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 September 28, 2004
Alfred Cumming
Specialist in Intelligence and National Security
Foreign Affairs, Defense, and Trade Division
Congressional Research Service ˜ The Library of Congress

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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); 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.

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Contents
National Intelligence Director (NID) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Budget Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Budget Authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Direct Appropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Budget Disclosure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Hire and Fire Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
IC Structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
FBI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
IC Management Structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

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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).

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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
centers.
— Execute and
Intelligence
direct the National
Community (IC).
Intelligence
— President’s
Program.
principal
— Individual
intelligence advisor.
serving as CIA
Director preceding
bill’s enactment
may be named NID.
Internal Security Responsibilities
NID should directly
Retains current
Retains current
No provision.
No provision CIA
Director shall
CIA Director shall
oversee intelligence
statutory
statutory prohibition
have no police,
have no police,
collection inside the
prohibition
preventing CIA
subpoena, or law
subpoena, or law
United States
preventing CIA
director from
enforcement powers
enforcement powers
director from
exercising internal
or internal security
or internal security
exercising internal
security functions.
functions.
functions.
security functions.

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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.)
Budget Responsibilities
Budget Submission
NID should submit
NID would
NID would develop
No provision.
No provision. NID
would
develop
DCI facilitates the
a unified budget for
determine the
an annual IC budget.
an annual IC
development of an
national
annual budget for
budget.
annual intelligence
intelligence.
intelligence and
budget.

intelligence-related
activities.
Budget Development
No
NID would provide
NID would direct,
No provision.
Subject to direction
NID would provide
No provision.
recommendation.
budget guidance to
coordinate, prepare,
of the President, the
budget guidance to
intelligence
modify and present
NID, after
heads of
elements that
annual budgets of the
consultation with
departments
receive National
elements of the IC
the Sec. Def., shall
containing IC
Intelligence
within the NIP; and
ensure the NFIP
elements and to the
Program (NIP)
provide guidance for
budgets for IC
heads of the IC
funding, and those
development annual
agencies and
elements. NID
intelligence
budgets for IC
organizations within
would participate in
elements that do
elements not within
the DoD are
the development by
not; participate in
the NIP.
adequate. The Sec
the SecDef for the
the development by
Def is shall ensure
JMIP and TIARA
the SecDef of
that IC agencies
budgets.
annual budgets for
within the DoD
military intelligence
satisfy needs of
programs not
DoD.
included in the NIP.

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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.)
Specific Authority for Budget Execution
No
Manage and
No provision.
No provision.
No provision.
Ensure effective
No provision.
recommendation.
oversee NIP budget
execution of the
execution,
budget for
reprogramming, and
intelligence and
funds and personnel
intelligence-related
transfers.
activities.
Budget Authorities
Budget Approval
NID should approve
NID would approve
NID would determine
NID should
NID would develop
NID would provide
DCI approves
all IC budgets.
budgets of all NIP
the annual
submit annual
and determine an
budget guidance to
budgets of all IC
funded elements
intelligence budget,
unified budgets for
annual consolidated
heads of
elements before
and guide annual
including the review,
national
National Foreign
departments
incorporation into
budget development
modification, and
intelligence that
Intelligence
containing IC
NFIP. The SecDef,
for non-NIP funded
approval of budgets
reflect the
Program budget.
elements and to the
in consultation with
intel. programs,
of IC elements within
priorities of the
The NID would
heads of the IC
the DCI, ensure that
including
the NIP, and provide
National Security
participate in the
elements. NID
DOD IC elements
participating in the
budget guidance for
Council and an
development by the
would participate in
are adequately
development by the
IC elements not
appropriate
Sec Def for the
the development by
funded.
SecDef of the
within the NIP.
balance among
President’s approval
the SecDef for the
annual budget for
technical and
of JMIP and
JMIP and TIARA
military intelligence
human
TIARA budget
budgets.
programs. SecDef
intelligence
requests.
would “assist the
collections
NID in ensuring”
methods and
DoD IC elements
analysis.
are funded.

