1.This Act may be cited as
the Foreign Intelligence and
Information Commission Act
.
2.In this Act:
(1)2005 National
Intelligence StrategyThe 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
ReportThe 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)The
term Commission
means the Foreign Intelligence and Information
Commission established in section 4(a).
(4)Congressional
intelligence committeesThe 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 communityThe 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)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
StateThe 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.
3.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
.
4.Establishment
and functions of Commission
(a)There
is established in the legislative branch a Foreign Intelligence and Information
Commission.
(b)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.
5.Members and
staff of the Commission
(a)Members of the
Commission
(1)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)
(A)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)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)The appointments under subsection (a) shall be made
not later than 60 days after the date of the enactment of this Act.
(4)Members shall be appointed for the life of the
Commission.
(5)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)The members of the Commission shall
designate 1 of the voting members to serve as the chair of the
Commission.
(7)Eight
members of the Commission shall constitute a quorum for purposes of transacting
the business of the Commission.
(8)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)
(1)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 directorThe executive director shall be selected
with the approval of a majority of the members of the Commission.
(3)
(A)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)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)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 StatesUpon 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)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.
6.Powers and
duties of the Commission
(a)
(1)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)
(1)
(A)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)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)
(A)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)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 agenciesThe 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)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)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
proceduresThe 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)
(1)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)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)No
member of the Commission may receive a gift or benefit by reason of such
member's service on the Commission.
7.
(a)
(1)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)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 viewsEach member of the Commission may include that
member's dissenting views in a report required by paragraph (1) or (2) of
subsection (a).
(c)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.
8.The Commission shall terminate 60 days after
the submission of the report required by section 7(a)(2).
9.Nonapplicability
of Federal Advisory Committee ActThe Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the Commission.
10.
(a)Transfer from
the National Intelligence ProgramOf 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)The
amounts made available to the Commission pursuant to subsection (a) shall
remain available until the termination of the Commission.