For other versions of this document, see http://wikileaks.org/wiki/CRS-RL32601 ------------------------------------------------------------------------------ Order Code RL32601 CRS Report for Congress Received through the CRS Web Comparison of 9/11 Commission Recommended Intelligence Reforms, S. 2845, S. 2774, H.R. 5024, Administration Proposal, H.R. 10, Current Law Updated October 6, 2004 Alfred Cumming Specialist in Intelligence and National Security Foreign Affairs, Defense, and Trade Division Congressional Research Service ~ The Library of Congress Comparison of 9/11 Commission Recommended Intelligence Reforms, S. 2845, S. 2774, H.R. 5024, Administration Proposal, H.R. 10, Current Law Summary On July 22, 2004, the National Commission on Terrorist Attacks Upon the United States (also known as the 9/11 Commission) released its bipartisan, unanimous final report containing recommendations for far-reaching and fundamental changes to the United States Intelligence Community (IC). Almost 20 months after its creation by P.L. 107-306, the commission, as mandated by its founding legislation, attempted to present a full and complete accounting of the facts and circumstances surrounding the terrorist attacks of September 11, 2001, as well as recommendations for corrective measures that can be taken to help prevent acts of terrorism. Several Members of Congress also have proposed legislation to reform the IC. Senators Feinstein (S. 190), Bob Graham (S. 1520), Daschle (S. 6) and Roberts (S. draft bill of August 23, 2004) have introduced or proposed legislation that either directly, or as part of broader security proposals, contain a variety of IC reforms. Representative Harman (H.R. 4104) has introduced comprehensive intelligence reform legislation as did Representative Goss (H.R. 4584), before he was confirmed by the U.S. Senate as Director of Central Intelligence. This report, the second of two reports, presents side-by-side comparisons of the 9/11 Commission recommendations and current law and legislation proposed by Senators Collins and Lieberman (S. 2845) and unanimously approved by the Senate Governmental Affairs Committee on September 22, 2004, as amended; House Speaker Dennis Hastert (H.R. 10), as reported out be the House Committee on Rules; Senators McCain and Lieberman (S. 2774); Representative Pelosi (H.R. 5024); and President Bush. CRS Report RL32600 presents side-by-side comparisons of the 9/11 Commission recommendations and current law; and legislation proposed by Senators Feinstein, Bob Graham, Daschle, and Roberts; President Bush; and relevant provisions of current law. This report will be updated. Contents National Intelligence Director (NID) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 NID Budget Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Budget Authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Direct Appropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Budget Disclosure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Hire and Fire Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 IC Structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 FBI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 IC Management Structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Comparison of 9/11 Commission Recommended Intelligence Reforms, S. 2845, S. 2774, H.R. 5024, Administration Proposal, H.R. 10, Current Law Side-by-Side Comparison of Selected Intelligence Community Reform Proposals 9/11 Commission Collins/Lieberman McCain/Lieberman Pelosi Bush Hastert Current Law (S. 2845, approved, (S. 2774) (H.R. 5024) Administration (H.R. 10) as amended, by the (submitted Sept. Senate 16, 2004) Government Affs. Committee on 9/22/04.) National Intelligence Director (NID) Replace current Establishes within Establishes within the Establishes within Establishes within Establishes within Stipulates that there position of Director the Executive Executive Branch the the executive the executive the executive is a Director of of Central Branch the National National Intelligence office of the branch a branch a Central Intelligence with a Intelligence Authority, which President a presidentially presidentially Intelligence who Presidentially - Authority, which would be headed by a presidentially appointed, Senate appointed, Senate also heads CIA. appointed, Senate- would be headed by Presidentially appointed Senate confirmed NID. confirmed NID. confirmed NID. a Presidentially appointed, Senate confirmed NID. The NID located in appointed, Senate confirmed NID. the Executive confirmed NID. Office of the President. A separate Director would head the Central Intelligence Agency (CIA). CRS-2 9/11 Commission Collins/Lieberman McCain/Lieberman Pelosi Bush Hastert Current Law (S. 2845, approved, (S. 2774) (H.R. 5024) Administration (H.R. 10) as amended, by the (submitted Sept. Senate 16, 2004) Government Affs. Committee on 9/22/04.) Cabinet Member NID should not be No provision. No provision. No provision. No provision. No provision. No provision. cabinet member. General NID Responsibilities -- Oversee -- Head IC. -- Head IC. -- Head the IC. -- Head IC. -- Head IC. -- Head IC. national intelligence -- President's -- President's -- President's -- President's -- President's -- President's centers, on specific principal principal intelligence principal principal principal principal subjects of interest, intelligence advisor. advisor. intelligence intelligence advisor. intelligence advisor. intelligence advisor. including the -- Prohibited from -- Prohibited from advisor. -- Prohibited from -- Head CIA. proposed National serving serving -- Oversee serving Counterterrorism simultaneously as simultaneously as national simultaneously as Center (NCTC). CIA Director. CIA Director. intelligence CIA director. -- Oversee the ­-- Direct and centers. -- Manage and Intelligence oversee the oversee the NIP. Community (IC). National -- Individual -- President's Intelligence serving as CIA principal Program (NIP). Director preceding intelligence advisor. bill's enactment may be named NID. NID Tasking Responsibilities No provision. NID