Comparison of 9/11 Commission Recommended Intelligence Reforms, Roberts Draft Bill, H.R. 4104, S. 190, S. 1520, S. 6, H.R. 4584, and Current Law

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 (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 first of two reports, presents side-by-side comparisons of the 9/11 Commission recommendations and legislation proposed by Senators Feinstein, Bob Graham, Daschle, and Roberts; and Representatives Harman and Goss, and relevant provisions of current law.

A second report ( CRS Report RL32601(pdf) ) presents a side-by-side comparison of the 9/11 Commission recommendations and legislation proposed by Senators Collins, Lieberman, and McCain; President Bush; and relevant provisions of current law.

This report will be updated.

Order Code RL32600 CRS Report for Congress Received through the CRS Web Comparison of 9/11 Commission Recommended Intelligence Reforms, Roberts Draft Bill, H.R. 4104, S. 190, S. 1520, S. 6, H.R. 4584, and Current Law Updated October 6, 2004 /name redacted/ 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, Roberts Draft Bill, H.R. 4104, S. 190, S. 1520, S. 6, H.R. 4584, and 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 (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 first of two reports, presents side-by-side comparisons of the 9/11 Commission recommendations and legislation proposed by Senators Feinstein, Bob Graham, Daschle, and Roberts; and Representatives Harman and Goss, and relevant provisions of current law. A second report (CRS Report RL32601) presents a side-by-side comparison of the 9/11 Commission recommendations and legislation proposed by Senators Collins, Lieberman, and McCain; President Bush; and relevant provisions of current law. This report will be updated. Contents National Intelligence Director (NID) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 NID Budget Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 NID 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, Roberts Draft Bill, H.R. 4104, S. 190, S. 1520, S. 6, H.R. 4584, and Current Law Side-by-Side Comparison of Selected Intelligence Community Reform Proposals 9/11 Commission Roberts (S. draft bill of August 23, 2004) Harman (H.R. 4104) Feinstein (S. 190), Bob Graham (S. 1520), Daschle (S. 6) Goss (H.R. 4584) Current Law Comparable provision, except NID would be named Director of National Intelligence (DNI). Not located in the Executive Office of the President. Comparable provision, except NID would be named Director of National Intelligence (DNI). Not located in the Executive Office of the President. [S. 6, unlike S. 190 and S. 1520, establishes a tenyear term for the DNI.] Establishes Presidentiallyappointed, Senateconfirmed position Director of Central Intelligence (DCI) who would also head CIA. Stipulates that there is a Director of Central Intelligence who also heads CIA. National Intelligence Director (NID) Replace current position of Director of Central Intelligence with a Presidentially appointed, Senateconfirmed NID. The NID located in the Executive Office of the President. A separate Director would head the Central Intelligence Agency (CIA). Creates a NID, who is Presidentially appointed and Senate confirmed. Will head a fully restructured Intelligence Community to be called the National Intelligence Service. CRS-2 9/11 Commission Roberts (S. draft bill of August 23, 2004) Harman (H.R. 4104) Feinstein (S. 190), Bob Graham (S. 1520), Daschle (S. 6) Goss (H.R. 4584) Current Law No provision. No provision. Sense of Congress that DNI should be cabinetlevel officer. No provision. No provision. — Head IC. — President’s principal intelligence advisor. — Head IC. — President’s principal intelligence advisor. — Head CIA. — Head IC. — President’s principal intelligence advisor. — Head IC. — President’s principal intelligence advisor. — Head CIA. NID will direct the tasking of collection, analysis and dissemination of national intelligence. NID will establish requirements and priorities to govern national intelligence collection. DCI will collect, coordinate and direct the collection of intelligence. DCI will provide overall direction for intelligence collection. Cabinet Member NID should not be cabinet member. General NID Responsibilities — Oversee national intelligence centers, on specific subjects of interest, including the proposed National Counterterrorism Center (NCTC). — Oversee the Intelligence Community (IC). — President’s principal intelligence advisor. Under the direction of the National Security Council, to provide national intelligence to the President; to heads of departments and agencies of the executive branch; to Chairman JCS and service military commanders; and, where appropriate, to the Senate, House, and other committees. NID Tasking Responsibilities No provision. NID shall establish requirements and priorities