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                                                       Calendar No. 214
107th Congress                                                   Report
                                 SENATE
 1st Session                                                     107-92

======================================================================



 
               INTELLIGENCE AUTHORIZATION ACT FOR FY 2002

                                _______
                                

                November 1, 2001.--Ordered to be printed

                                _______
                                

    Mr. Levin, from the Committee on Armed Services, submitted the 
                               following

                              R E P O R T

                         [To accompany S. 1428]

    The Committee on Armed Services, to which was referred the 
bill (S. 1428) to authorize appropriations for fiscal year 2002 
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. 1428 would authorize appropriations and other matters 
for Fiscal Year 2002 for intelligence activities of the United 
States, including certain Department of Defense intelligence-
related activities within the jurisdiction of the Senate Armed 
Services Committee.
    The Senate Select Committee on Intelligence reported the 
bill on September 14, 2001, and it was referred to the 
Committee on Armed Services in accordance with section 3(b) of 
Senate Resolution 400, 94th Congress.

                     SCOPE OF THE COMMITTEE REVIEW

    The committee has carefully reviewed the report of the 
Select Committee on Intelligence (S. Rept. 107-63) and has 
incorporated the relevant budget recommendations of the Senate 
Select Committee on Intelligence into S. 1438, the National 
Defense Authorization Act for Fiscal Year 2002, which the 
Senate passed on October 2, 2001.
    Recognizing that the Senate Select Committee on 
Intelligence drafted this legislation prior to September 11, 
2001, the committee review was influenced by the changed 
environment within which the Department of Defense 
intelligence-related activities must operate following the 
horrific terrorist attacks on the United States, and the 
subsequent, ongoing military operations and related national 
security efforts of the United States government.
    The following explains the committee's proposed amendment 
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.

General Defense Intelligence and National Reconnaissance Programs

    The report of the Senate Select Committee on Intelligence 
recommends reductions to the budget request for several 
important programs within the General Defense Intelligence 
Program (GDIP) and National Reconnaissance Program (NRP). Given 
the events that have transpired since the Senate Select 
Committee on Intelligence marked up S. 1428, the committee 
believes that these proposed reductions must be viewed from a 
significantly changed perspective. The committee's particular 
concerns about a number of the proposed reductions to the 
budget request are reflected in the classified annex to this 
report.
    The committee urges the conferees on the Intelligence 
Authorization Act for Fiscal Year 2002 to restore funding for 
these important GDIP and NRP programs that will support the war 
on terrorism and other critical defense intelligence 
activities.

Preparation and submittal of reports, reviews, studies and plans 
        relating to Department of Defense intelligence activities

    S. 1428, with its associated report (S. Rept. 107-63) and 
classified annex, contains numerous provisions requiring the 
preparation and submission of various reports, reviews, studies 
and plans concerning all facets of U.S. intelligence 
activities. Many of these reporting requirements include all, 
or elements of, Department of Defense intelligence-related 
activities over which the Senate Select Committee on 
Intelligence and Armed Services Committee share oversight. The 
committee believes that all relevant oversight committees 
should receive these important reports, and that the Department 
of Defense should be consulted in the conduct and preparation 
of such reports, reviews, studies and plans that involve 
Department of Defense intelligence-related activities. The 
committee proposes an amendment to S. 1428, as reported by the 
Senate Select Committee on Intelligence, that would clarify the 
requirement for consultation with appropriate defense officials 
and ensure that all relevant oversight committees are 
recipients of information on activities within their respective 
jurisdictions.

                            COMMITTEE ACTION

    In accordance with the Legislative Reorganization Act of 
1946, as amended by the Legislative Reorganization Act of 1970, 
the committee approved a motion to report favorably to the 
Senate S. 1428, with amendments.

                              FISCAL DATA

    The committee will publish in the Congressional Record 
information on five-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. 1428.

                        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.