H. Rept. 113-310 - 113th Congress (2013-2014)

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House Report 113-310 - ANNUAL REPORT ON THE ACTIVITY of the HOUSE PERMANENT SELECT COMMITTEE ON INTELLIGENCE for the ONE HUNDRED AND THIRTEENTH CONGRESS

[House Report 113-310]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    113-310
_______________________________________________________________________

                                     

                                                 Union Calendar No. 228


                     ANNUAL REPORT ON THE ACTIVITY

                                 of the

            HOUSE PERMANENT SELECT COMMITTEE ON INTELLIGENCE

                                for the

                  ONE HUNDRED AND THIRTEENTH CONGRESS




 December 30, 2013.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed
                         LETTER OF TRANSMITTAL

                              ----------                              

                          House of Representatives,
                Permanent Select Committee on Intelligence,
                                 Washington, DC, December 30, 2013.
Hon. Karen Haas,
Clerk, U.S. House of Representatives,
Washington, DC.
    Dear Mrs. Haas: Pursuant to clause 1(d) of rule XI of the 
Rules of the House of Representatives for the 113th Congress, I 
present herewith a report entitled ``Annual Report on the 
Activity of the Permanent Select Committee on Intelligence, 
113th Congress.''
            Sincerely,
                                               Mike Rogers,
                                                          Chairman.
                            C O N T E N T S

                              ----------                              
                                                                   Page
Letter of Transmittal............................................   III
Membership.......................................................     1
Jurisdiction.....................................................     2
Legislative and Oversight Activities.............................     2
Oversight Plan for the 113th Congress and Implementation and 
  Hearings Held Pursuant to Clause 2(n), (o), and (p) of House 
  Rule XI........................................................     5
Appendix I--Part A: Committee Reports; Part B: Public Laws, Part 
  C: Committee Hearings & Briefings..............................     6


                                                 Union Calendar No. 228
113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    113-310

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



 
  ANNUAL REPORT ON THE ACTIVITY OF THE PERMANENT SELECT COMMITTEE ON 
        INTELLIGENCE FOR THE ONE HUNDRED AND THIRTEENTH CONGRESS

                                _______
                                

 December 30, 2013.--Committed to the Committee of the Whole House on 
            the State of the Union 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, Ranking MemberMichigan, Chairman
MIKE THOMPSON, California            MAC THORNBERRY, Texas
JANICE SCHAKOWSKY, Illinois          JEFF MILLER, Florida
JAMES R. LANGEVIN, Rhode Island      K. MICHAEL CONAWAY, Texas
ADAM B. SCHIFF, California           PETER T. KING, New York
LUIS V. GUTIERREZ, Illinois          FRANK A. LoBIONDO, New Jersey
ED PASTOR, Arizona                   DEVIN NUNES, California
JAMES A. HIMES, Connecticut          LYNN A. WESTMORELAND, Georgia
TERRI A. SEWELL, Alabama             MICHELE BACHMANN, Minnesota
                                     THOMAS J. ROONEY, Florida
                                     JOSEPH J. HECK, Nevada
                                     MIKE POMPEO, Kansas

  Darren M. Dick, Staff Director

                              ----------                              

                           SUBCOMMITTEE LIST


     Subcommittee on Terrorism, Human Intelligence, Analysis, and 
                          Counterintelligence

MIKE THOMPSON, California,           K. MICHAEL CONAWAY, Texas,
  Ranking Member                       Chairman
LUIS V. GUTIERREZ, Illinois          PETER T. KING, New York
JAMES A. HIMES, Connecticut          FRANK A. LoBIONDO, New Jersey
                                     DEVIN NUNES, California
                                     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
TERRI A. SEWELL, Alabama             FRANK LoBIONDO, New Jersey
                                     MICHELE BACHMANN, Minnesota
                                     MIKE POMPEO, Kansas

              Subcommittee on Oversight and Investigations

JANICE SCHAKOWSKY, Illinois,         LYNN A. WESTMORELAND, Georgia,
  Ranking Member                       Chairman
ED PASTOR, Arizona                   JEFF MILLER, Florida
JAMES A. HIMES, Connecticut          MICHELE BACHMANN, Minnesota
                                     THOMAS J. ROONEY, Florida
                                     MIKE POMPEO, Kansas