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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.)
Budget Reprogramming
NID should have
Adheres to current
Adheres to current
The NID may
NID would have
Adheres to current
No NFIP funds may
reprogramming
statute — no NID
statute — no NID
reprogram NIP
authority to transfer
statute — no NID
be reprogrammed
authority.
funds may be
funds may be
funds to meet any
or reprogram NFIP
funds may be
without DNI prior
reprogrammed
reprogrammed
unforeseen
funds, as necessary,
reprogrammed
approval, except in
without NID prior
without NID prior
priority.
with OMB
without NID prior
accordance with
approval, except in
approval, except in
approval, and after
approval, except in
DCI-issued
accordance with
accordance with
consultation with
accordance with
procedures.
NID-issued
NID-
affected agency
NID-issued
procedures.
issued procedures.
heads and with the
procedures. SecDef
Agency heads must
Director of Central
would consult with
consult with the
Intelligence, to the
NID before
NID before
extent CIA is
transferring or
reprogramming or
affected. Would
reprogramming
transferring non-
monitor and consult
JMIP funds.
NIP funding
with the Sec Def on
between IC
reprogramming or
elements. NID
transfer within, into,
must consult
or out of JMIP and
Agency heads
TIARA.
regarding NIP
reprogrammings,
and report to
Congress any non-
concurrence on part
of agency head.

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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.)
Funds and Personnel Transfer
No
With OMB
With OMB approval,
The NID shall
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 fund to
unforeseen
centers and across
heads and with the
NID may transfer
the NIP; transfer
circumstances and
intelligence
Director of Central
IC personnel for up
NIP-funded
does not involve
agencies.
Intelligence, to the
to a year, and
personnel from one
funds from CIA’s
extent CIA is
subject to
IC element to
Reserve for
affected. Would
appropriations act
another; and, in
Contingencies.
monitor and consult
provisions.
accordance with
with the Sec Def on
Fund/personnel
mutually agreed
NID would be able to
reprogramming or
transfer must be to a
upon with the
transfer personnel on
transfer within, into,
higher priority
affected agency
open ended basis
or out of JMIP and
intelligence activity,
heads, transfer non-
between both NIP
TIARA.
based on unforeseen
NIP funded
and non-NIP funded
circumstances and
personnel from one
intelligence elements.
does not involve
IC element to
funds from CIA’s
another IC element.
Reserve for
Contingencies; be
less than $1 million;
less than 5% of
amounts available
to agency; and not
terminate program.

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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.)
Agency Heads Objections to Fund and Personnel Transfers
DNI should be
No provision.
No provision
No provision.
No provision.
Transfer may be
Would allow
permitted to transfer
allowing agency head
made without
agency heads to
funds and personnel
affected by such a
regard to $1 million
stop DCI-initiated
within the IC over
NID-initiated fund or
and 5% limitations
transfers, so long as
the objection of
personnel transfer to
provided NID has
they state objection
agency heads.
object.
concurrence of
in writing to the
agency head.
DCI.
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 procedures,
and non-NIP
personnel transfer
affected agency
the NID would
transfers with the
procedures
heads.
develop procedures;
affected agency
governing IC
for those in non-
heads.
personnel transfers.
NIP funded
programs, the NID
and affected agency
heads would
develop procedures.

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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.)
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
National Intelligence Director Receives Direct Appropriation
NID should receive
NIP funds would be
NIP funds would be
NIP
NIP funds
Office of
DCI does not
direct appropriation. appropriated to the
appropriated to the
appropriations
appropriated
Management and
receive direct
Currently the Sec
National
NID and be under the
shall be made to
directly to NID.
Budget apportion
appropriation.
Def receives the
Intelligence
NID’s direct
the NID. Would
all NIP funding to
appropriation and
Authority and be
jurisdiction.
be responsible for
the NID.
disburses to CIA
under the NID’s
NFIP
and national
direct jurisdiction.
appropriations
intelligence
“without regard to
agencies.
the accounts to
which
appropriated.”

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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.)
Budget Disclosure
Overall national
The President shall
The President shall
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 shall
requested for each
publicly disclose
element or
after FY2005 both
component of the IC.
the authorized and
appropriated NIP
The Congress shall
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
No DCI hire/fire
hire/fire...authority
authority.
recommendation for
authority within the
to approve and
NID recommends to
NID recommends to
an appointment of
NID recommends
IC; However,
submit nominations
the President an
the President an
head of an IC
to the President
provision calls for
to the President for
individual for
individual for
agency made by the
individuals for
concurrence and

