[Senate Report 115-13]
[From the U.S. Government Publishing Office]


115th Congress  }                                          {    Report
                                SENATE                          
1st Session     }                                          {    115-13
_______________________________________________________________________

                                     



                              R E P O R T

                                 of the

                    SELECT COMMITTEE ON INTELLIGENCE

                          UNITED STATES SENATE

                          covering the period

                            JANUARY 6, 2015

                                   TO

                            JANUARY 2, 2017
                            
                            
                            
                            

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               March 29, 2017.--Ordered to be printed
                 
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                    SELECT COMMITTEE ON INTELLIGENCE

                 RICHARD BURR, North Carolina, Chairman
                MARK R. WARNER, Virginia, Vice Chairman
JAMES E. RISCH, Idaho                DIANNE FEINSTEIN, California
MARCO RUBIO, Florida                 RON WYDEN, Oregon
SUSAN M. COLLINS, Maine              MARTIN HEINRICH, New Mexico
ROY BLUNT, Missouri                  ANGUS S. KING, Jr., Maine
JAMES LANKFORD, Oklahoma             JOE MANCHIN III, West Virginia
TOM COTTON, Arkansas                 KAMALA D. HARRIS, California
JOHN CORNYN, Texas

              Mitch McConnell, Kentucky, Ex Officio Member
            Charles E. Schumer, New York, Ex Officio Member
                John McCain, Arizona, Ex Officio Member
               Jack Reed, Rhode Island, Ex Officio Member
                 Christopher A. Joyner, Staff Director
                 Michael Casey, Minority Staff Director
                   Kelsey Stroud Bailey, Chief Clerk

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

                 Richard Burr, North Carolina, Chairman
              Dianne Feinstein, California, Vice Chairman
JAMES E. RISCH, Idaho                RON WYDEN, Oregon
DANIEL COATS, Indiana                BARBARA A. MIKULSKI, Maryland
MARCO RUBIO, Florida                 MARK R. WARNER, Virginia
SUSAN M. COLLINS, Maine              MARTIN HEINRICH, New Mexico
ROY BLUNT, Missouri                  ANGUS S. KING, Jr., Maine
JAMES LANKFORD, Oklahoma             MAZIE K. HIRONO, Hawaii
TOM COTTON, Arkansas

              Mitch McConnell, Kentucky, Ex Officio Member
                 Harry Reid, Nevada, Ex Officio Member
                John McCain, Arizona, Ex Officio Member
               Jack Reed, Rhode Island, Ex Officio Member
        Christopher A. Joyner, Jack Livingston, Staff Directors
         Michael Casey, David Grannis, Minority Staff Directors
                  Desiree Thompson Sayle, Chief Clerk
                  
                                PREFACE

    The Select Committee on Intelligence submits to the Senate 
this report on its activities from January 6, 2015 to January 
2, 2017. This report also includes references to activities 
underway at the conclusion of the 114th Congress that the 
Committee expects to continue into the future.
    Senate Resolution 400 of the 94th Congress charges the 
Committee with oversight responsibility for the programs and 
activities of the United States Intelligence Community (IC). 
The Committee conducts the preponderance of its oversight work 
in secret; accordingly, it cannot be discussed publicly to 
protect sensitive sources and methods. Nevertheless, the Select 
Committee on Intelligence has submitted activities reports on a 
biennial basis since 1977 to provide the American public with 
information about its intelligence oversight efforts. We submit 
this report to the Senate in furtherance of this practice.
    We also take this opportunity to thank all of the Members 
of the Committee in the 114th Congress. In particular, we take 
special note of our colleagues who have completed their service 
on the Committee. Senator Mikulski served on the Committee from 
the 107th Congress until she retired from the U.S. Senate at 
the end of the 114th Congress. Senator Coats served on the 
Committee from the 112th Congress until he retired from the 
U.S. Senate at the end of the 114th Congress. Senator Reid 
served on the Committee in the capacity of an ex officio (non-
voting) member from the 109th Congress until he retired from 
the U.S. Senate at the end of the 114th Congress. Senator 
Hirono served on the Committee during the 114th Congress. Their 
commitment to the Committee's important work helped to ensure 
an adaptive, capable IC and a secure nation amidst a time of 
global instability. We are grateful for their efforts.
    We also express our sincerest gratitude for the work of all 
members of the Committee's staff during the 114th Congress. 
Their professionalism and dedication were essential to the 
Committee's fulfillment of its oversight mandate.
                                   Richard Burr,
                                           Chairman.
                                   Mark R. Warner,
                                           Vice Chairman.
                                           
                                           
                                           
                                           
                            C O N T E N T S

                              ----------                              
                                                                   Page
Preface..........................................................   III
  I. Introduction.....................................................1
 II. Legislation......................................................2
      A. Cybersecurity Information Sharing Act of 2015...........     2
      B. Intelligence Authorization Act for Fiscal Year 2016.....     3
      C. Intelligence Authorization Act for Fiscal Year 2017.....     5
III. Oversight Activities.............................................7
      A. Hearings................................................     7
        1. Worldwide Threat Hearings.............................     7
        2. Syria/Iraq............................................     9
        3. Cybersecurity.........................................     9
        4. Countering the Islamic State of Iraq and the Levant...     9
        5. FBI...................................................    10
        6. Counterproliferation..................................    10
        7. Russia................................................    10
        8. Afghanistan/Pakistan..................................    10
        9. Western Hemisphere....................................    11
        10. Department of Energy Office of Intelligence and 
          Counterintelligence and the National Laboratory Complex    11
        11. Asia Pacific Region..................................    11
      B. Intelligence Community Issues...........................    12
        1. Encryption............................................    12
        2. Oversight of Intelligence Community Counterterrorism 
          Efforts................................................    12
        3. Defense Clandestine Service and the Defense 
          Intelligence Agency....................................    13
        4. Department of Defense Clandestine Activities..........    13
        5. Access to Presidential Policies that Bear on the 
          Intelligence Community.................................    13
        6. Classification Policy.................................    14
        7. Space Oversight and Management........................    14
        8. Intelligence Community Foreign Relations..............    15
        9. Management of Intelligence Community Analysis.........    15
        10. Intelligence Community Information Technology 
          Enterprise.............................................    15
        11. Collection Review....................................    15
        12. Audits and Investigations............................    15
        13. Intelligence Community Offices of Inspectors General.    16
        14. Attorney General Guidelines for the Department of 
          Defense................................................    16
        15. USA FREEDOM Act......................................    16
        16. Foreign Intelligence Surveillance Act Amendments of 
          2008, Section 702 Semi-Annual Reports..................    16
        17. Multi-Sector Workforce...............................    17
        18. Modernizing Financial Management.....................    17
        19. Privacy and Civil Liberties Oversight Board..........    17
        20. Other Legislative Efforts............................    17
 IV. Nominations.....................................................18
      A. Susan S. Gibson.........................................    18
      B. Shirley Woodward........................................    19
      C. Robert Storch...........................................    19
  V. Support to the Senate...........................................19
 VI. Appendix........................................................19
      A. Summary of Committee Actions............................    19
        1. Number of Meetings....................................    20
        2. Bills and Resolutions Originated by the Committee.....    20
        3. Bills Referred to the Committee.......................    20
        4. Committee Publications................................    21
        
        
        



115th Congress  }                                              {   Report
                                 SENATE
 1st Session    }                                              {   115-13

