Comparison of 9/11 Commission Recommended Intelligence Reforms, S. 2845, S. 2774, H.R. 5024, Administration Proposal, H.R. 10, Current Law

Comparison of 9/11 Commission Recommended Intelligence Reforms, S. 2845, S. 2774, H.R. 5024, Administration Proposal, H.R. 10, Current Law

Order Code RL32601
CRS Report for Congress
Received through the CRS Web
Comparison of 9/11 Commission Recommended
Intelligence Reforms, S. 2845, S. 2774, H.R. 5024,
Administration Proposal, H.R. 10, Current Law
Updated October 6, 2004
/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, S. 2845, S. 2774, H.R. 5024,
Administration Proposal, H.R. 10, Current Law
Summary
On July 22, 2004, the National Commission on Terrorist Attacks Upon the
United States (also known as the 9/11 Commission) released its bipartisan,
unanimous final report containing recommendations for far-reaching and
fundamental changes to the United States Intelligence Community (IC). Almost 20
months after its creation by P.L. 107-306, the commission, as mandated by its
founding legislation, attempted to present a full and complete accounting of the facts
and circumstances surrounding the terrorist attacks of September 11, 2001, as well
as recommendations for corrective measures that can be taken to help prevent acts
of terrorism.
Several Members of Congress also have proposed legislation to reform the IC.
Senators Feinstein (S. 190), Bob Graham (S. 1520), Daschle (S. 6) and Roberts (S.
draft bill of August 23, 2004) have introduced or proposed legislation that either
directly, or as part of broader security proposals, contain a variety of IC reforms.
Representative Harman (H.R. 4104) has introduced comprehensive intelligence
reform legislation as did Representative Goss (H.R. 4584), before he was confirmed
by the U.S. Senate as Director of Central Intelligence.
This report, the second of two reports, presents side-by-side comparisons of the
9/11 Commission recommendations and current law and legislation proposed by
Senators Collins and Lieberman (S. 2845) and unanimously approved by the Senate
Governmental Affairs Committee on September 22, 2004, as amended; House
Speaker Dennis Hastert (H.R. 10), as reported out be the House Committee on Rules;
Senators McCain and Lieberman (S. 2774); Representative Pelosi (H.R. 5024); and
President Bush.
CRS Report RL32600 presents side-by-side comparisons of the 9/11
Commission recommendations and current law; and legislation proposed by Senators
Feinstein, Bob Graham, Daschle, and Roberts; President Bush; and relevant
provisions of current law.
This report will be updated.

Contents
National Intelligence Director (NID) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
NID Budget Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Budget Authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Direct Appropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Budget Disclosure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Hire and Fire Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
IC Structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
FBI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
IC Management Structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Comparison of 9/11 Commission Recommended Intelligence Reforms, S. 2845,
S. 2774, H.R. 5024, Administration Proposal, H.R. 10, Current Law
Side-by-Side Comparison of Selected Intelligence Community Reform Proposals
9/11 Commission
Collins/Lieberman
McCain/Lieberman
Pelosi
Bush
Hastert
Current Law
(S. 2845, approved,
(S. 2774)
(H.R. 5024)
Administration
(H.R. 10)
as amended, by the
(submitted Sept.
Senate
16, 2004)
Government Affs.
Committee on
9/22/04.)
National Intelligence Director (NID)
Replace current
Establishes within
Establishes within the
Establishes within
Establishes within
Establishes within
Stipulates that there
position of Director
the Executive
Executive Branch the
the executive
the executive
the executive
is a Director of
of Central
Branch the National
National Intelligence
office of the
branch a
branch a
Central
Intelligence with a
Intelligence
Authority, which
President a
presidentially
presidentially
Intelligence who
Presidentially -
Authority, which
would be headed by a
presidentially
appointed, Senate
appointed, Senate
also heads CIA.
appointed, Senate-
would be headed by
Presidentially
appointed Senate
confirmed NID.
confirmed NID.
confirmed NID.
a Presidentially
appointed, Senate
confirmed NID.
The NID located in
appointed, Senate
confirmed NID.
the Executive
confirmed NID.
Office of the
President. A
separate Director
would head the
Central Intelligence
Agency (CIA).

CRS-2
9/11 Commission
Collins/Lieberman
McCain/Lieberman
Pelosi
Bush
Hastert
Current Law
(S. 2845, approved,
(S. 2774)
(H.R. 5024)
Administration
(H.R. 10)
as amended, by the
(submitted Sept.
Senate
16, 2004)
Government Affs.
Committee on
9/22/04.)
Cabinet Member
NID should not be
No provision.
No provision.
No provision.
No provision.
No provision.
No provision.
cabinet member.
General NID Responsibilities
— Oversee
— Head IC.
— Head IC.
— Head the IC.
— Head IC.
— Head IC.
— Head IC.
national intelligence
— President’s
— President’s
— President’s
— President’s
— President’s
— President’s
centers, on specific
principal
principal intelligence
principal
principal
principal
principal
subjects of interest,
intelligence advisor.
advisor.
intelligence
intelligence advisor.
intelligence advisor.
intelligence advisor.
including the
— Prohibited from
— Prohibited from
advisor.
— Prohibited from
— Head CIA.
proposed National
serving
serving
— Oversee
serving
Counterterrorism
simultaneously as
simultaneously as
national
simultaneously as
Center (NCTC).
CIA Director.
CIA Director.
intelligence
CIA director.
— Oversee the
–— Direct and
centers.
— Manage and
Intelligence
oversee the
oversee the NIP.
Community (IC).
National
— Individual
— President’s
Intelligence
serving as CIA
principal
Program (NIP).
Director preceding
intelligence advisor.
bill’s enactment
may be named NID.
NID Tasking Responsibilities
No provision.
NID will issue and
NID will direct and
No provision.
No provision.
NID will determine
DCI will provide
manage collection
manage tasking of
will provide and
overall direction for
and analysis
collection, analysis
establish require-
intelligence
tasking.
and dissemination of
ments and direct the
collection.
national intelligence.
tasking of collection
analysis, production
and dissemination.

