The confirmation hearing to head the office of director of National Intelligence testified before the Senate Intelligence committee. This is just over two hours. Calling the hearing to order i would like to welcome the witness today, the nominee to be the director of National Intelligence. Congratulations on your nomination and welcome back. Im sure you didnt expect to be walking the halls so soon after your retirement and i would also like to welcome back your wife and my good friend and i want to thank her for her support of you and willingness to share with the rest of the country. Ive seen firsthand the strength of the relationship you so thoughtfully described for the record. The goal is to enable the committees qualifications and allow for thoughtful deliberation of the members who already provided responses to 148 questions presented by the committee and its members. Today of course members will ask questions and hear from the senator in both open and closed sessions. He comes to us with 34 years of Honorable Service in the house, senate and as an ambassador to germany. We are facing threats from state and nonstate actors alike and engaged in dr right and lawful. I expect he would b would expeca forceful advocate in those discussions by a maintaining an unwavering respect for rule of law. I have complete trust to lead the community with integrity and ensure the enterprise operates ethically and morally. They are participating terrorist threats and mitigating Cyber Attacks while safeguarding the privacy and Civil Liberties of the American People. Simply put it is essentially the congress authorizing the authorities to help keep the country safe while protecting the constitutional rights. I look forward to working with you and colleagues to reauthorize as soon as possible. Ive known for many years. It is a unique experience that make you a natural fit to lead the Intelligence Community. As mentioned in the directors nomination i can assure you the committee will continue to follow the vigorous and realtime oversight over the Intelligence Community. Its operations and its activities. Activities. We will ask difficult questions for you, your staff and expect honest and complete timely responses. I want to thank you for being here for the years of service to the country. I look forward to your testimony and i both recognize the vicechairman for any comments that he might make. Congratulations to your nominations as the fifth director of the National Intelligence but we welcome the chairmans comments. The only thing i may hold against you is what you brought along. Senator coats is wellknown to the kennedy and served as a Senior Member of the committee for many years and has been an advocate for the oversight of the Intelligence Community throughout his tenure. He firmly believes in the value of intelligence and the importance of its timely relevant and absolutely free political influence. As the nations chief intelligence officer, your job will be to find and follow the truth regardless of where it leads. It comes down to the obligation we all talked about in this tals committee and we served together. Tell truth to power to the president , the policy, the leaders and executive branch, members of congress maintaining your integrity and independence even in the face of political pressure is an absolute requirement in this position. The job for which youve been nominated as many rewards and even more challenges. You will be expected to lead the enterprise as we talk about 17 diverse intelligence agencies and in some areas you will have authority to direct actions as we know in most areas theyve convinced rather than direct authority to serve as the top intelligence officer, to coordinate and integrate the two lead of the work to enhance the effectiveness at the enterprise and to ensure the integrity of the product. I know you are up to the challenge and in my Opening Statement, one of the first challenges i will ask you to take on is to support our efforts to understand the interference in the 2016 president ial election. We are also looking into whether any individuals associated in the campaigns and appropriately engaged with officials of the russian government and we will seek to determine what the intentions of those interactions were. We take this matter very seriously. The chair man and i as well as members on both sides of the aisle made commitments that the investigation will not be pretty judged and the committee will follow wherever the information leads. We need to get it right. This investigation will remain bipartisan and seek to be as transparent as possible. Including interference from the white house. I will not accept any process that is undermined by such political interference. This inquiry will be thorough and exhaustive because at the end of the day with the most is answers to the American Public. You know how important this is. Its not about being a democrat or republican or about reality dating the election. Its about the core values and the sanctity all americans hold so dear. Our plan is to review the finished intelligence and understand how they made their conclusions on russian interference. I will ask you again today to commit to all members of the committee you will direct all of the agencies to provide all the information we would require to make sure we get it right. We had a good conversation a few weeks ago. I very much appreciated the conversation and you assured me there that you would not support the return of waterboarding or other socalled intense Interrogation Practices nor are we establishing the sites operated and you assured me he would present to the cabinet and advisors and congress the facts as represented by the best Community Letter that analysis is in agreement or disagreement with the views of the president or anyone else. Again, i will ask you today to reaffirm those commitments you made to me and the American Public. Finally if confirmed and i look forward to supporting you. The times has denigrated the work of the community. To have a very Important Role to make sure that the brave men and women that serve us often and anonymity that he will make sure the morale of the brave men and women is increased and respect respected. I look forward to working with the chair man as we go through the hearing. My good friend Saxby Chambliss will be introducing senator coats. Turn on the microphone. I know its been a long time since youve been here. When i was in the Senate Somebody did all this for me. Ive had to adjust to a lot of things like that. It is good to be back in front of so many friends on the committee and im happy to tell you im glad to be on this side today. If friend, dan coates has been nominated by President Trump to be the fifth director of National Intelligence. S. 2465 was introduced by senator rockefeller and bob graham on the 19th of june, 2002. Then after two and a half years of discussion and debate, but terrorism prevention act of 2004 was passed overwhelmingly by both the house and senate. That created the director of National Intelligence and placed them at the head of the 16 member of the intelligence agencies. They were charged with directing and overseeing the National Intelligence program and to serve as an advisor to the president and executive offices of the National Security council and homeland Security Council about Intelligence Matters related to the security of the United States. Today i understand they have somewhere around 2,000 employees that support the program of some 53 billion. Some have recently