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112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-733

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



 
SEMI-ANNUAL REPORT ON THE ACTIVITY OF THE PERMANENT SELECT COMMITTEE ON 
         INTELLIGENCE FOR THE ONE HUNDRED AND TWELFTH CONGRESS

                                _______
                                

 December 28, 2012.--Committed to the Committee of the Whole House and 
                         ordered to be printed

                                _______
                                

    Mr. Rogers of Michigan, from the Permanent Select Committee on 
                 Intelligence, submitted the following

                              R E P O R T

               PERMANENT SELECT COMMITTEE ON INTELLIGENCE


                          FULL COMMITTEE LIST

C.A. DUTCH RUPPERSBERGER, Maryland,  MIKE ROGERS, Michigan,
  Ranking Member                       Chairman
MIKE THOMPSON, California            MAC THORNBERRY, Texas
JANICE SCHAKOWSKY, Illinois          SUE MYRICK, North Carolina
JAMES R. LANGEVIN, Rhode Island      JEFF MILLER, Florida
ADAM B. SCHIFF, California           K. MICHAEL CONAWAY, Texas
DAN BOREN, Oklahoma                  PETER T. KING, New York
LUIS V. GUTIERREZ, Illinois          FRANK A. LOBIONDO, New Jersey
BEN CHANDLER, Kentucky               DEVIN NUNES, California
                                     LYNN A. WESTMORELAND, Georgia
                                     MICHELE BACHMANN, Minnesota
                                     THOMAS J. ROONEY, Florida
                                     JOSEPH J. HECK, Nevada

   Michael Allen, Staff Director

                           SUBCOMMITTEE LIST


     Subcommittee on Terrorism, Human Intelligence, Analysis, and 
                          Counterintelligence

MIKE THOMPSON, California,           SUE MYRICK, North Carolina,
  Ranking Member                       Chairman
DAN BOREN, Oklahoma                  K. MICHAEL CONAWAY, Texas
LUIS V. GUTIERREZ, Illinois          PETER T. KING, New York
                                     FRANK A. LOBIONDO, New Jersey
                                     THOMAS J. ROONEY, Florida

          Subcommittee on Technical and Tactical Intelligence

ADAM B. SCHIFF, California,          JOSEPH J. HECK, Nevada,
  Ranking Member                       Chairman
JAMES R. LANGEVIN, Rhode Island      MAC THORNBERRY, Texas
BEN CHANDLER, Kentucky               FRANK LOBIONDO, New Jersey
                                     DEVIN NUNES, California
                                     MICHELE BACHMANN, Minnesota

              Subcommittee on Oversight and Investigations

JANICE SCHAKOWSKY, Illinois,         LYNN A. WESTMORELAND, Georgia,
  Ranking Member                       Chairman
MIKE THOMPSON, California            JEFF MILLER, Florida
DAN BOREN, Oklahoma                  DEVIN NUNES, California
                                     MICHELE BACHMANN, Minnesota
                                     THOMAS J. ROONEY, Florida

