II 

111TH CONGRESS 

1ST SESSION S. 1528 

To establish a Foreign Intelligence and Information Commission, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 28, 2009 

Mr. FEINGOLD introduced the following bill; which was read twice and 

referred to the Select Committee on Intelligence 

A BILL 

To establish a Foreign Intelligence and Information 

Commission, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Foreign Intelligence 

5 and Information Commission Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) 2005 NATIONAL INTELLIGENCE STRAT9 EGY.—The term ‘‘2005 National Intelligence Strat10 egy’’ means the National Intelligence Strategy of the 


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1 United States of America released by the Director of 

2 National Intelligence on October 26, 2005. 

3 (2) 2006 ANNUAL REPORT OF THE UNITED

4 STATES INTELLIGENCE COMMUNITY AND 2006 AN5 NUAL REPORT.—The terms ‘‘2006 Annual Report of 

6 the United States Intelligence Community’’ and 

7 ‘‘2006 Annual Report’’ mean the 2006 Annual Re8 port of the United States Intelligence Community 

9 released by the Director of National Intelligence in 

10 February 2007. 

11 (3) COMMISSION.—The term ‘‘Commission’’ 

12 means the Foreign Intelligence and Information 

13 Commission established in section 4(a). 

14 (4) FOREIGN INTELLIGENCE, INTELLIGENCE.— 

15 The terms ‘‘foreign intelligence’’ and ‘‘intelligence’’ 

16 have the meaning given those terms in section 3 of 

17 the National Security Act of 1947 (50 U.S.C. 401a). 

18 (5) INFORMATION.—The term ‘‘information’’ 

19 includes information of relevance to the foreign pol20 icy of the United States collected and conveyed 

21 through diplomatic reporting and other reporting by 

22 personnel of the Government of the United States 

23 who are not employed by an element of the intel24 ligence community, including public and open-source 

25 information. 


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1 (6) STRATEGIC PLAN OF THE DEPARTMENT OF

2 STATE.—The term ‘‘Strategic Plan of the Depart3 ment of State’’ means the Strategic Plan for Fiscal 

4 Years 2007–2012 of the Department of State and 

5 the United States Agency for International Develop6 ment revised on May 7, 2007. 

7 SEC. 3. FINDINGS. 

8 Congress makes the following findings: 

9 (1) Accurate, timely, and comprehensive foreign 

10 intelligence and information are critical to the na11 tional security of United States and the furtherance 

12 of the foreign policy goals of the United States. 

13 (2) It is in the national security and foreign 

14 policy interest of the United States to ensure the 

15 global deployment of personnel of the Government of 

16 the United States who are responsible for collecting 

17 and reporting foreign intelligence and information, 

18 including personnel from the intelligence community, 

19 the Department of State, and other agencies and de20 partments of the Government of the United States, 

21 and that adequate resources are committed to effect 

22 such collection and reporting. 

23 (3) The 2005 National Intelligence Strategy 

24 and the 2006 Annual Report of the United States 

25 Intelligence Community identified 5 major missions 


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1 of the intelligence community to support the na2 tional security requirements of the United States, 

3 the first 2 of which, defeating terrorism and pre4 venting and countering the spread of weapons of 

5 mass destruction, are global and transnational in na6 ture. 

7 (4) The third major mission identified by the 

8 2005 National Intelligence Strategy and the 2006 

9 Annual Report, bolstering the growth of democracy 

10 and sustaining peaceful democratic states, requires a 

11 global commitment of collection, reporting, and ana12 lytical capabilities. 

13 (5) The 2005 National Intelligence Strategy 

14 and the 2006 Annual Report identify as a major 

15 mission the need to ‘‘anticipate developments of 

16 strategic concern and identify opportunities as well 

17 as vulnerabilities for decision makers’’. 

18 (6) The 2006 Annual Report provides the fol19 lowing: 

20 (A) ‘‘In a world in which developments in 

21 distant reaches of the globe can quickly affect 

22 American citizens and interests at home and 

23 abroad, the Intelligence Community must alert 

24 policy makers to problems before they escalate 

25 and provide insights into their causes and efVerDate Nov 24 2008 16:14 Jul 29, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1528.IS S1528

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1 fects. Analysis must do more than just describe 

2 what is happening and why; it must identify a 

3 range of opportunities for (and likely con4 sequences of) diplomatic, military, law enforce5 ment, economic, financial, or homeland security 

6 action. To support policymakers, the Intel7 ligence Community should develop, sustain, and 

8 maintain access to expertise on every region, 

9 every transnational security issue, and every 

10 threat to the American people.’’. 

