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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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