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



 
                          COMMITTEE ACTIVITIES

                                _______
                                

                 March 29, 2017.--Ordered to be printed

                                _______
                                

         Mr. Burr, from the Select Committee on Intelligence, 
                        submitted the following

                              R E P O R T

                            I. INTRODUCTION

    The activities of the Committee during the 114th Congress 
included: passage and enactment into law of critical 
legislation; confirmation of a nominee to a key intelligence 
Inspector General post; conducting extensive inquiries into, 
and reviews of, activities of the IC. In addition, the 
Committee fulfilled its many other oversight responsibilities 
through regularly interacting with IC senior leaders, 
conducting numerous hearings and briefings, traveling abroad 
with Member and staff delegations, and visiting domestic IC 
facilities.
    As described in Part II of this report, the Committee's 
paramount legislative priority and achievement in the 114th 
Congress was enactment of the Cybersecurity Information Sharing 
Act of 2015 (S. 754). The incorporation and promulgation of 
this legislation as part of H.R. 2029 (Public Law No: 114-113) 
represented the culmination of a steadily increasing alarm 
among Committee Members about cybersecurity threats facing our 
nation. Informed by a multi-year, extensive effort that drew on 
the input of senior intelligence officials and private sector 
experts, the Committee sponsored the Cybersecurity Information 
Sharing Act of 2015 to improve cybersecurity in the United 
States through enhanced sharing of cybersecurity threat 
information.
    Additionally, the Committee was successful in enacting a 
seventh consecutive intelligence authorization bill (the 
Intelligence Authorization Act for Fiscal Year 2016), and 
favorably reporting out of Committee the Intelligence 
Authorization Act for Fiscal Year 2017.
    Throughout the 114th Congress, the Committee routinely 
inquired into the IC's efforts to protect our national 
interests--at home and abroad--against the unpredictable and 
evolving terrorism threat, while safeguarding citizens' privacy 
and civil liberties. Similarly, the Committee made the IC's 
preparedness to warn of, and defend against, the cyber 
capabilities of adversary nations and non-state actors, a 
regular point of inquiry in hearings, briefings, and roundtable 
discussions with the IC leadership. Finally, by means of 
hearings, staff briefings, site visits, and other interactions 
with the IC, the Committee exercised particular oversight of 
the IC's performance relative to Syria, Iraq, Iran, 
Afghanistan, Pakistan, and the Asia-Pacific Region.

                            II. LEGISLATION


            A. Cybersecurity Information Sharing Act of 2015

    The serious and growing number of cyber threats has been 
the subject of significant Committee oversight and extensive 
testimony from senior IC officials. The Committee has reviewed 
many troubling cybersecurity incidents and focused considerable 
attention on malicious actors' efforts in cyberspace to inflict 
harm in the short term, and to intensify their capabilities 
over the long term. Through IC reporting and senior officials' 
testimony, the Committee has maintained awareness of the broad 
scope of risks posed by cyber threats to our national security 
and economic interests. Foreign cyber actors have stolen 
sensitive U.S. national security information and valuable 
commercial information for intelligence purposes and economic 
gain. The Committee has noted with growing concern a trend in 
cyber activity: intrusions into sensitive government systems 
and critical infrastructure. The potential for a disruptive or 
destructive attack on our infrastructure continues to be one of 
the most significant cyber threats facing the United States.
    Capitalizing on its cybersecurity and legal expertise, the 
Committee constructed a legal framework to improve the sharing 
of information between the public and private sector about 
cyber threats. Building on the Committee-reported Cyber 
Information Sharing Act (CISA) during the 113th Congress, the 
Committee reported an updated Cybersecurity Information Sharing 
Act of 2015 (S. 754) on March 17, 2015. The bill included 
authorizations, procedures, and protections to encourage 
public/private collaboration on cybersecurity threats, 
including:
           Requirements for procedures for the 
        government to increase sharing about cybersecurity 
        threats with the private sector, including increased 
        sharing of classified information and declassification 
        as appropriate;
           Clarification of authorities for entities to 
        monitor data on or transiting their networks or those 
        of consenting customers, for cybersecurity threats, 
        take defensive measures on their networks for 
        cybersecurity purposes, and voluntarily share relevant 
        information about cybersecurity threats with each other 
        and the government;
           Requirements for procedures to ensure 
        appropriate sharing of cyber threat indicators and 
        defensive measures within the government, establishment 
        of privacy guidelines, and the creation of a capability 
        and process at the Department of Homeland Security as 
        the primary means of receiving cyber threat indicators 
        and defensive measures from the private sector;
           Limitations on the government's use of cyber 
        threat information to cybersecurity efforts, responding 
        to specific public safety threats, and countering 
        computer crimes;
           Provision of liability protection to private 
        entities that appropriately monitor their networks and 
        share cyber threat indicators and defensive measures 
        consistent with privacy rules; and,
           Requirements for multiple levels of 
        oversight of the information sharing system by senior 
        government officials, inspectors general, the Privacy 
        and Civil Liberties Oversight Board, and Congress.
    This legislation passed the Senate on October 27, 2015, by 
a vote of 74-21, and it was incorporated into and became law as 
part of H.R. 2029 on December 18, 2015 (Public Law No: 114-
113).

