Calendar No. 222
110th Congress Report
SENATE
1st Session 110-92
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INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2008
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June 26, 2007.--Ordered to be printed
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Mr. Levin, from the Committee on Armed Services, submitted the
following
R E P O R T
[To accompany S. 1538]
The Committee on Armed Services, to which was referred the
bill (S. 1538) to authorize appropriations for fiscal year 2008
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 with amendments and
recommends that the bill, as amended, do pass.
Purpose of the Bill
S. 1538 would authorize appropriations and other matters
for fiscal year 2008 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 May 31, 2007, and it was referred to the Committee on
Armed Services on June 4, 2007, 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. On June 15, 2007, the referral was 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 2008 and the Senate report
accompanying S. 1538 (S. Rept. 110-75). The total amount within
the jurisdiction of the Committee on Armed Services recommended
for the National Intelligence Program by the Senate Select
Committee on Intelligence in S. 1538, as referred to the
Committee on Armed Services, has been incorporated into the
budget tables of the National Defense Authorization Act for
Fiscal Year 2008, as reported by the Committee on Armed
Services (S. 1547). Amendments to the funding levels for
programs and activities within the National Intelligence
Program recommended by the Committee on Armed Services, if
approved by the Senate, will be reflected in the tables pending
conference on the National Defense Authorization Act for Fiscal
Year 2008.
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.
Section 102. Classified schedule of authorizations
Section 102 of S. 1538 would incorporate by reference the
classified schedule of authorizations in the classified annex
to the Intelligence Committee report (S. Rept. 110-75) for
funding of national intelligence programs and activities. The
Committee on Armed Services recommends minor funding
adjustments to the classified annex to the Intelligence
Committee report. Explanations of the committee's recommended
changes are contained in the classified annex accompanying this
report.
Section 310. Director of National Intelligence report on compliance
with the Detainee Treatment Act of 2005 and related provisions
of the Military Commissions Act of 2006
Section 310 of S. 1538 would require the Director of
National Intelligence (DNI) to submit a comprehensive report on
all measures taken by the Office of the DNI, and by all
components of the intelligence community, to comply with the
provisions of the Detainee Treatment Act of 2005 and related
provisions of the Military Commissions Act of 2006.
Section 310 would direct that this report be submitted only
to the congressional intelligence committees. The Committee on
Armed Services believes that this report should be submitted to
all appropriate committees of the Congress, and recommends an
amendment to effect this change.
Section 403. Modification of limitation on delegation by the Director
of National Intelligence of the protection of intelligence
sources and methods
Section 403 of S. 1538 would undo a significant limitation
imposed by the Intelligence Reform and Terrorist Prevention Act
(IRTPA) of 2004. Congress, in IRTPA, intended to force the DNI
to control the classification of information and to prevent the
delegation of that control back to the heads of the
intelligence agencies and components. Congress was intent on
this reform to eliminate a major impediment to information
sharing. All of the components of the intelligence community,
but especially the collection agencies, tend to hoard the
information in their possession, and have used the authority to
protect ``sources and methods'' as a primary means to control
the distribution of, and access to, intelligence information.
IRTPA recognized this, and so limited the DNI's ability to
delegate the authority to protect sources and methods and to
classify information to the Principal Deputy DNI.
The DNI's office for some time apparently has sought a
relaxation of this limitation. Just a year ago, however, the
Senate Select Committee on Intelligence, in the Intelligence
Authorization Act for Fiscal Year 2007, S. 372, proposed only
to allow delegation to the Deputy Directors of National
Intelligence and the Chief Information Officer. This proposed
delegation at least remained consistent with the concept of
keeping the protection of sources and methods out of the hands
of the operating components of the community and within the
Office of the DNI.
The Committee on Armed Services fears that section 403 of
S. 1538, as reported, would be a step backward, and could cause
substantial harm to the DNI's efforts to improve information
sharing and access. The committee recommends an amendment to
section 403 that would limit delegation to the Deputy Directors
of National Intelligence and the Chief Information Officer.
Section 410. Inspector General of the Intelligence Community
Section 410 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.
The committee recommends several amendments that would: (1)
ensure that the Secretary of Defense and the Director of
National Intelligence stand on equal footing in resolving any
disputes between the new Inspector General of the Intelligence
Community and a DOD Inspector General; and (2) ensure that
reports of the Inspector General of the Intelligence Community
regarding elements of the intelligence community within the
Department of Defense are provided both to the Director of
National Intelligence and the Secretary of Defense, and that
portions of reports involving components of the Department of
Defense are reported to both the congressional intelligence
committees and Armed Services Committees.
The committee amendment would establish an appropriate
balance between the Department of Defense Inspector General and
the Inspector General of the Intelligence Community and 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.
ASSIGNMENT OF SENIOR EXECUTIVE SERVICE OFFICER OR GENERAL OR FLAG
OFFICER TO THE ARMED FORCES MEDICAL INTELLIGENCE CENTER
The Committee notes that S. Rept. 110-75 accompanying S.
1538 requests that the Under Secretary of Defense for
Intelligence, the Director of the Defense Intelligence Agency,
and the Director of National Intelligence develop a plan for
installing a senior executive service officer or a military
officer of flag rank to lead the Armed Forces Medical
Intelligence Center and report to the congressional oversight
committees by September 1, 2007.
However, before such a plan is developed, the Committee on
Armed Services directs the Secretary of Defense to conduct an
analysis to determine whether the scope of responsibilities and
functions of this position support assignment of a senior
executive or general or flag officer and to submit a report on
this analysis to the congressional oversight committees no
later than August 15, 2007.
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 2008.
Vote: Adopted by a voice vote.
Estimate of Costs
Pursuant to paragraph 11(a)(3) of rule XXVI of the Standing
Rules of the Senate, the committee deems it impractical to
include an estimate of the costs incurred in carrying out the
provisions of this report due to the classified nature of the
operations conducted pursuant to this legislation. The
committee will publish in the Congressional Record information
on 5-year cost projections when such information is received
from the Congressional Budget Office.
Evaluation of 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. 1538, the
Intelligence Authorization Act for Fiscal Year 2008.
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.