will issue and NID will direct and No provision. No provision. NID will determine DCI will provide manage collection manage tasking of will provide and overall direction for and analysis collection, analysis establish require- intelligence tasking. and dissemination of ments and direct the collection. national intelligence. tasking of collection analysis, production and dissemination. CRS-3 9/11 Commission Collins/Lieberman McCain/Lieberman Pelosi Bush Hastert Current Law (S. 2845, approved, (S. 2774) (H.R. 5024) Administration (H.R. 10) as amended, by the (submitted Sept. Senate 16, 2004) Government Affs. Committee on 9/22/04.) Internal Security Responsibilities ­ CIA Director NID should directly Retains current Retains current No provision. No provision Retains current CIA Director will oversee intelligence statutory statutory prohibition statutory have no police, collection inside the prohibition ­ CIA ­ CIA Director will prohibition ­ CIA subpoena, or law United States Director will have have no police, Director will have enforcement powers no police, subpoena, or law no police, or internal security subpoena, or law enforcement powers subpoena, or law functions. enforcement powers or internal security enforcement powers or internal security functions. or internal security functions. functions. NID Budget Responsibilities Budget Submission NID should submit NID will determine NID would develop No provision. No provision. NID will develop DCI will facilitate a unified budget for the annual budget an annual IC budget. an annual budget the development of national for intelligence and for intelligence and an annual budget intelligence. intelligence-related intelligence-related for intelligence and activities. activities. intelligence-related activities. Budget Development No NID will provide NID would direct, No provision. Subject to direction NID will provide DCI will participate recommendation. budget guidance to coordinate, prepare, of the President, the budget guidance to in the development intelligence modify and present NID, after intelligence by the SecDef of elements that annual budgets of the consultation with elements that annual JMIP and receive NIP elements of the IC the Sec. Def., will receive NIP TIARA budgets. funding, and to within the NIP; and ensure the NFIP funding, and to those IC elements provide guidance for budgets for IC those IC elements that do not; development annual agencies and that do not; will CRS-4 9/11 Commission Collins/Lieberman McCain/Lieberman Pelosi Bush Hastert Current Law (S. 2845, approved, (S. 2774) (H.R. 5024) Administration (H.R. 10) as amended, by the (submitted Sept. Senate 16, 2004) Government Affs. Committee on 9/22/04.) participate in the budgets for IC organizations within participate in the development by the elements not within the DoD are development by the SecDef of annual the NIP. adequate. The Sec SecDef of JMIP and budgets for military Def is will ensure TIARA budgets. intelligence that IC agencies programs not within the DoD included in the NIP satisfy needs of (Joint Military DoD. Intelligence (JMIP) and Tactical Intelligence and Related Activities (TIARA). NID Specific Authority for Budget Execution No NID will manage No provision. No provision. No provision. NID will ensure No provision. recommendation. and oversee NIP effective execution budget execution, of the budget for reprogramming, and intelligence and funds and personnel intelligence-related transfers. activities. NID will facilitate management and execution of NIP funding. Budget Authorities Budget Approval NID should approve NID will approve NID would determine NID should NID would develop NID will provide DCI approves CRS-5 9/11 Commission Collins/Lieberman McCain/Lieberman Pelosi Bush Hastert Current Law (S. 2845, approved, (S. 2774) (H.R. 5024) Administration (H.R. 10) as amended, by the (submitted Sept. Senate 16, 2004) Government Affs. Committee on 9/22/04.) all IC budgets. any portion of the the annual submit annual and determine an budget guidance to budgets of all IC budget for an IC intelligence budget, unified budgets for annual consolidated heads of elements before element within the including the review, national National Foreign departments incorporation into NIP. The budget of modification, and intelligence that Intelligence containing IC NFIP. The SecDef, agency with a approval of budgets reflect the Program budget. elements and to the in consultation with portion of NIP may of IC elements within priorities of the The NID would heads of the IC the DCI, ensure that not be provided the NIP, and provide National Security participate in the elements that DOD IC elements President unless budget guidance for Council and an development by the comprise are adequately NID has approved IC elements not appropriate Sec Def for the components of the funded. budget. NID will within the NIP. balance among President's approval NIP. NID will provide budget technical and of JMIP and provide budget guidance for IC human TIARA budget guidance to those agency not within intelligence requests. IC components not the NIP. NID collections within the NIP. would participate in methods and NID will participate the development by analysis. in the development the SecDef of the by the SecDef of annual budget for annual budgets for military intelligence the JMIP and programs. TIARA. Budget Reprogramming NID should have No NIP funds may Adheres to current The NID may NID would have No NIP funds may No NFIP funds may reprogramming be reprogrammed statute -- no NID reprogram NIP authority to transfer be reprogrammed be reprogrammed authority. without NID prior funds may be funds to meet any or reprogram NFIP without NID prior without DCI prior approval, except in reprogrammed unforeseen funds, as necessary, approval, except in approval, except in accordance with without NID prior priority. with OMB accordance with accordance with NID-issued approval, except in approval, and after NID-issued DCI-issued procedures. accordance with consultation with procedures. SecDef procedures. NID- affected agency will consult with issued