questioned the structure and effectiveness and perhaps after 12 years of the creation of a new agency a review is in order but theres one thing that cannot be overlooked and that is from the commitment by the dedicated employees and good oversight of this Committee Gave led intelligence to its customers that prevented another largescale attack on u. S. Soil. We all know the world is a more dangerous place and bad guys are greater in number and more sophisticated i than their operations than ever before us the strong leadership is more important today than ever before. No one is better suited. He was a customer and as a longtime member of the committee, he participated in conduct an extensive oversight. Now he will be providing the intelligence that is to be subjected in that oversight. His experience prepares him for these roles. I traveled the world with dan coates many times for the allies as well as World Leaders and we all know they are friendly and easygoing and weve had the opportunity to be very firm and direct with the individuals that we visited and doing so in a very professional manner. Hes been in Public Service since 1976 when he was the district director for the then congressman dan quayle and served in the house of representatives, the senate and the ambassador to germany and then again in the u. S. Senate. Now after that remarkable 40 year career, he is willing to continue to serve his country. Last, let me say that a lot of strength comes from the constant support hes received from his lovely wife. Using a little sports nomenclature we get good intelligence from time to time and one piece of intelligence i picked up on about dan is that hes a huge chicago cubs fan. One other thing i found out is the day after he and marcia were married he took her to a cubs game and his marriage still survived. [laughter] it is my pleasure to introduce senator dan coats and i would urge you all to send the nomination to the floor of the Senate Quickly to confirm him as the new director of National Intelligence. Thank you mr. Chairman. If you could stand please and raise your right hand. Do you solemnly swear to give the committee the whole truth and nothing but the truth so help you god . Please be seated. Before we move to your statement i would like to ask you to answer five questions that are standard for the committee and the post of each nominee that appears before us that requires simple yes or no answer for the record. Do you agree to appear before the committee and other venues when invited and if confirmed to you agree to send officials to the office to appear before the committee and designated staff when invited . Do you agree to provide documents or any other material requested by the committee in order for us to carry out the oversight and legislative responsibilities . Yes. Will you ensure they will provide such when requested . Do you agree in the fullest extent possible all members of the intelligence of intelligence activities and covert actions rather than only the chair and vice chair where appropriate . Yes. We will now proceed to the Opening Statement. You are recognized. I have remarks thinking saxby who has to leave and im going to jump ahead of my written remarks just to thank him, a great friend and someone that i had the pleasure of serving under this committee. Being willing to come today and make remarks on my behalf. Chairman, members of the committee, im honored to appear before you as the nominee for the position of director of nationadirector ofnational inte. Its a great privilege to have served on the Senate Select committee on intelligence and to see up close the great work done by all the members of the staff and their supporters. In my days sitting together saying im glad thats not me, here i am. I would like to begin by thanking him for nominating me to be the director and im humbled by his confidence in me and we will work tirelessly for the finest intelligence. I would also like to thank Vice President and by indiana colleague and someone im honored to call my friend for his support. I deeply appreciate his faith in me. I would also like to acknowledge the work of the previous jim clapper and his deputy, the stewardship of the committee in the past years has been commendable and the guidance and helping me prepare for this has been most helpful. They left in place and experience in the team that has been instrumental in providing a smooth transition. Also i want to recognize my fellow hoosiers that have elected me for several times into the United States senate over the past years. Ive done my best to represent them and im honored by the confidence that theyve put in time and time again. While i will always be a hoosier at heart, i will represent the dedicated men and women in the office of the director of National Intelligence and the broad Intelligence Committee to the best of my ability. And finally, saving the best for last i would like to thank my wife, my children here today to gegive her my three children hae produced according to my observation ten almost perfect grandchildren. My career in Public Service as a direct reflection of my familys support and love. As the u. S. Ambassador to germany i was ready to make a transition to move on to onto w chapter of my lifelong journey back home again to indiana. It doesnt always work out the way that you think it is going to work out. As a former teacher and therapist, marcia understands the probably better than anybody and the importance of Public Service. She is the rock that provides stability and counsel shoulder to shoulder with me in every aspect of my life and while im no longer retiring from Public Service, what ibm retiring as i sit here today is my policy hat i wear proudly as they represent the views of my constituents and offer policy proposals, judgments and cast votes in the committee and on the floor. That will be replaced but if confirmed, i put on a new hat and just as this government transitions to the new leadership i hope to transition to the role of the principal intelligence advisor to the president and all of the duties that come with it. In this role would be my responsibility to present the president s senior policymakers isenior policymakers inthe admie congress with the best and most objective nonpolitical and timely intelligence as you consider policies in the future for the greek nation. The president and i have personally discussed my potential role as the principal intelligence advisor and we both recognizerecognize that this pos frequently the bearer of unpleasant news but if confirmed, my responsible would be to provide the most accurate and objective and political intelligence possible. In my conversations with many of you prior to the hearing i was asked about how i see the larger role of the dni. Those that kno know know the ref this, im an avid sports fan and this past year as i celebrated the seemingly impossible accomplishment of the chicago cubs after 108 years of effort in the world series. Allow me to compare my role. Its relative to the number of agencies and asked the coach for offense and defense and special teams and the offens the offensn defense of wine and quarterback and on and on it goes. But every team has a head coach and the leader that walks the sidelines on how to do their specific job pools each of the specialists together to form a team. I see the role is analogous to the Intelligence Committee integrating the work and all the expertise and the community. We have an immense talent in the agencys. Each one contributes unique capabilities or expertise