to govern collection, analysis and dissemination of national intelligence. CRS-3 9/11 Commission Roberts (S. draft bill of August 23, 2004) Harman (H.R. 4104) Feinstein (S. 190), Bob Graham (S. 1520), Daschle (S. 6) Goss (H.R. 4584) Current Law Retains current statutory prohibition preventing CIA director from exercising internal security functions. Retains current statutory provision preventing CIA director from exercising internal security functions. Repeals prohibition preventing DCI as CIA head from exercising internal security functions. Prohibits the DCI as CIA head from exercising internal security functions. NID would prepare the annual budget for intelligence and intelligence-related activities of the United States. DNI would develop an annual intelligence budget. DNI would develop an annual intelligence budget. DCI would determine the annual intelligence budget. DCI facilitates the development of an annual intelligence budget. Provides budget guidance to each element of the National Intelligence Service; participates in the development by the Secretary of Defense of the annual budgets for the Joint Military Intelligence Program and the Tactical Intelligence and Related Activities Program. No provision. The DNI’s budget development would include review, approval, and modification of the execution of IC budgets, and personnel and resource allocation. No provision. No provision. Internal Security Responsibilities — CIA Director NID should directly oversee intelligence collection inside the United States. No authority to direct, manage or undertake electronic surveillance or physical search operations unless authorized by statute or executive order. NID Budget Responsibilities Budget Submission NID should submit a unified budget for national intelligence. Budget Development No recommendation. CRS-4 9/11 Commission Roberts (S. draft bill of August 23, 2004) Harman (H.R. 4104) Feinstein (S. 190), Bob Graham (S. 1520), Daschle (S. 6) Goss (H.R. 4584) Current Law No provision. DNI’s budget development includes managing and overseeing the execution and, if necessary, the modification of the annual National Foreign Intelligence Program (NFIP), including directing the transfer of funds or personnel within the IC. No provision. No provision. Adheres to current statute — DNI approves budgets of all IC elements before incorporation into NFIP. Adheres to current statute — DNI approves budgets of all IC elements before incorporation into NFIP. DCI approves budgets of all IC elements before provided to President for transmission to Congress. DCI approves budgets of all IC elements before incorporation into NFIP. NID Specific Authority for Budget Execution No recommendation. Manages and oversees the execution of the National Intelligence Program; eliminates waste and unnecessary duplication within the National Intelligence Service. NID Budget Authorities Budget Approval NID should approve all IC budgets. NID approves budgets of the new National Intelligence Service. NID provides guidance to elements of the National Intelligence Service in preparing their budgets included in the Joint Military Intelligence Program and the Tactical Intelligence and Related Activities Programs. CRS-5 9/11 Commission Roberts (S. draft bill of August 23, 2004) Harman (H.R. 4104) Feinstein (S. 190), Bob Graham (S. 1520), Daschle (S. 6) Goss (H.R. 4584) Current Law NID has reprogramming authority for the National Intelligence Program. The Secretary of Defense must “consult with” the NID before reprogramming funds appropriated or otherwise made available under the Joint Military Intelligence Program. Adheres to current statute — No NFIP funds may be reprogrammed without DNI prior approval, except in accordance with DCI-issued procedures. Adheres to current statute — No NFIP funds may be reprogrammed without DNI prior approval, except in accordance with DCI-issued procedures. Adheres to current statute, except eliminates: “except in accordance with DCIissued procedures.” No NFIP funds may be reprogrammed without DNI prior approval, except in accordance with DCI-issued procedures. Budget Reprogramming NID should have reprogramming authority. CRS-6 9/11 Commission Roberts (S. draft bill of August 23, 2004) Harman (H.R. 4104) Feinstein (S. 190), Bob Graham (S. 1520), Daschle (S. 6) Goss (H.R. 4584) Current Law Would require approval of Director of Office of Management and Budget (OMB), and transfers could occur for periods up to a year. Would require approval from Director of OMB, and transfers could occur for periods up to a year. Requires that DCI coordinate with OMB director before proceeding with a funds or personnel transfer. No limit on period of transfer. Requires approval from Director OMB, and could occur for periods up to a year. Funds and Personnel Transfer No recommendation. With OMB Director’s approval, the NID may transfer