---

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.)
CIA, Defense
nomination to serve
nomination to fill
President, shall be
nomination to serve
consultation on
Intelligence Agency
as Director of CIA.
Deputy NID and
accompanied by an
as Dep NID and
personnel
(DIA), FBI
Deputy National
NID
CIA Director.
selections.
Intelligence Office,
Intelligence Director
recommendation.
National Security
or Foreign
Any appointment
Agency (NSA),
Intelligence (also
by an agency head
National
serves as Director of
within his agency,
Reconnaissance
CIA)
must have NID
Office (NRO), and
concurrence.
Homeland Security
Information
Concurrence/DoD
Concurrence/DoD
Concurrence/DoD
Concurrence
Analysis and
Infrastructure
NID seeks
NID seeks
SecDef seeks NID
DCI/SecDef
Protection (IAIP).
concurrence of
concurrence of
concurrence in
concurrence on
SecDef in
SecDef in
appointing or
heads of NSA, NRO
recommending
recommending
recommending to
and NGA, but
nominees for NSA,
nominees for NSA,
the President heads
SecDef can
NRO and NGA.
NRO and NGA. May
of NSA, NRO and
override.
May make
make
NGA. If NID
recommendation
recommendations
objects, SecDef
without SecDef
without SecDef
may not make
concurrence but
concurrence but must
appointment or
must note non-
note non-
proceed with
concurrence.
concurrence.
recommendation.
Concurrence/Other
Concurrence/Other
Consultation
Consultation
Agencies
Agencies
Other agency heads
Dept. Heads consult
Other agency heads
Other agency heads
must consult with
with DCI on
must seek NID
must seek NID
NID in making
directors of DIA
concurrence in
concurrence in
appointments.
INR, and DOE
recommending
recommending
intelligence units,

---

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.)
nominees for other
nominees for other
but agency head
intel. appointments
intelligence
decides.
but may make
appointments but
recommendation to
may make
the President
recommendation to
without NID
the President without
FBI Timely Notice
concurrence, but
NIC concurrence, but
must note non-
must note non-
concurrence.
concurrence.
FBI director gives
DCI timely notice
Termination
of FBI intelligence
appointments.
NID may
recommend to the
President the
termination of any
individual covered
in this section of the
draft bill, but must
seek concurrence of
department head
and report non-
concurrence to the
President.

---

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.)
Personnel Policy
NID should set IC-
NID urged to adopt
NID urged to adopt
NID shall
Provide, where
NID shall facilitate
DCI required to
wide personnel
personnel policies
personnel policies
establish
appropriate, for
personnel rotation
consult agency
education and
that duplicate
that duplicate within
education and
rotation of
through the IC.
heads in developing
training standards
within the IC the
the IC the joint
training standards
personnel among IC
IC personnel
and facilitate
joint officer
officer management
and facilitate
agencies, and to
standards and
assignments across
management
policies established
assignments at
make such rotations
qualifications.
agency lines and at
policies established
by the Goldwater-
national
a requirement to be
Where appropriate,
national intelligence
by the Goldwater-
Nichols Department
intelligence
considered for
DCI should
centers.
Nichols Department
of Defense
centers and across
promotion.
consider rotated
of Defense
Reorganization Act
national
service in IC
Reorganization Act
of 1986; and that
intelligence
elements a factor to
of 1986; and that
personnel assigned to
agencies.
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.
Information Sharing Technology Policies
NID should
The President shall
The President shall
NID should
Establishes
NID authorized to
The National
establish
establish an
establish an
establish
information-sharing
ensure maximum
Security Council
information
information
information network
information
standards.
availability of and
shall develop
technology
network and secure
and secure
technology
access to IC
procedures for
standards to
information sharing
information sharing
standards to
intelligence
effective
maximize info
environment among
environment among
maximize info
information;
information sharing.
sharing and info
all relevant Federal,
all relevant Federal,
sharing and info
establish uniform
security.
State, tribal, and
State, tribal, and local
security.
security standards
local authorities,
authorities, and
and common

---

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.)
and relevant private
relevant private
information
sector entities.
sector entities. NID
technology
NID has authority
has authority to set
standards.
to set information
information standards
standards
throughout the IC.
throughout the IC.
Advisory Council on Information Sharing
No proposal.
OMB shall
OMB shall 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
that shall 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
Would establish 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