CRS-3
9/11 Commission
Collins/Lieberman
McCain/Lieberman
Pelosi
Bush
Hastert
Current Law
(S. 2845, approved,
(S. 2774)
(H.R. 5024)
Administration
(H.R. 10)
as amended, by the
(submitted Sept.
Senate
16, 2004)
Government Affs.
Committee on
9/22/04.)
Internal Security Responsibilities – CIA Director
NID should directly
Retains current
Retains current
No provision.
No provision
Retains current
CIA Director will
oversee intelligence
statutory
statutory prohibition
statutory
have no police,
collection inside the
prohibition – CIA
– CIA Director will
prohibition – CIA
subpoena, or law
United States
Director will have
have no police,
Director will have
enforcement powers
no police,
subpoena, or law
no police,
or internal security
subpoena, or law
enforcement powers
subpoena, or law
functions.
enforcement powers
or internal security
enforcement powers
or internal security
functions.
or internal security
functions.
functions.
NID Budget Responsibilities
Budget Submission
NID should submit
NID will determine
NID would develop
No provision.
No provision.
NID will develop
DCI will facilitate
a unified budget for
the annual budget
an annual IC budget.
an annual budget
the development of
national
for intelligence and
for intelligence and
an annual budget
intelligence.
intelligence-related
intelligence-related
for intelligence and

activities.
activities.
intelligence-related
activities.
Budget Development
No
NID will provide
NID would direct,
No provision.
Subject to direction
NID will provide
DCI will participate
recommendation.
budget guidance to
coordinate, prepare,
of the President, the
budget guidance to
in the development
intelligence
modify and present
NID, after
intelligence
by the SecDef of
elements that
annual budgets of the
consultation with
elements that
annual JMIP and
receive NIP
elements of the IC
the Sec. Def., will
receive NIP
TIARA budgets.
funding, and to
within the NIP; and
ensure the NFIP
funding, and to
those IC elements
provide guidance for
budgets for IC
those IC elements
that do not;
development annual
agencies and
that do not; will

CRS-4
9/11 Commission
Collins/Lieberman
McCain/Lieberman
Pelosi
Bush
Hastert
Current Law
(S. 2845, approved,
(S. 2774)
(H.R. 5024)
Administration
(H.R. 10)
as amended, by the
(submitted Sept.
Senate
16, 2004)
Government Affs.
Committee on
9/22/04.)
participate in the
budgets for IC
organizations within
participate in the
development by the
elements not within
the DoD are
development by the
SecDef of annual
the NIP.
adequate. The Sec
SecDef of JMIP and
budgets for military
Def is will ensure
TIARA budgets.
intelligence
that IC agencies
programs not
within the DoD
included in the NIP
satisfy needs of
(Joint Military
DoD.
Intelligence (JMIP)
and Tactical
Intelligence and
Related Activities
(TIARA).
NID Specific Authority for Budget Execution
No
NID will manage
No provision.
No provision.
No provision.
NID will ensure
No provision.
recommendation.
and oversee NIP
effective execution
budget execution,
of the budget for
reprogramming, and
intelligence and
funds and personnel
intelligence-related
transfers.
activities. NID will
facilitate
management and
execution of NIP
funding.
Budget Authorities
Budget Approval
NID should approve
NID will approve
NID would determine
NID should
NID would develop
NID will provide
DCI approves

CRS-5
9/11 Commission
Collins/Lieberman
McCain/Lieberman
Pelosi
Bush
Hastert
Current Law
(S. 2845, approved,
(S. 2774)
(H.R. 5024)
Administration
(H.R. 10)
as amended, by the
(submitted Sept.
Senate
16, 2004)
Government Affs.
Committee on
9/22/04.)
all IC budgets.
any portion of the
the annual
submit annual
and determine an
budget guidance to
budgets of all IC
budget for an IC
intelligence budget,
unified budgets for
annual consolidated
heads of
elements before
element within the
including the review,
national
National Foreign
departments
incorporation into
NIP. The budget of
modification, and
intelligence that
Intelligence
containing IC
NFIP. The SecDef,
agency with a
approval of budgets
reflect the
Program budget.
elements and to the
in consultation with
portion of NIP may
of IC elements within
priorities of the
The NID would
heads of the IC
the DCI, ensure that
not be provided
the NIP, and provide
National Security
participate in the
elements that
DOD IC elements
President unless
budget guidance for
Council and an
development by the
comprise
are adequately
NID has approved
IC elements not
appropriate
Sec Def for the
components of the
funded.
budget. NID will
within the NIP.
balance among
President’s approval
NIP. NID will
provide budget
technical and
of JMIP and
provide budget
guidance for IC
human
TIARA budget
guidance to those
agency not within
intelligence
requests.
IC components not
the NIP. NID
collections
within the NIP.
would participate in
methods and
NID will participate
the development by
analysis.
in the development
the SecDef of the
by the SecDef of
annual budget for
annual budgets for
military intelligence
the JMIP and
programs.
TIARA.
Budget Reprogramming
NID should have
No NIP funds may
Adheres to current
The NID may
NID would have
No NIP funds may
No NFIP funds may
reprogramming
be reprogrammed
statute — no NID
reprogram NIP
authority to transfer
be reprogrammed
be reprogrammed
authority.
without NID prior
funds may be
funds to meet any
or reprogram NFIP
without NID prior
without DCI prior
approval, except in
reprogrammed
unforeseen
funds, as necessary,
approval, except in
approval, except in
accordance with
without NID prior
priority.
with OMB
accordance with
accordance with
NID-issued
approval, except in
approval, and after
NID-issued
DCI-issued
procedures.
accordance with
consultation with
procedures. SecDef
procedures.
NID-
affected agency
will consult with
issued procedures.
heads and with the
NID before