              JURISDICTION AND SPECIAL OVERSIGHT FUNCTION

    Clause 11(b)(1) of rule X of the Rules of the House of 
Representatives for the 113th 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 113th 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 first session of the 113th Congress, 35 bills or 
resolutions were referred to the Permanent Select Committee on 
Intelligence, 20 of which related to the Foreign Intelligence 
Surveillance Act. The Full Committee reported two measures to 
the House, not including conference reports. No measures 
regarding matters within the Committee's jurisdiction were 
enacted into law.
    The following is a summary of the legislative and oversight 
activities of the Permanent Select Committee on Intelligence 
during the first year of the 113th 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


             CYBER INTELLIGENCE SHARING AND PROTECTION ACT

                               (H.R. 624)

Summary

    Over the past year, the Committee continued its oversight 
of the advanced cyber threats facing the nation, as well as the 
ongoing efforts to protect our nation and our economy from 
these dangerous threats. The Committee focused in particular on 
the state of cyber threat information sharing between the U.S. 
government and private sector, as well as cyber information 
sharing within the private sector. The threat from advanced 
nation state cyber actors like China and Iran has only grown 
since the Committee first began its review in the 112th 
Congress. As the Committee continued its work in the 113th 
Congress, a series of high profile press revelations concerning 
Chinese government cyber economic espionage directed against 
American companies and institutions, including major 
newspapers, added urgency to our work. Further emphasis was 
added by press revelations of state-sponsored cyber distributed 
denial of service (DDoS) attacks against major American 
financial institutions.
    The Committee believes that immediate and serious action is 
necessary to stanch the bleeding of American intellectual 
capital and to better protect our national security. In 
particular, the Committee believes that the Intelligence 
Community must take immediate and decisive action to provide 
intelligence to the private sector to help it better protect 
itself. In turn, the private sector must act aggressively to 
better monitor its own systems and to share information--both 
within the private sector and with the federal government. The 
Committee recognizes that because it focused on the issues 
within its jurisdiction, this legislation does not address many 
of the other issues facing the nation with respect to 
cybersecurity. At the same time, however, the Committee firmly 
believes that this legislation is an important step in the 
effort to better protect the nation from advanced cyber threat 
actors.
    This Act enables cyber threat sharing within the private 
sector and, on a purely voluntary basis, with the government; 
all while providing strong privacy and civil liberties 
protections. Voluntary sharing of cyber threat information like 
network vulnerabilities, efforts to gain unauthorized network 
access, and denial of service attacks helps improve the 
government's ability to protect against foreign cyber threats. 
Voluntary sharing also gives our intelligence agencies tips and 
leads to help them find advanced foreign cyber hackers 
overseas. This in turn allows the government to provide even 
better cyber threat intelligence back to the private sector to 
help it protect itself. The Act also provides the government 
clear authority to grant security clearances to the employees 
of private sector companies for cybersecurity threat sharing 
and to share classified cyber threat information with those 
companies.

Legislative History

    H.R. 624 was introduced by Chairman Mike Rogers on February 
13, 2013, and referred to the Permanent Select Committee on 
Intelligence.
    On April 15, 2013, the Permanent Select Committee on 
Intelligence held a business meeting to consider H.R. 624 and 
ordered the bill reported to the House, as amended, by a 
recorded vote, 18 ayes and 2 noes.
    On April 16, 2013, the Permanent Select Committee on 
Intelligence reported H.R. 624 to the House.
    On April 18, 2013, the House considered H.R. 624 and passed 
the bill by recorded vote, 288 ayes and 127 noes.

          INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2014

                              (H.R. 3381)

Summary

    The annual intelligence authorization bill funds all U.S. 
intelligence activities, spanning 16 separate agencies. It 
provides authorization for critical national security 
functions, including: CIA personnel and their activities 
worldwide; tactical intelligence support to combat units in 
Afghanistan; NSA's electronic surveillance and cyber defense; 
global monitoring of foreign militaries, weapons tests, and 
arms control treaties, including use of satellites and radars; 
real-time analysis and reporting on political and economic 
events, such as current events in the Middle East; and research 
and technology to maintain the country's technological edge, 
including work on code breaking, listening devices, and 
reconnaissance satellites.
    The Fiscal Year 2014 authorization bill is a critical tool 
for oversight of the Intelligence Community. For too many 
years, intelligence authorization negotiations were the victim 
of partisan infighting and turf battles. Over the past two and 
a half years, however, Congress broke out of that logjam by 
passing three intelligence authorization bills that the 
President signed into law. The Fiscal Year 2014 bill follows in 
the path of those three bills to provide the Intelligence 
Community the resources it needs to accomplish its demanding 
mission of securing and defending America.