procedures. heads and with the NID before CRS-6 9/11 Commission Collins/Lieberman McCain/Lieberman Pelosi Bush Hastert Current Law (S. 2845, approved, (S. 2774) (H.R. 5024) Administration (H.R. 10) as amended, by the (submitted Sept. Senate 16, 2004) Government Affs. Committee on 9/22/04.) Director of Central transferring or Intelligence, to the reprogramming extent CIA is JMIP funds. affected. Would monitor and consult with the Sec Def on reprogramming or transfer within, into, or out of JMIP and TIARA. Funds and Personnel Transfer No With OMB With OMB approval, The NID will NID would have With OMB Requires approval recommendation. approval, NID may NID may transfer establish authority to transfer approval, NID may from Director transfer or funds and personnel education and or reprogram NFIP transfer NIP funds OMB, and could reprogram NIP within the NIP if the training standards funds, as necessary, within the NIP; in occur for periods funds; approve or NID can show and facilitate with OMB accordance with up to a year. disapprove the transfer is to a higher assignments at approval, and after procedures transfer or priority intelligence national consultation with developed with reprogramming of activity, based on intelligence affected agency department heads, non-NIP funds to unforeseen centers and across heads and with the NID may transfer the NIP; in circumstances and intelligence Director of Central IC personnel for up accordance with does not involve agencies. Intelligence, to the to a year, and NID-developed funds from CIA's extent CIA is subject to procedures between Reserve for affected. Would appropriations act NID and affected Contingencies. monitor and consult provisions. agency heads, with the Sec Def on Fund/personnel transfer NIP-funded NID would be able to reprogramming or transfer must be to a personnel from one transfer personnel on transfer within, into, higher priority IC element to open ended basis or out of JMIP and intelligence activity, another; and, in between both NIP TIARA. based on unforeseen accordance with and non-NIP funded circumstances and CRS-7 9/11 Commission Collins/Lieberman McCain/Lieberman Pelosi Bush Hastert Current Law (S. 2845, approved, (S. 2774) (H.R. 5024) Administration (H.R. 10) as amended, by the (submitted Sept. Senate 16, 2004) Government Affs. Committee on 9/22/04.) mutually agreed intelligence elements. does not involve a upon procedures transfer of funds to between NID and the Reserve for affected agency Contingencies of heads, transfer non- the CIA; be less NIP funded than $1 million; less personnel from one than 5% of amounts IC element to available to agency; another IC element. and not terminate Such transfer may program. be made only if activity to which transfer being made is higher intelligence priority; does not involve funds transferred to NID Reserve for Contingencies; and does not exceed applicable ceilings established in law for such transfers. CRS-8 9/11 Commission Collins/Lieberman McCain/Lieberman Pelosi Bush Hastert Current Law (S. 2845, approved, (S. 2774) (H.R. 5024) Administration (H.R. 10) as amended, by the (submitted Sept. Senate 16, 2004) Government Affs. Committee on 9/22/04.) Agency Heads Objections to Fund and Personnel Transfers DNI should be No provision. No provision No provision. No provision. Transfer may be Permits agency permitted to transfer allowing agency head made without heads to stop DCI- funds and personnel affected by such a regard to $1 million initiated fund and within the IC over NID-initiated fund or and 5% limitations personnel transfers, the objection of personnel transfer to provided NID has provided they state agency heads. object. concurrence of objection in writing agency head. to the DCI. Personnel Transfer Procedures No For personnel NID required to No provision. No provision. NID required to Requires the DCI to recommendation. transfers taking develop transfer develop with develop transfer place within NIP- procedures for NIP agency heads procedures with funded programs, and non-NIP personnel transfer affected agency the NID would transfers with the procedures heads. develop procedures; affected agency governing IC for personnel heads. personnel transfers. transfers involving non-NIP funded programs, the NID and affected agency heads would develop procedures. CRS-9 9/11 Commission Collins/Lieberman McCain/Lieberman Pelosi Bush Hastert Current Law (S. 2845, approved, (S. 2774) (H.R. 5024) Administration (H.R. 10) as amended, by the (submitted Sept. Senate 16, 2004) Government Affs. Committee on 9/22/04.) FBI Funds & Personnel Transfers NID should be NID authorized to NID authorized to No provision. No provision. NID authorized to DCI is not authorized to transfer transfer transfer authorized to transfer funds/personnel to funds/personnel to funds/personnel to transfer funds/personnel and from the FBI's and from the FBI's and from the FBI's funds/personnel from the FBI. Office of Office of Office of from the FBI. Intelligence. Intelligence. Intelligence. Direct Appropriation NID Receives Direct Appropriation NID should receive NIP funds would be NIP funds would be NIP NIP funds Office of SecDef receives direct appropriation. appropriated to the appropriated to the appropriations will appropriated Management and appropriations for Currently the Sec National NID and be under the be made to the directly to NID. Budget will CIA and the Def receives the Intelligence NID's direct NID. Would be apportion all NIP national intelligence appropriation and Authority and be jurisdiction. responsible for funding to the NID. agencies ­ NSA, disburses to CIA under the NID's NFIP NGA, and NRO. and national direct jurisdiction. appropriations The Attorney intelligence "without regard to General receives the agencies. the accounts to funding for FBI's which national security appropriated." components. CRS-10 9/11 Commission Collins/Lieberman McCain/Lieberman Pelosi Bush Hastert Current Law (S. 2845, approved, (S. 2774) (H.R. 5024) Administration (H.R. 10) as amended, by the (submitted Sept. Senate 16, 2004) Government Affs. Committee on 