funds under specified guidelines, particularly funds for an activity that is a higher priority intelligence activity. Personnel may be transferred by the NID to a higher priority intelligence activity. Transfers of Defense Department personnel require a report to the Intelligence and Armed Services Committee of Congress. CRS-7 9/11 Commission Roberts (S. draft bill of August 23, 2004) Harman (H.R. 4104) Feinstein (S. 190), Bob Graham (S. 1520), Daschle (S. 6) Goss (H.R. 4584) This page intentionally left blank for comparison with RL32601. Current Law CRS-8 9/11 Commission Roberts (S. draft bill of August 23, 2004) Harman (H.R. 4104) Feinstein (S. 190), Bob Graham (S. 1520), Daschle (S. 6) Goss (H.R. 4584) Current Law Would withhold from DNI unilateral fund and personnel transfer authority, but would provide for objection by affected agency head to such transfer, provided objection made in writing to the President. Would permit DNI to transfer funds and personnel within the IC over the objection of agency heads. Would permit DCI transfer authority. Agency heads could object in writing to the intelligence committees, but could not prevent such transfers. Would allow agency heads to stop DCIinitiated transfers, so long as they state objection in writing to the DCI. Would not require the DCI to develop personnel transfer procedures with affected agency heads. Would not require the DCI to develop personnel transfer procedures with affected agency heads. Would require the DCI to develop transfer procedures with affected agency heads. Would require the DCI to develop transfer procedures with affected agency heads. Agency Heads Objections to Fund and Personnel Transfers DNI should be permitted to transfer funds and personnel within the IC over the objection of agency heads. No provision. Personnel Transfer Procedures No recommendation. Personnel may be transferred by the NID to a higher priority intelligence activity. Transfers of Defense Department personnel require a report to the Intelligence and Armed Services Committees of Congress. CRS-9 9/11 Commission Roberts (S. draft bill of August 23, 2004) Harman (H.R. 4104) Feinstein (S. 190), Bob Graham (S. 1520), Daschle (S. 6) Goss (H.R. 4584) Current Law DNI authorized to transfer funds/personnel from the FBI. DNI authorized to transfer funds/personnel from the FBI. DCI is not authorized to transfer funds/personnel from the FBI. DCI is not authorized to transfer funds/personnel from the FBI. NDI would not receive direct appropriation. NDI would not receive direct appropriation. DCI receives direct appropriation. DCI does not receive direct appropriation. FBI Funds & Personnel Transfers NID should be authorized to transfer funds/personnel from the FBI. The Assistant National Intelligence Director for Collection is given direct line control over the FBI’s Counterintelligence/Counterterrorism units, but they continue to operate within the FBI for administrative and support purposes, and subject to Attorney General guidelines. Direct Appropriation NID Receives Direct Appropriation NID should receive direct appropriation. Currently the Sec Def receives the appropriation and disburses to CIA and national intelligence agencies. NID prepares budget for National Intelligence Program and is responsible for management and expenditure of funds. Receives direct appropriation for these activities. CRS-10 9/11 Commission Roberts (S. draft bill of August 23, 2004) Harman (H.R. 4104) Feinstein (S. 190), Bob Graham (S. 1520), Daschle (S. 6) Goss (H.R. 4584) Current Law No provision. No provision. No provision. No provision. No direct NDI hire/fire authority; However, provision does strengthen NDI’s personnel selection authorities. No NDI hiring/firing authority... would maintain current statute authorities. No NDI hire/fire authority; However, provision would strengthen personnel authority by maintaining current statute requirement for DCI/Secretary concurrence, but adding several agency head positions to which this would apply. Secretaries in affected agencies could still over-ride DNI non- No DCI hire/fire authority within the IC; However, provision calls for concurrence and consultation on personnel selections. Budget Disclosure Overall national intelligence budget and budgets of component agencies should be publicly disclosed. States Sense of Congress that the aggregate amount of appropriations in the budget for intelligence and intelligence-related activities should be made available to the public for each fiscal year after FY2005, unless the President certifies doing so would damage U.S. National Security. Hire and Fire Authority NID should have hire/fire...authority to approve and submit nominations to the President for CIA, Defense Intelligence Agency (DIA), FBI Intelligence Office, National Security Agency (NSA), National Reconnaissance Office (NRO), and Homeland Security