CRS-6
9/11 Commission
Collins/Lieberman
McCain/Lieberman
Pelosi
Bush
Hastert
Current Law
(S. 2845, approved,
(S. 2774)
(H.R. 5024)
Administration
(H.R. 10)
as amended, by the
(submitted Sept.
Senate
16, 2004)
Government Affs.
Committee on
9/22/04.)
Director of Central
transferring or
Intelligence, to the
reprogramming
extent CIA is
JMIP funds.
affected. Would
monitor and consult
with the Sec Def on
reprogramming or
transfer within, into,
or out of JMIP and
TIARA.
Funds and Personnel Transfer
No
With OMB
With OMB approval,
The NID will
NID would have
With OMB
Requires approval
recommendation.
approval, NID may
NID may transfer
establish
authority to transfer
approval, NID may
from Director
transfer or
funds and personnel
education and
or reprogram NFIP
transfer NIP funds
OMB, and could
reprogram NIP
within the NIP if the
training standards
funds, as necessary,
within the NIP; in
occur for periods
funds; approve or
NID can show
and facilitate
with OMB
accordance with
up to a year.
disapprove the
transfer is to a higher
assignments at
approval, and after
procedures
transfer or
priority intelligence
national
consultation with
developed with
reprogramming of
activity, based on
intelligence
affected agency
department heads,
non-NIP funds to
unforeseen
centers and across
heads and with the
NID may transfer
the NIP; in
circumstances and
intelligence
Director of Central
IC personnel for up
accordance with
does not involve
agencies.
Intelligence, to the
to a year, and
NID-developed
funds from CIA’s
extent CIA is
subject to
procedures between
Reserve for
affected. Would
appropriations act
NID and affected
Contingencies.
monitor and consult
provisions.
agency heads,
with the Sec Def on
Fund/personnel
transfer NIP-funded
NID would be able to
reprogramming or
transfer must be to a
personnel from one
transfer personnel on
transfer within, into,
higher priority
IC element to
open ended basis
or out of JMIP and
intelligence activity,
another; and, in
between both NIP
TIARA.
based on unforeseen
accordance with
and non-NIP funded
circumstances and

CRS-7
9/11 Commission
Collins/Lieberman
McCain/Lieberman
Pelosi
Bush
Hastert
Current Law
(S. 2845, approved,
(S. 2774)
(H.R. 5024)
Administration
(H.R. 10)
as amended, by the
(submitted Sept.
Senate
16, 2004)
Government Affs.
Committee on
9/22/04.)
mutually agreed
intelligence elements.
does not involve a
upon procedures
transfer of funds to
between NID and
the Reserve for
affected agency
Contingencies of
heads, transfer non-
the CIA; be less
NIP funded
than $1 million; less
personnel from one
than 5% of amounts
IC element to
available to agency;
another IC element.
and not terminate
Such transfer may
program.
be made only if
activity to which
transfer being made
is higher
intelligence
priority; does not
involve funds
transferred to NID
Reserve for
Contingencies; and
does not exceed
applicable ceilings
established in law
for such transfers.

CRS-8
9/11 Commission
Collins/Lieberman
McCain/Lieberman
Pelosi
Bush
Hastert
Current Law
(S. 2845, approved,
(S. 2774)
(H.R. 5024)
Administration
(H.R. 10)
as amended, by the
(submitted Sept.
Senate
16, 2004)
Government Affs.
Committee on
9/22/04.)
Agency Heads Objections to Fund and Personnel Transfers
DNI should be
No provision.
No provision
No provision.
No provision.
Transfer may be
Permits agency
permitted to transfer
allowing agency head
made without
heads to stop DCI-
funds and personnel
affected by such a
regard to $1 million
initiated fund and
within the IC over
NID-initiated fund or
and 5% limitations
personnel transfers,
the objection of
personnel transfer to
provided NID has
provided they state
agency heads.
object.
concurrence of
objection in writing
agency head.
to the DCI.
Personnel Transfer Procedures
No
For personnel
NID required to
No provision.
No provision.
NID required to
Requires the DCI to
recommendation.
transfers taking
develop transfer
develop with
develop transfer
place within NIP-
procedures for NIP
agency heads
procedures with
funded programs,
and non-NIP
personnel transfer
affected agency
the NID would
transfers with the
procedures
heads.
develop procedures;
affected agency
governing IC
for personnel
heads.
personnel transfers.
transfers involving
non-NIP funded
programs, the NID
and affected agency
heads would
develop procedures.

CRS-9
9/11 Commission
Collins/Lieberman
McCain/Lieberman
Pelosi
Bush
Hastert
Current Law
(S. 2845, approved,
(S. 2774)
(H.R. 5024)
Administration
(H.R. 10)
as amended, by the
(submitted Sept.
Senate
16, 2004)
Government Affs.
Committee on
9/22/04.)
FBI Funds & Personnel Transfers
NID should be
NID authorized to
NID authorized to
No provision.
No provision.
NID authorized to
DCI is not
authorized to
transfer
transfer
transfer
authorized to
transfer
funds/personnel to
funds/personnel to
funds/personnel to
transfer
funds/personnel
and from the FBI’s
and from the FBI’s
and from the FBI’s
funds/personnel
from the FBI.
Office of
Office of
Office of
from the FBI.
Intelligence.
Intelligence.
Intelligence.
Direct Appropriation
NID Receives Direct Appropriation
NID should receive
NIP funds would be
NIP funds would be
NIP
NIP funds
Office of
SecDef receives
direct appropriation. appropriated to the
appropriated to the
appropriations will
appropriated
Management and
appropriations for
Currently the Sec
National
NID and be under the
be made to the
directly to NID.
Budget will
CIA and the
Def receives the
Intelligence
NID’s direct
NID. Would be
apportion all NIP
national intelligence
appropriation and
Authority and be
jurisdiction.
responsible for
funding to the NID.
agencies – NSA,
disburses to CIA
under the NID’s
NFIP
NGA, and NRO.
and national
direct jurisdiction.
appropriations
The Attorney
intelligence
“without regard to
General receives the
agencies.
the accounts to
funding for FBI’s
which
national security
appropriated.”
components.