necessary for a team to be successful. Access to the sources and the Detailed Analysis of the Central Intelligence agency the important input from the defense Intelligence Agency and the expertise of the National Security agency that i believe is second to none. The spatial mastery demonstrated by the geospatial Intelligence Agency, the acquisition proficiency of the satellite specialists at the National Reconnaissance office, the force multiplier, the intelligence the womans in this team effort, the domestic counterterrorism elements in the bureau of investigation and the specialist skills of the elements in the department of state treasury justice, Homeland Security and energy. Like a head coach, i see it as my job to pull the team members together under the same game plan to produce the best coordinated and integrated intelligence we can find. To make it greater in the parts and given the complicated threat environment that we face today in the country and around the world, now more than ever they must work as a team. The threats we face today are more challenging, dynamic and diffuse than ever before. Allow me to address in no particular order of the most challenging issues we currently face and i can spend a lot of time on this, so i will abbreviate and talk about just a few. The rising Cyber Threats must be highlighted. Its both a resource and a liability. Increasingly interconnected world with tremendous opportunities. But also, many vulnerabilities. Not unrelated i would also highlight the threat of radical islamic terrorism which continues to be a significant threat to the United States and its allies abroad spreading the message against cyberspace and against the selfdescribed caliphate. The continued regional activism including its disputed the claims in eastern south china seas is troubling and it will be a longterm challenge for the state. The assertiveness and Global Affairs is something i look upon with grave concern. Which we need to address with eyes wide open in the healthy degree of skepticism. In north Koreas Nuclear ambitions and quite frankly publications, its something the Intelligence Community needs to be laser focused on. The list continues with a diverse set of challenges including those in iran, syria, afghanistan and other hotspots around the world in order to address the threats i will bring my years of experience in how to execute on a plan and bring together teams of people for a common goal. As the ambassador to germany from 2001 to 2005, i oversaw a the activity of more than a dozen federal agencies of the american embassy. I trust that my experience is integrating the different departments and agencies overseeing the activities, leveraging the strength and bringing them together under a single strategy will serve me well as the dni. As a member of congress in both the house and senate ive always had a keen interest as hopefully you know ensuring we are stewards of taxpayer dollars. Evaluating federal programs i always made it a point to ask questions about what works and what doesnt and why. Its also how to establish priorities. We must ask ourselves in a time of tight budgets, what programs are truly essential and what may be no longer necessary or a low priority. How do they support the overall goal or strategy, and is it duplicate of another effort i will be asking these if confirmed in the dni. In the efficiency theres been much discussion about the role and the office. Let me share what ive learned in preparation for this opportunity. Over the past 12 years since its inception, they have been tasked with a variety of responsibilities and statutes many in statutes and executive orders and president ial memoranda along the recommendations coming from the 9 19 11 commission and the Silberman Robb commission. The people supporting these directives are hardworking folks from all across the icy and theyve noted a significant portions of the workforce on rotation. As you know also an organization of 750 people created by the law enacted in 2005 is counted in november that we have which is less than 2,000 less than one third of the number of band members for the armed services. By the age to agencies in the womens people that are supporting these directives are hardworking folks from all across. We bring together, and across the community to integrate intelligence and they do their best to connect the dots. Not just specific from the agencies and specialties, but in keeping with my earlier football and a veggie, you cannot play a complete game with just a star quarterback and wide receiver. Maybe the new york patriots could pull that off but i dont think it happens. But even they need a strong defensive line and special teams and a talented place kicker along with others to be the best in the business. Not every player on the Football Team is going to be the mvp but they are a team nonetheless and play a critical role. When we succeed, we succeed as a team and if we come up short, we failed as a team as i look at the office reflected in the various laws and the recommendations, ive been impressed by the offices responsiveness to these tasks in the resources that they have. The commentary doesnt mesh with what i have seen firsthand, and i believe that it does a disservice to the committee in your efforts to keep the size in check which is your obligation and mine. That said as i discussed earlier i believe every agency must review its operations and i will be taking a look at not only the office of the odni that the entire to see how we can do things more efficiently and effectively. We dont have a choice. Much has been made about the role of the intelligence enterprise and how it will fare in the future. I am encouraged by what i see. I know that we will continue as the worldclass intelligence enterprise that it is today. Before going to questions let me share that early goal but if confirmed ipo share. I intend to push them to be the best they can and cannot accept the statunot accept thestatus q. I intend to ask them to be innovative in its approach to the hard problems and solutions to solve them. I intend to be a sham the men and women to be there for them the way that they were here for all of us. Every day the men and women are working tirelessly on the front lines often in the shadows and often times in very dangerous situations with a common goal of keeping america safe and secure. I also intend to work with all of you the former members of the committee to assure you they have the support it needs to tackle the teams and to assure the congress and the committee have access to the information you need to conduct the responsibilities. Im honored by the opportunity to be here today and thank you for your consideration of the nomination. Where do i look forward to answering questions. I would recognize the members ended order of the fiveminute round and we will have a followup round for members timing of logo to a close hearing for whateve whatever pud thats my take and that would be in our normal hearing room. With that, let me recognize myself for five minutes. She was excited and you were excited. Now you have agreed to do a job that many call thankless. Why . Spinet ive been asked that many times into the response always comes down to a sense of duty. When asked to serve the country whether it was in uniform which i did for two years or whether it was in the congress or as the ambassador to run for the senate again after quite a hiatus and then to say yes to this job i was reminded of the phrase that runs through my mind and i dreamt and