[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3041 Introduced in Senate (IS)]







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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Foreign Intelligence and Information 
Commission Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) 2005 national intelligence strategy.--The term ``2005 
        National Intelligence Strategy'' means the National 
        Intelligence Strategy of the United States of America released 
        by the Director of National Intelligence on October 26, 2005.
            (2) 2006 annual report of the united states intelligence 
        community and 2006 annual report.--The terms ``2006 Annual 
        Report of the United States Intelligence Community'' and ``2006 
        Annual Report'' mean the 2006 Annual Report of the United 
        States Intelligence Community released by the Director of 
        National Intelligence in February 2007.
            (3) Commission.--The term ``Commission'' means the Foreign 
        Intelligence and Information Commission established in section 
        4(a).
            (4) Congressional intelligence committees.--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.
            (5) Foreign intelligence, intelligence, intelligence 
        community.--The terms ``foreign intelligence'', 
        ``intelligence'', and ``intelligence community'' have the 
        meaning given those terms in section 3 of the National Security 
        Act of 1947 (50 U.S.C. 401a).
            (6) Information.--The term ``information'' includes 
        information of relevance to the foreign policy of the United 
        States collected and conveyed through diplomatic reporting and 
        other reporting by personnel of the Government of the United 
        States who are not employed by an element of the intelligence 
        community, including public and open-source information.
            (7) Strategic plan of the department of state.--The term 
        ``Strategic Plan of the Department of State'' means the 
        Strategic Plan for Fiscal Years 2007-2012 of the Department of 
        State and the United States Agency for International 
        Development revised on May 2, 2007.

SEC. 3. FINDINGS.

    Congress makes the following findings:
            (1) Accurate, timely, and comprehensive foreign 
        intelligence and information are critical to the national 
        security of United States and the furtherance of the foreign 
        policy goals of the United States.
            (2) It is in the national security and foreign policy 
        interest of the United States to ensure the global deployment 
        of personnel of the Government of the United States who are 
        responsible for collecting, reporting, and analyzing foreign 
        intelligence and information, including specifically personnel 
        from the intelligence community and the Department of State, as 
        well as other elements of the Government of the United States, 
        and that adequate resources are committed to effect such 
        collection, reporting, and analysis.
            (3) The National Security Strategy of the United States of 
        America issued on March 16, 2006 summarized the National 
        Security Strategy of the United States of America issued on 
        September 17, 2002 and provided that ``defeating terrorism 
        requires a long-term strategy and a break with old patterns''.
            (4) The National Security Strategy of the United States of 
        America issued on March 16, 2006 asserts that ``our diplomats 
        must be able to step outside their traditional role to become 
        more involved with the challenges within other societies, 
        helping them directly, channeling assistance, and learning from 
        their experience''.
            (5) The 2005 National Intelligence Strategy and the 2006 
        Annual Report of the United States Intelligence Community 
        identified 5 major missions of the intelligence community to 
        support the national security requirements of the United 
        States, the first 2 of which, defeating terrorism and 
        preventing and countering the spread of weapons of mass 
        destruction, are global and transnational in nature.
            (6) The third major mission identified by the 2005 National 
        Intelligence Strategy and the 2006 Annual Report, bolstering 
        the growth of democracy and sustaining peaceful democratic 