11 (B) ‘‘We still need to re-balance, integrate, 

12 and optimize collection capabilities to meet cur13 rent and future customer and analytic prior14 ities. Collection is . . . what gives the [Intel15 ligence Community] its ‘competitive advantage’ 

16 in protecting the United States and its inter17 ests.’’. 

18 (C) ‘‘One challenge to improving the cov19 erage of emerging and strategic issues across 

20 the Intelligence Community has been the diver21 sion of resources to current crisis support 

22 . . .’’. 

23 (D) ‘‘Collection against terrorists in places 

24 like Iraq and Afghanistan took a substantial 


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1 share of the [Intelligence Community’s] re2 sources and efforts in FY 2006.’’. 

3 (E) ‘‘With so many [Intelligence Commu4 nity] resources dedicated to the War on Terror 

5 and WMD programs in closed regimes, the [In6 telligence] Community’s collection efforts still 

7 have to devote significant attention to potential 

8 or emerging threats of strategic consequence.’’. 

9 (7) On January 23, 2007, the Deputy Director 

10 of National Intelligence for Collection testified to the 

11 Select Committee on Intelligence of the Senate that 

12 there is a ‘‘need to get the Intelligence Community 

13 back to what I grew up calling global reach’’, stating 

14 that ‘‘we don’t have that today’’. She further testi15 fied that ‘‘our challenge is . . . with [Congress] help 

16 [to get back] to a place where we can do global 

17 reach, and pay attention to places that we are not.’’. 

18 (8) On February 14, 2008, the Director of Na19 tional Intelligence testified to the Select Committee 

20 on Intelligence of the Senate that ‘‘certainly current 

21 crisis support takes a disproportionate share’’ of in22 telligence resources over emerging and strategic 

23 issues. 

24 (9) In responses to questions posed by the Se25 lect Committee on Intelligence of the Senate in adVerDate Nov 24 2008 16:14 Jul 29, 2009 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1528.IS S1528

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1 vance of the February 5, 2009, hearing on the nomi2 nation of Leon Panetta to be Director of the Central 

3 Intelligence Agency, Mr. Panetta stated that ‘‘I am 

4 also concerned that we have not devoted sufficient 

5 resources to a broader set of national intelligence 

6 challenges—such as Russia, China, the global eco7 nomic downturn, as well as unstable and weak gov8 ernments in places such as Africa and Latin Amer9 ica.’’. 

10 (10) On February 12, 2009, the Director of 

11 National Intelligence testified to the Select Com12 mittee on Intelligence of the Senate that ‘‘I’d say 

13 the most significant gaps are the areas that are not 

14 traditional State threats, that we have not figured 

15 out the right way to collect information and we have 

16 not grown the analysts to do it. . . . We’re not as 

17 good with non-state actors.’’. 

18 (11) On March 26, 2009, the Director of Na19 tional Intelligence stated that ‘‘We re-evaluate that 

20 National Intelligence Priority Framework formally 

21 ever six months and informally, as we have. And its 

22 quite remarkable, if you—you know those time-lapse 

23 pictures where things change? If you showed a time24 lapse picture of that National Intelligence Priority 

25 Framework, you’d see, sort of, colors shifting over 


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1 time as things came up, in terms of their threat or 

2 in terms of an opportunity that they—so I just, I 

3 think it’s a mistake to tie us down to, this is my im4 portant priority. There are enduring things we have 

5 to spend a lot of time on because you can’t instantly 

6 generate intelligence about a country that’s very 

7 good at keeping its secrets that you know is going 

8 to be a factor for a long time. And we have to work 

9 on those—we have to work on those every time. We 

10 have to keep an excellent baseline understanding of 

11 what’s going on in the world, but then we need to 

12 be able to flex.’’. 

13 (12) The National Commission on Terrorist At14 tacks Upon the United States (hereinafter referred 

15 to as the ‘‘9/11 Commission’’) reported that ‘‘To 

16 find sanctuary, terrorist organizations have fled to 

17 some of the least governed, most lawless places in 

18 the world. The intelligence community has prepared 

19 a world map that highlights possible terrorist ha20 vens, using no secret intelligence—just indicating 

21 areas that combine rugged terrain, weak governance, 

22 room to hide or receive supplies, and low population 

23 density with a town or city near enough to allow 

24 necessary interaction with the outside world. Large 


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1 areas scattered around the world meet these cri2 teria.’’. 

