II 

110TH CONGRESS 

2D SESSION S. 3041 

To establish the Foreign Intelligence and Information Commission to assess 

needs and provide recommendations to improve foreign intelligence and 

information collection, analysis, and reporting, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 20, 2008 

Mr. FEINGOLD (for himself and Mr. HAGEL) introduced the following bill; 

which was read twice and referred to the Select Committee on Intelligence 

A BILL 

To establish the Foreign Intelligence and Information Commission to assess needs and provide recommendations 

to improve foreign intelligence and information collection, 

analysis, and reporting, 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: 

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1 (1) 2005 NATIONAL INTELLIGENCE STRAT2 EGY.—The term ‘‘2005 National Intelligence Strat3 egy’’ means the National Intelligence Strategy of the 

4 United States of America released by the Director of 

5 National Intelligence on October 26, 2005. 

6 (2) 2006 ANNUAL REPORT OF THE UNITED

7 STATES INTELLIGENCE COMMUNITY AND 2006 AN8 NUAL REPORT.—The terms ‘‘2006 Annual Report of 

9 the United States Intelligence Community’’ and 

10 ‘‘2006 Annual Report’’ mean the 2006 Annual Re11 port of the United States Intelligence Community 

12 released by the Director of National Intelligence in 

13 February 2007. 

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

15 means the Foreign Intelligence and Information 

16 Commission established in section 4(a). 

17 (4) CONGRESSIONAL INTELLIGENCE COMMIT18 TEES.—The term ‘‘congressional intelligence com19 mittees’’ means— 

20 (A) the Select Committee on Intelligence of 

21 the Senate; and 

22 (B) the Permanent Select Committee on 

23 Intelligence of the House of Representatives. 

24 (5) FOREIGN INTELLIGENCE, INTELLIGENCE, 

25 INTELLIGENCE COMMUNITY.—The terms ‘‘foreign 

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1 intelligence’’, ‘‘intelligence’’, and ‘‘intelligence com2 munity’’ have the meaning given those terms in sec3 tion 3 of the National Security Act of 1947 (50 

4 U.S.C. 401a). 

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

6 includes information of relevance to the foreign pol7 icy of the United States collected and conveyed 

8 through diplomatic reporting and other reporting by 

9 personnel of the Government of the United States 

10 who are not employed by an element of the intel11 ligence community, including public and open-source 

12 information. 

13 (7) STRATEGIC PLAN OF THE DEPARTMENT OF

14 STATE.—The term ‘‘Strategic Plan of the Depart15 ment of State’’ means the Strategic Plan for Fiscal 

16 Years 2007–2012 of the Department of State and 

17 the United States Agency for International Develop18 ment revised on May 2, 2007. 

19 SEC. 3. FINDINGS. 

20 Congress makes the following findings: 

21 (1) Accurate, timely, and comprehensive foreign 

22 intelligence and information are critical to the na23 tional security of United States and the furtherance 

24 of the foreign policy goals of the United States. 

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

2 policy interest of the United States to ensure the 

3 global deployment of personnel of the Government of 

4 the United States who are responsible for collecting, 

5 reporting, and analyzing foreign intelligence and in6 formation, including specifically personnel from the 

7 intelligence community and the Department of 

8 State, as well as other elements of the Government 

9 of the United States, and that adequate resources 

10 are committed to effect such collection, reporting, 

11 and analysis. 

12 (3) The National Security Strategy of the 

13 United States of America issued on March 16, 2006 

14 summarized the National Security Strategy of the 

15 United States of America issued on September 17, 

16 2002 and provided that ‘‘defeating terrorism re17 quires a long-term strategy and a break with old 

18 patterns’’. 

19 (4) The National Security Strategy of the 

20 United States of America issued on March 16, 2006 

21 asserts that ‘‘our diplomats must be able to step 

22 outside their traditional role to become more in23 volved with the challenges within other societies, 

24 helping them directly, channeling assistance, and 

25 learning from their experience’’. 

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1 (5) The 2005 National Intelligence Strategy 

2 and the 2006 Annual Report of the United States 

3 Intelligence Community identified 5 major missions 

4 of the intelligence community to support the na5 tional security requirements of the United States, 

6 the first 2 of which, defeating terrorism and pre7 venting and countering the spread of weapons of 

8 mass destruction, are global and transnational in na9 ture. 