believe that life is a duty and that is what i was looking forward to. I believe when you were asked to serve your country, the answer needed to be yes. I know you understand your experience on the committee but valuable intelligence to the oversight process. If asked by the committee would you provide the finished product assessments . We would provide what the committee needs to do to do its oversight properly. I noticed in your statement that you highlighted, and i quote acquisition proficiency of our satellite specialists at the National Reconnaissance office. Im sure you probably agree the Requirement Development process for the satellite is in need of significant reform. Will you worwill you work with e to ensure we can quickly get to the design build and launch phase . Agility is important this time in the rapid technological change. We see now h now and within nats have the capacity to launch into space. I was shocked to read one rocket launch deposited more than 100 satellites in space. They may be small in size with different functions but one can set up i think it was 111 platforms. We cannot afford to be behind the curve in terms of development of both of the the offensive and defensive capacities of what we put up into space. Streamlining that acquisition process isnt something that should be done. Theres been much discussion about the role of the Central Intelligence agency and the terrorist suspects as a part of the program. Those detention facilities have long been closed and president obama officially ended the program seven years ago. I think the debate has been confused and i am certain that the wall is now clear. Do you agree that it would require a change for the cia or any Government Agency to deploy any interrogation technique is . That is the wall and i would note for the committee when that vote came up in the amendment, i was one of the few that didnt support that amendment. First of all, i absolutely will follow the law in every aspect regardless of my personal thoughts may be. And i only had one reservations i just couldnt reconcile in my mind. I did and voted no because i didnt think that is where we needed to go. I thought we ought to at least have a discussion about what do you do in a situation when you have the necessary intelligence to know something terrible is going to happen to the American People in the short amount of ae and you have to legitimate individual who can tell you where that biological material is if you dont have time to go through the process. I not saying, i took off my policy has and im no longer engaged in it. I follow the law and i ensure that theam surethat they followe answer to your question but i do think that its worth the discussion that might occur where we have to have special authority to go outside of that. I dont have the prescription for that, im not going to advocate for that. I am trying to simply define what was going through my mind when that commitment came up and we needed more discussion on that. That was at the policy side. You noted in the statement that there was in the approach to hard problems and i just want to say as you know weve been pushing the community to innovate for many years. To change the community that looks for work and innovation as an opportunity as have many on this committee turned to the vice chairman. Thank you mr. Chairman. Let me echo what the chairman said that the oversight capacity. I think that you were a part of the numerous debates and we have to make changes in that field and recognized as you point out the other nations moving with tremendous opportunities in the commercial space. I do want to mention in my Opening Statement to get you back on the rack or on a couple of items that are terribly important. I want to start again with an issue of great importance to me and the committee. That is the current investigation in the attempts. Do you promise to fully cooperate with the committees investigation of the russian hacking including by turning over tables, intelligence products and other materials to the committee as promptly as possible . Yes psyching thises it is an issue and rationale has day history of propaganda of what is happening is europe now is the speaker but they seemed to step up their game cannot produce these sophisticated so to understand fully what has happened to me sure that the icy produces access selected a appreciate that. One of the functions that you would have to coordinate to make sure that you speak truth to power. To have a remarkable background or with the professional career diplomat. So how you injured Intelligence Community continues to to provide. That is our responsibility to make sure the Intelligence Community knows exactly or standards someone to make it very clear that our job is to do our job is so speak truth to those so i will not tolerate anything falling short of that standard. So in terms of the u. S. Field manual under interrogation by want 2. 0 that every day in one form or another the military deals with some form or another known as a ticking time bomb. And would not stray from the Army Field Manual because of that enhanced interrogation. In with the efforts to reach change that law. I have no other obligation except to follow though law and the senator who has been subject to this. And general mattis with his years of experience i respect both of those but the goal is clear and belloc is clear that is of prime responsibility. Get overly have any questions for you i know where your Decision Making is like. And i have absolute confidence so thanks to marcia choo agreed we can do this job america appreciates it. Thank you for your willingness to do that. I have been sitting here laugh laugh select that this senator rubio stair now chair now. Now he movie showing up. Theyre remodeling your office next to mine of issue had not left. It is good to see my former finance Committee Partner of back and all of references the bid will talk about that on another time Intelligence Community with Vladimir Putin and the russian government to develop a clear preference for president elect trump given prunes preference how will you actually show our allies that the Intelligence Community will support them in Fair Elections could. And use more sophisticated tactics also to have eight classified version that actually they did try to influence so to inform our allies so the chance parents a of what has happened and of the American People to make judgments with those outside forces adducing this is an issue when there needs to be a response so there needs to be consequences. What i hope we will see that the concerns of a will make intelligence of the country a priority. Ink that has already been done. The reauthorization of section one 02 of the surveillance tactics your top legislative priority. For years asking for an estimate of how many innocent lawabiding americans are being swept up in the selection do you commit to get this number to the committee before reauthorization . In my guess i do i will do everything i can i have been told it is an extremely complex process so i need to learn what they are and to share the need in wish to make at judgment then has provided significant intelligence for those agents that are individuals all three levels of government. But this is something they do have to make sure they have all the information that you need that congress decides to make. So will you commit to declassify any interpretation. And it is something we will continue to work to try to give you that the emperor. What are the complications to get