---

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.)
Office of the
direction a
direction a
Center, located in
Center, whose
Center within the
President, and
Presidentially
Presidentially
the Executive
director shall be
Office of the NID;
overseen by the
nominated, Senate
nominated, Senate
Office of the
appointed by the
NID shall 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
Provide strategic
Center (TTIC).
National
National Intelligence
Threat Integration
planning for CT
guidance and plans
Intelligence
Authority, and its
Center. Shall be a
activities and be
for CT operations;
Authority, and its
director would report
center for joint
primary analytic
prohibited from
director would
to the President.
operational
organization.
directing the
Center for joint
report to the
planning and joint
execution of CT
operational
President through
intelligence
operations.
planning and joint
the NSC on
against
Directorate of
intelligence,
counterterrorism
transnational
Intelligence
staffed by
operational
terrorist
established within
personnel from
planning, and to the
organizations.
NCTC; responsible
various agencies.
NID on center
Head will be
within U.S.
budgets and
Presidential
government for
Intelligence Aspects
programs and its
nominated, Senate
analyzing terrorism.
Directorates of
Confirmed.
Pool all-source
Intelligence and
TTIC
TTIC
analysis; perform
Operations. NCTC
strategic analysis
prohibited from
The Terrorist Threat
The Terrorist Threat
and net assessment.
assigning operations
Integration Center
Integration Center
responsibilities to
would transfer to the
would transfer to
Operations Aspects
specific Armed
Center.
NCTC.
Forces elements.
Perform joint
NSC would have no
planning; assign
direct supervisory
operations to lead
authority over
agencies (State,
NCTC’s joint
CIA, FBI, Defense).
operational

---

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.)
Track plan
activities.
implementation.
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.
Appointment Powers
Appointment
Appointment
Powers
Powers
The center director
would have
NCTC head shall
The center director
concurrence authority
concur in choices
would have
in naming heads of
of certain key CT
concurrence
CT agencies across
officials across
authority in naming
government.
government.
heads of CT
agencies across
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

---

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.)
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
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 shall
for directing and
responsibility for
for directing and
develop joint
executing
directing and
executing
procedures to
paramilitary
executing
paramilitary
deconflict

---

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.)
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
The NID shall
Establishes a
No provision, per
for sharing; restore
appoint a Chief
appoint a Chief
shall 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
shall 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
privacy and civil
liberties of those
individuals.
Information Revolution
President should
The President shall
The President shall
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

---

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.)
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 shall not
Congress shall
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
and
jurisdiction over
Committee on
counterterrorism
proposed
Intelligence.
and conduct
legislation.
oversight.
Homeland Security
Congress should
No specific
Congress shall not
The House and
No provision.
Sense of House that
No provision.
create a single,
provision on
adjourn until it
Senate shall 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

---

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.)
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
Directs Attorney
No provision.
FBI Director may
No provision.
create a specialized
shall develop and
shall develop and
General to
establish and train
and integrated
maintain a
maintain a
establish a
an FBI
national security
specialized and
specialized and
specialized and
Investigation
workforce
integrated national
integrated national
integrated national
Reserve Service.
consisting of agents,
security workforce
security workforce
security workforce
analysts, linguists,
consisting of agents,
consisting of agents,
at the FBI.
and surveillance
analysts, linguists,
analysts, linguists,
specialists with a
and surveillance
and surveillance
deep expertise in
specialists.
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.

---

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.)
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
an Office of
committees should
Counternarcotics
regularly assess
Enforcement
types of threats to
headed by a
U.S. and determine
Presidentially
adequacy of
nominated, Senate
protection plans and
confirmed head.
response readiness.
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.

---

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.)
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.
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

---

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.)
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.
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.

---

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.)
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.
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

---

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.)
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
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.

---

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.)
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
appropriate.
Joint Tasking Organization
No
No provision.
No provision.
No provision.
No provision.
No provision.
No provision.
recommendation.

---

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.)
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.
National Intelligence Reserve Corps
No
Establishes a
No provision.
No provision.
No provision.
No provision. No
provision.
recommendation.
National
Intelligence Reserve
Corps for temporary
re-employment on a
voluntary basis of
former IC
employees.
Joint Military Intelligence Program (JMIP)
No
No provision.
Eliminates the JMIP.
No provision.
No provision.
No provision. No
provision.
recommendation.

---

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.)
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
No provision.
should build a
should develop and
develop a stronger
should develop a
several language
stronger language
maintain an
language program.
stronger language
reforms.
program.
effective language
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.

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