         B. Intelligence Authorization Act for Fiscal Year 2016

    In the 114th Congress, the Committee emphasized the 
continued enactment of annual intelligence authorization acts 
as a primary means of its oversight.
    The Committee's budget monitors evaluated the fiscal year 
2016 National Intelligence Program and Military Intelligence 
Program budget requests submitted by the President.
    The intelligence entities covered by the annual budget 
reviews included: the Office of the Director of National 
Intelligence (ODNI), the Central Intelligence Agency (CIA), the 
Defense Intelligence Agency (DIA), the National Security Agency 
(NSA), the National Geospatial-Intelligence Agency (NGA), the 
National Reconnaissance Office (NRO); the intelligence 
capabilities of the military services and the U.S. Coast Guard; 
and, the intelligence-related components of the Federal Bureau 
of Investigation (FBI), as well as the Departments of State, 
Treasury, Energy, and Homeland Security, and the Drug 
Enforcement Administration.
    As part of its budget review, the Committee received 
testimony from senior IC officials in closed hearings. 
Additionally, Committee budget monitors evaluated classified 
budget justifications submitted by the Executive Branch. Based 
on those reviews, the Committee prepared a classified annex to 
its annual authorization bill and report. This annex contained 
a classified schedule of authorizations and classified 
direction to IC elements.
    The Committee also reviewed the Administration's 
legislative proposals for the public part of the fiscal year 
2016 bill, which included new or amended legislative authority 
requested by the IC.
    The Committee completed work on an intelligence 
authorization bill for fiscal year 2016 and reported a bill (S. 
1705) on July 7, 2015, and subsequently reported an 
accompanying report (S. Rpt. 114-83) on July 16, 2015. The 
House of Representatives had previously passed the Intelligence 
Authorization Act for Fiscal Year 2016 (H.R. 2596) on June 16, 
2015, by a vote of 247-178. The Committee then worked with the 
House Permanent Select Committee on Intelligence and other 
congressional committees on a final version of the legislation. 
On December 1, 2015, the House of Representatives passed an 
amended version of H.R. 2596 (H.R. 4127), by a vote of 364-58.
    Subsequently, the intelligence committees continued to work 
on a joint bill to be included as Division M of the 
Consolidated Appropriations Act of 2016 (H.R. 2029). After 
resolving differences, both the House and the Senate passed 
H.R. 2029 by recorded votes on December 18, 2015. It was 
presented to the President and signed into law on December 18, 
2015 (Public Law 114-113).
    The Intelligence Authorization Act for Fiscal Year 2016 
authorized funding for intelligence and intelligence-related 
activities across the U.S. Government and included a classified 
schedule of authorizations and a classified annex. The Act 
contained a number of legislative provisions, including:
           A requirement for the Director of National 
        Intelligence (DNI) to direct each agency to implement a 
        program for enhanced security review of individuals who 
        have been deemed eligible for access to classified 
        information or to hold a sensitive position;
           A requirement for the DNI, in collaboration 
        with the Secretary of Defense, and the Chairman of the 
        Joint Chiefs of Staff, to develop a strategy, with 
        milestones and benchmarks, to ensure that there is a 
        comprehensive interagency review of policies and 
        practices for planning and acquiring national security 
        satellite systems and architectures, including the 
        capabilities of commercial systems and partner 
        countries, consistent with the National Space Policy 
        issued on June 28, 2010;
           A provision making the National 
        Counterintelligence Executive subject to Presidential 
        appointment and Senate confirmation;
           A requirement that the DNI submit an 
        assessment to the appropriate congressional committees 
        concerning the funding of political parties and 
        nongovernmental organizations in the former Soviet 
        States and Europe by the Russian Security Services 
        since January 1, 2006, as well as an assessment 
        concerning the use of political assassinations as a 
        form of statecraft by the Russian Federation to the 
        appropriate congressional committees;
           A requirement that the Secretary of State 
        ensure that key supervisory positions at United States 
        diplomatic facilities in Cuba are occupied by citizens 
        of the United States who have passed a thorough 
        background check, and, in coordination with other 
        appropriate government agencies, submit to the 
        appropriate congressional committees a plan to further 
        reduce the reliance on locally employed staff in United 
        States diplomatic facilities in Cuba, including cost 
        estimates, timelines, and numbers of employees to be 
        replaced;
           A requirement that the DNI, in consultation 
        with the Secretary of the Treasury, submit to the 
        appropriate congressional committees a report assessing 
        the monetary value of any direct or indirect form of 
        sanctions relief Iran has received since the Joint 
        Comprehensive Plan of Action entered into effect on 
        October 18, 2015, and how Iran has used funds made 
        available through such sanctions relief;
           A prohibition on IC elements from using 
        funds authorized to be appropriated or otherwise made 
        available to transfer or release individuals detained 
        at Guantanamo Bay to or within the United States, its 
        territories, or possessions;
           A prohibition on IC elements from using 
        funds authorized to be appropriated or otherwise made 
        available to construct or modify facilities in the 
        United States, its territories, or possessions to house 
        detainees transferred from Guantanamo Bay;
           A prohibition on IC elements from using 
        funds authorized to be appropriated or otherwise made 
        available to transfer or release an individual detained 
        at Guantanamo Bay to the custody or control of any 
        country, or any entity within such country, as follows: 
        Libya, Somalia, Syria, or Yemen;
           A requirement that the DNI submit a periodic 
        report to the congressional intelligence committees on 
        foreign fighter flows to and from Syria and Iraq;
           A requirement that the DNI submit a report 
        on the strategy, efforts, and resources of the IC that 
        are necessary to detect, deter, and degrade the revenue 
        mechanisms of the Islamic State of Iraq and the Levant 
        (ISIL); and
           A requirement that the President submit to 
        the appropriate congressional committees a 
        comprehensive report on the counterterrorism strategy 
        to disrupt, dismantle, and defeat ISIL, al-Qa'ida, and 
        their affiliated groups, associated groups, and 
        adherents.

         C. Intelligence Authorization Act for Fiscal Year 2017

    In early 2016, the Committee began its consideration of the 
President's requests for funding levels and legislative 
authority for fiscal year 2016. Again, the Committee's budget 
monitors evaluated the budget requests submitted by the 
Executive Branch. As before, the Committee also reviewed the 
Administration's legislative proposals for the fiscal year 2017 
bill, including new or amended legislative authority requested 
by the IC. Committee staff received a number of briefings, and 
the Committee conducted classified budget hearings.
    The Committee reported the Intelligence Authorization Act 
for Fiscal Year 2017 (S. 3017) on June 6, 2016, and 
subsequently reported an accompanying report (S. Rpt. 114-277) 
on June 15, 2016. The House of Representatives had previously 
passed under suspension of the rules an Intelligence 
Authorization Act for Fiscal Year 2016 (H.R. 5077) on May 24, 
2016, with a roll call vote of 371-35. The Committee proceeded 
to work with the House Permanent Select Committee on 
Intelligence and other congressional committees on a final 
version of the legislation. Reflecting a portion of these 
discussions and agreements, the House of Representatives passed 
two amended versions of the Intelligence Authorization Act for 
Fiscal Year 2017 (H.R. 6393 on November 20, 2016, with a roll 
call vote of 390-30; and H.R. 6480 on December 8, 2016) under 
suspension of the Rules.
    The Committee-passed Intelligence Authorization Act for 
Fiscal Year 2017 authorizes funding for intelligence and 
intelligence-related activities across the U.S. Government and 
includes a classified schedule of authorizations and a 
classified annex. The Act contained a number of legislative 
provisions, including:
           A requirement that the DNI submit a five-
        year investment strategy for outreach and recruiting 
        efforts in the fields of Science, Technology, 
        Engineering, and Mathematics (STEM), and a requirement 
        that IC elements submit STEM investment plans 
        supporting this strategy for each of the fiscal years 
        2018 through 2022;
           Authorization of a new pay scale to permit 
        salary increases for employees in the IC with STEM 
        backgrounds;
           A requirement that the inspector general for 
        each IC element implement a policy that prohibits 
        Office of Inspector General senior employees from being 
        involved in potentially conflicting matters, as well as 
        prohibiting the DNI from requiring an employee of an 
        Office of Inspector General to rotate to a position in 
        the element over which such office conducts oversight;
           A requirement that the DNI submit to the 
        congressional intelligence committees notifications and 
        copies of any classified or unclassified Presidential 
        Policy Directive, Presidential Policy Guidance, or 
        other similar policy document issued by the President 
        which involves the IC;
           A requirement that the DNI and the Secretary 
        of Homeland Security establish a program to provide 
        assistance and support to certain critical 
        infrastructure entities, on a voluntary basis, for the 
        purpose of reducing the likelihood of catastrophic harm 
        resulting from a cyber-attack;
           Authorization for the Director of the CIA to 
        pay death benefits substantially similar to those 
        authorized for members of the Foreign Service, and a 
        requirement that the Director submit implementing 
        regulations to the congressional intelligence 
        committees;
           A requirement that the President establish 
        an interagency committee to counter active measures by 
        the Russian Federation that constitute Russian actions 
        to exert covert influence over peoples and governments;
           A requirement that the Director of the FBI 
        certify that Russian diplomats have followed proper 
        travel notification procedures before the Secretary of 
        State can permit Russian diplomats' travel in excess of 
        50 miles outside of their diplomatic posts;
           A requirement that the DNI conduct a study 
        to determine the feasibility of creating an 
        intelligence sharing arrangement and database among 
        parties to the Open Skies Treaty with higher frequency, 
        quality, and efficiency, as well as a requirement that 
        the DNI issue a report as to how the Russian Federation 
        is using Open Skies Treaty collection, a list of the 
        covered parties that have been updated with this 
        information, and an analysis of the benefits the United 
        States derives by being a party to the treaty as well 
        as the potential implications for covered state parties 
        if the United States should withdraw from the treaty;
           A requirement that the Privacy and Civil 
        Liberties Oversight Board (PCLOB) keep Congress and 
        relevant IC elements fully and currently informed of 
        its activities;
           A provision to ensure that the PCLOB can 
        maintain personnel in the absence of a chairman;
           A provision to ensure that the PCLOB is 
        focused on the privacy and civil liberties of United 
        States persons when conducting its analysis and review 
        of United States counterterrorism efforts;
           A requirement that the DNI complete a 
        declassification review of information on the past 
        terrorist activities of detainees transferred or 
        released from Guantanamo, make resulting declassified 
        information publicly available, and submit to the 
        congressional intelligence committees a report setting 
        forth the results of the declassification review and, 
        if any information covered by the review was not 
        declassified, a justification for the determination not 
        to declassify such information;
           A prohibition on individuals detained at 
        Guantanamo from being transferred or released to a 
        foreign country until after the date that the DNI 
        certifies that an intelligence-driven threat monitoring 
        system has been established and is sufficient to 
        mitigate the risk of such individuals reengaging in 
        terrorism, or posing a threat to United States persons 
        or national security, and that the IC has the 
        capability to monitor all such individuals by 
        appropriate means to provide assessments on their 
        activities, as required;
           A prohibition on the Secretary of Defense 
        from using waiver authority under 10 U.S.C. 
        Sec. 119(e)(1) to omit reporting intelligence or 
        intelligence-related activities in the annual report 
        requirements;
           A requirement that the DNI, in collaboration 
        with the Secretary of Defense and the Chairman of the 
        Joint Chiefs of Staff, issue an update to the strategy 
        for a comprehensive review of the United States 
        national security overhead satellite architecture 
        required in the Intelligence Authorization Act for 
        Fiscal Year 2016 (H.R. 2029, Division M);
           A requirement that the DNI conduct and 
        provide to the congressional intelligence committees a 
        current assessment of the IC's implementation of the 
        recommendations issued in 2013 by the National 
        Commission for the Review of the Research and 
        Development (R&D) Programs of the IC; and
           A requirement that the DNI develop and brief 
        the congressional intelligence committees on a plan, 
        with milestones and benchmarks, to implement a R&D 
        Reserve Corps, as recommended in 2013 by the bipartisan 
        National Commission for the Review of the R&D Programs 
        of the IC.
    The full Senate did not formally consider S. 3017 for 
passage before the 114th Congress concluded. However, the 
intelligence committees continue to work toward passing a 
modified Intelligence Authorization Act for Fiscal Year 2017.