3 (13) The 9/11 Commission recommended that 

4 the ‘‘U.S. Government must identify and prioritize 

5 actual or potential terrorist sanctuaries. For each, it 

6 should have a realistic strategy to keep possible ter7 rorists insecure and on the run, using all elements 

8 of national power. We should reach out, listen to, 

9 and work with other countries that can help.’’. 

10 (14) On May 6, 2008, the Acting Director of 

11 the National Counterterrorism Center testified to 

12 the Select Committee on Intelligence of the Senate 

13 that ‘‘I wish I had more resources to dedicate to 

14 longer-term threats, absolutely,’’ that ‘‘much of the 

15 information about the instability that can lead to 

16 safe havens or ideological radicalization comes not 

17 from covert collection but from open collection, best 

18 done by Foreign Service officers,’’ and that there 

19 should be ways to direct resources toward whoever 

20 is best positioned to learn about safe-haven condi21 tions. 

22 (15) On November 1, 2005, the Director of Na23 tional Intelligence Open Source Center was estab24 lished with functions that ‘‘include collection, anal25 ysis and research, training, and information techVerDate Nov 24 2008 16:14 Jul 29, 2009 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1528.IS S1528

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1 nology management to facilitate government-wide 

2 access and use’’ of openly available information. 

3 (16) The Strategic Plan of the Department of 

4 State provides as a strategic goal that ‘‘Our diplo5 matic and development activities will reduce the 

6 threat or impact of violent conflict by developing 

7 early warning . . . capability.’’. 

8 (17) On January 22, 2009, James Steinberg, a 

9 nominee to be Deputy Secretary of State, testified to 

10 the Committee on Foreign Relations of the Senate 

11 that ‘‘if we’re going to be effective in this move to12 wards smart power, then we have to understand how 

13 we reprioritize our resources to be able to achieve 

14 that . . . If we only think about the crisis of the 

15 moment, then we’re not prepared as new challenges 

16 emerge. And we’ve seen this time and time again, 

17 that issues that were not immediately on the radar 

18 screen don’t get the attention they deserve. . . . So 

19 the idea of looking forward and trying to figure out 

20 over the long-term where our priorities need to be, 

21 how do we anticipate some of these challenges, and 

22 then judge how we have sort of assigned resources 

23 to take care of not only those current needs but also 

24 those long-term challenges I think has to be very im25 portant and part of a strategic planning strategy 


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1 . . . although we have a very strong intelligence 

2 community, that there is a tremendous resource of 

3 people who’ve lived and worked out in the countries 

4 that we’re dealing with and that, for a variety of 

5 reasons, the intelligence community is not always the 

6 best equipped to do that. They bring their own spe7 cial skills. But the Foreign Service officers, and also 

8 people from outside the government, are enormous 

9 sources of information and value. And we need to 

10 find better ways, in my judgment, to have more con11 tact with people in the private sector, from the 

12 NGOs, from the business community, from univer13 sities and the like, as part of our being able to touch 

14 and feel what’s going on the ground.’’. 

15 (18) On January 22, 2009, Jacob Lew, a nomi16 nee to be Deputy Secretary of State, testified to the 

17 Committee on Foreign Relations of the Senate that 

18 ‘‘I believe strongly that resources have to follow pri19 orities. The decision of where we need to be and 

20 what kinds of skills we need have to fit into a com21 prehensive strategy. . . . We need to work with our 

22 other Cabinet agency partners. There are 20 govern23 ment agencies that have resources that work in or 

24 through our embassies. We don’t need to recreate 

25 the wheel; we need to cooperate with each other and 


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1 make sure that we have enough Foreign Service, 

2 civil service and locally engaged staff so that we can 

3 effectively coordinate the efforts that the United 

4 States puts on the ground. I think that it all begins 

5 with the strategic planning process. If we don’t have 

6 a clear vision of what we need and what we want, 

7 were not going to be able to make the right resource 

8 allocation decisions. And we have to be able to look 

9 beyond this week, next week, or even next year. . . . 

10 We need to reach not just into the building but all 

11 the way into the field and make it clear that we have 

12 every intention of bringing the resources of the State 

13 Department to bear as we deal with these kinds of 

14 problems and challenges abroad, that we have 

15 knowledge in our embassies, in our consulates, about 

16 a range of issues, not just political issues—economic 

17 issues, scientific issues, cultural issues—that give us 

18 the broadest understanding of what’s going on in an 

19 increasingly global world.’’. 

