Senate Democrats

S. 372, the Intelligence Authorization Act for Fiscal Year 2007

Background

Except for minor changes, S.372, the Intelligence Authorization Act for Fiscal Year 2007, is identical to last year’s proposed legislation, S.3237, which was favorably reported by the Senate Select Committee on Intelligence on May 25, 2006, but not taken up by the full Senate for consideration during the 109th Congress.  Changes include revisions in dates and other administrative revisions as well as technical corrections outlined in S. Rpt. 110-2, accompanying S.372.

Summary

S.372, the Intelligence Authorization Act for Fiscal Year 2007, would authorize appropriations for the Director of National Intelligence (DNI) and the U.S. government’S.16 intelligence agencies and entities.  The budgetary details of the legislation are included in a classified annex, which provides a classified schedule of authorizations and classified directions to the intelligence community regarding critical issues from the budget review as well as other oversight responsibilities of the Intelligence Committee. 

In order to enhance public accountability and improve congressional oversight of national intelligence activities, the bill would require public disclosure of the overall annual budget request, authorization, and appropriation for the entire intelligence community and revise notification procedures to ensure that the intelligence community is providing timely information to congressional intelligence committees.  The bill also includes a provision increasing the penalties for the disclosure of the identity of undercover intelligence officers, and it requires reports on the operation of clandestine prisons and the implementation of the Detainee Treatment Act.    

The legislation also includes a provision that would require that the appointments of the Directors of the National Security Agency, the National Reconnaissance Office, and the National Geospatial Intelligence Agency be confirmed by the Senate.  Further, S.372 would create a National Space Intelligence Center.

Managers’ amendment.  Chairman Rockefeller and Vice Chairman Bond will offer a managers’ amendment when the legislation comes to the floor.  That amendment strikes Section 310, which would authorize a pilot program allowing exceptions to the Privacy Act.  It eliminates language requiring a study of the effects of declassifying agency level intelligence budgets, makes modifications to the section on congressional notifications, and deletes the requirement to report the exact location of clandestine detention facilities.

Major Provisions

Title I – Intelligence Activities

Authorization of appropriations.  The bill would authorize funding for the DNI as well as intelligence-related activities for U.S. government departments, agencies, and other entities, including the Central Intelligence Agency (CIA), the Defense Intelligence Agency (DIA), the National Security Agency (NSA), the National Geospatial Intelligence Agency (NGA), the National Reconnaissance Office (NRA), the intelligence capabilities of the military services (including the Army, Navy, Air Force and Coast Guard), as well as the intelligence components of the Federal Bureau of Investigation (FBI) and the Departments of State, Justice, Treasury, Energy, and Homeland Security, and the Drug Enforcement Administration (DEA).

Classified schedule of authorizations and incorporation of classified annex. The legislation states that the details of the authorized appropriation amounts and ceilings provided under Title I are contained in a classified Schedule of Authorizations, which must be made available to the Senate and House Committees on Appropriations and to the President.  The bill also would incorporate into the law the Classified Annex of the Committee Report and calls on the Executive Branch to comply fully with any directed transfers, temporary limitations on use, or other limitations or instructions contained in the Annex of the Report.  The classified annex is available for review by all Senators in room S-407 of the Capitol throughout consideration of the bill or in the Committee spaces, Hart 211, at any time. 

Intelligence Community Management Account (CMA).  The bill would authorize $648.9 million for the CMA of the Director of National Intelligence and would authorize 1,575 full time personnel within the CMA.

Disclosure of the national intelligence budget.  S.372 includes a provision that would require the President to disclose the overall annual budget request and also would require Congress to disclose the aggregate amount of funds authorized to be appropriated and the aggregate amount appropriated for the National Intelligence Program.  The bill, as reported by the Committee, instructs the DNI to conduct a study on the advisability of publicly disclosing the aggregate amount of funding requested, authorized, and appropriated for each of the 16 entities of the Intelligence Community.  It would require that the report be submitted within 180 days of the bill’s enactment.  The managers’ amendment would delete the study but maintain the requirement for disclosing the aggregate number.