CRS-10
9/11 Commission
Collins/Lieberman
McCain/Lieberman
Pelosi
Bush
Hastert
Current Law
(S. 2845, approved,
(S. 2774)
(H.R. 5024)
Administration
(H.R. 10)
as amended, by the
(submitted Sept.
Senate
16, 2004)
Government Affs.
Committee on
9/22/04.)
Budget Disclosure
Overall national
The President will
The President will
Declassify
No provision.
No provision. No
provision.
intelligence budget
publicly disclose
publicly disclose
aggregate
and budgets of
after FY2005 the
after FY2005 the
appropriated
component agencies
aggregated amount
aggregate requested
amount for
should be publicly
of appropriations
amount for
intelligence.
disclosed.
requested by the
intelligence and
President for the
intelligence-related
NIP.
activities and the
aggregate amount
The Congress will
requested for each
publicly disclose
element or
after FY2005 both
component of the IC.
the authorized and
appropriated NIP
The Congress will
funding. Directs
publicly disclose
the NID to conduct
after FY2005 the
a study to assess the
aggregate amount
advisability of
for intelligence and
continued public
intelligence-related
disclosure of the
activities both
NIP budget.
authorized and
appropriated.
Hire and Fire Authority
NID should have
Recommendation
Recommendation
NID has hire/fire
Any
Recommendation/

hire/fire...authority
CIA Director
authority.
recommendation for
Deputy NID and

to approve and
NID recommends to
an appointment of
CIA Director

submit nominations
NID will
the President an
head of an IC

to the President for
recommend to the
individual for
agency made by the
NID will
No provision.

CRS-11
9/11 Commission
Collins/Lieberman
McCain/Lieberman
Pelosi
Bush
Hastert
Current Law
(S. 2845, approved,
(S. 2774)
(H.R. 5024)
Administration
(H.R. 10)
as amended, by the
(submitted Sept.
Senate
16, 2004)
Government Affs.
Committee on
9/22/04.)
CIA, Defense
President an
nomination to fill
President, will be
recommend to the
Intelligence Agency
individual for
Deputy NID and
accompanied by an
President
(DIA), FBI
nomination to serve
Deputy National
NID
individuals for
Intelligence Office,
as CIA Director.
Intelligence Director
recommendation.
nomination to serve
National Security
or Foreign
Any appointment
as Dep. NID and
Agency (NSA),
Intelligence (also
by an agency head
CIA Director.
National
serves as Director of
within his agency,

Reconnaissance
CIA)
must have NID

Office (NRO), and
concurrence.

Homeland Security

Information

Analysis and

Infrastructure
DoD
DoD
DoD
NID
DCI
Protection (IAIP).
Concurrence/NSA,
Concurrence/NSA,
Concurrence/NSA,
Concurrence/NSA,
Concurrence/NSA,
NRO and NGA
NRO and NGA
NRO and NGA
NRO and NGA NRO and NGA

NID will obtain
NID seeks
SecDef seeks NID
Head of department
SecDef will obtain
concurrence of
concurrence of
concurrence in
or agency having
DCI concurrence on
SecDef in
SecDef in
appointing or
jurisdiction over the
heads of NSA, NRO
recommending
recommending
recommending to
position will obtain
and NGA, but
nominees for NSA,
nominees for NSA,
the President heads
NID concurrence in
SecDef may
NRO and NGA.
NRO and NGA. May
of NSA, NRO and
appointing or
proceed, but must
NID may make
make
NGA. If NID
recommending
note DCI non-
recommendation
recommendations
objects, SecDef
nominees for NSA,
concurrence.
without SecDef
without SecDef
may not make
NRO and NGA. If
concurrence but
concurrence but must
appointment or
NID does not
must note non-
note non-
proceed with
concur, vacancy
concurrence.
concurrence.
recommendation.
may not be filled or
recommendation
Concurrence/Other
Concurrence/Other
Consultation
made to President
Agencies
Agencies
(as the case may
Other agency heads
be).
Consultation

CRS-12
9/11 Commission
Collins/Lieberman
McCain/Lieberman
Pelosi
Bush
Hastert
Current Law
(S. 2845, approved,
(S. 2774)
(H.R. 5024)
Administration
(H.R. 10)
as amended, by the
(submitted Sept.
Senate
16, 2004)
Government Affs.
Committee on
9/22/04.)
Other agency heads
Other agency heads
must consult with
Consultation/Other
Dept. Heads consult
will obtain NID
must seek NID
NID in making
Agencies
with DCI on
concurrence before
concurrence in
appointments.
directors of DIA
appointing or
recommending
INR, and DOE
recommending for
nominees for other
intelligence units,
appointment of
intelligence
but agency head
individuals to fill
appointments but
decides.
the positions of
may make
Under Secretary of
recommendation to
Defense for
the President without
Intelligence; Asst.
NIC concurrence, but
FBI Timely Notice
Sec. Homeland
must note non-
Security for
concurrence.
Information
FBI director gives
Analysis; Director,
DCI timely notice
DIA; and the FBI’s
of FBI intelligence
Exec. Asst. Dir.
appointments.
Agency head may
proceed without
NID concurrence,
but must note to the
President the NID’s
non-concurrence.
Termination
NID may
recommend to the
President the
termination of any
individual covered
in this section of the

CRS-13
9/11 Commission
Collins/Lieberman
McCain/Lieberman
Pelosi
Bush
Hastert
Current Law
(S. 2845, approved,
(S. 2774)
(H.R. 5024)
Administration
(H.R. 10)
as amended, by the
(submitted Sept.
Senate
16, 2004)
Government Affs.
Committee on
9/22/04.)
draft bill, but must
seek concurrence of
department head
and report non-
concurrence to the
President.
Personnel Policy
NID should set IC-
NID urged to adopt
NID urged to adopt
NID will establish
Provide, where
NID will facilitate
DCI required to
wide personnel
personnel policies
personnel policies
education and
appropriate, for
personnel rotation
consult agency
education and
that duplicate
that duplicate within
training standards
rotation of
through the IC.
heads in developing
training standards
within the IC the
the IC the joint
and facilitate
personnel among IC
IC personnel
and facilitate
joint officer
officer management
assignments at
agencies, and to
standards and
assignments across
management
policies established
national
make such rotations
qualifications.
agency lines and at
policies established
by the Goldwater-
intelligence
a requirement to be
Where appropriate,
national intelligence
by the Goldwater-
Nichols Department
centers and across
considered for
DCI should
centers.
Nichols Department
of Defense
national
promotion.
consider rotated
of Defense
Reorganization Act
intelligence
service in IC
Reorganization Act
of 1986; and that
agencies.
elements a factor to
of 1986; and that
personnel assigned to
consider in senior
personnel assigned
the NID be promoted
promotions.
to the NID be
at rates equivalent or
promoted at rates
better than provided
equivalent or better
by
than provided by
their home agencies.
their home
agencies.