10 (6) The third major mission identified by the 

11 2005 National Intelligence Strategy and the 2006 

12 Annual Report, bolstering the growth of democracy 

13 and sustaining peaceful democratic states, requires a 

14 global commitment of intelligence resources. 

15 (7) The 2005 National Intelligence Strategy 

16 and the 2006 Annual Report identify as a major 

17 mission the need to ‘‘anticipate developments of 

18 strategic concern and identify opportunities as well 

19 as vulnerabilities for decision makers’’. 

20 (8) The 2006 Annual Report provides the fol21 lowing: 

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

23 distant reaches of the globe can quickly affect 

24 American citizens and interests at home and 

25 abroad, the Intelligence Community must alert 

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1 policy makers to problems before they escalate 

2 and provide insights into their causes and ef3 fects. Analysis must do more than just describe 

4 what is happening and why; it must identify a 

5 range of opportunities for (and likely con6 sequences of) diplomatic, military, law enforce7 ment, economic, financial, or homeland security 

8 action. To support policymakers, the Intel9 ligence Community should develop, sustain, and 

10 maintain access to expertise on every region, 

11 every transnational security issue, and every 

12 threat to the American people.’’. 

13 (B) ‘‘[I]ntelligence collectors and analysts 

14 provide a great deal of information to help pol15 icymakers understand the spread of free institu16 tions and the perils they often face.’’. 

17 (C) ‘‘We still need to re-balance, integrate, 

18 and optimize collection capabilities to meet cur19 rent and future customer and analytic prior20 ities. Collection is . . . what gives the [Intel21 ligence Community] its ‘competitive advantage’ 

22 in protecting the United States and its inter23 ests.’’. 

24 (D) ‘‘One challenge to improving the cov25 erage of emerging and strategic issues across 

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1 the Intelligence Community has been the diver2 sion of resources to current crisis support 

3 . . .’’. 

4 (E) ‘‘Collection against terrorists in places 

5 like Iraq and Afghanistan took a substantial 

6 share of the [Intelligence Community’s] re7 sources and efforts in FY 2006.’’. 

8 (F) ‘‘With so many [Intelligence Commu9 nity] resources dedicated to the War on Terror 

10 and WMD programs in closed regimes, the [In11 telligence] Community’s collection efforts still 

12 have to devote significant attention to potential 

13 or emerging threats of strategic consequence.’’. 

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

15 of National Intelligence for Collection testified to the 

16 Select Committee on Intelligence of the Senate that 

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

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

19 that ‘‘we don’t have that today’’. She further testi20 fied that ‘‘our challenge is . . . with [Congress’s] 

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

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

23 (10) On February 14, 2008, the Director of 

24 National Intelligence testified to the Select Com25 mittee on Intelligence of the Senate that ‘‘certainly 

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1 current crisis support takes a disproportionate 

2 share’’ of intelligence resources over emerging and 

3 strategic issues. 

4 (11) The Strategic Plan of the Department of 

5 State— 

6 (A) provides that ‘‘National security starts 

7 overseas, and our mission is to create conditions 

8 abroad that serve and protect American citizens 

9 and interests.’’; 

10 (B) provides as a strategic goal that ‘‘Our 

11 diplomatic and development activities will re12 duce the threat or impact of violent conflict by 

13 developing early warning . . . capability.’’; and 

14 (C) establishes that the Department of 

15 State will ‘‘emphasize regional solutions to re16 gional problems and sustainable, long-term 

17 strategies to address complex challenges’’. 

18 SEC. 4. ESTABLISHMENT AND FUNCTIONS OF COMMISSION. 

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

20 legislative branch a Foreign Intelligence and Information 

21 Commission. 

22 (b) FUNCTIONS.—The Commission shall— 

23 (1)(A) evaluate all global strategies of the Gov24 ernment of the United States to collect foreign intel25 ligence and information, including public and open 

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1 source information, based on current and projected 

2 national security and foreign policy priorities; and 

3 (B) provide recommendations to improve the 

4 process for formulating such collection strategies; 

5 (2)(A) evaluate the extent to which the Govern6 ment of the United States coordinates foreign intel7 ligence and information collection and analysis strat8 egies across agencies and clandestine, diplomatic, 