Ensuring timely congressional access to information from the Intelligence Community.  The bill includes provisions that would revise certain procedural requirements for members of Congress to gain access, through intelligence committees and other committees of jurisdiction, to intelligence reports, assessments, estimates, legal opinions, and other intelligence information.  It states that the intelligence community must provide to the intelligence committees any existing intelligence documents or information requested by the Chairman or Vice Chairman of these committees.  The provision would not apply to requests for new documents or information.

Title II – Central Intelligence Agency Retirement and Disability System

CIA Retirement and Disability Fund.  The bill would authorize $256.4 million in spending for this fund.

Title III – Intelligence and General Intelligence Community Matters

Improved congressional notifications regarding intelligence activities of the U.S.  government.  S.372 wouldamend requirements for notifications to Congress under the National Security Act of 1947.  This provision would clarify that all members of congressional intelligence committees (not just the four members of the House and Senate leadership and the Chairmen and Ranking Members of the House and Senate Intelligence Committee) must receive briefings on intelligence.  It would require that, in the event that the DNI or the head of an element of the intelligence community does not provide to all Members the notification required under the Act, all Members will be provided notification of this fact.  The current bill language also requires a summary of the intelligence activity or covert action to assess its legality, benefits, costs, and advisability.  The managers’ amendment changes this to require a statement of the reasons for the limited notification and a description of the main features of the activity covered by the notification.  Further, the bill would require that any change to a covert action finding under Section 503 of the National Security Act be reported to the committees, modifying the existing requirement to report any “significant” change.

Increased penalties for the disclosure of undercover intelligence officers and agents.  The legislation includes a provision that would increase the criminal penalties for individuals with authorized access to classified information who intentionally disclose any information identifying a covert agent.  It would increase the maximum sentence for disclosure from 10 years to 15 years.  The bill also would increase the maximum sentence from 5 years to 10 years for disclosure by an individual who “as a result of having authorized access to classified information, learns the identity of a covert agent.”

Pilot program on disclosure of records under the Privacy Act. The bill would create a three-year pilot program to examine narrow intelligence exceptions to the Privacy Act to allow information sharing between intelligence agencies.  The managers’ amendment strikes this provision in its entirety. 

DNI report on compliance with the Detainee Treatment Act of 2005S.372 would require the DNI to submit a classified report no later than May 1, 2007 to congressional intelligence committees on all measures taken by the Office of the DNI and by any element of the intelligence community on compliance with two provisions of the Detainee Treatment Act of 2005.  Specifically, the report would detail compliance on the bill’s provision prohibiting cruel, inhuman or degrading treatment or punishment and the provision ensuring the protection against civil or criminal liability for United States Government personnel who had engaged in officially authorized interrogations that were determined to be lawful at the time.

Report on clandestine detention facilities for individuals captured in the Global War on Terrorism.  The legislation would require the DNI to submit a classified report to members of the congressional intelligence committees, which would provide full accounting of each clandestine prison or detention facility currently or formerly operated by the U.S. government, at which detainees in the “Global War on Terrorism” are or have been held.  Requirements of the report include: the size of each prison or facility; its disposition, if no longer operated by the U.S. government; plans for ultimate disposition of detainees; a description of interrogation procedures currently and previously used; and whether those procedures comply or complied with United States obligations under the Geneva Conventions and the Convention Against Torture.  The bill as reported would require the report to include the location of each facility.  The managers’ amendment deletes this requirement.

Title IV – Matters Relating to Elements of the Intelligence Community

Authorities of the Office of the DNI on intelligence sharing. The bill would authorize the DNI to use National Intelligence Program funds to quickly address needs that arise in intelligence information access or sharing capabilities.  It also would grant the DNI authority to provide funds to non-National Intelligence Program activities to address critical gaps in intelligence information sharing or access.  Further, S.372 includes provisions that would grant the DNI the authority to delegate the authority to protect intelligence sources and methods from unauthorized disclosure to the Deputy Directors of National Intelligence or the Chief Information Officer of the Intelligence Community and to ensure the dissemination of human intelligence to appropriately cleared analysts and officers throughout the intelligence community.

