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                                                       Calendar No. 476
109th Congress                                                   Report
 2d Session                                                     109-265




                 June 21, 2006.--Ordered to be printed


    Mr. Warner, from the Committee on Armed Services, submitted the 

                              R E P O R T

                         [To accompany S. 3237]

    The Committee on Armed Services, to which was referred the 
bill (S. 3237) 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 and recommends that the 
bill do pass.

                          PURPOSE OF THE BILL

    S. 3237 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 May 25, 2006, and it was referred to the Committee on 
Armed Services on May 25, 2006, in accordance with section 3(b) 
of S. Res. 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 5 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 2007 and the Senate report 
accompanying S. 3237 (S. Rept. 109-259). 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 2007.
    The following explains the committee's clarification to the 
report issued by the Senate Select Committee on Intelligence.

Sense of Congress on 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 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 
report accompanying S. 2766 (S. Rept. 109-254) of the National 
Defense Authorization Act for Fiscal Year 2007. 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

    Vote: Adopted by voice vote on June 21, 2006.

                              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. 3237, 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.