        states, requires a global commitment of intelligence resources.
            (7) The 2005 National Intelligence Strategy and the 2006 
        Annual Report identify as a major mission the need to 
        ``anticipate developments of strategic concern and identify 
        opportunities as well as vulnerabilities for decision makers''.
            (8) The 2006 Annual Report provides the following:
                    (A) ``In a world in which developments in distant 
                reaches of the globe can quickly affect American 
                citizens and interests at home and abroad, the 
                Intelligence Community must alert policy makers to 
                problems before they escalate and provide insights into 
                their causes and effects. Analysis must do more than 
                just describe what is happening and why; it must 
                identify a range of opportunities for (and likely 
                consequences of) diplomatic, military, law enforcement, 
                economic, financial, or homeland security action. To 
                support policymakers, the Intelligence Community should 
                develop, sustain, and maintain access to expertise on 
                every region, every transnational security issue, and 
                every threat to the American people.''.
                    (B) ``[I]ntelligence collectors and analysts 
                provide a great deal of information to help 
                policymakers understand the spread of free institutions 
                and the perils they often face.''.
                    (C) ``We still need to re-balance, integrate, and 
                optimize collection capabilities to meet current and 
                future customer and analytic priorities. Collection is 
                . . . what gives the [Intelligence Community] its 
                `competitive advantage' in protecting the United States 
                and its interests.''.
                    (D) ``One challenge to improving the coverage of 
                emerging and strategic issues across the Intelligence 
                Community has been the diversion of resources to 
                current crisis support . . .''.
                    (E) ``Collection against terrorists in places like 
                Iraq and Afghanistan took a substantial share of the 
                [Intelligence Community's] resources and efforts in FY 
                2006.''.
                    (F) ``With so many [Intelligence Community] 
                resources dedicated to the War on Terror and WMD 
                programs in closed regimes, the [Intelligence] 
                Community's collection efforts still have to devote 
                significant attention to potential or emerging threats 
                of strategic consequence.''.
            (9) On January 23, 2007, the Deputy Director of National 
        Intelligence for Collection testified to the Select Committee 
        on Intelligence of the Senate that there is a ``need to get the 
        Intelligence Community back to what I grew up calling global 
        reach'', stating that ``we don't have that today''. She further 
        testified that ``our challenge is . . . with [Congress's] help 
        [to get back] to a place where we can do global reach, and pay 
        attention to places that we are not''.
            (10) On February 14, 2008, the Director of National 
        Intelligence testified to the Select Committee on Intelligence 
        of the Senate that ``certainly current crisis support takes a 
        disproportionate share'' of intelligence resources over 
        emerging and strategic issues.
            (11) The Strategic Plan of the Department of State--
                    (A) provides that ``National security starts 
                overseas, and our mission is to create conditions 
                abroad that serve and protect American citizens and 
                interests.'';
                    (B) provides as a strategic goal that ``Our 
                diplomatic and development activities will reduce the 
                threat or impact of violent conflict by developing 
                early warning . . . capability.''; and
                    (C) establishes that the Department of State will 
                ``emphasize regional solutions to regional problems and 
                sustainable, long-term strategies to address complex 
                challenges''.

