, and questions for the 
record are printed in S. Hrg. 112-308 and posted on the 
Committee's website. Following the hearing, the Committee 
unanimously reported the nomination favorably on August 1, 2011 
by a voice vote. The Senate approved the nomination on August 
2, 2011 by a voice vote.

      E. Irvin Charles McCullough, III, Inspector General for the 
                         Intelligence Community

    The Intelligence Authorization Act for Fiscal Year 2010 
created the position of the IC IG. The position of the 
Inspector General for the ODNI, created under the Intelligence 
Reform and Terrorism Prevention Act of 2004, lacked the 
authority to conduct investigations, inspections, audits, and 
reviews to improve management, coordination, cooperation, and 
information sharing among the sixteen agencies of the IC. As 
stated in Section 405 of the Intelligence Authorization Act for 
Fiscal Year 2010, the IC IG was fashioned ``to conduct 
independent investigations, inspections, audits, and reviews on 
programs and activities within the responsibility and authority 
of the Director of National Intelligence.'' These additional 
authorities were intended to help ensure that problems and 
deficiencies within and across intelligence agencies would be 
identified and addressed to improve the operations and 
effectiveness of the IC.
    On August 2, 2011, the President nominated Irvin Charles 
McCullough, III, to be the IC IG. At that time, Mr. McCullough 
was serving on detail from the NSA as the Deputy Inspector 
General at the ODNI. From 2003 to 2010, he was the Assistant 
Inspector General for Investigations at the NSA. Mr. McCullough 
also served as Senior Counsel for Law Enforcement and 
Intelligence in the Office of the General Counsel at the U.S. 
Treasury Department from 2001 to 2003. He also had been a 
Special Agent with the FBI from 1991 to 2001.
    After receiving Mr. McCullough's responses to the 
Committee's standard questionnaire and responses to the 
Committee's prehearing questions about his understanding of the 
duties and responsibilities of the office to which he had been 
nominated, the Committee held a nomination hearing on September 
22, 2011. Mr. McCullough's testimony and his responses to the 
Committee's questionnaire, prehearing questions, and questions 
for the record are printed in S. Hrg. 111-309 and posted on the 
Committee's website. Following the hearing, the Committee 
reported the nomination favorably on October 4, 2011, by a vote 
of 15-0. That same day, the nomination was referred to the 
Senate Homeland Security and Government Affairs Committee 
(HSGAC) under an arrangement made only with respect to the 
first nominee for the IC IG position. The nomination was 
discharged from the HSGAC on November 7, 2011, and Senate 
approved the nomination by voice vote the same day.

                        V. SUPPORT TO THE SENATE

    Under Senate Resolution 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 members and staff outside the Committee by 
inviting them to participate in briefings and hearings on 
issues of shared jurisdiction or interest. The Committee also 
provided intelligence briefings by its professional staff to 
Members outside the Committee and assisted Members in resolving 
issues with intelligence agencies.

                              VI. APPENDIX


                    A. Summary of Committee Actions


1. Number of meetings

    During the 112th Congress, the Committee held a total of 
112 on-the-record interviews, meetings, briefings, and 
hearings, and numerous off-the-record briefings. These included 
two joint hearings with the Senate Armed Services Committee and 
one joint open hearing with the House Permanent Select 
Committee on Intelligence on the tenth anniversary of the 9/11 
attacks. There were 72 oversight hearings, including 12 
hearings on the IC budget and three on legislative matters, and 
five open confirmation hearings. Of these 72 hearings, seven 
were open to the public and 65 were closed to protect 
classified information pursuant to Senate rules. The Committee 
also held 30 on-the-record briefings and meetings, and six 
business meetings including mark-ups of legislation. 
Additionally, the Committee staff conducted four on-the-record 
briefings and interviews and numerous off-the-record briefings.

2. Bills and resolutions originated by the Committee

    S. Res. 54--An original resolution authorizing expenditures 
by the Select Committee on Intelligence
    S. Res. 86--Recognizing the Defense Intelligence Agency on 
its 50th Anniversary
    S. 719--Intelligence Authorization Act for Fiscal Year 2011
    S. 1458--Intelligence Authorization Act for Fiscal Year 
2012
    S. 3276--FAA Sunsets Extension Act of 2012
    S. 3454--Intelligence Authorization Act for Fiscal Year 
2013

3. Bills referred to the Committee

    S. 548--To provide for the effective interrogation of 
unprivileged enemy belligerents and for other purposes
    S. Res. 213--Commending and expressing thanks to 
professionals of the Intelligence Community
    H.R. 3523--Cyber Intelligence Sharing and Protection Act
    H.R. 5743--Intelligence Authorization Act for Fiscal Year 
2013
    S. 3367--Deterring Public Disclosure of Covert Actions Act 
of 2012

4. Committee publications

    Rpt. No. 112-3--Report of the Select Committee on 
Intelligence covering the period January 3, 2009-January 4, 
2011
    S. Rpt. 112-14--Rules of Procedure
    Rpt. No. 112-12--Report to Accompany S. 719, the 
Intelligence Authorization Act for Fiscal Year 2011
    S. Hrg. 112-18--Nomination of Stephanie O'Sullivan to be 
Principal Deputy Director of National Intelligence
    S. Hrg. 112-252--Current and Projected National Security 
Threats to the United States
    S. Hrg. 112-306--Nomination of Lisa O. Monaco to be 
Assistant Attorney General for the National Security Division
    S. Hrg. 112-307--Nomination of General David H. Petraeus to 
be Director, Central Intelligence Agency
    S. Hrg. 112-308--Nomination of Matthew G. Olsen to be 
Director, National Counterterrorism Center
    S. Hrg. 112-309--Nomination of Irvin Charles McCullough III 
to be Inspector General of the Intelligence Community
    Rpt. No. 112-43--Report to accompany, S. 1458, the 
Intelligence Authorization Act for Fiscal Year 2012
    Rpt. No. 112-174--Report to accompany S. 3276, the FISA 
Sunsets Extension Act
    Rpt. No. 112-192--Report to accompany S. 3454, the 
Intelligence Authorization Act for Fiscal Year 2013

                         VII. ADDITIONAL VIEWS

1. Additional Views of Senators Ron Wyden and Mark Udall

    This report notes that the FISA Sunsets Extension Act of 
2012 was reported by the SSCI on a vote of 13-2, and approved 
by the full Senate on a vote of 73-23. Both of us voted against 
this bill because we believed that this law should have been 
reformed, rather than simply extended, and we would not 
necessarily describe it in the same terms that are used in this 
report. Rather than restate our views here, we would encourage 
anyone interested in understanding the debate over this law to 
review the committee report that accompanied the extension bill 
(Senate Report 112-174) or the Congressional Record for 
December 27 and 28, 2012, the dates that this bill was debated 
on the Senate floor.

                                   Ron Wyden.
                                   Mark Udall.

                                  
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