              JURISDICTION AND SPECIAL OVERSIGHT FUNCTION

    Clause 11(b)(1) of rule X of the Rules of the House of 
Representatives for the 112th Congress sets forth the 
jurisdiction of the Permanent Select Committee on 
Intelligence--
          (A) The Central Intelligence Agency, the Director of 
        National Intelligence, and the National Intelligence 
        Program as defined in section 3(6) of the National 
        Security Act of 1947.
          (B) Intelligence and intelligence-related activities 
        of all other departments and agencies of the 
        Government, including the tactical intelligence and 
        intelligence-related activities of the Department of 
        Defense.
          (C) The organization or reorganization of a 
        department or agency of the Government to the extent 
        that the organization or reorganization relates to a 
        function or activity involving intelligence or 
        intelligence-related activities.
          (D) Authorizations for appropriations, both direct 
        and indirect, for the following:
                  (i) The Central Intelligence Agency, the 
                Director of National Intelligence, and the 
                National Intelligence Program as defined in 
                section 3(6) of the National Security Act of 
                1947
                  (ii) Intelligence and intelligence-related 
                activities of all other departments and 
                agencies of the Government, including the 
                tactical intelligence and intelligence-related 
                activities of the Department of Defense.
                  (iii) A department, agency, subdivision, or 
                program that is a successor to an agency or 
                program named or referred to in (i) or (ii).
    Clause 3(m) of rule X of the Rules of the House of 
Representatives for the 112th Congress sets forth the Special 
Oversight Function of the Permanent Select Committee on 
Intelligence as follows--``The Permanent Select Committee on 
Intelligence shall review and study on a continuing basis laws, 
programs, and activities of the intelligence community and 
shall review and study on an exclusive basis the sources and 
methods of entities described in clause 11(b)(1)(A).''

                  LEGISLATIVE AND OVERSIGHT ACTIVITIES

    During the second half of the second session of the 112th 
Congress, 19 bills or resolutions were referred to the 
Permanent Select Committee on Intelligence. The Full Committee 
reported to the House or was discharged from the further 
consideration of 6 measures, not including conference reports. 
One measure regarding matters within the Committee's 
jurisdiction was enacted into law.
    The following is a summary of the legislative and oversight 
activities of the Permanent Select Committee on Intelligence 
during the fourth quarter of the 112th Congress. In addition, 
this report includes a summary of hearings held pursuant to 
clauses 2(n), (o), and (p) under House rule XI.

                         Legislative Activities


                             Full Committee


            FISA AMENDMENTS ACT REAUTHORIZATION ACT OF 2012

                              (H.R. 5949)

Summary

    H.R. 5949 reauthorizes for five years the FISA Amendments 
Act of 2008, which is set to expire at the end of 2012. The 
2008 Act authorized critical tools for the intelligence 
community to more quickly and effectively monitor the 
communications of foreign terrorists. Significantly, it 
provided authorities that allow the intelligence community to 
target for intelligence collection foreign persons located 
outside the United States without requiring the government to 
obtain an individualized court order. It also provided new 
civil liberties protections for Americans and, for the first 
time, required a court order to target Americans for this type 
of intelligence collection while they are located abroad.
    The Act also expanded congressional oversight with a semi-
annual report to Congress from the Administration on 
certifications or orders obtained under the Act, compliance 
reviews, and incidents of noncompliance. The Act amended a 
reporting requirement that required the Attorney General to 
submit to Congress a copy of any Foreign Intelligence 
Surveillance Court order, opinion, or decision, and the 
accompanying pleadings, briefs, and other memoranda of law when 
the court's decision includes ``significant construction or 
interpretation of any provision'' of FISA. This expands the 
amount of background and supporting material that the Committee 
receives in connection with a significant decision by the FISC. 
Prior to enactment of the FISA Amendments Act in 2008, only 
``decisions and opinions'' containing significant construction 
or interpretation of FISA were required to be submitted to 
Congress.

Legislative History

    H.R. 5949 was introduced by Representative Lamar Smith on 
June 15, 2012 and the bill was referred to the House Judiciary 
Committee and the Permanent Select Committee on Intelligence.
    On June 19, 2012 the House Judiciary Committee held a 
business meeting to consider H.R. 5949 and ordered the bill 
reported to the House, without amendment, by a recorded vote, 
23 ayes and 11 noes.
    On June 28, 2012 the Permanent Select Committee on 
Intelligence held a business meeting to consider H.R. 5949 and 
ordered the bill reported, without amendment, to the House by a 
recorded vote, 17 ayes and 0 noes.
    On August 2, 2012, the House Judiciary Committee reported 
H.R. 5949 to the House.
    On August 2, 2012, the Permanent Select Committee on 
Intelligence reported H.R. 5949 to the House.
    On September 12, 2012, the House considered H.R. 5949 and 
passed the bill by recorded vote, 301 ayes and 118 noes.