                       III. OVERSIGHT ACTIVITIES


                              A. Hearings


1. Worldwide Threat Hearings

    Since 1994, the Committee has held annual open hearings to 
review the IC's assessment of the current and projected 
national security threats to the United States. These 
``Worldwide Threat'' hearings cover national security concerns 
in all geographic regions, as well as transnational threats 
such as terrorism and weapons proliferation.
    On February 12, 2015, the Committee held an open hearing on 
the current and projected terrorist threats the United States 
faces around the world. The witness before the Committee was 
National Counterterrorism Center Director, Nick Rasmussen. 
Director Rasmussen's unclassified prepared statement for the 
record is available in the Hearings section of the Committee's 
website. A video recording of the full hearing can also be 
found on the Committee's website.
    At the hearing, Director Rasmussen characterized the threat 
environment as ``increasingly diverse and dynamic,'' and 
described a ``new level of specialization and fragmentation 
within (the) larger terrorism landscape.'' Director Rasmussen 
noted the IC's counterterrorism enterprise may be entering an 
era ``in which the centralized leadership of terrorist groups 
matters less than it did previously,'' and ``group affiliation 
and identity is more fluid, and extremist narratives are more 
focused on a wider range of alleged grievances and enemies.'' 
Director Rasmussen's concluding supposition was that personal 
connections among individual terrorists may now be more 
relevant to their plotting than their individual group 
affiliation or identity.
    Director Rasmussen did caution, however, that the United 
States continues to face ``moderate and small-scale threats'' 
from groups that are more structured and cohesive, similar to 
``traditional'' al-Qa'ida and al-Qa'ida affiliates, adding that 
``although the number of groups posing that truly transnational 
threat is somewhat smaller and our efforts to place pressure on 
them have met with some success, it's important to remember 
that these groups are persistent and they're patient with their 
desires and their plans to strike the homeland.''
    The Committee held a closed hearing on the current and 
projected national threats on February 24, 2015.
    On February 9, 2016, in the second session of the 114th 
Congress, the Committee held an open Worldwide Threat hearing. 
Director of National Intelligence Clapper presented an opening 
statement on behalf of the IC, and was joined at the witness 
table by John O. Brennan, Director of the CIA; James B. Comey, 
Director of the FBI; Admiral Michael Rogers, Director of the 
NSA; and Lieutenant General Vincent Stewart, Director of the 
DIA. Director Clapper's unclassified prepared statement for the 
record is available in the Hearings section of the Committee's 
website, along with a video recording of the full hearing.
    Citing a sustained trend of ``unpredictable instability,'' 
Director Clapper highlighted that ``violent extremists are 
operationally active in about 40 countries.'' Director Clapper 
added that seven countries are ``experiencing a collapse of 
central government authority and 14 others face regime-
threatening or violent instability, or both,'' while another 
``59 countries face a significant risk of instability through 
2016.'' Director Clapper further testified that migration and 
displacement will strain countries in Europe, Asia, Africa, and 
the Americas, noting that ``some 60 million people worldwide 
(are) considered displaced.''
    Speaking to threats arising in the arena of cyber and 
technology, Director Clapper offered that the burgeoning 
``Internet of Things'' will connect tens of billions of 
physical devices susceptible to exploitation. Further, Director 
Clapper added that Russia, China, Iran, and North Korea each 
either have a sophisticated cyber program, or are actively 
engaged in cyber espionage. Director Clapper also referred to 
the threat of non-state cyber actors, highlighting ISIL's 
``unprecedented online proficiency,'' as a non-state actor.

2. Syria/Iraq

    The Committee held multiple hearings and briefings on the 
violence in Syria and Iraq, and the instability caused by the 
growth of terrorist groups such as ISIL and al-Qa'ida. The 
Committee also reviewed allegations that intelligence analysis 
was deliberately manipulated at U.S. Central Command's 
Intelligence Directorate to reflect favored battlefield 
outcomes in Iraq. Additionally, the Committee closely examined 
Russia's combat deployment to Syria in September 2015 and its 
provision of support to the Assad regime's brutal assault on 
Syrian cities, including Aleppo.

3. Cybersecurity

    The Committee held 11 hearings on cybersecurity-related 
matters in the 114th Congress. As cited above, it passed the 
``Cybersecurity Information Sharing Act of 2015,'' which was 
signed into law as the ``Cybersecurity Act of 2015.'' This 
comprehensive cybersecurity bill was the capstone of the 
Committee's efforts over many years. This bill provided clear 
authorities to improve the nation's cybersecurity, and allows 
for the continued, meaningful oversight of U.S. Government 
cybersecurity efforts. The Committee has supported the bill's 
implementation through regular meetings with stakeholders and 
continued assessment of required reports. Beyond hearings and 
legislative activities, the Committee and its staff frequently 
engaged with both U.S. Government personnel and leading private 
sector stakeholders to discuss cybersecurity topics.
    The Committee's formal and informal activities have 
contributed to its detailed and comprehensive awareness of the 
threats to, and vulnerabilities of, U.S. networks and systems, 
including the increased aggressiveness of malicious cyber 
actors. These escalating threats illustrated the importance of 
the IC's continuously improving its cyber posture by fostering 
innovation and collaboration. Accordingly, the IC's ability to 
develop, acquire, and effectively leverage the tools and talent 
it needs to anticipate and mitigate cyber threats continues to 
be a priority for the Committee.