9 military, and open source channels; and 

10 (B) provide recommendations to improve that 

11 coordination; 

12 (3)(A) evaluate the extent to which the Govern13 ment of the United States directs human and budg14 etary resources toward foreign intelligence and infor15 mation collection and analysis across all agencies 

16 and through the interagency process based on collec17 tion and analysis requirements; and 

18 (B) provide recommendations to ensure that 

19 adequate resources are provided to meet such re20 quirements; 

21 (4)(A) evaluate the extent to which country 

22 missions participate in the interagency strategies 

23 and budget allocations for foreign intelligence and 

24 information collection, analysis, and reporting; and 

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1 (B) provide recommendations for the relevant 

2 role of country missions; 

3 (5)(A) evaluate the extent to which major mis4 sions identified in the 2005 National Intelligence 

5 Strategy and the 2006 Annual Report of the United 

6 States Intelligence Community, specifically related to 

7 global and transnational issues, have been supported 

8 with human and budgetary resources; and 

9 (B) provide recommendations for directing re10 sources to such missions; 

11 (6)(A) evaluate the extent to which the require12 ment, stated in 2005 National Intelligence Strategy 

13 and the 2006 Annual Report, to provide policy mak14 ers with intelligence and information to anticipate 

15 crises before they occur and respond accordingly has 

16 been supported with sustained human and budgetary 

17 resources, particularly in countries and regions tra18 ditionally underserved by the intelligence community; 

19 and 

20 (B) provide recommendations for directing re21 sources to such requirement; 

22 (7)(A) evaluate the extent to which require23 ments to collect foreign intelligence and information 

24 to anticipate crises or emerging threats have been 

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1 met through existing collection and analytical capa2 bilities; and 

3 (B) provide recommendations for improving the 

4 prepositioning of foreign intelligence and information 

5 collection and analytical capabilities to meet such re6 quirements; 

7 (8)(A) evaluate— 

8 (i) the extent to which foreign intelligence 

9 and information collection, including diplomatic 

10 reporting and public and open source informa11 tion and analytical resources, have been dis12 proportionately directed toward current crises, 

13 rather than toward predictive analysis; and 

14 (ii) the impact of the allocation of re15 sources on finished intelligence production and 

16 diplomatic reporting; and 

17 (B) provide recommendations for improving col18 lection, reporting, and analysis of intelligence and 

19 information in accordance with the need for pre20 dictive analysis, finished intelligence production, and 

21 diplomatic reporting on emerging and strategic 

22 issues and on current crises; 

23 (9)(A) evaluate all existing strategic plans for 

24 the collection, reporting, and analysis of information 

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1 partment of State and other agencies and depart2 ments of the United States that are not elements of 

3 the intelligence community and the extent to which 

4 human and budgetary resources have supported such 

5 plans; and 

6 (B) provide recommendations to improve proc7 esses for establishing such strategies; 

8 (10)(A) evaluate the extent to which out-of-cap9 ital embassy posts of personnel of the Department 

10 of State and other agencies and departments of the 

11 United States contribute to information collection 

12 objectives; and 

13 (B) provide recommendations for improving col14 lection, analysis, and reporting capabilities of such 

15 posts or if such posts do not exist, provide an assess16 ment of whether there is a need for the creation of 

17 such posts; 

18 (11)(A) evaluate the extent to which the re19 quirement, stated in the Strategic Plan of the De20 partment of State, to provide policy makers informa21 tion to anticipate crises before they occur and re22 spond accordingly, has been supported with sus23 tained human and budgetary resources, particularly 

24 in countries and regions traditionally underserved by 

25 the Department of State staff and posts; and 

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1 (B) provide recommendations for directing re2 sources to such requirements; 

3 (12)(A) evaluate the extent to which the ele4 ments of the intelligence community, the Depart5 ment of State, and other agencies and departments 

6 of the United States have promoted and developed 

7 language, cultural training, and other qualifications 

8 for effective collection of foreign intelligence and in9 formation in countries and regions to which the re10 sources of the intelligence community and the posi11 tioning of country mission personnel have tradition12 ally been limited; and 

13 (B) provide recommendations for improving 

14 such language and other qualifications; 

15 (13)(A) evaluate the capabilities of the Govern16 ment of the United States to collect and report on 