9/22/04.) Budget Disclosure Overall national The President will The President will Declassify No provision. No provision. No provision. intelligence budget publicly disclose publicly disclose aggregate and budgets of after FY2005 the after FY2005 the appropriated component agencies aggregated amount aggregate requested amount for should be publicly of appropriations amount for intelligence. disclosed. requested by the intelligence and President for the intelligence-related NIP. activities and the aggregate amount The Congress will requested for each publicly disclose element or after FY2005 both component of the IC. the authorized and appropriated NIP The Congress will funding. Directs publicly disclose the NID to conduct after FY2005 the a study to assess the aggregate amount advisability of for intelligence and continued public intelligence-related disclosure of the activities both NIP budget. authorized and appropriated. Hire and Fire Authority NID should have Recommendation Recommendation NID has hire/fire Any Recommendation/ hire/fire...authority CIA Director authority. recommendation for Deputy NID and to approve and NID recommends to an appointment of CIA Director submit nominations NID will the President an head of an IC to the President for recommend to the individual for agency made by the NID will No provision. CRS-11 9/11 Commission Collins/Lieberman McCain/Lieberman Pelosi Bush Hastert Current Law (S. 2845, approved, (S. 2774) (H.R. 5024) Administration (H.R. 10) as amended, by the (submitted Sept. Senate 16, 2004) Government Affs. Committee on 9/22/04.) CIA, Defense President an nomination to fill President, will be recommend to the Intelligence Agency individual for Deputy NID and accompanied by an President (DIA), FBI nomination to serve Deputy National NID individuals for Intelligence Office, as CIA Director. Intelligence Director recommendation. nomination to serve National Security or Foreign Any appointment as Dep. NID and Agency (NSA), Intelligence (also by an agency head CIA Director. National serves as Director of within his agency, Reconnaissance CIA) must have NID Office (NRO), and concurrence. Homeland Security Information Analysis and Infrastructure DoD DoD DoD NID DCI Protection (IAIP). Concurrence/NSA, Concurrence/NSA, Concurrence/NSA, Concurrence/NSA, Concurrence/NSA, NRO and NGA NRO and NGA NRO and NGA NRO and NGA NRO and NGA NID will obtain NID seeks SecDef seeks NID Head of department SecDef will obtain concurrence of concurrence of concurrence in or agency having DCI concurrence on SecDef in SecDef in appointing or jurisdiction over the heads of NSA, NRO recommending recommending recommending to position will obtain and NGA, but nominees for NSA, nominees for NSA, the President heads NID concurrence in SecDef may NRO and NGA. NRO and NGA. May of NSA, NRO and appointing or proceed, but must NID may make make NGA. If NID recommending note DCI non- recommendation recommendations objects, SecDef nominees for NSA, concurrence. without SecDef without SecDef may not make NRO and NGA. If concurrence but concurrence but must appointment or NID does not must note non- note non- proceed with concur, vacancy concurrence. concurrence. recommendation. may not be filled or recommendation Concurrence/Other Concurrence/Other Consultation made to President Agencies Agencies (as the case may Other agency heads be). Consultation CRS-12 9/11 Commission Collins/Lieberman McCain/Lieberman Pelosi Bush Hastert Current Law (S. 2845, approved, (S. 2774) (H.R. 5024) Administration (H.R. 10) as amended, by the (submitted Sept. Senate 16, 2004) Government Affs. Committee on 9/22/04.) Other agency heads Other agency heads must consult with Consultation/Other Dept. Heads consult will obtain NID must seek NID NID in making Agencies with DCI on concurrence before concurrence in appointments. directors of DIA appointing or recommending INR, and DOE recommending for nominees for other intelligence units, appointment of intelligence but agency head individuals to fill appointments but decides. the positions of may make Under Secretary of recommendation to Defense for the President without Intelligence; Asst. NIC concurrence, but FBI Timely Notice Sec. Homeland must note non- Security for concurrence. Information FBI director gives Analysis; Director, DCI timely notice DIA; and the FBI's of FBI intelligence Exec. Asst. Dir. appointments. Agency head may proceed without NID concurrence, but must note to the President the NID's non-concurrence. Termination NID may recommend to the President the termination of any individual covered in this section of the CRS-13 9/11 Commission Collins/Lieberman McCain/Lieberman Pelosi Bush Hastert Current Law (S. 2845, approved, (S. 2774) (H.R. 5024) Administration (H.R. 10) as amended, by the (submitted Sept. Senate 16, 2004) Government Affs. Committee on 9/22/04.) draft bill, but must seek concurrence of department head and report non- concurrence to the President. Personnel Policy NID should set IC- NID urged to adopt NID urged to adopt NID will establish Provide, where NID will facilitate DCI required to wide personnel personnel policies personnel policies education and appropriate, for personnel rotation consult agency education and that duplicate that duplicate within training standards rotation of through the IC. heads in developing training standards within the IC the the IC the joint and facilitate personnel among IC IC personnel and facilitate joint officer officer management assignments at agencies, and to standards and assignments across management policies established national make such rotations qualifications. agency lines and at policies established by the Goldwater- intelligence a requirement to be Where appropriate, national intelligence by the Goldwater- Nichols Department centers and across considered for DCI should centers. Nichols Department of Defense national promotion. consider rotated of Defense Reorganization Act intelligence service in IC Reorganization Act of 1986; and that agencies. elements a factor to of 1986; and that personnel assigned to consider in senior personnel assigned