To implement the recommendations of the National Commission on Terrorist Attacks Upon the United States, and for other purposes.

September 7, 2004

Mr. MCCAIN (for himself, Mr. LIEBERMAN, Mr. SPECTER, Mr. BAYH, Mr. GRAHAM of South Carolina, Mr. DASCHLE, Mrs. CLINTON, Mr. NELSON of Florida, Mr. CORZINE, Ms. MIKULSKI, and Mrs. MURRAY) introduced the following bill; which was read the first time

September 8, 2004

Read the second time and placed on the calendar

To implement the recommendations of the National Commission on Terrorist Attacks Upon the United States, 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 `9/11 Commission Report Implementation Act of 2004'.

(b) TABLE OF CONTENTS- The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I--REFORM OF INTELLIGENCE COMMUNITY

Sec. 101. Short title.

Sec. 102. Definitions.

Subtitle A--National Intelligence Authority

Sec. 111. National Intelligence Authority.

Sec. 112. National Intelligence Director.

Sec. 113. Office of the National Intelligence Director.

Sec. 114. Deputy National Intelligence Directors.

Sec. 115. National Intelligence Council.

Sec. 116. General Counsel of the National Intelligence Authority.

Sec. 117. Inspector General of the National Intelligence Authority.

Sec. 118. Intelligence Comptroller.

Sec. 119. Officer for Civil Rights and Civil Liberties of the National Intelligence Authority.

Sec. 120. Privacy Officer of the National Intelligence Authority.

Sec. 121. Chief Information Officer of the National Intelligence Authority.

Subtitle B--Responsibilities and Authorities of National Intelligence Director

Sec. 131. Provision of national intelligence.

Sec. 132. Responsibilities of National Intelligence Director.

Sec. 133. Authorities of National Intelligence Director.

Sec. 134. Enhanced personnel management.

Sec. 135. Role of National Intelligence Director in appointment and termination of certain officials responsible for intelligence-related activities.

Subtitle C--Elements of National Intelligence Authority

Sec. 141. National Counterterrorism Center.

Sec. 142. National intelligence centers.

Subtitle D--Additional Authorities of National Intelligence Authority

Sec. 151. Use of appropriated funds.

Sec. 152. Procurement authorities.

Sec. 153. Personnel matters.

Sec. 154. Ethics matters.

Subtitle E--Additional Improvements of Intelligence Activities

Sec. 161. Availability to public of certain intelligence funding information.

Sec. 162. Merger of Homeland Security Council into National Security Council.

Sec. 163. Reform of Central Intelligence Agency.

Sec. 164. Paramilitary operations.

Sec. 165. Improvement of intelligence capabilities of the Federal Bureau of Investigation.

Sec. 166. Report on implementation of intelligence community reform.

Subtitle F--Conforming and Other Amendments

Sec. 171. Restatement and modification of basic authority of the Central Intelligence Agency.

Sec. 172. Conforming amendments relating to roles of National Intelligence Director and Director of the Central Intelligence Agency.

Sec. 173. Other conforming amendments.

Sec. 174. Elements of intelligence community under National Security Act of 1947.

Sec. 175. Redesignation of National Foreign Intelligence Program as National Intelligence Program.

Sec. 176. Repeal of superseded authorities.

Sec. 177. Clerical amendments to National Security Act of 1947.

Sec. 178. Conforming amendments relating to dual service of certain officials as Deputy National Intelligence Directors.

Sec. 179. Conforming amendment to Inspector General Act of 1978.

Subtitle G--Other Matters

Sec. 181. Transfer of Community Management Staff.

Sec. 182. Transfer of Terrorist Threat Integration Center.

Sec. 183. Termination of positions of Assistant Directors of Central Intelligence.

Sec. 184. Termination of Joint Military Intelligence Program.

Sec. 185. Executive schedule matters.

Sec. 186. Preservation of intelligence capabilities.

Sec. 187. General references.

TITLE II--INFORMATION SHARING

Sec. 201. Information sharing.

TITLE III--CONGRESSIONAL REFORM

Sec. 301. Findings.

Sec. 302. Reorganization of congressional jurisdiction.

TITLE IV--PRESIDENTIAL TRANSITION

Sec. 401. Presidential transition.

TITLE V--THE ROLE OF DIPLOMACY, FOREIGN AID, AND THE MILITARY IN THE WAR ON TERRORISM

Sec. 501. Report on terrorist sanctuaries.

Sec. 502. Role of Pakistan in countering terrorism.

Sec. 503. Aid to Afghanistan.

Sec. 504. The United States-Saudi Arabia relationship.

Sec. 505. Efforts to combat Islamic terrorism by engaging in the struggle of ideas in the Islamic world.

Sec. 506. United States policy toward dictatorships.

Sec. 507. Promotion of United States values through broadcast media.