20 (19) The Legal Attache offices and sub-offices 

21 of the Federal Bureau of Investigation are currently 

22 located in 75 cities around the world, providing cov23 erage for more than 200 countries, territories, and 

24 islands. 


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1 (20) On October 4, 2007, Thomas V. Fuentes, 

2 Assistant Director of the Federal Bureau of Inves3 tigation for Office of International Operations, testi4 fied to the Subcommittee on Border, Maritime, and 

5 Global Counterterrorism of the Committee on Home6 land Security of the House of Representatives that 

7 the ‘‘core mission’’ of the Legal Attache offices ‘‘is 

8 to establish and maintain liaison with principal law 

9 enforcement and security services in designated for10 eign countries . . . enabl[ing] the FBI to effectively 

11 and expeditiously conduct its responsibilities in com12 bating international terrorism, organized crime, 

13 cyber crime, and general criminal matters,’’ and that 

14 while ‘‘they do not conduct foreign intelligence gath15 ering,’’ ‘‘typical duties’’ include . . . ‘‘conducting in16 vestigations in coordination with the host govern17 ment; sharing investigative leads and information; 

18 briefing Embassy counterparts from other agencies, 

19 including law enforcement agencies, as appropriate, 

20 and Ambassadors . . . providing situation reports 

21 concerning cultural protocol; [and] assessing political 

22 and security climates.’’. 

23 (21) The July 2008 Preliminary Findings by 

24 the Project on National Security Reform, entitled 

25 ‘‘Enduring Security in an Unpredictable World: the 


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1 Urgent Need for National Security Reform,’’ in2 cluded the following: 

3 (A) The lack of a national security strat4 egy that clearly links ends, ways, and means 

5 and assigned roles and responsibilities to each 

6 department has encouraged a proliferation of 

7 department-level strategies. These department 

8 strategies are uncoordinated and do not system9 atically generate capabilities required for na10 tional objectives. 

11 (B) The resource allocation process is not 

12 driven by any overall national plan or strategy 

13 for achieving broad objectives, and the results 

14 or effectiveness of the budgeting process cannot 

15 be measured against such objectives. 

16 (C) The national security system tends to 

17 overemphasize traditional security threats and 

18 under emphasize emerging challenges. 

19 SEC. 4. ESTABLISHMENT AND FUNCTIONS OF THE COMMIS20 SION. 

21 (a) ESTABLISHMENT.—There is established in the 

22 legislative branch a Foreign Intelligence and Information 

23 Commission. 

24 (b) FUNCTIONS.—The Commission shall— 


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1 (1) evaluate any current processes or systems 

2 for the strategic integration of the intelligence com3 munity, including the Open Source Center, and 

4 other elements of the United States Government, in5 cluding the Department of State, with regard to the 

6 collection, reporting and analysis of foreign intel7 ligence and information; 

8 (2) provide recommendations to improve or de9 velop such processes or systems to include the devel10 opment of an inter-agency strategy that identifies— 

11 (A) the collection, reporting, and analysis 

12 requirements of the United States Government; 

13 (B) the elements of the United States Gov14 ernment best positioned to meet collection and 

15 reporting requirements; 

16 (C) collection and reporting missions for 

17 the intelligence community and other elements 

18 of the United States Government based on the 

19 requirements of the United States Government, 

20 comparative institutional advantages, and other 

21 relevant factors; 

22 (D) analytical capabilities needed to 

23 achieve the requirements of the United States 

24 Government; and 


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1 (E) inter-agency budget and resource allo2 cations necessary to achieve such collection, re3 porting, and analytical requirements; 

4 (3) evaluate the extent to which current intel5 ligence collection, reporting, and analysis strategies 

6 are aimed at providing global coverage and antici7 pating future threats, challenges, and crises; 

8 (4) provide recommendations on how to incor9 porate into the inter-agency strategy the means to 

10 anticipate future threats, challenges, and crises, in11 cluding by identifying and supporting collection, re12 porting, and analytical capabilities which are global 

13 in scope and which are directed at emerging, long14 term, and strategic targets; 

15 (5) provide recommendations on strategies for 

16 sustaining human and budgetary resources to effect 

17 the global collection and reporting missions identi18 fied in the inter-agency strategy, including the 

