Transcripts For CSPAN Key Capitol Hill Hearings 20160513 : c

Transcripts For CSPAN Key Capitol Hill Hearings 20160513

You can see that live here on cspan at 7 00 p. M. Eastern. Then, sunday on cspan, utah congressman rob bishop, the chairman of the Natural Resources committee, hell talk about puerto ricos debt crisis, the u. S. Territory is 70 billion in debt and has already missed millions of dollars in debt payments. Congressman bishop will answer questions about efforts in congress to help puerto rico restructure its debt. Newsmakers on 10 00 a. M. And 6 00 p. M. Eastern on cspan unday. Book tv has 48 hours of nonfiction books and authors every weekend and here are some programs to watch for this weekend. On saturday at 10 00 p. M. Eastern on afterwards, don watkins, author of equal is unfair. Don the reason i say unequality is not a problem, its not a concern of how much money do you have but how did you get it . Did you get it through something that is fair or through a process that is unfair . And when you try to equalize people that earn honestly, thats what were challenging and saying thats not a fairway to treat people. In his book he says the dream is by limiting success. Hes interviewed by Manhattan Institute diane. On sunday afternooning 4 30, afghanistan and iraq war veteran and c. E. O. Of vets for freedom. He talks about president roosevelts address and talks about his revisions for today. Pete its not about roosevelt or litigating where he is on the political spectrum. It is a call to action. It to me is meant to enin speier, motivate and remind americans of every generation what americas america makes America Special and it is worth fighting for. Some carried a rifle and many in this generation still do but you dont have to carry a rifle to be in the arena. And we need to instill the principles to perpetuate what is as you all know is an experiment, an experiment in human freedom. Then at 10 00 p. M. Eastern, erin mchuge and her book political suicide. It is instead filled with budgetary tight ropes and routines, costumes, ethical disappearing acts and clowns. Instead, it becomes three rings of horror. Were so fatigued by the time the mud is slung, the schedule tons come out of the closet and election day is over that were often exhausted by our new legislators. She accounts memorable missteps in American History. Go to booktv. Org for the complete weekend schedule. White house chief Information Officer tony scott testified before two House Oversight subcommittees this morning about Government Security clearances and social media. Currently the government is not does not look at facebook, twitter or other social media when doing background checks but that policy is about to change and the chief Information Officer answered uestions about it. Mr. Meadows ted subcommittee on Government Operations and the subcommittee on National Security will come to order and without objection, the chair is authorized to declare a recess at any time. Were here today to discuss incorporating social media into the federal security clearance and Background Investigations. Having a security clearance means by definition you have access to information that would hurt our National Security if it got out, and that is why we perform Background Investigations on individuals who want a security clearance. The goal of our Background Investigations must be to find out if an individual is trustworthy. Back in the 1950s, that meant talking to neighbors and family. Today, with more than a billion individuals on facebook, what a person says and does on social media can often give a better insight on who they really are. Since 2008, various federal agencies have conducted studies on using social media data in investigations and they all find the same thing, that there is a wealth of Important Information on social media. This issue now facing the federal government is how to use social Media Information while respecting the legitimate privacy concerns that are often brought forth. The good news is that using social media checks in security clearance investigations does not have to be a by nairy decision between binary decision between big brother and an ineffective system. There are several reason options to us to use social media data in a responsible way. It is encouraging that to see that odni announced this morning in advance of todays hearing a new policy that will follow will allow federal agencies to review publicly available social Media Information as part of the clearance investigation process. We will continue to work with the agencies to ensure that social media data of people with security clearances is used in a safe and responsible way. Id like to thank the witnesses for coming here today, and i look forward to their testimony. And with that i would recognize the Ranking Member of the subcommittee on Government Operations, my good friend, mr. Connolly. Mr. Connolly i thank my friend, the chairman, for holding this hearing to examine the usefulness of social media and other crucial enhancements to federal Background Investigation process. On january 22, the administration announced the federal investigative services, a former entity of o. P. M. , would transfer its functions to a new background bureau. The department of defense was responsible for the design of the new entity. I think we need to task our National Security experts while protecting the sensitive personal information of millions of clearanceholders. Today, were discussing another enhancement, the inclukes of social media in the Background Investigation process. The army has a Pilot Program which use publicly available data from social media sites to enhance Information Available to investigators during background check proseesees. Currently, the department of defense is conducting a Pilot Program that looks at all publicly available Information Online such as news articles and commercial websites. Im interested in learning the major findings and Lessons Learned from these Pilot Programs. While social media is a promising and valuable source potentially of information, i remain concerned that the government should not retain social media data of third parties who happen to engage with the applicant and have not consented to waiving their privacy rights. We must not forget to discuss other ways to enhance security clearance processees. The Performance Accountability Council is establishing a Law Enforcement Liaison Office that will communicate with local governments to expedite the requests for local criminal records. Thats a major enhancement. We must remember that on september 16, 2013, aaron alexus, a federal subcontractor with a secret level clearance, entered the Washington Navy yard and tragically killed 12 people and injured four others. He had a security clearance. The Background Investigation failed to identify that mr. Alexus had a history of gun violence. The local Police Record of his 2004 firearms arrest had not been provided to federal investigators. Improvements in communication between local Law Enforcement and federal background investigators could prevent could perhaps have prevented a tragedy like that that occurred in the Washington Navy yard. I welcome each of the witnesss back from the committees february hearing and look forward to hear on their plan to reform the federal background security clearance process while preserving privacy rights. Thank you, mr. Chairman. Mr. Meadows i thank the gentleman. The chair recognizes the chairman on National Security, mr. Desantis, for his opening statement. Mr. Desantis thank you, chairman meadows. I think its important to say hat we got a directive last night that this will be an implemented policy. Im sure thats partly the result of your oversight so thank you for doing that and i look forward to hearing the witnesses testimony. I