Calendar No. 275
109th Congress Report
SENATE
1st Session 109-173
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INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2006
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October 27, 2005.--Ordered to be printed
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Mr. Warner, from the Committee on Armed Services, submitted the
following
R E P O R T
[To accompany S. 1803]
The Committee on Armed Services, to which was referred the
bill (S. 1803) to authorize appropriations for fiscal year 2006
for intelligence and intelligence-related activities of the
United States Government, the Community Management Account of
the Director of Central Intelligence, and the Central
Intelligence Agency Retirement and Disability System, and for
other purposes, having considered the same, reports favorably
thereon with amendments and recommends that the bill, as
amended, do pass.
PURPOSE OF THE BILL
S. 1803 would authorize appropriations and other matters
for fiscal year 2006 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 September 29, 2005, and it was referred to the
Committee on Armed Services on September 30, 2005, in
accordance with section 3(b) of Senate Resolution 400, 94th
Congress, as amended by S. Res. 445, 108th Congress, for a
period not to exceed 10 days of session. The referral was later
extended for an additional five days of session in accordance
with S. Res. 400, as amended.
SCOPE OF THE COMMITTEE REVIEW
The committee has carefully reviewed the Intelligence
Authorization Act for Fiscal Year 2006 and the Senate report
accompanying S. 1803 (S. Rept. 109-142). The total amount
within the jurisdiction of the Committee on Armed Services
recommended for the National Intelligence Program will be
incorporated into the budget tables pending the passage of the
National Defense Authorization Act for Fiscal Year 2006.
The following explains the committee's proposed amendments
to the bill, as reported by the Senate Select Committee on
Intelligence, as well as 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.
Pilot program on disclosure of records under the Privacy Act relating
to certain intelligence activities
Section 307 of S. 1803 would establish a four-year pilot
program to provide all elements of the intelligence community
with access to certain Privacy Act records maintained by the
Department of Defense or other elements of the intelligence
community, or departments or agencies of the Federal Government
containing elements of the Intelligence Community. The
committee recommends an amendment that would cut the length of
the pilot program to two years.
Authority of the Director of National Intelligence to manage access to
human intelligence information
Section 403 of S. 1803 would authorize the Director of
National Intelligence to have access to all information
concerning the human intelligence operations of any element of
the Intelligence Community. It would further authorize the
Director to ensure maximum access to such information, and to
set up a mechanism for appropriate Intelligence Community
personnel to gain access. The committee understands that this
provision is intended to cover the national intelligence as
opposed to tactical battlefield intelligence, and is not
intended to authorize the Director to task commanders in the
field or to avoid the military chain of command in seeking
access to human intelligence at the tactical level.
The committee agrees with the need for the Director to
manage such access, but urges the conferees to make it clear
that the intent of the provision is for the Director to manage
access to human intelligence that contributes to national
intelligence products, not for managing access to human
intelligence information supporting tactical military
operations.
Inspector General of the Intelligence Community
Section 408 of S. 1803 would authorize an Inspector General
of the Intelligence Community. This provision would replace the
Inspector General of the Office of the Director of National
Intelligence as authorized by section 1078 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (Public Law 108-
458)with an Inspector General of the Intelligence Community.
Enactment of section 408 would insert the Director of National
Intelligence and the proposed Inspector General of the
Intelligence Community into the management of all elements of
the Intelligence Community, and the departments and agencies of
which they are a part, in a way that would be contrary to the
careful balance struck by Congress in enacting the Intelligence
Reform and Terrorism Prevention Act of 2004. Section 1078
states that the Act is to be implemented in a manner that
respects and does not abrogate the statutory responsibilities
of the heads of the departments of the United States
Government. In particular, the Act left undisturbed the
functions and responsibilities of the Inspector General of the
Department of Defense and those of the military departments.
The committee recommends several amendments that would: (1)
strike language giving the proposed Inspector General the final
decision in any situation in which that official and another
Inspector General may have jurisdiction over a particular
matter; (2) insert language exempting Inspectors General within
the Department of Defense from the proposed Inspector General's
authority to conduct a separate investigation if that official
deems one done by another Inspector General to be deficient;
and (3) strike language requiring all other Intelligence
Community Inspectors General to comply fully with any request
from the proposed Inspector General.
The committee amendment would establish an appropriate
balance between the Department of Defense Inspector General and
the Inspector General of the Intelligence Community by deleting
provisions that would allow the proposed Inspector General to
intrude in the management of the Department.
This amendment would ensure compliance with the statutory
requirement that the Secretary of Defense has authority,
direction, and control over all activities of the Department of
Defense as required by section 113 of title 10, United States
Code.
Modification of exclusion of military officer serving as Associate
Director of the Central Intelligence Agency for Military
Support from officer strength and distribution-in-grade
limitations
Section 426 of S. 1803 would authorize the exclusion of the
military officer serving as Associate Director of the Central
Intelligence Agency for Military Support from officer strength
and distribution-in-grade limitations. The committee recommends
an amendment striking this provision. This issue, which is
within the jurisdiction of the committee, will be addressed in
S. 1042, the National Defense Authorization Act for Fiscal Year
2006.
Protection of operational files of the Defense Intelligence Agency
Section 434 of S. 1803 would authorize the protection of
certain operational files of the Defense Intelligence Agency
from disclosure under the Freedom of Information Act (5 U.S.C.
552). This issue is also addressed in S. 1042, the National
Defense Authorization Act for Fiscal Year 2006. The committee
recommends a provision that would strike the existing language
and insert the text of section 922 of S. 1042.
Confirmation of appointment of heads of certain components of the
intelligence community
Section 436 of S. 1803 would require that the Directors of
the National Security Agency (NSA), the National Geospatial-
Intelligence Agency (NGA), and the National Reconnaissance
Office (NRO) be appointed by the President with the advice and
consent of the Senate. Currently, the Secretary designates the
NSA Director, subject to the approval of the President; the
President appoints the NGA Director; and the Secretary appoints
the NRO Director. Pursuant to section 1014(b) of the
Intelligence Reform and Terrorism Prevention Act of 2004, the
Secretary must obtain the concurrence of the Director of
National Intelligence before appointing an NRO Director or
recommending that the President approve the designation of an
NSA Director or appoint an NGA Director. None of these
appointments currently requires confirmation by the Senate
unless a military officer is promoted or transferred into a
three-star position.
The committee recommends an amendment to section 436
thatwould clarify that the three positions in question could be filled
by serving military officers.
Sense of Congress on funding of the COBRA JUDY Replacement Program
S. 1803 is silent on the subject of the 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. Therefore, the committee
recommends a new provision (section 437) that would express the
sense of the Senate that it 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. The committee further
urges the continued funding in the future-years defense program
of the COBRA JUDY Replacement Program by the Secretary and the
Director of National Intelligence in order to support national
defense requirements.
COMMITTEE ACTION
In accordance with the Legislative Reorganization Act of
1946, as amended by the Legislative Reorganization Act of 1970,
there is set forth below the committee vote to report the
Intelligence Authorization Act for Fiscal Year 2006.
Vote: Adopted by a rollcall vote of 16-0.
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. 1803, the
Intelligence Authorization Act for Fiscal Year 2006.
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.