19 prepositioning of collection and reporting capabili20 ties; 

21 (6) provide recommendations for developing, 

22 clarifying, and, if necessary, bolstering current and 

23 future collection and reporting roles and capabilities 

24 of elements of the United States Government outside 

25 the intelligence community deployed overseas; 


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1 (7) provide recommendations related to the role 

2 of individual country missions in contributing to the 

3 inter-agency strategy; 

4 (8) evaluate the extent to which the establish5 ment of new embassies and out-of-embassy posts are 

6 able to contribute to expanded global coverage and 

7 increased collection and reporting and provide rec8 ommendations related to the establishment of new 

9 embassies and out-of-embassy posts; 

10 (9) provide recommendations related to the es11 tablishment of any new executive branch entity, or 

12 the expansion of the authorities of any existing exec13 utive branch entity, as needed to improve the stra14 tegic integration described in paragraph (1) and de15 velop and oversee the implementation of the inter16 agency strategy; 

17 (10) provide recommendations on any legislative 

18 changes necessary to establish any new entity or to 

19 expand the authorities of any existing entity, as de20 scribed in paragraph (9); 

21 (11) provide recommendations on processes for 

22 developing and presenting to Congress budget re23 quests for each relevant element of the United 

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1 sional oversight of the development and implementa2 tion of the strategy; and 

3 (12) provide recommendations on any institu4 tional reforms related to the collection and reporting 

5 roles of individual elements of the United States 

6 Government outside the intelligence community, as 

7 well as any budgetary, legislative, or other changes 

8 needed to achieve such reforms. 

9 SEC. 5. MEMBERS AND STAFF OF THE COMMISSION. 

10 (a) MEMBERS OF THE COMMISSION.— 

11 (1) APPOINTMENT.—The Commission shall be 

12 composed of 10 members as follows: 

13 (A) Two members appointed by the major14 ity leader of the Senate. 

15 (B) Two members appointed by the minor16 ity leader of the Senate. 

17 (C) Two members appointed by the Speak18 er of the House of Representatives. 

19 (D) Two members appointed by the minor20 ity leader of the House of Representatives. 

21 (E) One nonvoting member appointed by 

22 the Director of National Intelligence. 

23 (F) One nonvoting member appointed by 

24 the Secretary of State. 

25 (2) SELECTION.— 


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1 (A) IN GENERAL.—Members of the Com2 mission shall be individuals who— 

3 (i) are private citizens; and 

4 (ii) have— 

5 (I) knowledge and experience in 

6 foreign information and intelligence 

7 collection, reporting, and analysis, in8 cluding clandestine collection and clas9 sified analysis, diplomatic reporting 

10 and analysis, and collection of public 

11 and open source information; 

12 (II) knowledge and experience in 

13 issues related to the national security 

14 and foreign policy of the United 

15 States gained by serving as a senior 

16 official of the Department of State, a 

17 member of the Foreign Service, an 

18 employee or officer of an appropriate 

19 agency or department of the United 

20 States, or an independent organiza21 tion with expertise in the field of 

22 international affairs; or 

23 (III) knowledge and experience 

24 with foreign policy decisionmaking. 


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1 (B) DIVERSITY OF EXPERIENCE.—The in2 dividuals appointed to the Commission should 

3 be selected with a view to establishing diversity 

4 of experience with regard to various geographic 

5 regions, functions, and issues. 

6 (3) TIME OF APPOINTMENT.—The appoint7 ments under subsection (a) shall be made not later 

8 than 60 days after the date of the enactment of this 

9 Act. 

10 (4) TERM OF APPOINTMENT.—Members shall 

11 be appointed for the life of the Commission. 

12 (5) VACANCIES.—Any vacancy of the Commis13 sion shall not affect the powers of the Commission 

14 and shall be filled in the manner in which the origi15 nal appointment was made. 

16 (6) CHAIR.—The members of the Commission 

17 shall designate 1 of the voting members to serve as 

18 the chair of the Commission. 

19 (7) QUORUM.—Six members of the Commission 

20 shall constitute a quorum for purposes of 

21 transacting the business of the Commission. 