Information Analysis and NID can terminate the employment of any civilian officer or employee of any element of the National Intelligence Service. Heads of National Intelligence Centers are appointed by the NID. NID appoints the General Counsel of the National Intelligence Service. NID appoints the Chief Information Office of the National Joint Recommendations NDI/SecDef joint recommendation to the President on heads of NSA, NRO and NGA. Concurrence Concurrence DCI/SecDef concurrence on heads of NSA, NRO and NGA, but SecDef can override. CRS-11 9/11 Commission Roberts (S. draft bill of August 23, 2004) Harman (H.R. 4104) Infrastructure Protection (IAIP). Intelligence Service. NID appoints the Chief Financial Officer of the National Intelligence Service. NID can direct the Secretary of Defense to reassign any member of the Armed forces within the National Intelligence Service to a position outside of it. DNI/agency head concurrence on other IC appointments, but agency head can override DNI. Mandatory Concurrence on FBI Appointments DNI/FBI Director mandatory concurrence on FBI intelligence appointments. Feinstein (S. 190), Bob Graham (S. 1520), Daschle (S. 6) Goss (H.R. 4584) Current Law concurrence. Consultation Dept. Heads consult with DCI on directors of DIA INR, and DOE intelligence units, but agency head decides. FBI Discretionary Consultation FBI Timely Notice DNI/FBI Director make joint recommendation on FBI intelligence appointments. AG determines. FBI director gives DCI timely notice of FBI intelligence appointments. CRS-12 9/11 Commission Roberts (S. draft bill of August 23, 2004) Harman (H.R. 4104) Feinstein (S. 190), Bob Graham (S. 1520), Daschle (S. 6) Goss (H.R. 4584) This page intentionally left blank for comparison with RL32601. Current Law CRS-13 9/11 Commission Roberts (S. draft bill of August 23, 2004) Harman (H.R. 4104) Feinstein (S. 190), Bob Graham (S. 1520), Daschle (S. 6) Goss (H.R. 4584) Current Law NID to develop and implement, as necessary, a common personnel system and a common retirement and disability system for the elements of the National Intelligence Service. NID, in coordination with heads of departments and agencies with elements in the National Intelligence Service, institute policies and programs for rotation of personnel, setting standards for qualifications, performance, and promotions. NDI would set IC-wide personnel education and training standards and require for senior promotion service in more than two positions outside home element. Maintains current statute requiring NDI to consult agency heads in developing personnel standards and qualifications. DCI not required to consult agency heads in developing IC standards and qualifications. DCI required to consult agency heads in developing IC personnel standards and qualifications. Where appropriate, DCI should consider rotated service in IC elements a factor to consider in senior promotions. Personnel Policy NID should set IC-wide personnel education and training standards and facilitate assignments across agency lines and at national intelligence centers. CRS-14 9/11 Commission Roberts (S. draft bill of August 23, 2004) Harman (H.R. 4104) Feinstein (S. 190), Bob Graham (S. 1520), Daschle (S. 6) Goss (H.R. 4584) Current Law DNI/Secretary of Defense develop integrated communications network and maximize state/local information sharing. No provision. Newly created Assoc. Dir. for info management would recommend to DCI info and technology standards to maximize info sharing. The National Security Council will develop procedures for effective information sharing. No provision. No provision. No provision. No provision. Information Sharing Technology Policies NID should establish information technology standards to maximize info sharing and info security. NID to ensure that intelligence (including unevaluated intelligence), its source, and method of collection are disseminated in a timely manner, to promote comprehensive all-source analysis by cleared personnel of the USG, regardless of the collecting element. Advisory Council on Information Sharing No provision. No provision. CRS-15 9/11 Commission Roberts (S. draft bill of August 23, 2004) Harman (H.R. 4104) Feinstein (S. 190), Bob Graham (S. 1520), Daschle (S. 6) Goss (H.R. 4584) Current Law No provision. No provision. No provision. No provision. IC Structure National Counterterrorism Center (NCTC) Should establish NCTC, housed in the Executive Office of the President, and overseen by the NID. Build on existing Terrorist Threat Integration Center (TTIC). Center for joint operational planning and joint intelligence, staffed by personnel from various agencies. Intelligence Aspects Pool all-source analysis; perform strategic analysis and net assessment. Operations Aspects Perform joint planning; assign operations to lead agencies (State, CIA, FBI, Defense). Track plan