[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1528 Introduced in Senate (IS)]

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.

    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) Foreign intelligence, intelligence.--The terms 
        ``foreign intelligence'' and ``intelligence'' have the meaning 
        given those terms in section 3 of the National Security Act of 
        1947 (50 U.S.C. 401a).
            (5) 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.
            (6) 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 7, 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 and reporting foreign intelligence 
        and information, including personnel from the intelligence 
        community, the Department of State, and other agencies and 
        departments of the Government of the United States, and that 
        adequate resources are committed to effect such collection and 
        reporting.
            (3) 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.
            (4) 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 collection, reporting, 
        and analytical capabilities.
            (5) 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''.
            (6) 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) ``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.''.
                    (C) ``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 . . .''.
                    (D) ``Collection against terrorists in places like 
                Iraq and Afghanistan took a substantial share of the 
                [Intelligence Community's] resources and efforts in FY 
                2006.''.
                    (E) ``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.''.
            (7) 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] help 
        [to get back] to a place where we can do global reach, and pay 
        attention to places that we are not.''.
            (8) 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.
            (9) In responses to questions posed by the Select Committee 
        on Intelligence of the Senate in advance of the February 5, 
        2009, hearing on the nomination of Leon Panetta to be Director 
        of the Central Intelligence Agency, Mr. Panetta stated that ``I 
        am also concerned that we have not devoted sufficient resources 
        to a broader set of national intelligence challenges--such as 
        Russia, China, the global economic downturn, as well as 
        unstable and weak governments in places such as Africa and 
        Latin America.''.
            (10) On February 12, 2009, the Director of National 
        Intelligence testified to the Select Committee on Intelligence 
        of the Senate that ``I'd say the most significant gaps are the 
        areas that are not traditional State threats, that we have not 
        figured out the right way to collect information and we have 
        not grown the analysts to do it. . . . We're not as good with 
        non-state actors.''.
            (11) On March 26, 2009, the Director of National 
        Intelligence stated that ``We re-evaluate that National 
        Intelligence Priority Framework formally ever six months and 
        informally, as we have. And its quite remarkable, if you--you 
        know those time-lapse pictures where things change? If you 
        showed a time-lapse picture of that National Intelligence 
        Priority Framework, you'd see, sort of, colors shifting over 
        time as things came up, in terms of their threat or in terms of 
        an opportunity that they--so I just, I think it's a mistake to 
        tie us down to, this is my important priority. There are 
        enduring things we have to spend a lot of time on because you 
        can't instantly generate intelligence about a country that's 
        very good at keeping its secrets that you know is going to be a 
        factor for a long time. And we have to work on those--we have 
        to work on those every time. We have to keep an excellent 
        baseline understanding of what's going on in the world, but 
        then we need to be able to flex.''.
            (12) The National Commission on Terrorist Attacks Upon the 
        United States (hereinafter referred to as the ``9/11 
        Commission'') reported that ``To find sanctuary, terrorist 
        organizations have fled to some of the least governed, most 
        lawless places in the world. The intelligence community has 
        prepared a world map that highlights possible terrorist havens, 
        using no secret intelligence--just indicating areas that 
        combine rugged terrain, weak governance, room to hide or 
        receive supplies, and low population density with a town or 
        city near enough to allow necessary interaction with the 
        outside world. Large areas scattered around the world meet 
        these criteria.''.
            (13) The 9/11 Commission recommended that the ``U.S. 
        Government must identify and prioritize actual or potential 
        terrorist sanctuaries. For each, it should have a realistic 
        strategy to keep possible terrorists insecure and on the run, 
        using all elements of national power. We should reach out, 
        listen to, and work with other countries that can help.''.
            (14) On May 6, 2008, the Acting Director of the National 
        Counterterrorism Center testified to the Select Committee on 
        Intelligence of the Senate that ``I wish I had more resources 
        to dedicate to longer-term threats, absolutely,'' that ``much 
        of the information about the instability that can lead to safe 
        havens or ideological radicalization comes not from covert 
        collection but from open collection, best done by Foreign 
        Service officers,'' and that there should be ways to direct 
        resources toward whoever is best positioned to learn about 
        safe-haven conditions.
            (15) On November 1, 2005, the Director of National 
        Intelligence Open Source Center was established with functions 
        that ``include collection, analysis and research, training, and 
        information technology management to facilitate government-wide 
        access and use'' of openly available information.