CRS-14
9/11 Commission
Collins/Lieberman
McCain/Lieberman
Pelosi
Bush
Hastert
Current Law
(S. 2845, approved,
(S. 2774)
(H.R. 5024)
Administration
(H.R. 10)
as amended, by the
(submitted Sept.
Senate
16, 2004)
Government Affs.
Committee on
9/22/04.)
Information Sharing Technology Policies
NID should
The President will
The President will
NID should
Establishes
President will
The National
establish
establish an
establish an
establish
information-sharing
establish a secure
Security Council
information
information
information network
information
standards.
information sharing
will develop
technology
network and secure
and secure
technology
environment for the
procedures for
standards to
information sharing
information sharing
standards to
sharing of
effective
maximize info
environment among
environment among
maximize info
intelligence. NID
information sharing.
sharing and info
all relevant Federal,
all relevant Federal,
sharing and info
authorized to ensure
security.
State, tribal, and
State, tribal, and local
security.
maximum
local authorities,
authorities, and
availability of and
and relevant private
relevant private
access to IC
sector entities.
sector entities. NID
intelligence
NID has authority
has authority to set
information;
to set information
information standards
establish uniform
standards
throughout the IC.
security standards
throughout the IC.
and common
information
technology
standards.
Advisory Council on Information Sharing
No proposal.
OMB will
OMB will submit to
No provision.
No provision.
No provision.
No specific
implement and
congress a system
provision.
manage the
design and
information sharing
implementation plan
network across
for information
government.
sharing. Establishes
Establishes an
an Advisory Council
Executive Council
on Information

CRS-15
9/11 Commission
Collins/Lieberman
McCain/Lieberman
Pelosi
Bush
Hastert
Current Law
(S. 2845, approved,
(S. 2774)
(H.R. 5024)
Administration
(H.R. 10)
as amended, by the
(submitted Sept.
Senate
16, 2004)
Government Affs.
Committee on
9/22/04.)
that will assist the
Sharing comprised of
OMB director in
federal, state, tribal
implementing and
and local
managing an
governments to
information sharing
advise the President
network.
on implementation.
IC Structure
National Counterterrorism Center (NCTC)
Should establish
Establishes a
Would establish a
Establishes
Establishes a
Establishes a
No provision.
NCTC, housed in
counterterrorism
counterterrorism
National
National
National
the Executive
center under the
center under the
Counterterrorism
Counterterrorism
Counterterrorism
Office of the
direction of a
direction a
Center, located in
Center, whose
Center within the
President, and
Presidentially
Presidentially
the Executive
director will be
Office of the NID;
overseen by the
nominated, Senate
nominated, Senate
Office of the
appointed by the
NID will appoint
NID. Build on
confirmed director.
confirmed director.
President and built
president. Will
director, who will
existing Terrorist
The center would be
The center would be
on the foundation
conduct strategic
report to the NID.
Threat Integration
placed in the
placed in the
of the Terrorist
operational
Assign roles and
Center (TTIC).
National
National Intelligence
Threat Integration
planning for CT
missions to lead
Intelligence
Authority, and its
Center. will be a
activities and be
agencies; prohibited
Authority, and its
director would report
center for joint
primary analytic
from directing the
director would
to the President.
operational
organization.
execution of CT
Center for joint
report to the
planning and joint
operations.
operational
President through
intelligence
Directorate of
planning and joint
the NSC on
against
Intelligence
intelligence,
counterterrorism
transnational
established within
staffed by
operational
terrorist
NCTC; responsible
personnel from
planning, and to the
organizations.
within U.S.
various agencies.
NID on center
Head will be
government for

CRS-16
9/11 Commission
Collins/Lieberman
McCain/Lieberman
Pelosi
Bush
Hastert
Current Law
(S. 2845, approved,
(S. 2774)
(H.R. 5024)
Administration
(H.R. 10)
as amended, by the
(submitted Sept.
Senate
16, 2004)
Government Affs.
Committee on
9/22/04.)
Intelligence Aspects
budgets and
Presidential
analyzing terrorism.
programs and its
nominated, Senate
Pool all-source
Directorates of
TTIC
Confirmed.
TTIC
analysis; perform
Intelligence and
strategic analysis
Operations. NCTC
The Terrorist Threat
The Terrorist Threat
and net assessment.
prohibited from
Integration Center
Integration Center
assigning operations
would transfer to the
would transfer to
Operations Aspects
responsibilities to
Center.
NCTC.
specific Armed
Perform joint
Forces elements.
planning; assign
NSC would have no
operations to lead
direct supervisory
agencies (State,
authority over
CIA, FBI, Defense).
NCTC’s joint
Track plan
operational
implementation.
activities.
Disagreements over
strategic plans
between NCTC and
agency heads
resolved by
President, not NSC.
TTIC
The Terrorist Threat
Integration Center
would transfer to
the Center.

CRS-17
9/11 Commission
Collins/Lieberman
McCain/Lieberman
Pelosi
Bush
Hastert
Current Law
(S. 2845, approved,
(S. 2774)
(H.R. 5024)
Administration
(H.R. 10)
as amended, by the
(submitted Sept.
Senate
16, 2004)
Government Affs.
Committee on
9/22/04.)
Appointment
Appointment Powers
Appointment
Powers
Powers
The center director
The center director
NCTC head will
would have
would have
concur in choices
concurrence
concurrence authority
of certain key CT
authority in naming
in naming heads of
officials across
heads of CT
CT agencies across
government.
agencies across
government.
government.
National Intelligence Centers
Should establish
The NID may
The NID may
No provision.
No provision.
No provision.
No provision.
centers on Weapons
establish
establish intelligence
of Mass Destruction
intelligence centers
centers to address
(WMD), int’l crime
to address NSC-
NSC-established
and narcotics,
established
intelligence
China/ East Asia,
intelligence
priorities.
Middle East,
priorities.
Russia/Eurasia.
Overseen by NID.
Director of CIA
CIA director should
A Presidentially
A Presidentially
CIA director
Establishes a
Establishes
DCI heads the IC
focus on rebuilding
nominated, Senate
nominated, Senate
should focus on
Director of the CIA,
Presidentially
and CIA.
Agency’s analytic
confirmed Director
confirmed Director
rebuilding
appointed by the
nominated, Senate
and human
heads the the
heads the the Central
Agency’s analytic
President,
confirmed CIA
intelligence
Central Intelligence
Intelligence Agency.
and human
confirmed by the
director. NID
collection
Agency. The
The director is
intelligence
Senate.
would recommend
capabilities.
director is
prohibited from
collection
to the President an
prohibited from
serving
capabilities.
individual for

