| Home > 106th Congressional Bills > S. 2811 (rfh) To amend the Consolidated Farm and Rural Development Act to make communities with high levels of out-migration or population loss eligible for community facilities grants. [Referred in House] ...
S. 2811 (rfh) To amend the Consolidated Farm and Rural Development Act to make communities with high levels of out-migration or population loss eligible for community facilities grants. [Referred in House] ...
108th CONGRESS 2d Session S. 2811 To establish the Department of Intelligence, to modify and enhance authorities and responsibilities relating to the administration of intelligence and the intelligence community, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES September 15, 2004 Mr. Specter introduced the following bill; which was read twice and referred to the Committee on Governmental Affairs _______________________________________________________________________ A BILL To establish the Department of Intelligence, to modify and enhance authorities and responsibilities relating to the administration of intelligence and the intelligence community, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Intelligence Reformation Act of 2004'' or ``9-11 Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings; purposes. Sec. 3. Definitions. TITLE I--DEPARTMENT OF INTELLIGENCE Subtitle A--Executive Department Sec. 101. Executive department. Sec. 102. Director of Intelligence. Subtitle B--Office of the Director of Intelligence Sec. 111. Office of the Director of Intelligence. Sec. 112. Deputy Director of Intelligence. Sec. 113. National Counterterrorism Center. Sec. 114. Other national intelligence centers. Sec. 115. Assistant Director of Intelligence for Research, Development, and Procurement. Sec. 116. Assistant Director of Intelligence for Civil Liberties and Privacy. Sec. 117. National Intelligence Council. Sec. 118. General Counsel of the Department of Intelligence. Sec. 119. Inspector General of the Department of Intelligence. Sec. 120. Intelligence Comptroller. Sec. 121. Chief Information Officer of the Department of Intelligence. Sec. 122. Chief Financial Officer of the Department of Intelligence. Sec. 123. Military status of Director of Intelligence and Deputy Director of Intelligence. Subtitle C--Mission, Responsibilities, and Authorities Sec. 131. Provision of national intelligence. Sec. 132. Responsibilities of Director of Intelligence. Sec. 133. Authorities of Director of Intelligence. TITLE II--ELEMENTS OF DEPARTMENT OF INTELLIGENCE Subtitle A--Central Intelligence Agency Sec. 201. Central Intelligence Agency. Sec. 202. Mission; power and authorities. Subtitle B--National Security Agency Sec. 211. National Security Agency. Sec. 212. Mission; power and authorities. Subtitle C--National Geospatial-Intelligence Agency Sec. 221. National Geospatial-Intelligence Agency. Sec. 222. Mission; power and authorities. Subtitle D--National Reconnaissance Office Sec. 231. National Reconnaissance Office. Sec. 232. Mission; power and authorities. Subtitle E--Other Offices Sec. 241. Intelligence, counterterrorism, and counterintelligence offices. Sec. 242. Office of Civil Liberties and Privacy. TITLE III--OTHER INTELLIGENCE MATTERS Subtitle A--Modifications and Improvements of Intelligence Authorities Sec. 301. Sense of Congress on availability to public of certain intelligence funding information. Sec. 302. Coordination between Director of Intelligence and Secretary of Defense in performance of specific functions pertaining to National Foreign Intelligence Program. Sec. 303. Role of Director of Intelligence in certain recommendations to the President on appointments to intelligence community. Sec. 304. Collection tasking authority. Sec. 305. Oversight of combat support agencies of the intelligence community. Sec. 306. Improvement of intelligence capabilities of the Federal Bureau of Investigation. Subtitle B--Restatement of Authorities on National Geospatial- Intelligence Agency Part I--Missions Sec. 311. Missions. Sec. 312. Support for foreign countries on imagery intelligence and geospatial information. Part II--Maps, Charts, and Geodetic Products Sec. 321. Maps, charts, and books. Sec. 322. Pilot charts. Sec. 323. Sale of maps, charts, and navigational publications. Sec. 324. Exchange of mapping, charting, and geodetic data with foreign countries and international organizations. Sec. 325. Public availability of maps, charts, and geodetic data. Sec. 326. Civil actions barred. Sec. 327. Treatment of certain operational files. Part III--Personnel Management Sec. 331. Management rights. Sec. 332. Financial assistance to certain employees in acquisition of critical skills. Part IV--Definitions Sec. 341. Definitions. TITLE IV--TRANSITION MATTERS Subtitle A--Modification of Authorities on Elements of Intelligence Community Sec. 401. Conforming modification of authorities on Central Intelligence Agency. Sec. 402. Other conforming modifications of law relating to missions, responsibilities, and authorities of Director of Intelligence and Director of Central Intelligence Agency. Sec. 403. Conforming modification of authorities on certain Central Intelligence Agency officers. Sec. 404. Conforming modification of authorities on National Security Agency. Sec. 405. Inclusion of Department of Intelligence in intelligence community. Sec. 406. Repeal of superseded authorities on National Geospatial- Intelligence Agency. Sec. 407. Other conforming amendment. Subtitle B--Other Transition Matters Relating to Intelligence Sec. 411. Preservation of intelligence capabilities. Sec. 412. General references to intelligence officials. Subtitle C--Transfer of Elements Sec. 421. Transfer of Terrorist Threat Integration Center. Sec. 422. Transfer of Community Management Staff. Sec. 423. Transfer of certain elements of Federal Bureau of Investigation. Subtitle D--Transfer of Functions Sec. 431. Transfer of functions. Sec. 432. Transitional authorities. Sec. 433. Savings provisions. Subtitle E--Other Matters Sec. 441. Treatment of Department of Intelligence as executive department. Sec. 442. Executive Schedule matters. SEC. 2. FINDINGS; PURPOSES. (a) Findings.