that number . If did say classification but that the classification process to have negative consequences for the needed purpose. And ira appreciate that we sought to that for years and years more and more americans are caught up with the search going after foreign targets that are a threat with the telecommunications with globally integrated more and more of lawabiding americans they needed declassification. Welcome back senator coats. As with the former senator lieberman to create the director of National Intelligence to have face special interest in your nomination, because and i do believe to make a better choice. Into serve as the of law provides as the principal intelligences fires third to the president. But the president is changing the composition on the National Security council with the chief strategist with the director of National Intelligence. Hard to fill the statutory mandate concern with the National SecurityCouncil Meeting with the reorganization comes forward that is what i have been addressing with the president directly. And with that committee and with the president bush to administration sowed to take language from that. As i have heard time and time again and to be expected. For them to be in the position and i have great confidence to be the most Effective Team but the then to have confidence. That is very reassuring as not to have that Principles Committee of the law highest level that the deputies could not resolve. Into have the of president. Im sure that was the intent with the mischaracterization. The second issue that President Trump has a private equity firm to leave de broad review of the u. S. Intelligence agencies. As far as i can sit tell does not have National Security experience nor does he appear to have experience in intelligence. As you are aware the president can already received independent advice from the Advisory Board which can provide outside advice regarding a full range of intelligence activity. Such a have that additional review particularly from the individual that does not have that background appears to be the textbook definition of waste and duplication. In your statement you talked eloquently of the responsibility the dien nine has the responsibility to come together to Work Together efficiently. My concern is the outside review is the of recommendations that is the armchair quarterback from the leadership of the Intelligence Community can indeed you view that says your job to review the operations of the Intelligence Committee. I do and also the president and is of pfizers clearly as i said in reOpening Statement so at a time when Budget Resources are restrained they are streamlined to efficiency. And i make that very clear. I know mr. Feinberg personally to is a patriot and he brings many talents to that that translates into reporting into the white house to not be under the control excuse me interNational Security office so i just want to assure you that is an issue right of bed and engaged in and i have full confidence. Thanks very much i wish you the best. I want to you go back and most of us agreed with the analysis we were concerned that sometimes the defensive coordinator like mr. Feinberg of cerberus or the cia to the committees they opened a lot of questions how you will make that the infrastructure appears so well after we realize that does not help National Security per car want to make sure in understand what you said to senator collins. Do i am understand that the executive order that k. Mount came out was the executive order that did not reflect current law . I had no participation of that. That is why a understanding but what has been told tuesday the intent is that they reassured me very quickly that they were thinking location to deal with something that does not have the intelligence. We do want to be reassured. And what these executive orders that have been given but let me move want to another issue with regard to encryption is this something you will have to deal with and that is called a conditional to the future that is absolutely essentials to say i am not double lever and back doors idol date that is realistic idol think that is technically accurate so they have all made public statements of strong support that unequivocal opposition that is inherent to them. And for the American Public and private sectors from hackers or criminals . Odyssey with the government and entities and the attempts to break into the system for the financial lobbies sources so that has a positive effect. We also have the response ability of trying to understand of not using the internet. We used to be separated and then to cause incredible damage to and there are those occasions we need to think about when we have Legal Authority to address the situation to get cooperation from the Public Sector that needs to continue that day are making devices and they worry about their families and communities. I am not in the policy position but i do think there needs to be an ongoing discussion about which the goal authorities in the and regardless of our personal opinion. It is great to have you back on this committee to have an important sense of these issues bottles so we watched as a committee and a congress uh gni operation grow so why you think that has happened in but about the congress taxing the deal and i was specific letting them decide which agencies has that sense of value of the other agencies from the director of National Intelligence what daily management vaughan lookalike . I have found the statutory requirements of executive order directives have added functions that are mandated also might think that people dont understand they have about 750 adult here anybody calling for that but by statute that was made part of the deal and i bet 40 percent much like the of military with the joint exercises some day are familiar with the whole and it is somewhat similar to the joint efforts of what they try to accomplish. So with his little more complicated why do we need that many . But having said that it does not mean how do we be more effective . But that really doesnt change the dynamic with that coordinating process. So if youre going to integrate social have those functions to be part of the integration process solution day think congress has right or wrong has those specifics lines to determine who had the assignment to know the deal and i would have oversight . To work through the process to become law read and interesting book what it was like if to achieve at and with that decision had been made to make adjustments so there is some fog in the year in the air of the responsibilities it is clear somebody who has defined authorities to go to every agency to deal with their operations. I think nobody is in a better position to try to go back to look at the lot and what it was intended to do and the advice you may have as you look at this from both perspectives that is what the next could do with reforms and deficiencies in that look forward to being part of this committees activities of a the next several years. What changes can remake to make it better . And that would be one of the major goals. Subwoofers take issue with the analogy that the new England Patriots would be astonished to think that Bill Belichick would be as passive as you would portray him. You have to be more aggressive this is not passive role. So let me move on to my only concern about your nomination for your very likable easygoing person i have never met tonight to travel and work with you. I am not sure likability adaptability are the qualities of wanted this