CRS-18
9/11 Commission
Collins/Lieberman
McCain/Lieberman
Pelosi
Bush
Hastert
Current Law
(S. 2845, approved,
(S. 2774)
(H.R. 5024)
Administration
(H.R. 10)
as amended, by the
(submitted Sept.
Senate
16, 2004)
Government Affs.
Committee on
9/22/04.)
serving
simultaneously as the
nomination.
simultaneously as
NID. The Director
the NID.
also serves as Deputy
National Intelligence
Director for Foreign
Intelligence.
Paramilitary Operations
DOD should
No provision.
Sense of Congress
DOD should
No provision.
NID, in consultation
No provision.
assume from the
that Sec Def should
assume from the
with SecDef and
CIA responsibility
have lead
CIA responsibility
CIA Director will
for directing and
responsibility for
for directing and
develop joint
executing
directing and
executing
procedures to
paramilitary
executing
paramilitary
deconflict
operations,
paramilitary
operations,
operations
clandestine or
operations, whether
clandestine or
involving DoD and
covert.
clandestine or covert.
covert.
CIA.
Information Sharing
Establish incentives
The NID would
The NID would
The President will
The NID will
Establishes a
No provision, per
for sharing; restore
appoint a Chief
appoint a Chief
determine
establish an
Community
se, but the National
better balance
Information Officer
Information Officer
guidelines for
interoperable
Information
Security Council
between security
who would develop
would develop and
acquiring,
information-sharing
Technology Officer
will develop
and shared
an integrated
implement an
accessing, using,
enterprise.
to ensure
procedures for
knowledge.
communications
integrated
and sharing of
intelligence sharing.
effective
network among all
information
information about
information sharing.
elements of the IC,
technology network
individuals among
and establish
and develop an
Federal, State, and
standards for
enterprise
local government
information
architecture for the
agencies, and with
technology and
IC.
the private sector,
communications.
in a way that
protects the

CRS-19
9/11 Commission
Collins/Lieberman
McCain/Lieberman
Pelosi
Bush
Hastert
Current Law
(S. 2845, approved,
(S. 2774)
(H.R. 5024)
Administration
(H.R. 10)
as amended, by the
(submitted Sept.
Senate
16, 2004)
Government Affs.
Committee on
9/22/04.)
privacy and civil
liberties of those
individuals.
Information Revolution
President should
The President will
The President will
President should
No provision.
Establishes
No provision.
lead effort to bring
establish a
establish an
lead effort to bring
information-sharing
national security
decentralized,
information sharing
national security
standards.
institutions into
distributed and
network to promote
institutions into
information
coordinated
the sharing of
information
revolution.
environment that
terrorism
revolution.
connects existing
information, in a
systems where
manner consistent
appropriate, and
with national security
incorporate strong
and the protection of
mechanisms for
privacy and civil
information security
liberties.
and privacy
guideline
enforcement.
Congressional Oversight
Congress should
No provision.
Congress will not
Congress will
No provision.
Sense of House that
No provision.
consider joint
adjourn until, it
establish either a
Rules Committee
S.Res. 400 — still
intelligence
establishes, effective
Joint Committee
should act upon
in effect today —
committee, or
in the 109th Congress,
on Intelligence or
recommendations of
created the Senate
single committee in
a joint intelligence
a single standing
Select Committee
Select Committee
each house,
committee, or single
committee in each
on Homeland
on Intelligence.
combining
committee in each
House that would
Security and other
H.Res. 658 — still
authorizing and
house, combining
authorize and
committees of
in effect today —
appropriating.
authorizing and
appropriate funds
existing jurisdiction
created the House
appropriating.
for intelligence
regarding
Permanent Select

CRS-20
9/11 Commission
Collins/Lieberman
McCain/Lieberman
Pelosi
Bush
Hastert
Current Law
(S. 2845, approved,
(S. 2774)
(H.R. 5024)
Administration
(H.R. 10)
as amended, by the
(submitted Sept.
Senate
16, 2004)
Government Affs.
Committee on
9/22/04.)
and
jurisdiction over
Committee on
counterterrorism
proposed
Intelligence.
and conduct
legislation.
oversight.
Homeland Security
Congress should
No specific
Congress will not
The House and
No provision.
Sense of House that
No provision.
create a single,
provision on
adjourn until it
Senate will each
Rules Committee
principal point of
principal
establishes, effective
determine how to
should act upon
oversight for
congressional point.
in the 109th Congress,
provide a single,
recommendations of
homeland security.
Would merge the
a homeland security
principal point of
Select Committee
Should be
Homeland Security
jurisdiction
oversight for
on Homeland
permanent standing
Council into the
consolidated in a
homeland security.
Security and other
committee with
National Security
single committee in
committees of
bipartisan staff.
Council and add to
each House. Would
existing jurisdiction
the NSC’s functions
merge the Homeland
regarding
the overseeing and
Security Council into
jurisdiction over
reviewing the
the National Security
proposed
Federal
Council and add to
legislation.
Government’s
the NSC’s functions
homeland security
the overseeing and
policies.
reviewing the Federal
Government’s
homeland security
policies.
FBI
The FBI should
The FBI Director
The FBI Director will
Directs Attorney
No provision.
FBI Director may
No provision.
create a specialized
will develop and
develop and maintain
General to
establish and train
and integrated
maintain a
a specialized and
establish a
an FBI
national security
specialized and
integrated national
specialized and
Investigation