SEC. 4. ESTABLISHMENT AND FUNCTIONS OF COMMISSION.

    (a) Establishment.--There is established in the legislative branch 
a Foreign Intelligence and Information Commission.
    (b) Functions.--The Commission shall--
            (1)(A) evaluate all global strategies of the Government of 
        the United States to collect foreign intelligence and 
        information, including public and open source information, 
        based on current and projected national security and foreign 
        policy priorities; and
            (B) provide recommendations to improve the process for 
        formulating such collection strategies;
            (2)(A) evaluate the extent to which the Government of the 
        United States coordinates foreign intelligence and information 
        collection and analysis strategies across agencies and 
        clandestine, diplomatic, military, and open source channels; 
        and
            (B) provide recommendations to improve that coordination;
            (3)(A) evaluate the extent to which the Government of the 
        United States directs human and budgetary resources toward 
        foreign intelligence and information collection and analysis 
        across all agencies and through the interagency process based 
        on collection and analysis requirements; and
            (B) provide recommendations to ensure that adequate 
        resources are provided to meet such requirements;
            (4)(A) evaluate the extent to which country missions 
        participate in the interagency strategies and budget 
        allocations for foreign intelligence and information 
        collection, analysis, and reporting; and
            (B) provide recommendations for the relevant role of 
        country missions;
            (5)(A) evaluate the extent to which major missions 
        identified in the 2005 National Intelligence Strategy and the 
        2006 Annual Report of the United States Intelligence Community, 
        specifically related to global and transnational issues, have 
        been supported with human and budgetary resources; and
            (B) provide recommendations for directing resources to such 
        missions;
            (6)(A) evaluate the extent to which the requirement, stated 
        in 2005 National Intelligence Strategy and the 2006 Annual 
        Report, to provide policy makers with intelligence and 
        information to anticipate crises before they occur and respond 
        accordingly has been supported with sustained human and 
        budgetary resources, particularly in countries and regions 
        traditionally underserved by the intelligence community; and
            (B) provide recommendations for directing resources to such 
        requirement;
            (7)(A) evaluate the extent to which requirements to collect 
        foreign intelligence and information to anticipate crises or 
        emerging threats have been met through existing collection and 
        analytical capabilities; and
            (B) provide recommendations for improving the 
        prepositioning of foreign intelligence and information 
        collection and analytical capabilities to meet such 
        requirements;
            (8)(A) evaluate--
                    (i) the extent to which foreign intelligence and 
                information collection, including diplomatic reporting 
                and public and open source information and analytical 
                resources, have been disproportionately directed toward 
                current crises, rather than toward predictive analysis; 
                and
                    (ii) the impact of the allocation of resources on 
                finished intelligence production and diplomatic 
                reporting; and
            (B) provide recommendations for improving collection, 
        reporting, and analysis of intelligence and information in 
        accordance with the need for predictive analysis, finished 
        intelligence production, and diplomatic reporting on emerging 
        and strategic issues and on current crises;
            (9)(A) evaluate all existing strategic plans for the 
        collection, reporting, and analysis of information obtained 
        through diplomatic reporting by the Department of State and 
        other agencies and departments of the United States that are 
        not elements of the intelligence community and the extent to 
        which human and budgetary resources have supported such plans; 
        and
            (B) provide recommendations to improve processes for 
        establishing such strategies;
            (10)(A) evaluate the extent to which out-of-capital embassy 
        posts of personnel of the Department of State and other 
        agencies and departments of the United States contribute to 
        information collection objectives; and
            (B) provide recommendations for improving collection, 
        analysis, and reporting capabilities of such posts or if such 
        posts do not exist, provide an assessment of whether there is a 
        need for the creation of such posts;
            (11)(A) evaluate the extent to which the requirement, 
        stated in the Strategic Plan of the Department of State, to 
        provide policy makers information to anticipate crises before 
        they occur and respond accordingly, has been supported with 
        sustained human and budgetary resources, particularly in 
        countries and regions traditionally underserved by the 
        Department of State staff and posts; and
            (B) provide recommendations for directing resources to such 
        requirements;
            (12)(A) evaluate the extent to which the elements of the 
        intelligence community, the Department of State, and other 
        agencies and departments of the United States have promoted and 
        developed language, cultural training, and other qualifications 
        for effective collection of foreign intelligence and 
        information in countries and regions to which the resources of 
        the intelligence community and the positioning of country 
        mission personnel have traditionally been limited; and
            (B) provide recommendations for improving such language and 
        other qualifications;
            (13)(A) evaluate the capabilities of the Government of the 
        United States to collect and report on foreign intelligence and 
        information, including public and open source information, and 
        conduct analysis with regard to ungoverned and undergoverned 
        countries and regions, terrorist safe havens, civil and 
        regional conflicts, arms trafficking, stability, corruption, 
        radicalization and marginalization of specific groups and human 
        rights and governance concerns; and
            (B) provide recommendations to improve collection, 
        reporting, and analysis with regard to such countries and 
        regions and the issues described in subparagraph (A);
            (14)(A) identify any regional and thematic gaps in foreign 
        intelligence and information collection, analysis, and 
        reporting; and
            (B) provide recommendations to overcome such gaps, 
        including gaps related to the allocation of human and budgetary 
        resources and processes for collection, reporting, and analysis 
        of such intelligence and information;
            (15)(A) identify impediments to directing human and 
        budgetary resources toward collection, analysis, and reporting 
        gaps, including the reasons for, and consequences of, such 
        impediments; and
            (B) provide recommendations for overcoming such 
        impediments;
            (16)(A) evaluate policies of the elements of the 
        intelligence community, the Department of State and other 
        agencies and departments of the United States to ensure 
        sustained deployment of qualified personnel in remote or 
        hardship areas of strategic significance; and
            (B) provide recommendations for improving such policies; 
        and
            (17)(A) evaluate processes and mechanisms for reporting of 
        information from country missions to policy makers and human 
        and budgetary resources directed toward such reporting; and
            (B) provide recommendations to improve such reporting.

SEC. 5. MEMBERS AND STAFF OF THE COMMISSION.