22 (8) MEETINGS.—The Commission shall meet at 

23 the call of the chair and shall meet regularly, not 

24 less than once every 3 months, during the life of the 

25 Commission. 


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1 (b) STAFF.— 

2 (1) IN GENERAL.—The chair of the Commission 

3 may, without regard to the civil service laws and 

4 regulations, appoint and terminate an executive di5 rector and, in consultation with the executive direc6 tor, appoint and terminate such other additional per7 sonnel as may be necessary to enable the Commis8 sion to perform its duties. In addition to the execu9 tive director and 1 full-time support staff for the ex10 ecutive director, there shall be additional staff with 

11 relevant intelligence and foreign policy experience to 

12 help support the Commission’s work. 

13 (2) SELECTION OF THE EXECUTIVE DIREC14 TOR.—The executive director shall be selected with 

15 the approval of a majority of the members of the 

16 Commission. 

17 (3) COMPENSATION.— 

18 (A) EXECUTIVE DIRECTOR.—The executive 

19 director shall be compensated at the rate pay20 able for level IV of the Executive Schedule 

21 under section 5315 of title 5, United States 

22 Code. 

23 (B) STAFF.—The chair of the Commission 

24 may fix the compensation of other staff of the 

25 Commission without regard to the provisions of 


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1 chapter 51 and subchapter III of chapter 53 of 

2 title 5, United States Code, relating to classi3 fication of positions and General Schedule pay 

4 rates, except that the rate of pay for such per5 sonnel may not exceed the rate payable for level 

6 IV of the Executive Schedule under section 

7 5315 of such title. 

8 (c) EXPERTS AND CONSULTANTS.—This Commission 

9 is authorized to procure temporary or intermittent services 

10 of experts and consultants as necessary to the extent au11 thorized by section 3109 of title 5, United States Code, 

12 at rates not to exceed the maximum annual rate of basic 

13 pay payable under section 5376 of such title. 

14 (d) STAFF AND SERVICES OF OTHER AGENCIES OR

15 DEPARTMENT OF THE UNITED STATES.—Upon the re16 quest of the Commission, the head of an agency or depart17 ment of the United States may detail, on a reimbursable 

18 or nonreimbursable basis, any of the personnel of that de19 partment or agency to the Commission to assist it in car20 rying out this Act. The detail of any such personnel shall 

21 be without interruption or loss of civil service or Foreign 

22 Service status or privilege. 

23 (e) SECURITY CLEARANCE.—The appropriate agen24 cies or departments of the United States shall cooperate 

25 with the Commission in expeditiously providing to the 


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1 members and staff of the Commission appropriate security 

2 clearances to the extent possible pursuant to existing pro3 cedures and requirements. 

4 SEC. 6. POWERS AND DUTIES OF THE COMMISSION. 

5 (a) IN GENERAL.— 

6 (1) HEARINGS AND EVIDENCE.—The Commis7 sion may, for the purpose of carrying out this Act— 

8 (A) hold hearings, sit and act at times and 

9 places in the United States and in countries in 

10 which the United States has a diplomatic pres11 ence, take testimony, and receive evidence as 

12 the Commission considers advisable to carry out 

13 this Act; and 

14 (B) subject to subsection (b)(1), require, 

15 by subpoena or otherwise, the attendance and 

16 testimony of such witnesses and the production 

17 of such books, records, correspondence, memo18 randa , papers, and documents, as the Commis19 sion considers necessary. 

20 (b) SUBPOENAS.— 

21 (1) ISSUANCE.— 

22 (A) IN GENERAL.—A subpoena may be 

23 issued under this section only— 

24 (i) by the agreement of the chair of 

25 the Commission; and 


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1 (ii) by the affirmative vote of 5 mem2 bers of the Commission. 

3 (B) SIGNATURE.—Subject to subparagraph 

4 (A), subpoenas issued under this section may be 

5 issued under the signature of the chair or any 

6 member designated by a majority of the Com7 mission and may be served by any person des8 ignated by the chair or by a member designated 

9 by a majority of the Commission. 

10 (2) ENFORCEMENT.— 

11 (A) IN GENERAL.—In the case of contu12 macy or failure to obey a subpoena issued 

13 under this section, the United States district 

14 court for the judicial district in which the sub15 poenaed person resides, is served, or may be 

16 found, or where the subpoena is returnable, 

17 may issue an order requiring such person to ap18 pear at any designated place to testify or to 

19 produce documentary or other evidence. Any 

20 failure to obey the order of the court may be 

21 punished by the court as a contempt of that 

22 court. 