4. Countering the Islamic State of Iraq and the Levant

    During the 114th Congress, the threat from ISIL expanded 
significantly, growing from the battlefield in Syria and Iraq 
to become a global threat. The Committee conducted eight 
hearings and roundtables associated with the IC's assessment of 
the ISIL threat, and examined the IC's capabilities to 
effectively collect intelligence on ISIL activities.
    The Committee also conducted regular meetings with IC 
personnel to evaluate the IC's role in tracking terrorist 
travel, and the threat from foreign fighters traveling to and 
from the conflict in Syria and Iraq to join ISIL and other 
terrorist groups. Committee staff conducted regular meetings 
with IC personnel to assess the IC's response to ISIL's highly 
effective online recruitment campaign for foreign fighters.
    Additionally, during the 114th Congress, the Committee 
staff held numerous in-depth oversight meetings with government 
officials to examine the effectiveness of counter-ISIL 
operations, and to better understand related intelligence 
collection and analysis.

5. FBI

    FBI officials appeared before the Committee more than 19 
times during the 114th Congress. Due to a rapid uptick in 
threats from homegrown violent extremists in the summer and 
fall of 2015, many of the witnesses focused on counterterrorism 
issues. Several other briefings were dedicated to defending our 
nation against cyber-attack, and the challenges presented by 
ubiquitous encryption. Director Comey appeared before the 
Committee eight times, discussing ``Going Dark'' extensively. 
Conversations with Director Comey centered on preserving the 
benefits of strong encryption, while addressing law 
enforcement's frequent inability to collect evidence or pursue 
terrorist suspects.

6. Counterproliferation

    The Committee held multiple hearings to discuss the IC's 
counterproliferation efforts, including: the illicit transfer 
of Weapons of Mass Destruction (WMD) and missile technology by 
nation states, and the threat of terrorist use of WMD. While 
the details of these hearings are classified, 
counterproliferation issues were a major focus of the 
Committee.
    In particular, the Committee held a number of briefings and 
hearings on Iran's compliance with the Joint Comprehensive Plan 
of Action to ensure the terms and conditions of the agreement 
to limit Iran's nuclear ambitions are adhered to.

7. Russia

    The Committee has focused extensively on the Russian threat 
to U.S. national security. Hearings covered the Russian threat 
to critical infrastructure, cybersecurity, counterintelligence, 
and the Russian ``active measures'' campaign. During the 114th 
Congress, the Committee held nine hearings at which the Russian 
active measures campaign was discussed--four of which centered 
on Russian involvement in the U.S. political process. The 
Committee has consistently urged for more aggressive actions 
that would increase collection, expose active measures, and 
strengthen the counterintelligence postures of the United 
States and our key allies. As a result of information obtained 
throughout the Congress, the Committee included both classified 
and unclassified provisions in the Intelligence Authorization 
Act for Fiscal Year 2017 to address these matters.

8. Afghanistan/Pakistan

    The Committee's efforts in the 114th Congress focused on 
the IC's role in supporting U.S. policy objectives in 
Afghanistan and the region, as the Obama Administration 
continued toward its stated ``drawdown'' of forces. The Taliban 
insurgency, its threats to regional capitals, and the 
struggling National Unity Government present challenges to U.S. 
policy in Afghanistan. The Committee continued to monitor 
intelligence operations related to providing support to the 
policymakers on these, and related, issues.
    Bilateral relations with Pakistan play a prominent role in 
addressing Afghanistan's security and political environment. 
Accordingly, the Committee continued its oversight of IC 
support to policymakers seeking to address perennial issues: a 
terrorist safe haven in the tribal regions, the persistent 
threat posed by the Haqqani network, and the Pakistani 
military's efforts to stabilize and secure the Federally 
Administered Tribal Areas.
    Throughout the 114th Congress, the Committee conducted 
hearings and received briefings on IC assessments regarding the 
strength and long-term viability of the Afghan insurgency, and 
the implications for long-term U.S. policy goals after combat 
operations in Afghanistan end. As the new Administration 
confronts challenges in the region, including an Afghanistan 
still facing a strong insurgency supported by a safe haven in 
Pakistan, ongoing terrorist developments in the region, and 
continued tensions between India and Pakistan, the Committee 
will continue to review the role of the IC in supporting 
policymakers.

9. Western Hemisphere

    The Committee closely reviewed intelligence activities in 
the Western Hemisphere, examining the continued threats to 
national security emanating from illicit trafficking, violent 
transnational criminal organizations, and the military and 
intelligence activities of U.S. adversaries in Latin America. 
The Committee continues to seek ways to enhance working 
relationships between the U.S. Government and partner nations 
in Latin America through capacity building of police and 
security forces as well as improving judicial processes and 
combating corruption to enable a more unified effort to 
dismantle cartels and criminal organizations. Latin America 
remains plagued with extremely high levels of violence in 
certain areas. The U.S. law enforcement and intelligence 
communities have a responsibility to assist our neighbors in 
confronting these threats to stability in the hemisphere and 
the U.S. homeland.

10. Department of Energy Office of Intelligence and Counterintelligence 
        and the National Laboratory Complex

    During the 114th Congress, the Committee focused on 
safeguarding and leveraging the compartmented work performed 
within the U.S. National Laboratory complex. This included a 
hearing with the head of the Department of Energy's Office of 
Intelligence and Counterintelligence (DOE-IN) and the heads of 
the National Laboratories who work on national security issues 
for the Department of Defense and the IC. Safeguarding this 
information by increasing counterintelligence resources for 
DOE-IN is a top priority in the Intelligence Authorization Act 
for Fiscal Year 2017.

11. Asia Pacific Region

    The Committee dedicated considerable time and attention to 
monitoring events in the Asia Pacific Region, which included 
travel to the region, numerous staff briefings, five Committee 
hearings, and several Committee briefings on topics such as 
military modernization efforts, burgeoning nuclear weapons 
capability, and leadership intentions of regional actors. These 
activities were central to the Committee's oversight 
obligations vis-a-vis the IC and its mandate to inform 
policymakers over the growing presence of violent extremism in 
Southeast Asia, China's territorial expansion in the South 
China Sea and East China Sea, North Korea's development of new 
missile, conventional, and nuclear capabilities, and other 
national security concerns in the region.