    (a) Members of the Commission.--
            (1) Appointment.--The Commission shall be composed of 14 
        members as follows:
                    (A) Three members appointed by the majority leader 
                of the Senate.
                    (B) Three members appointed by the minority leader 
                of the Senate.
                    (C) Three members appointed by the Speaker of the 
                House of Representatives.
                    (D) Three members appointed by the minority leader 
                of the House of Representatives.
                    (E) One nonvoting member appointed by the Director 
                of National Intelligence.
                    (F) One nonvoting member appointed by the Secretary 
                of State.
            (2) Selection.--
                    (A) In general.--Members of the Commission shall be 
                individuals who--
                            (i) are private citizens; and
                            (ii) have--
                                    (I) knowledge and experience in 
                                foreign information and intelligence 
                                collection, analysis, and reporting, 
                                including clandestine collection and 
                                classified analysis, diplomatic 
                                reporting and analysis, and collection 
                                of public and open source information;
                                    (II) knowledge and experience in 
                                issues related to the national security 
                                and foreign policy of the United States 
                                gained by serving as a senior official 
                                of the Department of State, a member of 
                                the Foreign Service, or an employee or 
                                officer of an appropriate agency or 
                                department of the United States or an 
                                independent organization with expertise 
                                in the field of international affairs; 
                                or
                                    (III) knowledge and experience with 
                                foreign policy decision making.
                    (B) Diversity of experience.--The individuals 
                appointed to the Commission should be selected with a 
                view to establishing diversity of experience with 
                regard to various geographic regions, functions, and 
                issues.
            (3) Time of appointment.--The appointments under subsection 
        (a) shall be made not later than 60 days after the date of the 
        enactment of this Act.
            (4) Term of appointment.--Members shall be appointed for 
        the life of the Commission.
            (5) Vacancies.--Any vacancy of the Commission shall not 
        affect the powers of the Commission and shall be filled in the 
        manner in which the original appointment was made.
            (6) Chair.--The members of the Commission shall designate 1 
        of the voting members to serve as the chair of the Commission.
            (7) Quorum.--Eight members of the Commission shall 
        constitute a quorum for purposes of transacting the business of 
        the Commission.
            (8) Meetings.--The Commission shall meet at the call of the 
        chair and shall meet regularly, not less than once every 3 
        months, during the life of the Commission.
    (b) Staff.--
            (1) In general.--The chair of the Commission may, without 
        regard to the civil service laws and regulations, appoint and 
        terminate an executive director and, in consultation with the 
        executive director, appoint and terminate such other additional 
        personnel as may be necessary to enable the Commission to 
        perform its duties. In addition to the executive director and 1 
        full-time support staff for the executive director, there shall 
        be additional staff with relevant intelligence and foreign 
        policy experience to help support the Commission's work.
            (2) Selection of the executive director.--The executive 
        director shall be selected with the approval of a majority of 
        the members of the Commission.
            (3) Compensation.--
                    (A) Executive director.--The executive director 
                shall be compensated at the rate payable for level IV 
                of the Executive Schedule under section 5315 of title 
                5, United States Code.
                    (B) Staff.--The chair of the Commission may fix the 
                compensation of other staff of the Commission without 
                regard to the provisions of chapter 51 and subchapter 
                III of chapter 53 of title 5, United States Code, 
                relating to classification of positions and General 
                Schedule pay rates, except that the rate of pay for 
                such personnel may not exceed the rate payable for 
                level IV of the Executive Schedule under section 5315 
                of such title.
    (c) Experts and Consultants.--This Commission is authorized to 
procure temporary or intermittent services of experts and consultants 
as necessary to the extent authorized by section 3109 of title 5, 
United States Code, at rates not to exceed the maximum annual rate of 
basic pay payable under section 5376 of such title.
    (d) Staff and Services of Other Agencies or Department of the 
United States.--Upon the request of the Commission, the head of any 
agency or department of the United States may detail, on a reimbursable 
or nonreimbursable basis, any of the personnel of that department or 
agency to the Commission to assist it in carrying out this Act. The 
detail of any such personnel shall be without interruption or loss of 
civil service or Foreign Service status or privilege.
    (e) Security Clearance.--The appropriate agencies or departments of 
the United States shall cooperate with the Commission in expeditiously 
providing to the members and staff of the Commission appropriate 
security clearances to the extent possible pursuant to existing 
procedures and requirements.

SEC. 6. POWERS AND DUTIES OF THE COMMISSION.