implementation. A National Counterterrorism Center, which assumes the responsibilities of the Terrorist Threat Integration Center, is created as one of the National Intelligence Centers envisioned in the bill. The National Counterterrorism Center is to have its own budget account. National Counterterrorism Center has counterterrorism as its substantive intelligence mission. It is to conduct strategic analysis of terrorist threats. CRS-16 9/11 Commission Roberts (S. draft bill of August 23, 2004) Harman (H.R. 4104) Feinstein (S. 190), Bob Graham (S. 1520), Daschle (S. 6) Goss (H.R. 4584) This page intentionally left blank for comparison with RL32601. Current Law CRS-17 9/11 Commission Roberts (S. draft bill of August 23, 2004) Harman (H.R. 4104) Feinstein (S. 190), Bob Graham (S. 1520), Daschle (S. 6) Goss (H.R. 4584) Current Law NID is authorized to establish within his office a National Intelligence Center for each substantive intelligence mission of the National Intelligence Service. National intelligence centers will be established by law, at the President’s direction, or upon the initiative of the NID. Establishes WMD center. To be overseen by NDI. No provision. No provision. No provision. The NID replaces the position of CIA director. CIA director heads CIA. Ten-year term. Simultaneous service as DNI prohibited. CIA director heads CIA. Simultaneous service as DNI prohibited. DCI heads the CIA, and acting through the CIA, heads the IC. DCI heads the IC and CIA. National Intelligence Centers Should establish centers on Weapons of Mass Destruction (WMD), int’l crime and narcotics, China/East Asia, Middle East, Russia/Eurasia. To be overseen by NID. Director of CIA CIA director should focus on rebuilding Agency’s analytic and human intelligence collection capabilities. CRS-18 9/11 Commission Roberts (S. draft bill of August 23, 2004) Paramilitary Operations The newly created DOD should assume National Clandestine from the CIA Service retains the responsibility for directing and executing authorities and paramilitary operations, responsibilities presently held by the clandestine or covert. CIA’s Directorate of Operations. Information Sharing Establish incentives for The Chief Information Office, appointed by the sharing; restore better NID, is to develop an balance between integrated information security and shared technology network for knowledge. the efficient and secure exchange of intelligence information among the elements of the National Intelligence Service, and, as directed by the President, other departments and agencies of the U.S. Government, and of state and local governments. Harman (H.R. 4104) Feinstein (S. 190), Bob Graham (S. 1520), Daschle (S. 6) Goss (H.R. 4584) Current Law No provision. No provision. No provision. No provision. No provision, per se, but DNI/Sec Def to develop integrated communications network and maximize state/local info sharing. No provision. No provision, per se, but newly created Assoc. Dir. for info management would recommend to DCI info and technology standards to maximize info sharing. No provision, per se, but the National Security Council will develop procedures for effective information sharing. CRS-19 9/11 Commission Roberts (S. draft bill of August 23, 2004) Harman (H.R. 4104) Feinstein (S. 190), Bob Graham (S. 1520), Daschle (S. 6) Goss (H.R. 4584) Current Law Chief Information Officer of the NIS to ensure elements of the NIS have direct and continuous electronic access to all information, and to ensure interoperability of information technology and national security systems throughout the National Intelligence Service. No provision. No provision. No provision. No provision. No provision on committee structure. Amends S.Res. 400 to eliminate limitation on length of service on the Senate Select Committee on Intelligence. No provision. No provision. No provision. No provision. S.Res. 400 — still in effect today — created the Senate Select Committee on Intelligence. H.Res. 658 — still in effect today — created the House Permanent Select Committee on Intelligence. Information Revolution President should lead effort to bring national security institutions into information revolution. Congressional Oversight Congress should consider joint intelligence committee, or single committee in each house, combining authorizing and appropriating. CRS-20 9/11 Commission Roberts (S. draft bill of August 23, 2004) Harman (H.R. 4104) Feinstein (S. 190), Bob Graham (S. 1520), Daschle (S. 6) Goss (H.R. 4584) Current Law No provision. No provision. No provision. No provision. No provision. No general provision. No provision. No provision. No provision. No provision. Homeland Security Congress should create a single, principal point of oversight for homeland security. Should be permanent standing committee with bipartisan staff. FBI The FBI should create a specialized and integrated