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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] ...


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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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