--Congress makes the following findings: (1) Timely and accurate information about the activities, capabilities, plans, and intentions of foreign powers, organizations, and persons, and their agents, is essential to the national security of the United States. All reasonable and lawful means must be used to ensure that the United States receives the best intelligence available. (2) The National Security Act of 1947 (50 U.S.C. 401 et seq.) created a formal structure under an official who would lead the Central Intelligence Agency and, in a separate role as Director of Central Intelligence, the intelligence community of the United States Government, and serve as the principal adviser to the President on intelligence. (3) Executive Order 12333 (December 4, 1981; 46 F.R. 59941) states that ``the United States intelligence effort shall provide the President and the National Security Council with the necessary information on which to base decisions concerning the conduct and development of foreign, defense and economic policy and the protection of United States national interests from foreign security threats. All departments and agencies shall cooperate fully to fulfill this goal''. (4) The intelligence community of the United States is supposed to function as a single corporate enterprise, supporting those who manage the strategic interests of the United States, whether political, economic, or military. (5) The United States has suffered through an escalating cycle of intelligence failures, especially since the end of the Cold War, while witnessing the onset of new and emerging global threats such as terrorism and proliferation of weapons of mass destruction. (6) The Director of Central Intelligence has no genuine influence over elements of the intelligence community other than the Central Intelligence Agency because, among other things, the Director controls only a small portion of the funds, personnel, and related assets of the intelligence community. There is no structural mechanism to enforce the mandate of Executive Order 12333 that all elements of the intelligence community must fully cooperate with one another. (7) As such, the existing intelligence structure is dysfunctional, and not organized to effectively respond to new and emerging threats. In fact, the intelligence apparatus of the United States has for decades grown more cumbersome and unaccountable and may now properly be characterized as a Cold War model in an era of terrorism. (8) The existing dysfunctional structure of the intelligence community has severe consequences, as the Director of Central Intelligence--or those ostensibly under the Director's control--missed, ignored, or failed to connect numerous warnings which could have averted the terrorist plot of September 11, 2001. Similar errors may have caused the Director to mislead the President on the nature of weapons of mass destruction threats as the Administration weighed military action against Iraq. (9) Despite the best efforts of the Administration of President George W. Bush, Congress, and the American people, much of the dysfunction in the intelligence community-- including the lack of common terrorist watchlists and the inability to detect and apprehend terrorists traveling in the United States--has not been remedied in the three years since the terrorist attacks of September 11, 2001. (10) The final report of the National Commission on Terrorist Attacks Upon the United States, while making certain recommendations on the restructuring of the intelligence community to meet new and emerging terrorist threats, leaves much discretion to Congress in determining the scope and nature of the restructuring of the intelligence community. (11) President George W. Bush on August 2, 2004, specifically requested that Congress create a national intelligence director in a ``free-standing entity similar to a cabinet agency or an agency'' and ``who will have a great deal of budget authority'' and will have ``the same relationship to the White House and the President that the Secretary of Defense would have, the Secretary of the Department of Homeland Security, the Attorney General, [or] the Secretary of the Treasury would have.'' The Executive Orders issued on August 27, 2004, while properly focusing on strengthened management of the intelligence community, strengthening information sharing, and the creation of a National Counterterrorism Center, also leaves a great deal of discretion to Congress to codify these matters in law and determine the scope and nature of the restructuring of the intelligence community. (12) To effectively counter the grave threat of transnational terrorism, Secretary of Defense Donald Rumsfeld recently conceded, as he must, that ``strong, entrenched agencies must be willing to give up some of their turf and authority in exchange for a stronger, faster, more efficient, government-wide effort''. (b) Purposes.--The purposes of this Act are as follows: (1) To provide for fundamental reform of the intelligence community of the United States Government involving a robust Department of Intelligence and Director of Intelligence with control over the budgets, personnel, and related assets of the intelligence community. (2) To compel the elements of the intelligence community to work together to accomplish their common mission, much as the Goldwater-Nichols Department of Defense Reorganization Act of 1986 (Public Law 99-433) fostered ``jointness'' among the various Armed Forces, in conformance with the requirements of law and Executive orders. (3) To facilitate the provision to the President and the National Security Council of the necessary information on which to base decisions concerning the development and conduct of foreign policy, defense policy, and economic policy, and the protection of United States national interests from security threats, including threats related to transnational terrorism. (4) To ensure that all means, consistent with United States laws, Executive orders, and regulations and with full consideration of the rights of United States persons, are used to develop intelligence for the President and the National Security Council. (5) To create a structure for the intelligence community that will better serve the President in his duty under the
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