59-010

1st Session

110-5

--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2007

[To accompany S. 372]

The Committee on Armed Services, to which was referred the bill (S. 372) to authorize appropriations for fiscal year 2007 for the intelligence and intelligence-related activities of the United States Government, the Intelligence Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes, having considered the same, reports favorably thereon without amendment and recommends that the bill do pass.

PURPOSE OF THE BILL

S. 372 would authorize appropriations and other matters for fiscal year 2007 for intelligence activities of the United States, including certain Department of Defense intelligence-related activities within the jurisdiction of the Committee on Armed Services.

The Senate Select Committee on Intelligence reported the bill on January 24, 2007, and it was referred to the Committee on Armed Services on January 24, 2007, in accordance with section 3(b) of Senate Resolution 400, 94th Congress, as amended by Senate Resolution 445, 108th Congress, for a period not to exceed 10 days of session.

SCOPE OF THE COMMITTEE REVIEW

The committee has carefully reviewed the Intelligence Authorization Act for Fiscal Year 2007 and the Senate report accompanying S. 372 (S. Rept. 110-2). The total amount within the jurisdiction of the Committee on Armed Services recommended for the National Intelligence Program has been incorporated into the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364).

The following explains the committee's clarification to the report issued by the Senate Select Committee on Intelligence.

CLASSIFIED AND SENSITIVE ANNEX TO THE COMMITTEE REPORT

The committee has prepared a classified annex to this report that describes other recommendations and concerns that are classified and sensitive in nature.

COBRA JUDY REPLACEMENT PROGRAM

The committee believes that the COBRA JUDY Replacement Program is important for ensuring our nation's ability to acquire necessary intelligence on foreign ballistic missile programs and their capabilities. The committee strongly supports development and integration of this sophisticated solid-state phased array radar technology and ship as a prudent investment in intelligence collection that monitors foreign threats and supports the acquisition of our ballistic missile defensive systems. The COBRA JUDY Replacement Program will replace the USNS Observation Island, which is due to leave service in 2012, and will satisfy vital intelligence requirements necessary for the acquisition of defensive systems designed to defend the nation from ballistic missile attack. Therefore, the committee urges the conferees on the Intelligence Authorization Act for Fiscal Year 2007 to preserve for this important program in fiscal year 2007. The committee further urges the continued funding in the Future Years Defense Program of the COBRA JUDY Replacement Program by the Secretary of Defense and the Director of National Intelligence (DNI) in order to support national defense requirements.

SPACE RADAR

The committee notes that the DNI is conducting a study to determine future collections architectures. One of the elements of the study is a space radar capability. The committee firmly believes that only one space radar capability is affordable in the future and urges the DNI and the Secretary of Defense to develop a joint space radar program if there is a requirement for such a capability.

The committee, notwithstanding any other direction, strongly encourages the Senate Select Committee on Intelligence to direct the DNI to participate in the study required in the statement of managers (H. Rept 109-702) accompanying the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364). DNI participation is required to determine respective roles and missions of the military and intelligence communities in the development of a space radar program, including requirements, cost-sharing, acquisition strategy, and operational concepts. The committee also believes that for the DNI not to participate in a joint study to understand space radar requirements, guided by the collections architecture, would be a mistake that could result in a significant waste of taxpayer dollars.

COMMITTEE ACTION

In accordance with the Legislative Reorganization Act of 1946, as amended by the Legislative Reorganization Act of 1970, the committee's vote to report the Intelligence Authorization Act for Fiscal Year 2007 was by voice vote.

FISCAL DATA

The committee will publish in the Congressional Record information on 5-year cost projections when such information is received from the Congressional Budget Office.

REGULATORY IMPACT

Paragraph 11(b) of rule XXVI of the Standing Rules of the Senate requires that a report on the regulatory impact of a bill be included in the report on the bill. The committee finds that there is no regulatory impact in the cost of S. 372, the Intelligence Authorization Act for Fiscal Year 2007.

CHANGES IN EXISTING LAW

Pursuant to the provisions of paragraph 12 of rule XXVI of the Standing Rules of the Senate, the changes in existing law made by certain portions of the bill have not been shown in this section of the report because, in the opinion of the committee, it is necessary to dispense with showing such changes in order to expedite the business of the Senate and reduce the expenditure of funds.