CRS-21
9/11 Commission
Collins/Lieberman
McCain/Lieberman
Pelosi
Bush
Hastert
Current Law
(S. 2845, approved,
(S. 2774)
(H.R. 5024)
Administration
(H.R. 10)
as amended, by the
(submitted Sept.
Senate
16, 2004)
Government Affs.
Committee on
9/22/04.)
workforce
integrated national
security workforce
integrated national
Reserve Service.
consisting of agents,
security workforce
consisting of agents,
security workforce
analysts, linguists,
consisting of agents,
analysts, linguists,
at the FBI.
and surveillance
analysts, linguists,
and surveillance
specialists with a
and surveillance
specialists.
deep expertise in
specialists.
intelligence and
national security.
Homeland Defense
DOD Aspects
DOD and its
No provision.
No provision.
No provision.
No provision.
Sense of Congress
No provision.
oversight
that SecDef should
committees should
regularly assess
regularly assess
adequacy of
adequacy of
Northern
Northern Command
Command’s plans
strategies and
to respond to all
planning to defend
military and
the U.S. against
paramilitary threats
military threats.
within the U.S.
Dept. of Homeland Security Aspects
The Dept. of
No provision.
No provision.
No provision.
No provision. Would
establish
No provision.
Homeland Security
within Department
and its oversight
of Homeland
committees should
Security an Office
regularly assess
of Counternarcotics
types of threats to
Enforcement
U.S. and determine
headed by a

CRS-22
9/11 Commission
Collins/Lieberman
McCain/Lieberman
Pelosi
Bush
Hastert
Current Law
(S. 2845, approved,
(S. 2774)
(H.R. 5024)
Administration
(H.R. 10)
as amended, by the
(submitted Sept.
Senate
16, 2004)
Government Affs.
Committee on
9/22/04.)
adequacy of
Presidentially
protection plans and
nominated, Senate
response readiness.
confirmed head.
IC Management Structure
NID Deputies
The NID should
Establishes a
Establishes a
Establishes three
Establishes a
Establishes a
Establishes
have three deputies:
Presidentially
Presidentially
deputies: Director
Presidentially-
Deputy NID; a
Presidentially-
foreign intelligence
appointed, Senate
appointed, Senate
of CIA; Under
nominated, Senate
Deputy NID for
nominated, Senate-
(CIA head); defense
confirmed Principal
confirmed Principal
Secretary of
confirmed Deputy
Operations; a
confirmed Deputy
intelligence (under
Deputy National
Deputy National
Defense for
NID. Not more
Deputy NID for
DCI.
secretary of defense
Intelligence
Intelligence Director.
Intelligence;
than one of the
Community
for intelligence);and
Director.
Under Secretary of
individuals serving
Management; and
homeland
Homeland
as NID or Deputy
three Associate
intelligence (FBI’s
Security for
NID may be a
NIDs for Military
exec. asst. dir. or
Information
commissioned
Support; Domestic
under secretary. of
Analysis and
officer of the
Security; and
homeland security
Infrastructure
Armed Forces,
Diplomatic Affairs.
for info. analysis
Protection.
whether active or
and infrastructure
retired status.
protection).
Deputy Director of Central Intelligence For Community Management
Recommends
No provision.
No provision.
No provision.
No provision.
No provision.
There is the position
eliminating the
for Deputy Director
position.
of Central
Intelligence for
Community
Management.

CRS-23
9/11 Commission
Collins/Lieberman
McCain/Lieberman
Pelosi
Bush
Hastert
Current Law
(S. 2845, approved,
(S. 2774)
(H.R. 5024)
Administration
(H.R. 10)
as amended, by the
(submitted Sept.
Senate
16, 2004)
Government Affs.
Committee on
9/22/04.)
Deputy DNIs for Operations & Resources
No
No provision.
No provision.
No provision.
No provision. Establishes
Deputy
No provision.
recommendation.
NID for Operations.
Associate Directors of Central Intelligence
No
No provision.
No provision.
No provision.
No provision.
No provision.
No provision.
recommendation.
Assistant Directors of Central Intelligence
No recommendation
Eliminates the
Eliminates the
No provision.
No provision.
Eliminates the
No provision.
positions of
positions of Assistant
positions of
Assistant Directors
Directors of Central
Assistant Directors
of Central
Intelligence for
of Central
Intelligence for
Collection; Analysis
Intelligence for
Collection; Analysis
and Production; and
Collection; Analysis
and Production; and
Administration.
and Production; and
Administration.
Administration.
Assistant Directors of National Intelligence
No recommendation
Establishes no more
Establishes a Deputy
No provision.
No provision.
Establishes three
There are assistant
than four Deputy
NIDs for Foreign
associate NIDs for
directors of central
National
intelligence; Defense
Military Support;
intelligence for
Intelligence
Intelligence;
Domestic Security;
collection; analysis
Directors.
homeland
and Diplomatic
and production;
intelligence.
Affairs.
administration.

CRS-24
9/11 Commission
Collins/Lieberman
McCain/Lieberman
Pelosi
Bush
Hastert
Current Law
(S. 2845, approved,
(S. 2774)
(H.R. 5024)
Administration
(H.R. 10)
as amended, by the
(submitted Sept.
Senate
16, 2004)
Government Affs.
Committee on
9/22/04.)
Senior Advisor to the DNI for Homeland Security
No
No provision.
No provision.
No provision.
No provision.
No provision.
No provision.
recommendation.
General Counsel and Inspector General
No
Establishes a
Establishes a
No provision.
No provision. Establishes
General
There is an a
recommendation.
Presidentially
Presidentially
Counsel to the NID.
General Counsel
appointed, Senate
appointed, Senate
and Inspector
Confirmed General
Confirmed General
General for the
Counsel and
Counsel and Inspec-
CIA.
Inspector General
tor General under the
under the National
National Intelligence
Intelligence
Authority.
Authority.
Privacy and Civil Liberties Oversight Board/Officer for Civil Rights and Civil Liberties/Privacy and Civil Liberties Officers
Recommends the
Establishes a civil
Establishes a civil
Recommends the
No provision.
Establishes Civil
No provision.
establishment of a
liberties board; the
liberties board; the
establishment of a
Liberties Protection
board within the
position of Officer
position of Officer
board within the
Officer to ensure
executive branch to
for Civil Rights and
for Civil Rights and
executive branch
protection of civil
ensure adherence to
Civil Liberties to
Civil Liberties to
to ensure
liberties.
civil liberties
assist the NID in
assist the NID in
adherence to civil
guidelines.
protecting civil
protecting civil rights
liberties
rights and liberties;
and liberties; and
guidelines.
and civil liberties
civil liberties officers
officers in various
in various IC
IC agencies.
agencies.