                    B. Intelligence Community Issues


1. Encryption

    Encryption presents both benefits and challenges to U.S. 
national security and public safety. The Committee engaged with 
a wide variety of public and private sector experts to obtain 
valuable insights into the debate. Although security 
technologies play an important role in protecting an individual 
consumer's communications, the Committee examined the impact 
encryption has on IC efforts to conduct its mission. For 
instance, terrorist use of new encrypted communication 
technologies poses challenges to the IC's ability to identify 
and thwart attacks.
    The Committee urged the IC to work collaboratively with the 
private sector to find both technical and policy solutions that 
could serve to protect both the privacy and security of the 
American people. The Committee also met with stakeholders to 
isolate technical challenges, explore potential solutions, and 
identify enduring legal principles to address this complex 
issue appropriately. Meeting with subject matter experts 
throughout the IC on encryption, the Committee looked at 
specific technologies and applications, the policy options 
available to the IC to achieve its mission, and the varying 
impacts of a strategy that would affect both law enforcement 
and intelligence components.
    The Committee also heard testimony from senior IC leaders 
on the current and future impacts of encryption technologies on 
intelligence collection. The Committee reviewed both 
qualitative and quantitative data on the scope and importance 
of technological trends and their impact on specific missions. 
The Committee believes that there should be a broader national 
discussion about the relative benefits and risks of different 
approaches to encryption and the particular role of the IC in 
protecting our national security.
    In April 2016, Chairman Burr and Vice Chairman Feinstein 
distributed a discussion draft bill for review by important 
stakeholders. The bill, entitled the Compliance with Court 
Orders Act, required certain entities to provide readable data 
to law enforcement, if those entities were served with a lawful 
court order. The bill did not specify or mandate how entities 
must comply with such court orders, but nevertheless provided 
compensation to the entities for any costs they may incur by 
complying (such as technical assistance). Chairman Burr and 
Vice Chairman Feinstein did not formally introduce a bill, nor 
did the Committee formally consider the legislation.

2. Oversight of Intelligence Community Counterterrorism Efforts

    During the 114th Congress, the Committee continued its 
oversight of the IC's role in U.S. counterterrorism efforts. 
The Committee continued its practice of conducting regularly 
scheduled hearings, roundtables, and meetings with IC personnel 
relative to counterterrorism.
    The Committee also devoted significant time and attention 
to the IC's role in tracking terrorist travel and, 
specifically, cross-border movement. Committee staff held 
numerous in-depth oversight meetings with government officials 
to review counterterrorism processes, procedures, and 
technological capabilities in order to examine their efficacy, 
verify their ability to adapt to the changing threats of 
terrorist travel, and review the IC's integration of relevant 
data sets. Committee staff also traveled to multiple field 
locations to assess the effectiveness of the IC's terrorist 
travel tracking efforts.
    The complex and dynamic nature of the use of online and 
encrypted communications by international terrorists created an 
even greater need for the IC to find agile, innovative 
solutions for intelligence collection. The Committee pressed 
the IC to continue to streamline its collection efforts against 
key international terrorist groups.
    Additionally, during the 114th Congress, the Committee 
continued to examine counterterrorism relations between the IC 
and foreign liaison partners. Specifically, staff conducted 
multiple oversight meetings with IC personnel to assess 
counterterrorism intelligence sharing with existing strategic 
international partners, and the extent to which the IC was 
identifying new intelligence sharing partners to counter the 
growing threat posed by international terrorist entities.

3. Defense Clandestine Service and the Defense Intelligence Agency

    The Committee continued to examine closely the 
implementation of the Defense Clandestine Service (DCS) to 
ensure the intelligence needs of the Department of Defense are 
adequately addressed, without unnecessary duplication of human 
intelligence collection conducted elsewhere in the IC.
    In addition to oversight of the DCS, the Committee received 
regular briefings and reports regarding the DIA's performance 
in providing defense intelligence to our warfighters, defense 
planners, and national security leaders. The Committee focused 
heavily on DIA's work in the areas of analysis, science and 
technology, and strategic intelligence.
    The Committee focused particular attention on the roles and 
missions within the Defense Intelligence Enterprise. In 2015, 
whistleblower allegations brought into question the integrity 
and objectivity of intelligence analysis produced within the 
U.S. Central Command Intelligence Directorate. This episode 
brought longstanding Committee concerns to the fore and 
prompted an examination of DIA's suitability for civilian 
leadership given the systemic issues facing the agency, 
including an ill-defined mission and a correspondingly vague 
customer base.

4. Department of Defense Clandestine Activities

    The Committee continued to examine closely all dimensions 
of the intelligence and intelligence-related clandestine 
activities overseen by the Under Secretary of Defense for 
Intelligence, including program effectiveness, efficiency, and 
compliance with applicable laws and directives. As part of this 
effort, the Committee reviewed the management, coordination, 
and transparency associated with certain programs.

5. Access to Presidential Policies that Bear on the Intelligence 
        Community

    Presidential policy directives issued by the previous 
Administration garnered particular attention because many were 
not reported publicly, or contained classified annexes. The 
Committee held a number of briefings to enhance its access to 
IC-affecting presidential directives and other forms of written 
direction, which were not made public or shared with Committee 
Members or appropriately cleared congressional staff. Such 
unacknowledged guidance could allow Executive Branch activity 
to avoid proper congressional oversight. The Committee-reported 
Intelligence Authorization Act for Fiscal Year 2017 includes a 
provision that would require the IC to brief the Committee on 
such directives to ensure appropriate oversight of White House 
policy affecting the IC.

6. Classification Policy

    The Committee held over 20 briefings on classification and 
declassification policy with IC elements, the Information 
Security Oversight Office within the National Archives and 
Records Administration, members of the Public Interest 
Declassification Board, and academic experts. A robust 
classification regime is essential to protecting secrets, 
ensuring appropriate sharing with mission partners, and 
providing for appropriate public access when materials no 
longer merit protection. Recent unauthorized disclosures 
highlight the need to ensure effective security over classified 
materials.
    The Committee surfaced a number of issues, including the 
persistently large number of classification guides (over 3,000 
across the government) and the high number of categories of 
classification and handling markings (43) that have yielded 
error rates in the application of classification (up to 70 
percent in some agencies). The Committee-reported Intelligence 
Authorization Act for Fiscal Year 2017 includes provisions that 
report on implementation of security reforms and an annual 
report on IC controlled access programs.

7. Space Oversight and Management

    During the 114th Congress, the Committee continued its 
oversight efforts in the space domain, focusing in particular 
on ensuring the reliable, effective, and resilient access to--
and operation in--space for intelligence purposes. Improved 
foreign counterspace capabilities have made space a congested, 
contested, and competitive environment, which jeopardizes this 
goal. The Committee held a number of briefings and hearings to 
ensure robust management of IC activity in space and effective 
collaboration with the Department of Defense.
    The Committee also conducted a number of hearings and 
roundtables to examine key budget issues and to review space 
system acquisitions. Moreover, the Committee held its first 
open hearing with the Director of the NGA to discuss NGA's 
increased leveraging of all sources of geospatial data--
classified and unclassified--to provide augmented value for its 
customers. Further, the open hearing offered an opportunity to 
appraise the potential impact a wave of new commercial imagery 
providers will have on NGA. In addition to hearings, the 
Committee and its staff engaged frequently on overhead 
architecture topics with the NRO, NGA, and other IC and 
government officials, and conducted site visits to government 
facilities and commercial companies to meet with government 
officials and industry leaders.

8. Intelligence Community Foreign Relations

    The Committee reviewed its oversight of the IC's conduct of 
foreign relations with counterparts overseas. Under the 
National Security Act, the CIA has authority to coordinate 
foreign intelligence and counterintelligence relations, while 
the DNI oversees that coordination function. The Under 
Secretary of Defense for Intelligence performs a similar 
oversight function for intelligence and counterintelligence 
relations undertaken by Department of Defense elements, 
including the combatant commands and the military services. 
Executive Order 12333 authorizes IC elements to engage in 
foreign relations to support their statutorily assigned 
missions.
    Department of Defense foreign security cooperation efforts 
are governed through dozens of specific statutes, each of which 
has particular reporting and notification requirements to 
Congress. However, there is no comprehensive congressional 
framework for intelligence cooperation efforts. The Committee 
held over a dozen briefings with the IC in an effort to ensure 
that the Intelligence Community's approach to cooperation 
efforts supports U.S. intelligence and policy objectives, is 
not duplicative, and properly manages counterintelligence and 
security risks.