23 (B) ADDITIONAL ENFORCEMENT.—In the 

24 case of any failure of any witness to comply 

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1 moned under authority of this section, the Com2 mission may, by majority vote, certify a state3 ment of fact constituting such failure to the ap4 propriate United States attorney, who may 

5 bring the matter before the grand jury for its 

6 action, under the same statutory authority and 

7 procedures as if the United States attorney had 

8 received a certification under sections 102, 103, 

9 or 104 of the Revised Statutes of the United 

10 States (2 U.S.C. 192, 193, and 194). 

11 (c) INFORMATION FROM FEDERAL AGENCIES.—The 

12 Commission may secure directly from any agency or de13 partment of the United States such information as the 

14 Commission considers necessary to carry out this Act. 

15 Upon request of the chair of the Commission, the head 

16 of such agency or department shall furnish such informa17 tion to the Commission, subject to applicable law. 

18 (d) POSTAL SERVICES.—The Commission may use 

19 the United States mails in the same manner and under 

20 the same conditions as an agency or department of the 

21 United States. 

22 (e) ADMINISTRATIVE SUPPORT.—The Administrator 

23 of the General Services Administration shall provide to the 

24 Commission on a reimbursable basis (or, in the discretion 

25 of the Administrator, on a nonreimbursable basis) such 


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1 administrative support services as the Commission may re2 quest to carry out this Act. 

3 (f) ADMINISTRATIVE PROCEDURES.—The Commis4 sion may adopt such rules and regulations, relating to ad5 ministrative procedure, as may be reasonably necessary to 

6 enable it to carry out this Act. 

7 (g) TRAVEL.— 

8 (1) IN GENERAL.—The members and staff of 

9 the Commission may, with the approval of the Com10 mission, conduct such travel as is necessary to carry 

11 out this Act. 

12 (2) EXPENSES.—Members of the Commission 

13 shall serve without pay but shall be allowed travel 

14 expenses, including per diem in lieu of subsistence, 

15 at rates authorized for employees of agencies under 

16 subchapter I of chapter 57 of title 5, United States 

17 Code, while away from their homes or regular places 

18 of business in the performance of services for the 

19 Commission. 

20 (h) GIFTS.—No member of the Commission may re21 ceive a gift or benefit by reason of such member’s service 

22 on the Commission. 

23 SEC. 7. REPORT OF THE COMMISSION. 

24 (a) IN GENERAL.— 


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1 (1) INTERIM REPORT.—Not later than 1 year 

2 after the members of the Commission are appointed 

3 under section 5(a), the Commission shall submit an 

4 interim report to the congressional intelligence com5 mittees setting forth the preliminary findings and 

6 recommendations of the Commission described in 

7 section 4(b). 

8 (2) FINAL REPORT.—Not later than 4 months 

9 after the submission of the report required by para10 graph (1), the Commission shall submit a final re11 port setting forth the final findings and rec12 ommendations of the Commission described in sec13 tion 4(b) to the following: 

14 (A) The President. 

15 (B) The Director of National Intelligence. 

16 (C) The Secretary of State. 

17 (D) The congressional intelligence commit18 tees. 

19 (E) The Committee on Foreign Relations 

20 of the Senate. 

21 (F) The Committee on Foreign Affairs of 

22 the House of Representatives. 

23 (b) INDIVIDUAL OR DISSENTING VIEWS.—Each 

24 member of the Commission may include that member’s 


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1 dissenting views in a report required by paragraph (1) or 

2 (2) of subsection (a). 

3 (c) FORM OF REPORT.—The reports required by 

4 paragraphs (1) and (2) of subsection (a), including any 

5 finding or recommendation of such report, shall be sub6 mitted in both an unclassified and a classified form. 

7 SEC. 8. TERMINATION. 

8 The Commission shall terminate 60 days after the 

9 submission of the report required by section 7(a)(2). 

10 SEC. 9. NONAPPLICABILITY OF FEDERAL ADVISORY COM11 MITTEE ACT. 

12 The Federal Advisory Committee Act (5 U.S.C. App.) 

13 shall not apply to the Commission. 

14 SEC. 10. FUNDING. 

15 (a) TRANSFER FROM THE NATIONAL INTELLIGENCE

16 PROGRAM.—Of the amounts available for the National In17 telligence Program for fiscal year 2009, $4,000,000 shall 

18 be available for transfer to the Commission to carry out 

19 this Act. 

20 (b) AVAILABILITY.—The amounts made available to 

21 the Commission pursuant to subsection (a) shall remain 

22 available until the termination of the Commission. 

Æ 


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