CRS-25
9/11 Commission
Collins/Lieberman
McCain/Lieberman
Pelosi
Bush
Hastert
Current Law
(S. 2845, approved,
(S. 2774)
(H.R. 5024)
Administration
(H.R. 10)
as amended, by the
(submitted Sept.
Senate
16, 2004)
Government Affs.
Committee on
9/22/04.)
Privacy Officer of the National Intelligence Authority
No
Establishes a
Establishes a privacy
No provision.
No provision.
No provision.
No provision.
recommendation.
privacy officer of
officer of the NID to
the NID to assure
assure that use of
that use of
technologies sustain,
technologies
and do not erode,
sustain, and do not
privacy protections
erode, privacy
relating to use,
protections relating
collection, and
to use, collection,
disclosure of personal
and disclosure of
information.
personal
information.
Chief Human Capital Officer
No recommendation
Establishes a NID
No provision.
No provision.
No provision.
No provision. No
provision.
appointed Chief
Human Capital
Officer to advise
with respect to the
IC’s workforce.
National Counterintelligence Executive
No
Establishes the
No provision.
No provision.
No provision.
No provision. No
provision.
recommendation.
National
Counterintelligence
Executive as a
component of the
National
Intelligence

CRS-26
9/11 Commission
Collins/Lieberman
McCain/Lieberman
Pelosi
Bush
Hastert
Current Law
(S. 2845, approved,
(S. 2774)
(H.R. 5024)
Administration
(H.R. 10)
as amended, by the
(submitted Sept.
Senate
16, 2004)
Government Affs.
Committee on
9/22/04.)
Authority.
Ombudsman of the National Intelligence Authority
No
Establishes an
No provision.
No provision.
No provision.
No provision.
No provision.
recommendation.
ombudsman of the
National
Intelligence
Authority to serve
as an independent,
informal, and
confidential
counselor for those
with complaints
about politicization,
biased reporting, or
lack of objective
analysis within the
Authority.
National Intelligence Council for Alternative Analysis
No
No provision.
No provision.
No provision.
No provision. Does
No provision.
No provision.
recommendation.
establish, however,
a National
Intelligence Council
with the NID’s
office, to produce
national intelligence
estimates and
alternative views
held by IC agencies,
whenever

CRS-27
9/11 Commission
Collins/Lieberman
McCain/Lieberman
Pelosi
Bush
Hastert
Current Law
(S. 2845, approved,
(S. 2774)
(H.R. 5024)
Administration
(H.R. 10)
as amended, by the
(submitted Sept.
Senate
16, 2004)
Government Affs.
Committee on
9/22/04.)
appropriate.
Joint Tasking Organization
No
No provision.
No provision.
No provision.
No provision.
No provision.
No provision.
recommendation.
Joint Intelligence Comptroller
No
Establishes an
Establishes an
No provision.
No provision.
No provision.
No provision.
recommendation.
Intelligence
Intelligence
Comptroller to
Comptroller to assist
assist the NID in
the NID in budget
budget preparation
preparation and
and execution.
execution.
Joint Acquisition Office
No
No provision.
No provision.
No provision.
No provision.
No provision.
No provision.
recommendation.

CRS-28
9/11 Commission
Collins/Lieberman
McCain/Lieberman
Pelosi
Bush
Hastert
Current Law
(S. 2845, approved,
(S. 2774)
(H.R. 5024)
Administration
(H.R. 10)
as amended, by the
(submitted Sept.
Senate
16, 2004)
Government Affs.
Committee on
9/22/04.)
National Intelligence Reserve Corps
No
Establishes a
No provision.
No provision.
No provision.
NID will conduct a
No provision.
recommendation.
National
pilot project to
Intelligence Reserve
establish a Civilian
Corps for temporary
Linguist Reserve
re-employment on a
Corps comprised of
voluntary basis of
U.S. citizens with
former IC
needed foreign
employees.
language
capabilities.
Joint Military Intelligence Program (JMIP)
No
No provision.
Eliminates the JMIP.
No provision.
No provision.
No provision. No
provision.
recommendation.
Chief Financial Officer
No
Would establish a
No provision.
No provision.
No provision.
No provision.
No provision.
recommendation.
Chief Financial
Officer.
GAO Report Requirement
No
Would require the
No provision.
No provision.
No provision.
No provision.
No provision.
recommendation.
GAO to issue a
progress report on
reform two years
after enactment.
Language
CIA Director
CIA Director
CIA Director should
CIA Director
No provision.
Recommends a
No provision.
should build a
should develop and
develop a stronger
should develop a
series of language
stronger language
maintain an
language program.
stronger language
reforms, including
program.
effective language
program.
improvements to

CRS-29
9/11 Commission
Collins/Lieberman
McCain/Lieberman
Pelosi
Bush
Hastert
Current Law
(S. 2845, approved,
(S. 2774)
(H.R. 5024)
Administration
(H.R. 10)
as amended, by the
(submitted Sept.
Senate
16, 2004)
Government Affs.
Committee on
9/22/04.)
the National
Flagship Language
Initiative and
establishment of a
language
scholarship
program.
National Intelligence Definition
No
No provision.
No provision.
No provision.
No provision.
Revises definition
No provision.
recommendation.
of national
intelligence to refer
to all intelligence,
regardless of
source, pertaining to
threats to the U.S.;
WMD; and any
other matter bearing
on U.S. security.

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