9. Management of Intelligence Community Analysis

    The Committee continued its review of the IC's management 
methods for ensuring high-quality, timely, relevant, and 
impartial analysis. The Committee held a number of hearings and 
briefings to address allegations of bias in analysis conducted 
by the Department of Defense Central Command's intelligence 
center. It also hosted briefings to assess efforts by ODNI's 
Chief of Analytic Integrity and Standards to exercise 
leadership over the IC's analytic workforce, training, 
practices, and products, in light of the dissolution of the 
Deputy DNI for Analysis in 2010.

10. Intelligence Community Information Technology Enterprise

    The Committee continued to host quarterly updates with the 
IC's chief information officers to ensure the success of the 
Intelligence Community Information Technology Enterprise (IC 
ITE) initiative. IC ITE's model of shared services promises to 
improve information sharing and access, enhance security 
through detection and audit capabilities, and reduce U.S. 
Government investment in unwanted legacy information technology 
capabilities.

11. Collection Review

    The Committee completed a review of IC collection 
capabilities that started in the 113th Congress as a complement 
to ongoing staff oversight efforts. A study team of five 
staff--three professional staff and two detailees from the 
Executive Branch--examined IC collection activities, identified 
redundancies and gaps, confirmed their legal and policy bases, 
and reviewed efforts to integrate them. Committee professional 
staff took responsibility for appropriate action on the study's 
findings and recommendations.

12. Audits and Investigations

    During the 114th Congress, pursuant to Committee Rule of 
Procedure 10.9, the Committee reassigned responsibility for 
audits and oversight projects from a separate staff element to 
the Committee's professional staff. Toward this end, staff 
formed an external Technical Advisory Group with outside 
experts and generated a report on a classified topic. Staff 
also continued to monitor the progress of IC elements toward 
obtaining unqualified financial opinions.

13. Intelligence Community Offices of Inspectors General

    The Committee considered and confirmed the appointment of 
Ms. Susan Gibson as the Inspector General of the National 
Reconnaissance Office, the first person to hold this position 
since its designation as a Senate-confirmed position in the 
Intelligence Authorization Act for Fiscal Year 2014. Committee 
staff also held briefings with the inspectors general of the 
largest IC agencies (CIA, NSA, DIA, NGA, NRO, and the IC IG). 
These discussions covered their semi-annual reports, annual 
work plans, and whistleblower protection policies. The 
Department of Defense Inspector General briefed Committee 
Members on a critical whistleblower case, and the CIA Inspector 
General testified before Committee Members on a sensitive 
issue.

14. Attorney General Guidelines for the Department of Defense

    Ensuring that all IC elements have updated Attorney General 
guidelines has been an area of ongoing Committee interest. The 
Committee reviewed and consulted with Executive Branch 
officials on Department of Defense Directive 5240.1-R, 
``Procedures Governing the Activities of Department of Defense 
Intelligence Components that Affect United States Persons,'' 
which implements the Attorney General Guidelines pursuant to 
Executive Order 12333, and which was last issued in 1982. The 
Directive was updated on August 8, 2016 and implemented in its 
Manual 5240.01, ``Procedures Governing the Conduct of 
Department of Defense Intelligence Activities.''
    Key changes included updating the definition of the term 
``collection,'' issuing guidelines for retaining and destroying 
collected information, and addressing accountability for 
special circumstances. Committee staff have continued to 
monitor the Directive's implementation to assess its impact on 
intelligence activities, if any.

15. USA FREEDOM Act

    Committee staff have monitored implementation of the USA 
FREEDOM Act (H.R. 2048, P.L. 114-23) enacted on June 2, 2015, 
particularly the modifications to the ``business records'' 
program authorized under Section 215 to ensure its continued 
effectiveness as a counterterrorism tool.

16. Foreign Intelligence Surveillance Act Amendments of 2008, Section 
        702 Semi-Annual Reports

    Section 702 of the Foreign Intelligence Surveillance Act is 
a critical intelligence tool which carries with it a 
significant oversight burden for the IC, the Department of 
Justice, and the Committee. Committee staff continued to review 
the statutorily mandated Semi-Annual Reports. Following 
production of the Reports, the Committee engaged with Executive 
Branch representatives to probe, in particular, the number of 
compliance incidents reported and to assess the authority's 
operational utility. These oversight activities play a critical 
role in helping the Committee evaluate the reauthorization of 
Section 702, which is set to expire at the end of 2017.

17. Multi-Sector Workforce

    The Committee continued to examine ways in which the IC can 
improve the management of its workforce while achieving a 
better balance between government personnel and core 
contractors. The Committee held a number of briefings resulting 
in a provision in the Committee-reported Intelligence 
Authorization Act for Fiscal Year 2017 that no longer applies 
personnel ceilings to the IC's civilian workforce. This 
approach mirrors Congress's management of civilian workforces 
in other government sectors. The Committee seeks to provide IC 
managers flexibility in striking the appropriate balance among 
civilian, military, and contractor workforce sectors, 
independent of arbitrary end-strength caps.

18. Modernizing Financial Management

    The Committee held a number of briefings regarding options 
to improve financial management of the National Intelligence 
Program. Past efforts centered on the consolidation or 
separation of National Intelligence Program accounts from 
Department of Defense accounts. The current focus is enhancing 
the IC's ability to manage resources, reach audit readiness, 
and reduce counterintelligence risks. The Committee continues 
to work with ODNI on specific proposals to achieve consensus 
among various government stakeholders.

19. Privacy and Civil Liberties Oversight Board

    The Committee held briefings on March 4, 2016, and on May 
5, 2016, with PCLOB staff members, regarding the PCLOB's then-
current classified ``deep dive'' studies on various 
intelligence programs. The Committee also engaged on the 
PCLOB's ongoing classified and unclassified study regarding 
Executive Order 12333. In addition, the briefings generally 
covered certain hiring, declassification, and notification 
issues.

20. Other Legislative Efforts

    During the 114th Congress, the Committee provided 
significant input to other legislative efforts for which the 
Committee did not have referral jurisdiction. Specifically, the 
Committee worked with Senate Judiciary Committee staff to 
protect IC equities with improvements to the Federal Bureau of 
Investigation Whistleblower Protection Enhancement Act of 2016 
(H.R. 5790), which was signed into law on December 16, 2016; 
the FOIA Improvements Act of 2016 (S. 337), which was signed 
into law on June 30, 2016; and the Judicial Redress Act (H.R. 
1428), which was signed into law on February 24, 2016. The 
Committee also worked with the Senate Homeland Security and 
Governmental Affairs Committee to protect IC equities with 
improvements to the Inspector General Empowerment Act of 2015 
(H.R. 6450, as passed), which was signed into law on December 
16, 2016. The improvements included provisions to protect 
sources and methods and other access to national security-
sensitive information.