            (16) The Strategic Plan of the Department of State 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.''.
            (17) On January 22, 2009, James Steinberg, a nominee to be 
        Deputy Secretary of State, testified to the Committee on 
        Foreign Relations of the Senate that ``if we're going to be 
        effective in this move towards smart power, then we have to 
        understand how we reprioritize our resources to be able to 
        achieve that . . . If we only think about the crisis of the 
        moment, then we're not prepared as new challenges emerge. And 
        we've seen this time and time again, that issues that were not 
        immediately on the radar screen don't get the attention they 
        deserve. . . . So the idea of looking forward and trying to 
        figure out over the long-term where our priorities need to be, 
        how do we anticipate some of these challenges, and then judge 
        how we have sort of assigned resources to take care of not only 
        those current needs but also those long-term challenges I think 
        has to be very important and part of a strategic planning 
        strategy . . . although we have a very strong intelligence 
        community, that there is a tremendous resource of people who've 
        lived and worked out in the countries that we're dealing with 
        and that, for a variety of reasons, the intelligence community 
        is not always the best equipped to do that. They bring their 
        own special skills. But the Foreign Service officers, and also 
        people from outside the government, are enormous sources of 
        information and value. And we need to find better ways, in my 
        judgment, to have more contact with people in the private 
        sector, from the NGOs, from the business community, from 
        universities and the like, as part of our being able to touch 
        and feel what's going on the ground.''.
            (18) On January 22, 2009, Jacob Lew, a nominee to be Deputy 
        Secretary of State, testified to the Committee on Foreign 
        Relations of the Senate that ``I believe strongly that 
        resources have to follow priorities. The decision of where we 
        need to be and what kinds of skills we need have to fit into a 
        comprehensive strategy. . . . We need to work with our other 
        Cabinet agency partners. There are 20 government agencies that 
        have resources that work in or through our embassies. We don't 
        need to recreate the wheel; we need to cooperate with each 
        other and make sure that we have enough Foreign Service, civil 
        service and locally engaged staff so that we can effectively 
        coordinate the efforts that the United States puts on the 
        ground. I think that it all begins with the strategic planning 
        process. If we don't have a clear vision of what we need and 
        what we want, were not going to be able to make the right 
        resource allocation decisions. And we have to be able to look 
        beyond this week, next week, or even next year. . . . We need 
        to reach not just into the building but all the way into the 
        field and make it clear that we have every intention of 
        bringing the resources of the State Department to bear as we 
        deal with these kinds of problems and challenges abroad, that 
        we have knowledge in our embassies, in our consulates, about a 
        range of issues, not just political issues--economic issues, 
        scientific issues, cultural issues--that give us the broadest 
        understanding of what's going on in an increasingly global 
        world.''.
            (19) The Legal Attache offices and sub-offices of the 
        Federal Bureau of Investigation are currently located in 75 
        cities around the world, providing coverage for more than 200 
        countries, territories, and islands.
            (20) On October 4, 2007, Thomas V. Fuentes, Assistant 
        Director of the Federal Bureau of Investigation for Office of 
        International Operations, testified to the Subcommittee on 
        Border, Maritime, and Global Counterterrorism of the Committee 
        on Homeland Security of the House of Representatives that the 
        ``core mission'' of the Legal Attache offices ``is to establish 
        and maintain liaison with principal law enforcement and 
        security services in designated foreign countries . . . 
        enabl[ing] the FBI to effectively and expeditiously conduct its 
        responsibilities in combating international terrorism, 
        organized crime, cyber crime, and general criminal matters,'' 
        and that while ``they do not conduct foreign intelligence 
        gathering,'' ``typical duties'' include . . . ``conducting 
        investigations in coordination with the host government; 
        sharing investigative leads and information; briefing Embassy 
        counterparts from other agencies, including law enforcement 
        agencies, as appropriate, and Ambassadors . . . providing 
        situation reports concerning cultural protocol; [and] assessing 
        political and security climates.''.
            (21) The July 2008 Preliminary Findings by the Project on 
        National Security Reform, entitled ``Enduring Security in an 
        Unpredictable World: the Urgent Need for National Security 
        Reform,'' included the following:
                    (A) The lack of a national security strategy that 
                clearly links ends, ways, and means and assigned roles 
                and responsibilities to each department has encouraged 
                a proliferation of department-level strategies. These 
                department strategies are uncoordinated and do not 
                systematically generate capabilities required for 
                national objectives.
                    (B) The resource allocation process is not driven 
                by any overall national plan or strategy for achieving 
                broad objectives, and the results or effectiveness of 
                the budgeting process cannot be measured against such 
                objectives.
                    (C) The national security system tends to 
                overemphasize traditional security threats and under 
                emphasize emerging challenges.