    (a) In General.--
            (1) Hearings and evidence.--The Commission may, for the 
        purpose of carrying out this Act--
                    (A) hold hearings, sit and act at times and places 
                in the United States and in countries in which the 
                United States has a diplomatic presence, take 
                testimony, and receive evidence as the Commission 
                considers advisable to carry out this Act; and
                    (B) subject to subsection (b)(1), require, by 
                subpoena or otherwise, the attendance and testimony of 
                such witnesses and the production of such books, 
                records, correspondence, memoranda, papers, and 
                documents, as the Commission considers necessary.
    (b) Subpoenas.--
            (1) Issuance.--
                    (A) In general.--A subpoena may be issued under 
                this section only--
                            (i) by the agreement of the chair of the 
                        Commission; and
                            (ii) by the affirmative vote of 6 members 
                        of the Commission.
                    (B) Signature.--Subject to subparagraph (A), 
                subpoenas issued under this section may be issued under 
                the signature of the chair or any member designated by 
                a majority of the Commission and may be served by any 
                person designated by the chair or by a member 
                designated by a majority of the Commission.
            (2) Enforcement.--
                    (A) In general.--In the case of contumacy or 
                failure to obey a subpoena issued under this section, 
                the United States district court for the judicial 
                district in which the subpoenaed person resides, is 
                served, or may be found, or where the subpoena is 
                returnable, may issue an order requiring such person to 
                appear at any designated place to testify or to produce 
                documentary or other evidence. Any failure to obey the 
                order of the court may be punished by the court as a 
                contempt of that court.
                    (B) Additional enforcement.--In the case of any 
                failure of any witness to comply with any subpoena or 
                to testify when summoned under authority of this 
                section, the Commission may, by majority vote, certify 
                a statement of fact constituting such failure to the 
                appropriate United States attorney, who may bring the 
                matter before the grand jury for its action, under the 
                same statutory authority and procedures as if the 
                United States attorney had received a certification 
                under sections 102 through 104 of the Revised Statutes 
                of the United States (2 U.S.C. 192 through 194).
    (c) Information From Federal Agencies.--The Commission may secure 
directly from any agency or department of the United States such 
information as the Commission considers necessary to carry out this 
Act. Upon request of the chair of the Commission, the head of such 
agency or department shall furnish such information to the Commission, 
subject to applicable law.
    (d) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as other 
departments and agencies of the United States.
    (e) Administrative Support.--The Administrator of General Services 
shall provide to the Commission on a reimbursable basis (or, in the 
discretion of the Administrator, on a nonreimbursable basis) such 
administrative support services as the Commission may request to carry 
out this Act.
    (f) Administrative Procedures.--The Commission may adopt such rules 
and regulations, relating to administrative procedure, as may be 
reasonably necessary to enable it to carry out this Act.
    (g) Travel.--
            (1) In general.--The members and staff of the Commission 
        may, with the approval of the Commission, conduct such travel 
        as is necessary to carry out this Act.
            (2) Expenses.--Members of the Commission shall serve 
        without pay but shall be allowed travel expenses, including per 
        diem in lieu of subsistence, at rates authorized for employees 
        of agencies under subchapter I of chapter 57 of title 5, United 
        States Code, while away from their homes or regular places of 
        business in the performance of services for the Commission.
    (h) Gifts.--No member of the Commission may receive a gift or 
benefit by reason of such member's service on the Commission.

SEC. 7. REPORT OF THE COMMISSION.

    (a) In General.--
            (1) Interim report.--Not later than 18 months after the 
        members of the Commission are appointed under section 5(a), the 
        Commission shall submit an interim report to the congressional 
        intelligence committees setting forth the preliminary findings 
        and recommendations of the Commission described in section 
        4(b).
            (2) Final report.--Not later than 6 months after the 
        submission of the report required by paragraph (1), the 
        Commission shall submit a final report setting forth the final 
        findings and recommendations of the Commission described in 
        section 4(b) to the following:
                    (A) The President.
                    (B) The Director of National Intelligence.
                    (C) The Secretary of State.
                    (D) The congressional intelligence committees.
    (b) Individual or Dissenting Views.--Each member of the Commission 
may include that member's dissenting views in a report required by 
paragraph (1) or (2) of subsection (a).
    (c) Form of Report.--The reports required by paragraphs (1) and (2) 
of subsection (a), including any finding or recommendation of such 
report, shall be submitted in both an unclassified and a classified 
form.

SEC. 8. TERMINATION.

    The Commission shall terminate 60 days after the submission of the 
report required by section 7(a)(2).

SEC. 9. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

    The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
to the Commission.

SEC. 10. FUNDING.

    (a) Transfer From the National Intelligence Program.--Of the 
amounts available for the National Intelligence Program for fiscal year 
2008, $5,000,000 shall be available for transfer to the Commission to 
carry out this Act.
    (b) Availability.--The amounts made available to the Commission 
pursuant to subsection (a) shall remain available until the termination 
of the Commission.
                                 <all>