17 foreign intelligence and information, including public 

18 and open source information, and conduct analysis 

19 with regard to ungoverned and undergoverned coun20 tries and regions, terrorist safe havens, civil and re21 gional conflicts, arms trafficking, stability, corrup22 tion, radicalization and marginalization of specific 

23 groups and human rights and governance concerns; 

24 and 

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1 (B) provide recommendations to improve collec2 tion, reporting, and analysis with regard to such 

3 countries and regions and the issues described in 

4 subparagraph (A); 

5 (14)(A) identify any regional and thematic gaps 

6 in foreign intelligence and information collection, 

7 analysis, and reporting; and 

8 (B) provide recommendations to overcome such 

9 gaps, including gaps related to the allocation of 

10 human and budgetary resources and processes for 

11 collection, reporting, and analysis of such intel12 ligence and information; 

13 (15)(A) identify impediments to directing 

14 human and budgetary resources toward collection, 

15 analysis, and reporting gaps, including the reasons 

16 for, and consequences of, such impediments; and 

17 (B) provide recommendations for overcoming 

18 such impediments; 

19 (16)(A) evaluate policies of the elements of the 

20 intelligence community, the Department of State 

21 and other agencies and departments of the United 

22 States to ensure sustained deployment of qualified 

23 personnel in remote or hardship areas of strategic 

24 significance; and 

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1 (B) provide recommendations for improving 

2 such policies; and 

3 (17)(A) evaluate processes and mechanisms for 

4 reporting of information from country missions to 

5 policy makers and human and budgetary resources 

6 directed toward such reporting; and 

7 (B) provide recommendations to improve such 

8 reporting. 

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 14 members as follows: 

13 (A) Three members appointed by the ma14 jority leader of the Senate. 

15 (B) Three members appointed by the mi16 nority leader of the Senate. 

17 (C) Three members appointed by the 

18 Speaker of the House of Representatives. 

19 (D) Three members appointed by the mi20 nority 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, analysis, and reporting, 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, or an 

18 employee or officer of an appropriate 

19 agency or department of the United 

20 States or an independent organization 

21 with expertise in the field of inter22 national affairs; or 

23 (III) knowledge and experience 

24 with foreign policy decision making. 

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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.—Eight members of the Commis20 sion 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 any agency or de17 partment of the United States may detail, on a reimburs18 able or nonreimbursable basis, any of the personnel of that 

19 department or agency to the Commission to assist it in 

20 carrying out this Act. The detail of any such personnel 

21 shall be without interruption or loss of civil service or For22 eign 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 6 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 

9 through 104 of the Revised Statutes of the 

10 United States (2 U.S.C. 192 through 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 other departments and agencies of 

21 the United States. 

22 (e) ADMINISTRATIVE SUPPORT.—The Administrator 

23 of General Services shall provide to the Commission on 

24 a reimbursable basis (or, in the discretion of the Adminis25 trator, on a nonreimbursable basis) such administrative 

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1 support services as the Commission may request to carry 

2 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 18 

2 months after the members of the Commission are 

3 appointed under section 5(a), the Commission shall 

4 submit an interim report to the congressional intel5 ligence committees setting forth the preliminary 

6 findings and recommendations of the Commission 

7 described in section 4(b). 

8 (2) FINAL REPORT.—Not later than 6 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 (b) INDIVIDUAL OR DISSENTING VIEWS.—Each 

20 member of the Commission may include that member’s 

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

22 (2) of subsection (a). 

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

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

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1 finding or recommendation of such report, shall be sub2 mitted in both an unclassified and a classified form. 

3 SEC. 8. TERMINATION. 

4 The Commission shall terminate 60 days after the 

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

6 SEC. 9. NONAPPLICABILITY OF FEDERAL ADVISORY COM7 MITTEE ACT. 

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

9 shall not apply to the Commission. 

10 SEC. 10. FUNDING. 

11 (a) TRANSFER FROM THE NATIONAL INTELLIGENCE

12 PROGRAM.—Of the amounts available for the National In13 telligence Program for fiscal year 2008, $5,000,000 shall 

14 be available for transfer to the Commission to carry out 

15 this Act. 

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

17 the Commission pursuant to subsection (a) shall remain 

18 available until the termination of the Commission. 

Æ 

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