Sec. 508. Use of United States scholarship and exchange programs in the Islamic world.

Sec. 509. International Youth Opportunity Fund.

Sec. 510. Report on the use of economic policies to combat terrorism.

Sec. 511. Middle East Partnership Initiative.

Sec. 512. Comprehensive coalition strategy for fighting terrorism.

Sec. 513. Detention and humane treatment of captured terrorists.

Sec. 514. Proliferation of weapons of mass destruction.

Sec. 515. Financing of terrorism.

TITLE VI--TERRORIST TRAVEL AND EFFECTIVE SCREENING

Sec. 601. Counterterrorist travel intelligence.

Sec. 602. Integrated screening system.

Sec. 603. Biometric entry and exit data system.

Sec. 604. Travel documents.

Sec. 605. Exchange of terrorist information.

Sec. 606. Minimum standards for identification-related documents.

TITLE VII--TRANSPORTATION SECURITY

Sec. 701. Definitions.

Sec. 702. National Strategy for Transportation Security.

Sec. 703. Use of watchlists for passenger air transportation screening.

Sec. 704. Enhanced passenger and cargo screening.

TITLE VIII--NATIONAL PREPAREDNESS

Sec. 801. Homeland security assistance.

Sec. 802. The incident command system.

Sec. 803. National Capital Region Mutual Aid.

Sec. 804. Assignment of spectrum for public safety.

Sec. 805. Urban area communications capabilities.

Sec. 806. Private sector preparedness.

Sec. 807. Critical infrastructure and readiness assessments.

Sec. 808. Report on Northern Command and defense of the United States homeland.

TITLE IX--PROTECTION OF CIVIL LIBERTIES

Sec. 901. Privacy and Civil Liberties Oversight Board.

Sec. 902. Privacy and Civil Liberties Officers.

TITLE I--REFORM OF INTELLIGENCE COMMUNITY

SEC. 101. SHORT TITLE.

This title may be cited as the `National Intelligence Authority Act of 2004'.

SEC. 102. DEFINITIONS.

In this title:

(1) The term `intelligence' includes foreign intelligence and counterintelligence.

(2) The term `foreign intelligence' means information relating to the capabilities, intentions, or activities of foreign governments or elements thereof, foreign organizations, or foreign persons, or international terrorist activities.

(3) The term `counterintelligence' means information gathered, and activities conducted, to protect against espionage, other intelligence activities, sabotage, or assassinations conducted by or on behalf of foreign governments or elements thereof, foreign organizations, or foreign persons, or international terrorist activities.

(4) The term `intelligence community' includes the following:

(A) The National Intelligence Authority.

(B) The Central Intelligence Agency.

(C) The National Security Agency.

(D) The Defense Intelligence Agency.

(E) The National Geospatial-Intelligence Agency.

(F) The National Reconnaissance Office.

(G) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs.

(H) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Federal Bureau of Investigation, and the Department of Energy.

(I) The Bureau of Intelligence and Research of the Department of State.

(J) The Office of Intelligence and Analysis of the Department of the Treasury.

(K) The elements of the Department of Homeland Security concerned with the analysis of intelligence information, including the Office of Intelligence of the Coast Guard.

(L) Such other elements of any other department or agency as may be designated by the President, or designated jointly by the National Intelligence Director and the head of the department or agency concerned, as an element of the intelligence community.

(5) The terms `national intelligence' and `intelligence related to the national security'--

(A) each refer to intelligence which pertains to the interests of more than one department or agency of the Government; and

(B) do not refer to counterintelligence or law enforcement activities conducted by the Federal Bureau of Investigation except to the extent provided for in procedures agreed to by the National Intelligence Director and the Attorney General, or otherwise as expressly provided for in this title.

(6) The term `National Intelligence Program'--

(A)(i) refers to all national intelligence programs, projects, and activities of the elements of the intelligence community; and

(ii) includes all programs, projects, and activities (whether or not pertaining to national intelligence) of the National Intelligence Authority, the Central Intelligence Agency, the National Security Agency, the National Geospatial-Intelligence Agency, the National Reconnaissance Office, the Office of Intelligence of the Federal Bureau of Investigation, and the Directorate of Information Analysis and Infrastructure Protection of the Department of Homeland Security; but

(B) does not refer--

(i) to any program, project, or activity pertaining solely to the requirements of a single department, agency, or element of the United States Government; or

(ii) to any program, project, or activity of the military departments to acquire intelligence solely for the planning and conduct of tactical military operations by the United States Armed Forces.

(7) The term `congressional intelligence committees' means--

(A) the Select Committee on Intelligence of the Senate; and

(B) the Permanent Select Committee on Intelligence of the House of Representatives.

Subtitle A--National Intelligence Authority

SEC. 111. NATIONAL INTELLIGENCE AUTHORITY.