position. Or was the money was crusty and been and tough. You will be reporting to the president who may aeronaut want to hear what you have to say can you assure me that not only are you changing hats but the second most important job of the United States. To achieve that level may be tough. So by attitude and success but i hear you are saying the office and the times demand that we not in a passive situation. It has reached the level that we cannot afford not to go at this with everything that we have and to put a point of the supreme most serious policy mistakes are bay of pigs and the invasion of iraq. All of those were based upon to configure intelligence to meet the desires of the of policy makers. The pressure to meet the demands of the policy makers with allegedly the trump illustration put pressure on the department of roman security two, up with a justification for that travel ban. They gave him the answer. Have you heard about this incident could. Their read that. Does it concern you . As i said in the beginning to the president and executive branch to fully understand the role to provide the Intelligence Department with policy. To make those political decisions. So yes, i have made this clear and i will continue to make this clear i believe those authorities. Day you need this job . No. But the benefits to look at the panel. Adam no way were talking about. [laughter] if not for these incidents then shaved on a. There will be a time when you have to say igo need this job because i am being asked to do something. And it has happened not just this president but over the past four years. Couple of questions on National Security. I know where the l. Lang which came from but you are invited to the responsibility of expertise i cannot imagine a situation that is not the case to say if that is the problem we would fix it. You should be a part of these meetings and i would urge you to talk to the white house about this executive order barely a week after the president was in the office and to put the advisor on to the National Security council. So to ban him from going to the meetings the admiral says is politicizing intelligence and i think that is a very bad practice. I will take that message back. So i sat next you for a couple of beers by value to be a very pleasant human being. Every by the nose that is not true but as they continue to serve the country with the unusual situation regarding counterintelligence in particular combined with a strategic placement with access to information the there has always been an element of propaganda with that synergy and counterintelligence with purposes to influence policy making to reach the level that in many places that did your abandon the United States, abysses a challenge different from what we have been developing in the Intelligence Community. So not just foreign governments have intelligence agencies but strategically use information to have an influence over policy making and policymakers and elections. So those that are so energizing all of that with full understanding. Would be a vances of technology those who want to use those techniques through the internet advances for mankind also extreme over abilities so we need to educate the public to the fact that these types of things are happening so of the pay factor in terms of decisions relative to governments function and are well aware of the fact they cannot believe everything they hear that there are these efforts to undermine who we are as a country as weve news confidence in the ability. So i do think that requires much more agility not only to intercept not only put the defense in place but that there is a consequence to what theyre doing. Given the fact that this touches upon the Intelligence Community there is a tension between the public with the allies to allow the Intelligence Community to work in ways that our necessary. So the is an important part of the element we shed taken to account. So not to interfere with the political process of allowed the American People to be aware of as much as possible so they and stand the source and the motivation throughout the process. That would be dead could challenge to the entire Intelligence Community. And to talk about the detention policy we know you have seen with open source reporting going on to rejoin the fight against american citizens. What is your view and what you would devise the president of the intention policy. I have fat and opportunity to travel with other movers of the committee. And senator feinstein but these questions have been asked in terms of what has happened to those that were released . Are they running a starbucks or have they rejoined the fight could send a significant percentage of reid joined the fight. So to look at that determination but this is the ongoing conflict so to tell the American People have been supported the detention to do in a humane way the simply to send everybody back home is not the solution to the of problems. But with a serious matter whitey be the chief be held by the iranian government saliva just basking in your new role they hope to bring them home. After months in the senate and to put this into bashan and what the basis of this was. I am well aware of the situation from a more personal basis meeting to address these issues. It is great to serve with you so that means there has been a period of our life slam learning as quickly as i can about being the newest numbers trying to get to speed as quickly as possible lady be milling sale have the authority to make sure that we have access for what we need greg. That is my obligation. Part of the equation is a complete and a lot of people are frustrated and holding back anything to this community. Would ask looking back at 2004 what the do you think the purpose is . Why did the be negative reform . Well i have. As those that are part of the process from the beginning. We did not reduce. Into be that process sharing that information every betty puts out there alone and to view this with 17 pieces that all the to come together and with that in point we want that all to come together so with those dissenting views from this agency your the agency about the confidence level that you need to know that but with the committee needs to know of the executive branch so the is provided to you to pull together every little piece of the puzzle. Id to take that so taken so with the dna there is collaboration authority of the initial use for various reasons to go through the legislative process to make recommendations with the 24 hour news cycle so we have a role to provide and to do provide to you but it was mentioned earlier truth to power and our job is to provide the truth of the determinations so that is what we bring to you in remember what side they might be on. We provide that information. And to provide the information to policy makers. Have you chosen the top Security Threat . Mimics though given the diversity live mentioned earlier in affects almost anything that we do with the financial or commercial or national defense. What is the most capable . But potentially the could turn into something of the continued service. That is great to see you again. You cannot leave when you need to war to come in and out and you are stuck. But i do want to followup of the conversation so one of the nicest people mature faith and your family but i really want you to be tough in to be clear because the policy makers around you need clarity with the facts that they know that they can trust and then can grab a bottle of water together and to hear that