Legislative History

    H.R. 3381 was introduced by Chairman Mike Rogers on October 
30, 2013, and referred to the Permanent Select Committee on 
Intelligence.
    On November 21, 2013, the Permanent Select Committee on 
Intelligence held a business meeting to consider H.R. 3381 and 
ordered the bill reported to the House, as amended, by a voice 
vote.
    On November 25, 2013, the Permanent Select Committee on 
Intelligence reported H.R. 3381 to the House.

                 OVERSIGHT PLAN FOR THE 113TH 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 programs that, according to 
reports issued by the Comptroller General of the United States, 
are at high risk for waste, fraud, and mismanagement.
    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 bill. That bill contains a detailed 
classified annex 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.
    The Committee also conducted an extensive review of the 
September 11, 2012, attacks in Benghazi, Libya, that resulted 
in the deaths of four Americans. Specifically, the Committee 
held numerous hearings with CIA, DOD, and DNI officials to 
inquire into the intelligence warnings and intelligence 
activities in eastern Libya prior to the attacks, the events on 
the ground during the attacks, the fallout after the attacks, 
and the Government's continued efforts to find the attackers. 
The Committee has interviewed nine eyewitnesses who were in 
Benghazi during the attacks and submitted document requests and 
questions for the record to the CIA to clarify the timeline of 
events and understand fully the activities of the Intelligence 
Community before and during the attacks. Further, the Committee 
has sought all available information to determine whether any 
pressure or threats of retaliation were made against 
intelligence professionals to persuade them against speaking to 
members of Congress. The Committee has reviewed thousands of 
pages of documents, including emails from the night of attack, 
and hundreds of intelligence assessments. The Committee has 
also compared on-the-record testimony with the Intelligence 
Information Reports (IIRs) produced from FBI interviews of the 
eyewitnesses. The Committee's oversight over the attacks in 
Benghazi will continue until the terrorists who killed four 
brave Americans are brought to justice.
    NSA programs were another area of the Committee's focus 
this year. The Committee reviews NSA programs on a continuing 
basis to ensure that NSA provides effective signals 
intelligence support against foreign intelligence targets, all 
while respecting Americans' privacy and civil liberties. 
Between June and December 2013, Committee Members participated 
in 23 oversight events, both formal and informal, with the NSA, 
and Committee staff participated in an additional 35 oversight 
events.

                               APPENDIX I


                       PART A--COMMITTEE REPORTS

    Reports filed with the House by the Permanent Select 
Committee on Intelligence:
    113-39: To Accompany H.R. 624, the Cyber Intelligence 
Sharing and Protection Act.
    113-277: To Accompany H.R. 3381, the Intelligence 
Authorization Act for Fiscal Year 2014.

                          PART B--PUBLIC LAWS

    No bills that contained matters within the jurisdiction of 
the Permanent Select Committee on Intelligence were enacted 
into law during the first session of the 113th Congress.

