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