clarification to be as tough as you need to be. You said such nice things about me, senator that this rule demand someone who can stand up to the pressures to those political pressures to go forward and i have been class of a have been blessed and given that situation and then we have to go after that. Sold the two still stand by. So there is say tendency to chase the priorities of the headline the that becomes of party with the cyberissue was solved long time ago. That is to the real threat so one of the things we will be interview to keep those agencies on focused too rare the headlines are. And a good transix how little we talk about narcoterrorism intend thousands that die from trafficking or as a result of that and it is one of those constant threats have the responsibility to make sure that it doesnt bemoan the Intelligence Community so when those issues come up when we have a chance to visit together that when you are focused have the area that we need to resolve and to work with the administration that there is some other entity the there are practitioners and the agency so when you see that can you help us to see those things legislatively . With the certified waste of the week lets investigate that have to be confirmed before that process but i want to reflect what you said about narcoterrorism. Each of us with the experience that tragically of boston member of a family medias 70 yearold going to a party and they and the bin hospital. A scourged that cuts through almost every part of our country we have in indiana and you have in your state. Live is undermining the essence of this country. To affect families and communities but it passed to be a component of these things are brought into our country. I enjoyed our time together. Many colleagues have raised the issue of the National Security council has a relates to what we need to accomplish. And with the director of National Intelligence that if you or he is confirmed with not be included in the National Security council. Did you believe it is critically important to have a prominent role quite. Yes. And that executive order . It has not been addressed yet from the president and the staff. When will that be modified . They have now given me a date. My vendors standing the ncaa director. So you mentioned earlier there was something from the bush era . Has a better modified since it was issued . That was part of the original. Okay. It was a press conference statement. I have a copy of that here in it was added back to the National Security. But this document has been modified but did not put back in. So with his mentor standing that language was taken from a similar executive order issued from the of bush and administration and has been told verbally that intent sochi realizes there was none at the time. With the bottom line with 100 confidence my concern is the right ear qualification but what youre walking into. And youll have a seat if the administration is telling you was a document issued it has since been modified and has not replace the position from which you are here testifying some might concern is there is no indication if confirmed you will be a member of the body if that does not have been the prepared to have that responsibility without the authority if he were a member of that body quick. I fully aware of that response ability. Yes i have been assured that at have the authority to be a member of that committee to be there. Wouldnt you agree that the executive order in is modified that it is actually entitled of what relates to National Security quick. I will take that to the illustration i am pretty comfortable with it i believe they have told me and i intend to do this. But i would be concerned with another have the modifications but i appreciate your service and your candor. To make the process work more efficiently. There is a lot i need to learn if i want to get acquainted with the various leaders of the agencies. As ive said before given the nature of the threats, ive always believed getting the right people in place is to keep them in the goals you want to achieve. We will quickly if confirmed move into that mode of filling that out. I did comment earlier on the previous leaders and the smooth transition that they had arranged by ensuring that there is continuity between the gap. How of time but this rises to an earlier response of the. One of the purposes was to take the disparate kind of intelligence that is collected be it human intelligence, bank records, satellite imagery, passenger manifests him to sympathize them altogether to create a coherent picture. That is a more important function today. One thing ive heard on the occn to the various agencies personnel is the dn dni overtime has bureaucratic mandates on the agencies reporting requirements that get the collectors and analysts. Have you seen that in your preparation and do you have any thoughts about how you might focus on that original mission and keep the agencies focused on their original mission . I do not have enough experience to evaluate that. I will certainly take that as an issue to address. Without the confirmation, and i havent had the opportunity to engage with the other agencies except to begin to formulate some relationships with those we have had a number of occasions to talk with each other and share what the relationships are of we are already working to establish that. You mentioned the commission endorsed a plan to recommend ways to ensure it is authorized, organized, trained and resource. What kind of lessons would you take away from the report of the commission and how applicable are those today . Not all of the recommendations were implemented and it is worth going back and looking at the original intent. Then they made a number that were reconstructed after 12 years or so, they have evolved into what it is today. Taking a look at where it was intended years ago, and it was a compromised piece of legislation and the articles i was reading they talked to the former directors with a total of eight people that were in a position as to what exactly the authorities of the dni were andn there were eight different answers. So that alone is a signal that we ought to perhaps go back and look if we want to make some adjustments to the law. That would have to be done in conjunction with the congress of course, that at some point sooner rather than later that is something that we ought to look at. Thank you and congratulations again. Senator, congratulations and thank you for answering the call to duty once more and for your wife who is always supporting you in your Public Service, this is a great continuing contribution and i would expect nothing less so thank you for that. I want to ask about two subjects one to help in the new job once confirmed. I have become concerned that the act that originally passed back in 1938 needs to be updated and for example, we experienced during the Time Congress passed a bil the bill once they voted unanimously to pass that, the congress overrode the veto and the government spend an amount of money to lobby the United States congress and troubled me because im not sure many people knew what the source of the funding was and it strikes me the activities that are going to be the subject of the investigation here that we looked at to see if it needs to be updated so that they can see where the money is coming from by the Foreign Countries are beginning to have hiring. I would like to ask for your help and your office is help. I think more transparency needs to be offered on what this is and isnt. Absolutely. I