(a) INDEPENDENT ESTABLISHMENT- There is hereby established as an independent establishment in the executive branch of government the National Intelligence Authority.

(b) COMPOSITION- The National Intelligence Authority is composed of the following:

(1) The Office of the National Intelligence Director.

(2) The elements specified in subtitle C.

(3) Such other elements, offices, agencies, and activities as may be designated by law or by the President as part of the Authority.

(c) PRIMARY MISSIONS- The primary missions of the National Intelligence Authority are as follows:

(1) To unify and strengthen the efforts of the intelligence community.

(2) To ensure the organization of the efforts of the intelligence community in a collective manner relating to intelligence responsibilities.

(3) To provide for the operation of the National Counterterrorism Center and the national intelligence centers under subtitle C.

(4) To eliminate barriers in the conduct of the counterterrorism activities of the United States Government between foreign intelligence activities conducted inside and outside the United States while ensuring the protection of civil liberties.

(5) To establish clear responsibility and accountability for counterterrorism and other intelligence matters relating to the national security of the United States.

(d) SEAL- The National Intelligence Director shall have a seal for the National Intelligence Authority. The design of the seal is subject to the approval of the President. Judicial notice shall be taken of the seal.

SEC. 112. NATIONAL INTELLIGENCE DIRECTOR.

(a) NATIONAL INTELLIGENCE DIRECTOR- There is a National Intelligence Director who shall be appointed by the President, by and with the advice and consent of the Senate.

(b) INDIVIDUALS ELIGIBLE FOR NOMINATION- Any individual nominated for appointment as National Intelligence Director shall have extensive national security expertise.

(c) PRINCIPAL DUTIES AND RESPONSIBILITIES- The National Intelligence Director shall--

(1) serve as head of the intelligence community in accordance with the provisions of this Act, the National Security Act of 1947 (50 U.S.C. 401 et seq.), and other applicable provisions of law;

(2) act as a principal adviser to the President for intelligence related to the national security;

(3) serve as the head of the National Intelligence Authority (but may not serve as the Director of the Central Intelligence Agency); and

(4) direct, manage, and oversee the execution of the National Intelligence Program.

(d) GENERAL RESPONSIBILITIES AND AUTHORITIES- In carrying out the duties and responsibilities set forth in subsection (c), the National Intelligence Director shall have the responsibilities set forth in section 132 and the authorities set forth in section 133 and other applicable provisions of law.

SEC. 113. OFFICE OF THE NATIONAL INTELLIGENCE DIRECTOR.

(a) OFFICE OF NATIONAL INTELLIGENCE DIRECTOR- There is within the National Intelligence Authority an Office of the National Intelligence Director.

(b) FUNCTION- The function of the Office of the National Intelligence Director is to assist the National Intelligence Director in carrying out the duties and responsibilities of the Director under this Act, the National Security Act of 1947 (50 U.S.C. 401 et seq.), and other applicable provisions of law, and to carry out such other duties as may be prescribed by the President or by law.

(c) COMPOSITION- The Office of the National Intelligence Director is composed of the following:

(1) The Deputy National Intelligence Director.

(2) The Deputy National Intelligence Director for Foreign Intelligence.

(3) The Deputy National Intelligence Director for Defense Intelligence.

(4) The Deputy National Intelligence Director for Homeland Intelligence.

(5) The National Intelligence Council.

(6) The General Counsel of the National Intelligence Authority.

(7) The Inspector General of the National Intelligence Authority.

(8) The Intelligence Comptroller.

(9) The Officer for Civil Rights and Civil Liberties of the National Intelligence Authority.

(10) The Privacy Officer of the National Intelligence Authority.

(11) The Chief Information Officer of the National Intelligence Authority.

(12) Such other offices and officials as may be established by law or the Director may establish or designate in the Office.

(d) STAFF- (1) To assist the National Intelligence Director in fulfilling the duties and responsibilities of the Director, the Director shall employ and utilize in the Office of the National Intelligence Director a professional staff having an expertise in matters relating to such duties and responsibilities, and may establish permanent positions and appropriate rates of pay with respect to that staff.

(2) The staff of the Office under paragraph (1) shall include the elements of the Community Management Staff that are transferred to the Office under section 181.

SEC. 114. DEPUTY NATIONAL INTELLIGENCE DIRECTORS.

(a) DEPUTY NATIONAL INTELLIGENCE DIRECTOR- (1) There is a Deputy National Intelligence Director who shall be appointed by the President, by and with the advice and consent of the Senate.

(2) Any individual nominated for appointment as Deputy National Intelligence Director shall have extensive national security experience and management expertise.

(3) The individual serving as Deputy National Intelligence Director may not serve in any capacity in any other element of the intelligence community.

(4) The Deputy National Intelligence Director shall assist the National Intelligence Director in carrying out the duties and responsibilities of the Director.