national security workforce consisting of agents, analysts, linguists, and surveillance specialists with a deep expertise in intelligence and national security. But elements of FBI performing intelligence and intelligence-related functions are directed and controlled by the new Assistant National Intelligence Director for Collection. CRS-21 9/11 Commission Roberts (S. draft bill of August 23, 2004) Harman (H.R. 4104) Feinstein (S. 190), Bob Graham (S. 1520), Daschle (S. 6) Goss (H.R. 4584) Current Law No provision. No provision. No provision. No provision. No provision. No provision. No provision. No provision. No provision. Homeland Defense DOD Aspects DOD and its oversight committees should regularly assess adequacy of Northern Command strategies and planning to defend the U.S. against military threats. Dept. of Homeland Security Aspects The Dept. of Homeland Security and its oversight committees should regularly assess types of threats to U.S. and determine adequacy of protection plans and response readiness. No provision. CRS-22 9/11 Commission Roberts (S. draft bill of August 23, 2004) Harman (H.R. 4104) Feinstein (S. 190), Bob Graham (S. 1520), Daschle (S. 6) Goss (H.R. 4584) Current Law Establishes Presidentiallynominated, Senateconfirmed Deputy DNI, who also would serve as Under Secretary of Defense for Intelligence. Establishes Presidentiallynominated, Senateconfirmed Deputy DNI. Establishes Presidentiallynominated, Senateconfirmed Deputy DCI. Establishes Presidentiallynominated, Senateconfirmed Deputy DCI. Renames this position Deputy Director of National Intelligence for Community Management. Eliminates position. There is the position for Deputy Director of Central Intelligence for Community Management. IC Management Structure NID Deputies The NID should have three deputies — foreign intelligence (CIA head); defense intelligence (under secretary of defense for intelligence);and homeland intelligence (FBI’s exec. asst. dir. or under secretary. of homeland security for info. analysis and infrastructure protection) Establishes a Deputy NID, nominated by the President, and confirmed by the Senate. Deputy Director of Central Intelligence For Community Management Recommends eliminating the position. No provision. Eliminates position. CRS-23 9/11 Commission Roberts (S. draft bill of August 23, 2004) Harman (H.R. 4104) Feinstein (S. 190), Bob Graham (S. 1520), Daschle (S. 6) Goss (H.R. 4584) Current Law Establishes deputy DNIs for Operations and for Resources No provision. No provision. No provision. No provision. No provision. Would establish eight associate directors for operations; analysis; information management; language and education; military support; space; science & technology; resources. No provision. No proposal. No proposal. Would establish five assistant directors for central intelligence for: counterterrorism; counterintelligence; counterproliferation; counternarcotics; foreign intelligence. No provision. Would establish assistant directors for national intelligence for collection; analysis and production; administration. No provision. Deputy DNIs for Operations & Resources No recommendation. No provision. Associate Directors of Central Intelligence No recommendation. No provision. Assistant Directors of Central Intelligence No recommendation No provision. Assistant Directors of National Intelligence No recommendation Creates an Assistant NID for Analysis and Production; an Assistant NID for Collection; an Assistant NID for Research, Development, and Acquisition, all There are assistant directors of central intelligence for collection; analysis and production; administration. CRS-24 9/11 Commission Roberts (S. draft bill of August 23, 2004) Harman (H.R. 4104) Feinstein (S. 190), Bob Graham (S. 1520), Daschle (S. 6) Goss (H.R. 4584) Current Law Establishes a senior advisor to the DNI for Homeland Security. No provision. No provision. No provision. Establishes General Counsel to the DNI; and Inspector General of the IC. Establishes General Counsel to the DNI; and Inspector General of the IC. Establishes General Counsel and Inspector General of the IC. There is a General Counsel and Inspector General for the CIA. Presidentially nominated, and Senate confirmed. Creates an Assistant NID for Military Support, who also serves as Under Secretary of Defense for Intelligence. Creates a General Counsel of the National Intelligence Service appointed by the NID. Senior Advisor to the DNI for Homeland Security No recommendation. General Counsel and Inspector General No recommendation. Creates an Inspector General of the National Intelligence Service, Presidentially appointed and Senate confirmed. Privacy and Civil Liberties Oversight Board/Officer for Civil Rights and Civil Liberties/Privacy and Civil Liberties Officers Recommends the establishment of a board within the executive branch to ensure