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______________________________________________________________________________ 112TH CONGRESS REPORT 1st Session SENATE 112-3 ______________________________________________________________________________ REPORT OF THE SELECT COMMITTEE ON INTELLIGENCE UNITED STATES SENATE COVERING THE PERIOD JANUARY 3, 2009 TO JANUARY 4, 2011 MARCH 17, 2011. Ordered to be printed _______ U.S. GOVERNMENT PRINTING OFFICE WASHINGTON: 2011 SELECT COMMITTEE ON INTELLIGENCE DIANNE FEINSTEIN, California, Chairman SAXBY CHAMBLISS, Georgia, Vice Chairman JOHN D. ROCKEFELLER IV, West Virginia OLYMPIA J. SNOWE, Maine RON WYDEN, Oregon RICHARD BURR, North Carolina BARBARA A. MIKULSKI, Maryland JAMES RISCH, Idaho BILL NELSON, Florida DANIEL COATS, Indiana KENT CONRAD, North Dakota ROY BLUNT, Missouri MARK UDALL, Colorado MARCO RUBIO, Florida MARK WARNER, Virginia HARRY REID, Nevada, Ex Officio Member MITCH McCONNELL, Kentucky, Ex Officio Member CARL LEVIN, Michigan, Ex Officio Member JOHN McCAIN, Arizona, Ex Officio Member DAVID GRANNIS, Staff Director MARTHA SCOTT POINDEXTER, Minority Staff Director KATHLEEN P. MCGHEE, Chief Clerk During the period covered by this report, the composition of the Select Committee on Intelligence was as follows: DIANNE FEINSTEIN, California Chairman CHRISTOPHER S. BOND, Missouri, Vice Chairman JOHN D. ROCKEFELLER IV, West Virginia ORRIN HATCH, Utah RON WYDEN, Oregon OLYMPIA J. SNOWE, Maine EVAN BAYH, Indiana SAXBY CHAMBLISS, Georgia BARBARA A. MIKULSKI, Maryland RICHARD BURR, North Carolina RUSSELL D. FEINGOLD, Wisconsin TOM COBURN, Oklahoma BILL NELSON, Florida JAMES RISCH, Idaho SHELDON WHITEHOUSE, Rhode Island HARRY REID, Nevada, Ex Officio Member MITCH McCONNELL, Kentucky, Ex Officio Member CARL LEVIN, Michigan, Ex Officio Member JOHN McCAIN, Arizona, Ex Officio Member DAVID GRANNIS, Staff Director LOUIS B. TUCKER, Minority Staff Director KATHLEEN P. MCGHEE, Chief Clerk ii PREFACE The Select Committee on Intelligence submits to the Senate this report on its activities from January 3, 2009, to January 4, 2011. This report also includes references to activities underway at the conclusion of the 111th Congress that the Committee expects to continue into the future. Under the provisions of Senate Resolution 400 of the 94th Congress, the Committee is charged with the responsibility of carrying out oversight of the programs and activities of the Intelligence Community of the United States. Most of the Committee=s oversight must be conducted in secret to protect the sources and methods used by the Intelligence Community to protect our nation‘s security. Nevertheless, the Select Committee on Intelligence has submitted activities reports since 1977, during the 95th Congress, in order to provide as much information as possible about its intelligence oversight activities to the American public consistent with national security concerns. We submit this report to the Senate in continuation of that practice. We also thank all of the members of the Committee in the 111th Congress. In particular, we acknowledge the contribution of Senator Christopher S. ―Kit‖ Bond who served on the Committee from 2003 to 2010 and was Vice Chairman during the 110th and 111th Congresses. Five other Senators who played important roles in the oversight of the Intelligence Community have also completed their service with the Committee. Senator Orrin Hatch served his second term on the Committee from 1997 to 2010 after previously serving from 1985 to 1990, making him the longest-serving member of the Committee in its history. Senator Evan Bayh served on the Committee from 2001 to 2010. Senator Russell Feingold came to the Committee in 2006 and served until 2010. Senator Sheldon Whitehouse served on the Committee during the 110th and 111th Congresses from 2007 to 2010. Senator Tom Coburn served on the Committee during the 111th Congress from 2009 to 2010. Their unique perspectives and support to a strong Intelligence Community have contributed substantially to the mission of the Committee and for that we are grateful. We also thank all the Committee=s staff during the 111th Congress whose hard work and professionalism were essential to the fulfillment of the Committee=s oversight and legislative responsibilities. DIANNE FEINSTEIN, Chairman SAXBY CHAMBLISS, Vice Chairman iii CONTENTS Preface........................................................................................................................................................ iii iii I. Introduction ..............................................................................................................................................1 II. Legislation ...............................................................................................................................................2 A. Intelligence Authorization Act for Fiscal Year 2010 ........................................................................2 B. Intelligence Authorization Act for Fiscal Year 2011 ......................................................................6 C. Extensions of Expiring FISA Authorities ......................................................................................6 D. Administration Views on Bills Referred to the Intelligence Committee ........................................7 1. Detention and Interrogation, S. 147 and S. 248 ............................................................................8 2. General Accountability Office Participation in Intelligence Community Audits and Evaluations, S. 385 ...............................................................................9 3. Security Clearance Modernization and Reporting, S. 2834 ........................................................10 4. Weapons Acquisition S. 454 .......................................................................................................10 E. Committee Views on the New START Treaty................................................................................11 F. S.Res. 600, Authorizing the Select Committee on Intelligence to Provide Documents in Unauthorized Disclosure of Classified Information Investigation and for Present and Former Employees to Testify...........................................................................12 G. Release of Declassified Narrative Describing the Department of Justice‘s Office of Legal Counsel‘s Opinions on the CIA‘s Detention and Interrogation Program ..............................12 III. Oversight Activities ...........................................................................................................................13 A. Annual Worldwide Threat Hearings .............................................................................................13 B. Cybersecurity Task Force ............................................................................................................ 14 C. Committee Reviews .................................................................................................................... 16 1. Cybersecurity ..............................................................................................................................16 2. Study of the CIA‘s Detention and Interrogation Program ..........................................................17 3. High Value Detainee Interrogation Group ..................................................................................18 4. Intelligence Issues regarding Detainees Held at U.S. Naval Station, Guantanamo Bay ............19 5. Oversight of Intelligence Community Counterterrorism Efforts ................................................20 6. Mass Shooting at Fort Hood, Texas ............................................................................................21 7. Christmas Day 2009 Attack on Northwest Airlines Flight 253 ..................................................21 8. Najibullah Zazi and David Headley ............................................................................................22 9. Faisal Shahzad ............................................................................................................................23 10. Khowst Attack ............................................................................................................................23 11. Afghanistan .................................................................................................................................23 12. Threat Finance and Financial Intelligence ..................................................................................24 13. Oversight of the Office of the Director of National Intelligence ................................................25 14. Intelligence Community Directive 402 .......................................................................................25 15. Information Sharing and Intelligence Community Directive 501 .............................................26 16. Foreign Language Requirements and Capabilities ....................................................................26 17. Education and Training ...............................................................................................................27 18. Analytic Transformation and Quality of Analysis ......................................................................27 19. Size and Apportionment of Analytic Workforce .........................................................................28 iv 20. Forward Deployment of Analysts ................................................................................................28
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