the NID be promoted promotions. to the NID be at rates equivalent or promoted at rates better than provided equivalent or better by than provided by their home agencies. their home agencies. CRS-14 9/11 Commission Collins/Lieberman McCain/Lieberman Pelosi Bush Hastert Current Law (S. 2845, approved, (S. 2774) (H.R. 5024) Administration (H.R. 10) as amended, by the (submitted Sept. Senate 16, 2004) Government Affs. Committee on 9/22/04.) Information Sharing Technology Policies NID should The President will The President will NID should Establishes President will The National establish establish an establish an establish information-sharing establish a secure Security Council information information information network information standards. information sharing will develop technology network and secure and secure technology environment for the procedures for standards to information sharing information sharing standards to sharing of effective maximize info environment among environment among maximize info intelligence. NID information sharing. sharing and info all relevant Federal, all relevant Federal, sharing and info authorized to ensure security. State, tribal, and State, tribal, and local security. maximum local authorities, authorities, and availability of and and relevant private relevant private access to IC sector entities. sector entities. NID intelligence NID has authority has authority to set information; to set information information standards establish uniform standards throughout the IC. security standards throughout the IC. and common information technology standards. Advisory Council on Information Sharing No proposal. OMB will OMB will submit to No provision. No provision. No provision. No specific implement and congress a system provision. manage the design and information sharing implementation plan network across for information government. sharing. Establishes Establishes an an Advisory Council Executive Council on Information CRS-15 9/11 Commission Collins/Lieberman McCain/Lieberman Pelosi Bush Hastert Current Law (S. 2845, approved, (S. 2774) (H.R. 5024) Administration (H.R. 10) as amended, by the (submitted Sept. Senate 16, 2004) Government Affs. Committee on 9/22/04.) that will assist the Sharing comprised of OMB director in federal, state, tribal implementing and and local managing an governments to information sharing advise the President network. on implementation. IC Structure National Counterterrorism Center (NCTC) Should establish Establishes a Would establish a Establishes Establishes a Establishes a No provision. NCTC, housed in counterterrorism counterterrorism National National National the Executive center under the center under the Counterterrorism Counterterrorism Counterterrorism Office of the direction of a direction a Center, located in Center, whose Center within the President, and Presidentially Presidentially the Executive director will be Office of the NID; overseen by the nominated, Senate nominated, Senate Office of the appointed by the NID will appoint NID. Build on confirmed director. confirmed director. President and built president. Will director, who will existing Terrorist The center would be The center would be on the foundation conduct strategic report to the NID. Threat Integration placed in the placed in the of the Terrorist operational Assign roles and Center (TTIC). National National Intelligence Threat Integration planning for CT missions to lead Intelligence Authority, and its Center. will be a activities and be agencies; prohibited Authority, and its director would report center for joint primary analytic from directing the director would to the President. operational organization. execution of CT Center for joint report to the planning and joint operations. operational President through intelligence Directorate of planning and joint the NSC on against Intelligence intelligence, counterterrorism transnational established within staffed by operational terrorist NCTC; responsible personnel from planning, and to the organizations. within U.S. various agencies. NID on center Head will be government for CRS-16 9/11 Commission Collins/Lieberman McCain/Lieberman Pelosi Bush Hastert Current Law (S. 2845, approved, (S. 2774) (H.R. 5024) Administration (H.R. 10) as amended, by the (submitted Sept. Senate 16, 2004) Government Affs. Committee on 9/22/04.) Intelligence Aspects budgets and Presidential analyzing terrorism. programs and its nominated, Senate Pool all-source Directorates of TTIC Confirmed. TTIC analysis; perform Intelligence and strategic analysis Operations. NCTC The Terrorist Threat The Terrorist Threat and net assessment. prohibited from Integration Center Integration Center assigning operations would transfer to the would transfer to Operations Aspects responsibilities to Center. NCTC. specific Armed Perform joint Forces elements. planning; assign NSC would have no operations to lead direct supervisory agencies (State, authority over CIA, FBI, Defense). NCTC's joint Track plan operational implementation. activities. Disagreements over strategic plans between NCTC and agency heads resolved by President, not NSC. TTIC The Terrorist Threat Integration Center would transfer to the Center. CRS-17 9/11 Commission Collins/Lieberman McCain/Lieberman Pelosi Bush Hastert Current Law (S. 2845, approved, (S. 2774) (H.R. 5024) Administration (H.R. 10) as amended, by the (submitted Sept. Senate 16, 2004) Government Affs. Committee on 9/22/04.) Appointment Appointment Powers Appointment Powers Powers The center director The center director NCTC head will would have would have concur in choices concurrence concurrence authority of certain key CT authority in naming in naming heads of officials across heads of CT CT agencies across government. agencies across government. government. National Intelligence Centers Should establish The NID may The NID may No provision. No provision. No provision. No provision. centers on Weapons establish establish intelligence of Mass Destruction intelligence centers centers to address (WMD), int'l crime to address NSC- NSC-established and