yield back. Mr. Meadows well, chairman desantis, thank you for your leadership on so many of these issues and look forward to continuing to work with you. I now recognize the Ranking Member on the subcommittee on National Security, the gentleman from massachusetts, mr. Lynch. Mr. Lynch thank you, mr. Chairman, and i also like to thank chairman desantis and my friend, mr. Connolly, for holding this hearing. Its important for a number of reasons which you both have touched on already. When an individual applies to receive an initial or renewed security clearance, the federal government conducts a Background Investigation to determine whether he or she is eligible to access classified National Security information. Every security clearance candidate is to complete a standard 486. I have one right here. Its lengthy. It goes into a number of very personal aspects of each persons life. This 127page form already requests a variety of personal applicant information, such as criminal history, any history of alcohol use or illegal drug use, any Mental Health counseling. It does not currently request social Media Information, but as chairman desantis noted last night by 11 00, we got copies of this policy. And i want to say thank you. We have not always had information forthcoming in a timely manner. Even 11 00 at time, thats timely around here. At night, thats timely around here. A few hours before the hearing. I appreciate you sending it. I thought it might be a mistake, actually, that you sent the policy over. Did i have a chance to read it a couple times last night. It raises some questions, but i think its a very good first effort. We appreciate it. In december, 2015, Congress Passed and president obama signed a bipartisan funding legislation that included a robust directive to enhance the security clearance process. The recent omnibus appropriations act also requires the director of d. N. I. To direct the federal agencies to use social media and other publicly available government and commercial data when conducting periodic reviews of their clearance holders. The law provides guidance on the types of information that could be obtained from social immediate other sources and may prove relevant to a determination of whether an individual should be granted clearance at all. This includes information suggesting a change in ideology or illintent or vulnerability to blackmail and allegiance to another country. The main impetus, as mr. Connolly noted, was the terrible situation at the Washington Navy yard and also, i would add, there has been exploitation of twitter, faceback, what is app by the Islamic State and also at one point we had everyone who filled out a standard form 86 hacked by the chinese as well. So they have a list of everybody who filled out an 86 requesting security clearances which is very troubling. Theres a lot that needs to be talk about here. Well gather all this information on individuals in one place. In light of what has happened with the chinese hack, im concerned about putting medical information, all this about people who apply in one place where it might be accessed by hostile or nefarious actors so well talk a little bit about that this morning. As i said, i appreciate the Security Executive Agency Directive number 5 and i think its a very good first effort and i appreciate your transparency with us. Thank you. I yield back. Mr. Meadows i thank the gentleman. And i will hold the record open for five legislative days for any member who would like to submit a written statement. Will now recognize our panel of witnesses. Im pleased to welcome mr. Vania, the office of e director of National Intelligence. Ms. Beth cobert, acting director of the u. S. Office of Personnel Management, i might add, in her new role working incredibly well, in a bipartisan and very transparent way that is recognized by this committee. So thank you so much. Mr. Tony scott, the u. S. Chief Information Officer at the u. S. Office of management and budget. Welcome to you all. And pursuant to committee rules, all witnesses will be sworn in before they testify. So if you please rise and raise your right hand. Do you solemnly swear or affirm that the testimony you are about to give will be the truth, the whole truth and nothing but the truth . Thank you. Please be seated. Let the record reflect that all witnesses answered in the affirmative. In order to allow time for discussion, please limit your oral testimony to five minutes. Youre very familiar with the process but your entire written statement will be made part of the record. And so mr. Evaninia, youre now recognized for five minutes. Mr. Evanina good morning. Good morning, everyone. Chairman meadows, chairman desantis, Ranking Member connelly, Ranking Member lynch, members of the subcommittee, thank you for having me here as part of this team that is participating in todays hearing. As a National Counterintelligence director and im responsible for leading the counterintelligence and security activities of the United States government which includes the entire u. S. Government and Public Sector throughout the intelligence community. Im responsible for providing outreach to u. S. Private sector entities who are at risk of becoming a target for intelligence collection, penetration or attack by foreign or other adversaries. I also support the director of National Intelligence responsibilities as the security executive agent. The role under which the social media directive was developed. And i work close in partnership with the office of management and budget and the office of Personnel Management and my colleagues to my left. The department of defense also partners in this effort. Agencies across the executive branch are also part of todays process and the discusses we have achieved with this policy. When i last appeared before this committee on february 25, we discussed the formation of national Background Investigations bureau and security clearance reforms. Today ive been asked to discuss the administrations policy on the use of social media as part of the personal security Background Investigation and as interview process. Mr. Chairman, weve been steadfastly at work that addresses publicly available social Media Information during the contact of Background Investigations and adjudications. I want to acknowledge the partner made by our executive branch colleagues, particularly at office of management and office and o. P. M. And pliesed to reference that the director of National Intelligence has recently approved this directive, which is being publicly released. The data gathered via social media will enhance our ability to determine initial and continued eligibility for access to classified National Security information and eligibility for sensitive positions. I realize the federal in rnments ability to the course of a security Background Investigation, adjudication, raises some Civil Liberties and privacy concerns. Evertheless, let be me be clear, that gathering social media and other Information Available to the public is a capability to make sure those with access to our secrets will continue to protect them and the capability can be aligned with appropriate Civil Liberties and privacy protections. I would note to the committee that by the term publicly available social modia information we mean, social Media Information that has been published or broadcast for public consumption, is available by request by the public, is accessible online to the public, is Available Online by the public by subscription or lawfully accessible to the public. I believe the new directive on social media strikes this important balance. One under this new directive, only publicly available social Media Information pertaining to the individual under investigation will be colle

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