                PART C--COMMITTEE HEARINGS AND BRIEFINGS

    On January 14, 2013, the Full Committee held a closed 
briefing.
    On January 23, 2013, the Full Committee held a closed 
briefing.
    On February 4, 2013, the Full Committee held a closed 
briefing.
    On February 13, 2013, the Full Committee held a closed 
business meeting.
    On February 14, 2013, the Full Committee held an open 
hearing on cyber threats.
    On February 25, 2013, the Full Committee held a closed 
briefing.
    On February 28, 2013, the Full Committee held a closed 
briefing.
    On March 4, 2013, the Full Committee held a closed 
briefing.
    On March 12, 2013, the Full Committee held a closed 
briefing.
    On March 14, 2013, the Full Committee held a closed 
business meeting and a closed hearing.
    On March 18, 2013, the Full Committee held a closed 
briefing.
    On March 19, 2013, the Full Committee held two closed 
briefings.
    On March 21, 2013, the Full Committee held a closed 
hearing.
    On April 10, 2013, the Full Committee held an open and 
closed business meeting.
    On April 11, 2013, the Full Committee held an open hearing 
on worldwide threats.
    On April 15, 2013, the Full Committee held a closed 
hearing.
    On April 23, 2013, the Full Committee held a closed 
hearing.
    On April 24, 2013, the Full Committee held two closed 
briefings.
    On April 25, 2013, the Full Committee held a closed 
hearing.
    On May 6, 2013, the Full Committee held a closed hearing.
    On May 16, 2013, the Full Committee held a closed hearing.
    On May 20, 2013, the Full Committee held a closed briefing.
    On May 22, 2013, the Full Committee held two closed 
hearings.
    On May 23, 2013, the Full Committee held a closed hearing.
    On June 3, 2013, the Full Committee held a closed briefing.
    On June 6, 2013, the Full Committee held a closed briefing 
and a closed hearing.
    On June 12, 2013, the Full Committee held a closed 
briefing.
    On June 13, 2013, the Full Committee held a closed hearing.
    On June 14, 2013, the Full Committee held a closed hearing.
    On June 17, 2013, the Full Committee held a closed 
briefing.
    On June 18, 2013, the Full Committee held an open hearing 
on NSA programs.
    On June 20, 2013, the Full Committee held a closed 
briefing.
    On June 25, 2013, the Full Committee held a closed 
briefing.
    On June 27, 2013, the Full Committee held a closed 
briefing.
    On June 14, 2013, the Full Committee held a closed hearing.
    On July 8, 2013, the Full Committee held a closed hearing.
    On July 9, 2013, the Subcommittee on Terrorism, HUMINT, 
Analysis, and Counterintelligence held a closed briefing.
    On July 11, 2013, the Full Committee held a closed 
briefing.
    On July 16, 2013, the Full Committee held a closed 
briefing.
    On July 17, 2013, the Subcommittee on Terrorism, HUMINT, 
Analysis, and Counterintelligence held a closed briefing.
    On July 18, 2013, the Full Committee held a closed business 
meeting and a closed hearing.
    On July 19, 2013, the Subcommittee on Terrorism, HUMINT, 
Analysis, and Counterintelligence held a closed hearing.
    On July 22, 2013, the Full Committee held a closed 
briefing.
    On July 25, 2013, the Full Committee held a closed hearing.
    On July 30, 2013, the Full Committee held a closed 
briefing.
    On September 9, 2013, the Full Committee held a closed 
joint briefing with the House Armed Services Committee.
    On September 12, 2013, the Full Committee held a closed 
briefing.
    On September 17, 2013, the Full Committee held a closed 
briefing.
    On September 19, 2013, the Full Committee held a closed 
hearing.
    On September 20, 2013, the Subcommittee on Technical and 
Tactical Intelligence held a closed briefing.
    On September 30, 2013, the Full Committee held a closed 
briefing.
    On October 16, 2013, the Full Committee held an open 
business meeting to consider Member access requests.
    On October 22, 2013, the Full Committee held a closed 
briefing.
    On October 28, 2013, the Full Committee held a closed 
briefing.
    On October 29, 2013, the Full Committee held an open 
hearing on NSA programs.
    On October 30, 2013, the Subcommittee on Technical and 
Tactical Intelligence held a closed briefing.
    On November 12, 2013, the Full Committee held a closed 
briefing.
    On November 13, 2013, the Subcommittee on Oversight and 
Investigations held a closed briefing.
    On November 14, 2013, the Subcommittee on Oversight and 
Investigations held a closed briefing.
    On November 18, 2013, the Full Committee held a closed 
briefing.
    On November 19, 2013, the Full Committee held a closed 
briefing.
    On November 19, 2013, the Subcommittee on Technical and 
Tactical Intelligence held a closed briefing.
    On November 21, 2013, the Full Committee held a closed 
business meeting.
    On December 2, 2013, the Full Committee held a closed 
briefing.
    On December 3, 2013, the Subcommittee on Oversight and 
Investigations held a closed briefing.
    On December 11, 2013, the Subcommittee on Technical and 
Tactical Intelligence held a closed briefing.
    On December 12, 2013, the Full Committee held a closed 
hearing.