                 OVERSIGHT PLAN FOR THE 112TH CONGRESS

    Clause 1(d)(2)(E) of rule XI also requires that each 
committee provide a delineation of any hearings held pursuant 
to clauses 2(n), (o), or (p) of rule XI. Those clauses require 
the committee, or a subcommittee thereof, to hold at least one 
hearing on egregious instances of agency waste, fraud, abuse 
and mismanagement, at least one hearing on agency financial 
statements, and one hearing on issues raised by the Comptroller 
General of the United States.
    As part of the Committee's oversight and authorization of 
the intelligence community budget, the Committee conducts 
numerous classified hearings and briefings that focus on issues 
of potential waste, fraud, abuse and mismanagement in federal 
agencies. These Committee efforts result in the annual 
intelligence authorization bills. These bills contained 
detailed classified annexes on all intelligence community 
programs and budgets. A review of potential waste, fraud, 
abuse, and mismanagement within these programs is an 
inextricable part of the development of the classified annex. 
Additionally, those classified hearings and briefings resulted 
in the House passage of H.R. 5949, the FISA Amendments 
Reauthorization Act of 2012, during this quarter.

                               APPENDIX I


                       PART A--COMMITTEE REPORTS

    Reports filed with the House by the Permanent Select 
Committee on Intelligence:
    112-645--part 2: To Accompany H.R. 5949, a bill to 
reauthorize the FISA Amendments Act of 2018.

                          PART B--PUBLIC LAWS

    One bill that contained matters within the jurisdiction of 
the Permanent Select Committee on Intelligence were enacted 
into law during the fourth quarter of 112th Congress--S. 743 
the Whistleblower Protection Enhancement Act of 2012, which 
became public law 112-199 on November 27, 2012.

                PART C--COMMITTEE HEARINGS AND BRIEFINGS

    On July 9, 2012, the Full Committee held a closed briefing.
    On July 12, 2012, the Full Committee held a closed 
briefing.
    On July 17, 2012, the Full Committee held a closed 
briefing.
    On July 18, 2012, the Full Committee held a closed 
briefing.
    On July 23, 2012, the Full Committee held a closed 
briefing.
    On July 26, 2012, the Full Committee held a closed 
briefing.
    On August 1, 2012, the Subcommittee on Terrorism, HUMINT, 
Analysis and Counterintelligence held a closed briefing.
    On August 2, 2012, the Full Committee held a closed 
briefing.
    On September 10, 2012, the Full Committee held a closed 
briefing.
    On September 13, 2012, the Full Committee held an Open 
hearing on ``Investigation of the Security Threat Posed by 
Chinese Telecommunications Companies Huawei and ZTE.''
    On September 19, 2012, the Full Committee held a closed 
briefing.
    On September 20, 2012, the Full Committee held a closed 
briefing.
    On September 20, 2012, the Subcommittee on Terrorism, 
HUMINT, Analysis and Counterintelligence held a closed 
briefing.
    On November 15, 2012, the Full Committee held a closed 
business meeting to consider a Member access request.
    On November 15, 2012, the Full Committee held a closed 
hearing on ongoing intelligence activities.
    On November 27, 2012, the Full Committee held a closed 
briefing.
    On December 13, 2012, the Full Committee held a closed 
hearing on ongoing intelligence activities.
    On December 18, 2012, the Full Committee held a closed 
hearing on ongoing intelligence activities.
    On December 19, 2012, the Full Committee held a closed 
hearing on ongoing intelligence activities.
    On December 20, 2012, the Full Committee held an open and 
closed Business Meeting to consider ``Investigative Report on 
the U.S. National Security Issues Posed by Chinese 
Telecommunications Companies Huawei and ZTE.''
    On December 20, 2012, the Full Committee held a closed 
hearing on ongoing intelligence activities.