narcotics, established intelligence China/ East Asia, intelligence priorities. Middle East, priorities. Russia/Eurasia. Overseen by NID. Director of CIA CIA director should A Presidentially A Presidentially CIA director Establishes a Establishes DCI heads the IC focus on rebuilding nominated, Senate nominated, Senate should focus on Director of the CIA, Presidentially and CIA. Agency's analytic confirmed Director confirmed Director rebuilding appointed by the nominated, Senate and human heads the the heads the the Central Agency's analytic President, confirmed CIA intelligence Central Intelligence Intelligence Agency. and human confirmed by the director. NID collection Agency. The The director is intelligence Senate. would recommend capabilities. director is prohibited from collection to the President an prohibited from serving capabilities. individual for CRS-18 9/11 Commission Collins/Lieberman McCain/Lieberman Pelosi Bush Hastert Current Law (S. 2845, approved, (S. 2774) (H.R. 5024) Administration (H.R. 10) as amended, by the (submitted Sept. Senate 16, 2004) Government Affs. Committee on 9/22/04.) serving simultaneously as the nomination. simultaneously as NID. The Director the NID. also serves as Deputy National Intelligence Director for Foreign Intelligence. Paramilitary Operations DOD should No provision. Sense of Congress DOD should No provision. NID, in consultation No provision. assume from the that Sec Def should assume from the with SecDef and CIA responsibility have lead CIA responsibility CIA Director will for directing and responsibility for for directing and develop joint executing directing and executing procedures to paramilitary executing paramilitary deconflict operations, paramilitary operations, operations clandestine or operations, whether clandestine or involving DoD and covert. clandestine or covert. covert. CIA. Information Sharing Establish incentives The NID would The NID would The President will The NID will Establishes a No provision, per for sharing; restore appoint a Chief appoint a Chief determine establish an Community se, but the National better balance Information Officer Information Officer guidelines for interoperable Information Security Council between security who would develop would develop and acquiring, information-sharing Technology Officer will develop and shared an integrated implement an accessing, using, enterprise. to ensure procedures for knowledge. communications integrated and sharing of intelligence sharing. effective network among all information information about information sharing. elements of the IC, technology network individuals among and establish and develop an Federal, State, and standards for enterprise local government information architecture for the agencies, and with technology and IC. the private sector, communications. in a way that protects the CRS-19 9/11 Commission Collins/Lieberman McCain/Lieberman Pelosi Bush Hastert Current Law (S. 2845, approved, (S. 2774) (H.R. 5024) Administration (H.R. 10) as amended, by the (submitted Sept. Senate 16, 2004) Government Affs. Committee on 9/22/04.) privacy and civil liberties of those individuals. Information Revolution President should The President will The President will President should No provision. Establishes No provision. lead effort to bring establish a establish an lead effort to bring information-sharing national security decentralized, information sharing national security standards. institutions into distributed and network to promote institutions into information coordinated the sharing of information revolution. environment that terrorism revolution. connects existing information, in a systems where manner consistent appropriate, and with national security incorporate strong and the protection of mechanisms for privacy and civil information security liberties. and privacy guideline enforcement. Congressional Oversight Congress should No provision. Congress will not Congress will No provision. Sense of House that No provision. consider joint adjourn until, it establish either a Rules Committee S.Res. 400 -- still intelligence establishes, effective Joint Committee should act upon in effect today -- committee, or in the 109th Congress, on Intelligence or recommendations of created the Senate single committee in a joint intelligence a single standing Select Committee Select Committee each house, committee, or single committee in each on Homeland on Intelligence. combining committee in each House that would Security and other H.Res. 658 -- still authorizing and house, combining authorize and committees of in effect today -- appropriating. authorizing and appropriate funds existing jurisdiction created the House appropriating. for intelligence regarding Permanent Select CRS-20 9/11 Commission Collins/Lieberman McCain/Lieberman Pelosi Bush Hastert Current Law (S. 2845, approved, (S. 2774) (H.R. 5024) Administration (H.R. 10) as amended, by the (submitted Sept. Senate 16, 2004) Government Affs. Committee on 9/22/04.) and jurisdiction over Committee on counterterrorism proposed Intelligence. and conduct legislation. oversight. Homeland Security Congress should No specific Congress will not The House and No provision. Sense of House that No provision. create a single, provision on adjourn until it Senate will each Rules Committee principal point of principal establishes, effective determine how to should act upon oversight for congressional point. in the 109th Congress, provide a single, recommendations of homeland security. Would merge the a homeland security principal point of Select Committee Should be Homeland Security jurisdiction oversight for on Homeland permanent standing Council into the consolidated in a homeland security. Security and other committee with National Security single committee in committees of bipartisan staff. Council and add to each House. Would existing jurisdiction the NSC's functions merge the Homeland regarding the overseeing and Security Council into jurisdiction over reviewing the the National Security proposed Federal Council and add to legislation. Government's the NSC's