DNI authority regarding the transfer and reprogramming of intelligence funding.  S.372 would grant the DNI the authority to approve interagency financing of national intelligence centers and other entities established by the DNI and to pool resources from intelligence community and non-intelligence community agencies to finance national intelligence centers to address identified intelligence matters.  These new authorities are intended to provide the DNI with the necessary flexibility to coordinate the intelligence community response to an emerging threat.

Inspector General of the intelligence community.  The bill would establish in law an Inspector General of the intelligence community within the Office of the DNI, to be appointed by the President, with the advice and consent of the Senate, to review programs of the intelligence community and the relationships among the elements of the community, and to report to the DNI and to Congress.  The DNI currently has an administratively established Inspector General.

National Space Intelligence Center.  The legislation would create a National Space Intelligence Center to coordinate all collection, analysis, and dissemination of intelligence related to space as well as participate in intelligence community analyses of requirements for space systems.

Director and Deputy Director of the CIA.  The bill would establish the position of Deputy Director of the CIA, which would be appointed by the President and confirmed by the Senate, to ensure that, in the event of a vacancy in the position of the Director, a Deputy, who has the confidence of the President and Congress, is available immediately to assume the leadership of that critical agency.  The legislation also would require that both the Director and Deputy Director be appointed “from civilian life.”

Enhanced protection of CIA intelligence sources and methods from unauthorized disclosure.  The bill would provide the Director of the CIA with the authority to protect CIA intelligence sources and methods from unauthorized disclosure, consistent with direction from the President and DNI.  Currently, this authority is only held by the DNI.

Senate confirmation of heads of certain components of the Intelligence Community.  The legislation would require that the directors of the NSA, NGA, and NRO (currently appointed by the President) be nominated by the President and confirmed by the advice and consent of the Senate, in order to enhance congressional oversight of the intelligence community.

National security missions of the National Geo-Spatial Intelligence Agency. 

S.372 includes a provision which adds a new national security mission responsibility to the NGA.  With this mission, the NGA would be required, as directed by the NGA, to “analyze, disseminate, and incorporate Geospatial Intelligence, likenesses, videos, or presentations produced by ground-based platforms, including handheld or clandestine photography taken by or on behalf of human intelligence agency taken by or on behalf of human intelligence collection organizations or available as open-source information.”

Legislative History

On January 17, 2007, the Senate Select Intelligence Committee approved S.372, the Intelligence Authorization Act for Fiscal Year 2007, by a vote of 12-3.  On February 8, 2007, the Senate Armed Services Committee favorably reported S.372, without amendment.

For the past two years, the Senate has failed to enact an intelligence authorization bill.  On April 26, 2006, the House of Representatives passed H.R.5020, the Intelligence Authorization Act for Fiscal Year 2007.  The Senate Select Committee on Intelligence favorably reported its version of the bill, S.3237, on May 25, 2006, which the Senate Armed Services Committee favorably reported (without any recommended changes) on June 21, 2006.  However, as occurred with the Intelligence Authorization Act for Fiscal Year 2006, the Senate did not proceed to consideration of either the House or Committee-passed bill during the 109th Congress.

Fiscal Year 2006 was the first year since the establishment of the House and Senate Intelligence Committees in 1978 and 1979 that Congress did not enact an intelligence authorization bill.

Statement of Administration Policy

On April 26, 2006, the Bush Administration issued a Statement of Administration Policy (SAP) for the House version of the bill considered in the 109th Congress, H.R.5020.  The Statement can be accessed on the Office of Management and Budget’s website:

(H.R.5020sap-h.pdf">http://www.whitehouse.gov/omb/legislative/sap/109-2/H.R.5020sap-h.pdf). 

At the time of publication, no SAP has been issued for S.372, the Intelligence Authorization Act for Fiscal Year 2007.

Possible Amendments

The DPC will distribute information on possible amendments as it becomes available.

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