                            IV. NOMINATIONS

    During the 114th Congress, the Committee received two 
nominations from President Obama, one of which it considered 
directly upon receipt (see below).
    Section 17 of S. Res. 400 of the 94th Congress (as amended) 
and a 2009 unanimous consent agreement govern referrals of 
nominations to the Committee. S. Res. 445, which amended S. 
Res. 400 in 2004, required all nominations to positions in the 
IC requiring the Senate's advice and consent be reported by the 
Select Committee on Intelligence, even when they are positions 
within departments that are primarily under the jurisdiction of 
other Senate committees, though the committee overseeing the 
given department or agency may hold hearings and interviews on 
the nomination. Notwithstanding that general guidance, the 
resolution directed the Assistant Attorney General for National 
Security be reported by the Judiciary Committee, but referred 
to the Select Intelligence Committee. In the wake of the 
Intelligence Authorization Act for Fiscal Year 2014, which made 
the directors and inspectors general of the NRO and the NSA 
Senate-confirmed positions, the Senate adopted S. Res. 470, 
July 7, 2014. This resolution directed that if the nominee were 
a civilian, the Intelligence Committee would report the 
nomination and refer it to the Armed Services Committee, and if 
the nominee were a member of the Armed Forces on active duty, 
the reverse.
    A unanimous consent agreement of January 7, 2009, refers 
all nominations for inspectors general to the committees of 
primary jurisdiction and then sequentially to the Senate 
Committee on Homeland Security and Governmental Affairs. Under 
this consent agreement, the nominations for the NRO and NSA 
inspectors general are thus also referred to the Homeland 
Security and Governmental Affairs Committee. The exception to 
this consent agreement is the inspector general for the CIA, 
which is handled exclusively by the Intelligence Committee.
    The following nominations were referred to the Committee 
during the 114th Congress:

   Susan S. Gibson, Inspector General of the National Reconnaissance 
                                 Office

    On April 14, 2016, the President nominated Susan S. Gibson 
to be Inspector General of the National Reconnaissance Office. 
At that time, Ms. Gibson was the Principal Deputy General 
Counsel at the Office of the Director of National Intelligence.
    After receiving Ms. Gibson's responses to the Committee's 
standard questionnaire, as well as her responses to the 
Committee's prehearing questions about her understanding of the 
duties and responsibilities of the office to which she had been 
nominated, the Committee held a nomination hearing on June 7, 
2016. Ms. Gibson's testimony and her responses to the 
Committee's questionnaire, prehearing questions, and questions 
for the record are posted on the Committee's website. Following 
the hearing, the Committee unanimously reported the nomination 
favorably on June 13, 2016. The nomination was reported to the 
Armed Services and Homeland Security and Governmental Affairs 
committees and discharged. The Senate approved the nomination 
by a vote of 93-0 on September 15, 2016.

 Shirley Woodward, Inspector General of the Central Intelligence Agency

    On June 16, 2016, the President nominated Shirley Woodward 
to be Inspector General of the Central Intelligence Agency. At 
that time, Ms. Woodward was a partner with the law firm Wilmer 
Cutler Pickering Hale and Dorr LLP, in the firm's Litigation 
and Controversy practice.
    Questions about Ms. Woodward's understanding of the duties 
and responsibilities of the office to which she had been 
nominated were prepared, and responses to the Committee's 
standard prehearing questionnaire were furnished. However, the 
Committee did not hold a nomination hearing during the 114th 
Congress.

  Robert P. Storch, Inspector General of the National Security Agency

    On November 29, 2016, the President nominated Robert P. 
Storch to serve as Inspector General of the National Security 
Agency. At that time, Mr. Storch was the Deputy Inspector 
General of the Department of Justice, and served as the 
Whistleblower Ombudsman in the Office of the Inspector General 
there, and as Chair of the Council of the Inspectors General on 
Integrity and Efficiency Whistleblower Ombudsman Working Group. 
The Committee did not act on this nomination during the 114th 
Congress.
    Subsequently, on January 4, 2017, President Obama 
renominated Mr. Storch to be Inspector General of the National 
Security Agency. The Committee received Mr. Storch's Ethics in 
Government Act submission on January 6, 2017. On February 28, 
2017, President Trump withdrew Mr. Storch's nomination.

                          V. SUPPORT TO SENATE

    Under S. Res. 400, which established the Committee in 1976, 
the Select Committee on Intelligence has an important role in 
assuring that the IC provides ``informed and timely 
intelligence necessary for the executive and legislative 
branches to make sound decisions affecting the security and 
vital interests of the Nation.'' The Committee fulfills this 
responsibility by providing access to IC information and 
officials to the U.S. Senate.
    The Committee facilitated access to intelligence 
information for senators and staff outside the Committee by 
inviting them to participate in briefings and hearings on 
issues of shared jurisdiction or interest. Further, the 
Committee provided intelligence briefings by its professional 
staff to senators outside the Committee, and assisted senators 
in resolving issues with intelligence agencies. The Committee 
also offered its expertise with regard to arms control matters, 
to include the Joint Comprehensive Plan of Action.

                              VI. APPENDIX

    A. Summary of Committee Actions

1. Number of Meetings

    During the 114th Congress, the Committee held a total of 
133 on-the-record interviews, meetings, briefings, and 
hearings, and numerous off-the-record briefings. There were 40 
oversight hearings, including seven hearings on the IC budget, 
and one open confirmation hearing. Of these 40 hearings, six 
were open to the public and 34 were closed to the public in 
order to protect classified information pursuant to Senate 
rules. The Committee also held 69 on-the-record briefings and 
roundtable discussions, and 14 business meetings, including 
mark-ups of legislation. Additionally, the Committee staff 
conducted nine on-the-record briefings, and numerous off-the-
record briefings.

2. Bills and Resolutions Originated by the Committee

    S. Res. 55--An original resolution authorizing expenditures 
by the Select Committee on Intelligence.
    S. 754--An original bill to improve cybersecurity in the 
United States through enhanced sharing of information about 
cybersecurity threats and for other purposes.
    S. 1705--An original bill to authorize appropriations for 
fiscal year 2016 for intelligence and intelligence-related 
activities of the United States Government, the Community 
Management Account, and the Central Intelligence Agency 
Retirement and Disability System, and for other purposes.
    S. 3017--An original bill to authorize appropriations for 
fiscal year 2017 for intelligence and intelligence-related 
activities of the United States Government, the Community 
Management Account, and the Central Intelligence Agency 
Retirement and Disability System, and for other purposes.

3. Bills Referred to the Committee

    S. 794--A bill to extend whistleblower protections for 
defense contractor employees to employees of contractors of the 
elements of the IC.
    S. 1471--A bill to require declassification of certain 
redacted information from the Joint Inquiry into Intelligence 
Community Activities Before and After the Terrorist Attacks of 
September 2001 and for other purposes.
    S. 2239--A bill to restrict funds related to escalating 
United States military involvement in Syria.
    H.R. 2596--A bill to authorize appropriations for fiscal 
year 2016 for intelligence and intelligence-related activities 
of the United States Government, the Community Management 
Account, and the Central Intelligence Agency Retirement and 
Disability System, and for other purposes.
    H.R. 4239--A bill to require IC reporting on foreign 
fighter flows to and from terrorist safe havens abroad and for 
other purposes.
    H.R. 5077--A bill to authorize appropriations for fiscal 
year 2017 for intelligence and intelligence-related activities 
of the United States Government, the Community Management 
Account, and the Central Intelligence Agency Retirement and 
Disability System, and for other purposes.

4. Committee Publications

    Report 114-8--Report of the Select Committee on 
Intelligence covering the period January 3, 2013-January 5, 
2015.
    Report 114-32--Report to accompany the Cybersecurity 
Information Sharing Act of 2015 (S. 754).
    Report 114-83--Report to accompany the Intelligence 
Authorization Act for Fiscal Year 2016 (S. 1705).
    Report 114-277--Report to accompany the Intelligence 
Authorization Act for Fiscal Year 2017 (S. 3017).