functions homeland security the overseeing and policies. reviewing the Federal Government's homeland security policies. FBI The FBI should The FBI Director The FBI Director will Directs Attorney No provision. FBI Director may No provision. create a specialized will develop and develop and maintain General to establish and train and integrated maintain a a specialized and establish a an FBI national security specialized and integrated national specialized and Investigation CRS-21 9/11 Commission Collins/Lieberman McCain/Lieberman Pelosi Bush Hastert Current Law (S. 2845, approved, (S. 2774) (H.R. 5024) Administration (H.R. 10) as amended, by the (submitted Sept. Senate 16, 2004) Government Affs. Committee on 9/22/04.) workforce integrated national security workforce integrated national Reserve Service. consisting of agents, security workforce consisting of agents, security workforce analysts, linguists, consisting of agents, analysts, linguists, at the FBI. and surveillance analysts, linguists, and surveillance specialists with a and surveillance specialists. deep expertise in specialists. intelligence and national security. Homeland Defense DOD Aspects DOD and its No provision. No provision. No provision. No provision. Sense of Congress No provision. oversight that SecDef should committees should regularly assess regularly assess adequacy of adequacy of Northern Northern Command Command's plans strategies and to respond to all planning to defend military and the U.S. against paramilitary threats military threats. within the U.S. Dept. of Homeland Security Aspects The Dept. of No provision. No provision. No provision. No provision. Would establish No provision. Homeland Security within Department and its oversight of Homeland committees should Security an Office regularly assess of Counternarcotics types of threats to Enforcement U.S. and determine headed by a CRS-22 9/11 Commission Collins/Lieberman McCain/Lieberman Pelosi Bush Hastert Current Law (S. 2845, approved, (S. 2774) (H.R. 5024) Administration (H.R. 10) as amended, by the (submitted Sept. Senate 16, 2004) Government Affs. Committee on 9/22/04.) adequacy of Presidentially protection plans and nominated, Senate response readiness. confirmed head. IC Management Structure NID Deputies The NID should Establishes a Establishes a Establishes three Establishes a Establishes a Establishes have three deputies: Presidentially Presidentially deputies: Director Presidentially- Deputy NID; a Presidentially- foreign intelligence appointed, Senate appointed, Senate of CIA; Under nominated, Senate Deputy NID for nominated, Senate- (CIA head); defense confirmed Principal confirmed Principal Secretary of confirmed Deputy Operations; a confirmed Deputy intelligence (under Deputy National Deputy National Defense for NID. Not more Deputy NID for DCI. secretary of defense Intelligence Intelligence Director. Intelligence; than one of the Community for intelligence);and Director. Under Secretary of individuals serving Management; and homeland Homeland as NID or Deputy three Associate intelligence (FBI's Security for NID may be a NIDs for Military exec. asst. dir. or Information commissioned Support; Domestic under secretary. of Analysis and officer of the Security; and homeland security Infrastructure Armed Forces, Diplomatic Affairs. for info. analysis Protection. whether active or and infrastructure retired status. protection). Deputy Director of Central Intelligence For Community Management Recommends No provision. No provision. No provision. No provision. No provision. There is the position eliminating the for Deputy Director position. of Central Intelligence for Community Management. CRS-23 9/11 Commission Collins/Lieberman McCain/Lieberman Pelosi Bush Hastert Current Law (S. 2845, approved, (S. 2774) (H.R. 5024) Administration (H.R. 10) as amended, by the (submitted Sept. Senate 16, 2004) Government Affs. Committee on 9/22/04.) Deputy DNIs for Operations & Resources No No provision. No provision. No provision. No provision. Establishes Deputy No provision. recommendation. NID for Operations. Associate Directors of Central Intelligence No No provision. No provision. No provision. No provision. No provision. No provision. recommendation. Assistant Directors of Central Intelligence No recommendation Eliminates the Eliminates the No provision. No provision. Eliminates the No provision. positions of positions of Assistant positions of Assistant Directors Directors of Central Assistant Directors of Central Intelligence for of Central Intelligence for Collection; Analysis Intelligence for Collection; Analysis and Production; and Collection; Analysis and Production; and Administration. and Production; and Administration. Administration. Assistant Directors of National Intelligence No recommendation Establishes no more Establishes a Deputy No provision. No provision. Establishes three There are assistant than four Deputy NIDs for Foreign associate NIDs for directors of central National intelligence; Defense Military Support; intelligence for Intelligence Intelligence; Domestic Security; collection; analysis Directors. homeland and Diplomatic and production; intelligence. Affairs. administration. CRS-24 9/11 Commission Collins/Lieberman McCain/Lieberman Pelosi Bush Hastert Current Law (S. 2845, approved, (S. 2774) (H.R. 5024) Administration (H.R. 10) as amended, by the (submitted Sept. Senate 16, 2004) Government Affs. Committee on 9/22/04.) Senior Advisor to the DNI for Homeland Security No No provision. No provision. No provision. No provision. No provision. No provision. recommendation. General Counsel and Inspector General No Establishes a Establishes a No provision. No provision. Establishes General There is an a recommendation. Presidentially Presidentially Counsel to the NID. General Counsel appointed, Senate appointed, Senate and Inspector Confirmed General Confirmed General General for the Counsel and Counsel and Inspec- CIA. Inspector General tor General under the under the National National Intelligence Intelligence Authority. Authority. Privacy and Civil Liberties Oversight Board/Officer