want to go back to the comment was made by one of our colleagues, my friend from oregon who has asked you and others to produce the number of innocent americans swept up in intelligence gathering observations and i just want you to talk if you would briefly about all the various minimizing procedures to suppress incidental or inadvertent communications. It is illegal to target american citizens without a search warrant to. I was the director of the fbi as the crown jewels of the Intelligence Community would you agree with that characterization . We all saw what happened in the freedom act which ultimately i voted for but i am concerned we not let the debate on the reauthorization to get caught up in that sort of hysteria when people are worried about their own government was spying on them and that decidedly was untrue. Thats history that i want to make sure given the importance of the surveillance act for the Intelligence Community we make sure that we do Everything Possible to educate everyone so they understand what is authorized and what is not authorized. To make sure that the jewels of the Intelligence Community and section 702 is authorized. I want people to understand there is a judicial review from time to time and there is oversight and review in the executive branch and there is a lot of oversight here in the congress over this as well as in the various intelligence agencies themselves. There are layers of protection so they dont have to worry about their own government spying on them. Every conceivable effort is being made to protect the privacy rights of americans which we all agree is important. So i would ask for your continued help. Obviously you know a lot about the topic, but given the importance of the reauthorization of the act, we worked together to better inform everybody involved so they can be reassured that the proper balance between privacy rights which we all agree are important in the National Security and the right balance. I couldnt agree with you more. My colleagues have heard me talk when i was a member of the committee about finding that balance. I think from one end of the spectrum to the other we are all on the same page that we cherish our rights and they are constitutionally provided to us. We want to do everything we can to make sure they are secure but we also know the constitution requires us to provide for the common defense and we are under attack from a number of sources now whether it is through cyber or any other number of ways the United States is vulnerable and they want us to do everything we can to keep them safe, so finding the balance at the same time uses the tool tools for thd guys are trying to do. Its important that we find that balance point so we can accomplish both of them. Its to go after the foregoing bad guys. And that process there is what is called incidental means of americans. Some bad guy might have the names of 40 americans can sue if hes targeted for something all of a sudden we put a process in place in devising the law and i wont go into all of the details because i cannot explain them as well as others can but it is a process that understands the are not targeting these people to take hi came up because they wee on his email or phone list. Its significant to try to secure the pregnancies. There is a practice in all of these are authorized so this is such a critical tool i think it deserves full transparency to the level we can while protecting the sources and methods and classified information we need to ensure the public is not led into the situation they are sweeping up collecting information about them we are trying to sort it out. There are processes. And theres procedures to go to court and we have to show probable cause. I read when i went back home on the issue of the collection of metadata. I was constantly asked by people at home what about this data. I asked Keith Alexander was the head of the nsa and he said if we were listening to everybodys calls wed have to listen to work 24 hours a day so it is impossible. We are not trying to sort out the good from the bad. That is a discussion we do not have to have and we are following the law and have a new system and it would be up to the policy adjusters if they want to change that. Its a valuable tool i think the Intelligence Community feels strongly about it. We need to provide the information you need to make decisions on how to go forward. Im sorry that was a little over the top. I think we do need to clarify the issue because it is critical in the act. Lets stipulate i and every member of the senate wanted to go after the threat or as you call them the bad guys. No question about it because what happened is communications have gotten so sophisticated and globally integrated on an indeterminate number of innocent americans have their communications being collected under section 702. Its without a court order or particular suspicion. To step back from the question, i asked you if you would get the public number of how many innocent law abiding americans are being swept under the 702 collection and he said yes. Then you went on to say that it was hard. So my question is if the answers to guess you will get us the number and since we have been trying to get this for years and years, will you commit to getting us a report every 30 days until we get the number that we need for the reauthorization and it goes right to the heart of how you do the balance that you are talking about on an indeterminate number of people being swept up because Global Communications are sophisticated. Will yowill you stay with the er answer and get the number of innocent americans before and before you answer yes is the answer still yes or no . Let me explain i qualified it because its been hard to come up with that number for various reasons i do not understand. I said i wanted to talk to director rogers and the nsa on what is the problem. What is the right definition in terms of swept up. I said i want to clarify the record i will do my best to find out if we can get that number but i need to find out first why we cant get it and i dont think anybodys trying to withhold it will you commit to getting a response until we get this question answered because this has gone on for years and has been one reason after another. Will you report every 30 days until we get an answer . I dont see that as a yes or no until i find out whether that is even possible. I can call up once every 30 days and say where are we. I would like first to understand what the issue is in getting the exact number. I dont want to come up with a number that tells the American People something that nobody has ever come up with a number. This is a legitimate question. I need to know the answers of the questions before we have a vote because this is central to your priority which is reauthorizing 702. Youve got me at going after the foreign threats but not the innocent americans. The chair would ask unanimous consent to enter into the record a letter of the committee senator warner and myself. The executive order tha executis National Security memorandum number two has not been amended since it was issued, correct . There was a question that wasnt clear in my mind how it was answered. At this time the hearing will adjourn and we will reconvene in a closed hearing upstairs. [inaudible conversations] [inaudible conversations] 86 we moved to miami and has been there ever since but its a good place to the rink a member of the Environment Public Works Committee and house transportation and Infrastructure Committee chairman