adherence to civil liberties guidelines. No provision. No provision. No provision. No provision. No provision. CRS-25 9/11 Commission Roberts (S. draft bill of August 23, 2004) Harman (H.R. 4104) Feinstein (S. 190), Bob Graham (S. 1520), Daschle (S. 6) Goss (H.R. 4584) Current Law No provision. No provision. No provision. No provision. No provision. No provision. No provision. No provision. No provision. No provision. No provision. Privacy Officer Of the National Intelligence Authority No recommendation. No provision. No provision. Chief Human Capital Officer Of the National Intelligence Authority No recommendation. No Provision. National Counterintelligence Executive No provision. No provision. CRS-26 9/11 Commission Roberts (S. draft bill of August 23, 2004) Harman (H.R. 4104) Feinstein (S. 190), Bob Graham (S. 1520), Daschle (S. 6) Goss (H.R. 4584) Current Law No provision. No provision. No provision. No provision. No provision. No provision. Ombudsman of the National Intelligence Authority No recommendation. No provision. No provision. National Intelligence Council for Alternative Analysis No recommendation. Establishes within the Office of the NID a National Intelligence Council, headed by the Assistant NID for Analysis and Production. The NIC is to produce national intelligence estimates for the U.S. Government, and to evaluate communitywide collection and production by the National Intelligence Service, and the requirements and resources of such collection and production. Establishes a National Intelligence Council Alternative Analysis Unit to review each national intelligence estimate produced by the National Intelligence Council. CRS-27 9/11 Commission Roberts (S. draft bill of August 23, 2004) Harman (H.R. 4104) Feinstein (S. 190), Bob Graham (S. 1520), Daschle (S. 6) Goss (H.R. 4584) Current Law Establishes a joint tasking organization within the DNI’s office which would task IC collection. The DNI would appoint tasking directors from CIA, NSA, and NGA. No provision. No provision. No provision. Establishes a Chief Financial Officer of the National Intelligence Service, who must be a civilian. Assists NID in budget preparation under the National Intelligence Program. Assists the Secretary of Defense in preparation of the budget related to the Joint Military Intelligence Program and the Tactical Intelligence and Related Activities Program. Would establish joint intelligence comptroller appointed jointly by DNI and Sec. Def. Comptroller would report directly to the Under Secretary of Defense and provide both the Sec. Def. and the DNI NFIP financial information insofar as that information would relate to elements of the IC under the jurisdiction of DOD. No provision. No provision. No provision. No recommendation. Would establish a joint IC acquisition office headed by a director jointly appointed by the No provision. No provision. No provision. Joint Tasking Organization No recommendation No recommendation. Joint Intelligence Comptroller No recommendation. Joint Acquisition Office CRS-28 9/11 Commission Roberts (S. draft bill of August 23, 2004) Harman (H.R. 4104) Feinstein (S. 190), Bob Graham (S. 1520), Daschle (S. 6) Goss (H.R. 4584) Current Law No provision. No provision. No provision. No provision. No provision. No provision. No provision. No provision. No provision. Establishes a Chief Financial Officer. No provision. No provision. No provision. No provision. No provision. No provision. No provision. No provision. No provision. No provision. No provision. No provision. Establishes Associate Director of Intelligence for Intelligence and Education. No provision. DNI and Sec. Def. National Intelligence Reserve Corps No recommendation. No provision. Joint Military Intelligence Program (JMIP) No recommendation. Chief Financial Officer No recommendation. GAO Report Requirement No recommendation. Language CIA Director should build a stronger language program. CRS-29 9/11 Commission Roberts (S. draft bill of August 23, 2004) Harman (H.R. 4104) Feinstein (S. 190), Bob Graham (S. 1520), Daschle (S. 6) Goss (H.R. 4584) Current Law No provision. No provision. No provision. No provision. National Intelligence Definition No recommendation. No provision. EveryCRSReport.com The Congressional Research Service (CRS) is a federal legislative branch agency, housed inside the Library of Congress, charged with providing the United States Congress non-partisan advice on issues that may come before Congress. EveryCRSReport.com republishes CRS reports that are available to all Congressional staff. The reports are not classified, and Members of Congress routinely make individual reports available to the public. Prior to our republication, we redacted names, phone numbers and email addresses of analysts who produced the reports. We also added this page to the report. 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