for Civil Rights and Civil Liberties/Privacy and Civil Liberties Officers Recommends the Establishes a civil Establishes a civil Recommends the No provision. Establishes Civil No provision. establishment of a liberties board; the liberties board; the establishment of a Liberties Protection board within the position of Officer position of Officer board within the Officer to ensure executive branch to for Civil Rights and for Civil Rights and executive branch protection of civil ensure adherence to Civil Liberties to Civil Liberties to to ensure liberties. civil liberties assist the NID in assist the NID in adherence to civil guidelines. protecting civil protecting civil rights liberties rights and liberties; and liberties; and guidelines. and civil liberties civil liberties officers officers in various in various IC IC agencies. agencies. CRS-25 9/11 Commission Collins/Lieberman McCain/Lieberman Pelosi Bush Hastert Current Law (S. 2845, approved, (S. 2774) (H.R. 5024) Administration (H.R. 10) as amended, by the (submitted Sept. Senate 16, 2004) Government Affs. Committee on 9/22/04.) Privacy Officer of the National Intelligence Authority No Establishes a Establishes a privacy No provision. No provision. No provision. No provision. recommendation. privacy officer of officer of the NID to the NID to assure assure that use of that use of technologies sustain, technologies and do not erode, sustain, and do not privacy protections erode, privacy relating to use, protections relating collection, and to use, collection, disclosure of personal and disclosure of information. personal information. Chief Human Capital Officer No recommendation Establishes a NID No provision. No provision. No provision. No provision. No provision. appointed Chief Human Capital Officer to advise with respect to the IC's workforce. National Counterintelligence Executive No Establishes the No provision. No provision. No provision. No provision. No provision. recommendation. National Counterintelligence Executive as a component of the National Intelligence CRS-26 9/11 Commission Collins/Lieberman McCain/Lieberman Pelosi Bush Hastert Current Law (S. 2845, approved, (S. 2774) (H.R. 5024) Administration (H.R. 10) as amended, by the (submitted Sept. Senate 16, 2004) Government Affs. Committee on 9/22/04.) Authority. Ombudsman of the National Intelligence Authority No Establishes an No provision. No provision. No provision. No provision. No provision. recommendation. ombudsman of the National Intelligence Authority to serve as an independent, informal, and confidential counselor for those with complaints about politicization, biased reporting, or lack of objective analysis within the Authority. National Intelligence Council for Alternative Analysis No No provision. No provision. No provision. No provision. Does No provision. No provision. recommendation. establish, however, a National Intelligence Council with the NID's office, to produce national intelligence estimates and alternative views held by IC agencies, whenever CRS-27 9/11 Commission Collins/Lieberman McCain/Lieberman Pelosi Bush Hastert Current Law (S. 2845, approved, (S. 2774) (H.R. 5024) Administration (H.R. 10) as amended, by the (submitted Sept. Senate 16, 2004) Government Affs. Committee on 9/22/04.) appropriate. Joint Tasking Organization No No provision. No provision. No provision. No provision. No provision. No provision. recommendation. Joint Intelligence Comptroller No Establishes an Establishes an No provision. No provision. No provision. No provision. recommendation. Intelligence Intelligence Comptroller to Comptroller to assist assist the NID in the NID in budget budget preparation preparation and and execution. execution. Joint Acquisition Office No No provision. No provision. No provision. No provision. No provision. No provision. recommendation. CRS-28 9/11 Commission Collins/Lieberman McCain/Lieberman Pelosi Bush Hastert Current Law (S. 2845, approved, (S. 2774) (H.R. 5024) Administration (H.R. 10) as amended, by the (submitted Sept. Senate 16, 2004) Government Affs. Committee on 9/22/04.) National Intelligence Reserve Corps No Establishes a No provision. No provision. No provision. NID will conduct a No provision. recommendation. National pilot project to Intelligence Reserve establish a Civilian Corps for temporary Linguist Reserve re-employment on a Corps comprised of voluntary basis of U.S. citizens with former IC needed foreign employees. language capabilities. Joint Military Intelligence Program (JMIP) No No provision. Eliminates the JMIP. No provision. No provision. No provision. No provision. recommendation. Chief Financial Officer No Would establish a No provision. No provision. No provision. No provision. No provision. recommendation. Chief Financial Officer. GAO Report Requirement No Would require the No provision. No provision. No provision. No provision. No provision. recommendation. GAO to issue a progress report on reform two years after enactment. Language CIA Director CIA Director CIA Director should CIA Director No provision. Recommends a No provision. should build a should develop and develop a stronger should develop a series of language stronger language maintain an language program. stronger language reforms, including program. effective language program. improvements to CRS-29 9/11 Commission Collins/Lieberman McCain/Lieberman Pelosi Bush Hastert Current Law (S. 2845, approved, (S. 2774) (H.R. 5024) Administration (H.R. 10) as amended, by the (submitted Sept. Senate 16, 2004) Government Affs. Committee on 9/22/04.) the National Flagship Language Initiative and establishment of a language scholarship program. National Intelligence Definition No No provision. No provision. No provision. No provision. Revises definition No provision. recommendation. of national intelligence to refer to all intelligence, regardless of source, pertaining to threats to the U.S.; WMD; and any other matter bearing on U.S. security. ------------------------------------------------------------------------------ For other versions of this document, see http://wikileaks.org/wiki/CRS-RL32601