SEC. 4. ESTABLISHMENT AND FUNCTIONS OF THE COMMISSION.

    (a) Establishment.--There is established in the legislative branch 
a Foreign Intelligence and Information Commission.
    (b) Functions.--The Commission shall--
            (1) evaluate any current processes or systems for the 
        strategic integration of the intelligence community, including 
        the Open Source Center, and other elements of the United States 
        Government, including the Department of State, with regard to 
        the collection, reporting and analysis of foreign intelligence 
        and information;
            (2) provide recommendations to improve or develop such 
        processes or systems to include the development of an inter-
        agency strategy that identifies--
                    (A) the collection, reporting, and analysis 
                requirements of the United States Government;
                    (B) the elements of the United States Government 
                best positioned to meet collection and reporting 
                requirements;
                    (C) collection and reporting missions for the 
                intelligence community and other elements of the United 
                States Government based on the requirements of the 
                United States Government, comparative institutional 
                advantages, and other relevant factors;
                    (D) analytical capabilities needed to achieve the 
                requirements of the United States Government; and
                    (E) inter-agency budget and resource allocations 
                necessary to achieve such collection, reporting, and 
                analytical requirements;
            (3) evaluate the extent to which current intelligence 
        collection, reporting, and analysis strategies are aimed at 
        providing global coverage and anticipating future threats, 
        challenges, and crises;
            (4) provide recommendations on how to incorporate into the 
        inter-agency strategy the means to anticipate future threats, 
        challenges, and crises, including by identifying and supporting 
        collection, reporting, and analytical capabilities which are 
        global in scope and which are directed at emerging, long-term, 
        and strategic targets;
            (5) provide recommendations on strategies for sustaining 
        human and budgetary resources to effect the global collection 
        and reporting missions identified in the inter-agency strategy, 
        including the prepositioning of collection and reporting 
        capabilities;
            (6) provide recommendations for developing, clarifying, 
        and, if necessary, bolstering current and future collection and 
        reporting roles and capabilities of elements of the United 
        States Government outside the intelligence community deployed 
        overseas;
            (7) provide recommendations related to the role of 
        individual country missions in contributing to the inter-agency 
        strategy;
            (8) evaluate the extent to which the establishment of new 
        embassies and out-of-embassy posts are able to contribute to 
        expanded global coverage and increased collection and reporting 
        and provide recommendations related to the establishment of new 
        embassies and out-of-embassy posts;
            (9) provide recommendations related to the establishment of 
        any new executive branch entity, or the expansion of the 
        authorities of any existing executive branch entity, as needed 
        to improve the strategic integration described in paragraph (1) 
        and develop and oversee the implementation of the inter-agency 
        strategy;
            (10) provide recommendations on any legislative changes 
        necessary to establish any new entity or to expand the 
        authorities of any existing entity, as described in paragraph 
        (9);
            (11) provide recommendations on processes for developing 
        and presenting to Congress budget requests for each relevant 
        element of the United States Government that reflect the 
        allocations identified in the inter-agency strategy and for 
        congressional oversight of the development and implementation 
        of the strategy; and
            (12) provide recommendations on any institutional reforms 
        related to the collection and reporting roles of individual 
        elements of the United States Government outside the 
        intelligence community, as well as any budgetary, legislative, 
        or other changes needed to achieve such reforms.

SEC. 5. MEMBERS AND STAFF OF THE COMMISSION.

    (a) Members of the Commission.--
            (1) Appointment.--The Commission shall be composed of 10 
        members as follows:
                    (A) Two members appointed by the majority leader of 
                the Senate.
                    (B) Two members appointed by the minority leader of 
                the Senate.
                    (C) Two members appointed by the Speaker of the 
                House of Representatives.
                    (D) Two 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, reporting, and analysis, 
                                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, 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 decisionmaking.
                    (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.--Six 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 an 
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 5 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, 103, or 104 of the Revised Statutes 
                of the United States (2 U.S.C. 192, 193, and 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 an agency or 
department of the United States.
    (e) Administrative Support.--The Administrator of the General 
Services Administration 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 1 year 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 4 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.
                    (E) The Committee on Foreign Relations of the 
                Senate.
                    (F) The Committee on Foreign Affairs of the House 
                of Representatives.
    (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 
2009, $4,000,000 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>