[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5000 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 5000

 To amend the Intelligence Reform and Terrorism Prevention Act of 2004 
 with respect to the Privacy and Civil Liberties Oversight Board, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 16, 2006

  Mr. Shays (for himself, Mrs. Maloney, Mr. Udall of New Mexico, Mr. 
Case, Mr. Owens, Mr. Stark, and Mr. Thompson of Mississippi) introduced 
 the following bill; which was referred to the Committee on Government 
  Reform, and in addition to the Committees on the Budget, Judiciary, 
 Homeland Security, and Select Intelligence (Permanent Select), for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Intelligence Reform and Terrorism Prevention Act of 2004 
 with respect to the Privacy and Civil Liberties Oversight Board, 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 ``9/11 Commission Civil Liberties 
Board Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) On July 22, 2004 the National Commission on Terrorist 
        Attacks Upon the United States (also known as the 9/11 
        Commission) issued a report that included 41 specific 
        recommendations to help prevent future terrorist attacks, 
        including details of a global strategy and government 
        reorganization necessary to implement that strategy.
            (2) One of the recommendations focused on the protections 
        of civil liberties. Specifically the following recommendation 
        was made: ``At this time of increased and consolidated 
        government authority, there should be a board within the 
        executive branch to oversee adherence to the guidelines we 
        recommend and the commitment the government makes to defend our 
        civil liberties.''.
            (3) The report also states that ``the choice between 
        security and liberty is a false choice, as nothing is more 
        likely to endanger America's liberties than the success of a 
        terrorist attack at home. Our History has shown that the 
        insecurity threatens liberty at home. Yet if our liberties are 
        curtailed, we lose the values that we are struggling to 
        defend.''.
            (4) On December 17, 2004, Public Law 108-458, the National 
        Intelligence Reform Act, was signed into law. This law created 
        a civil liberties board that does not have the authority 
        necessary to protect civil liberties.
            (5) The establishment and adequate funding of a Privacy and 
        Civil Liberties Oversight Board was a crucial recommendation 
        made by the 9/11 Commission.
            (6) In its Final Report on 9/11 Commission Recommendations, 
        the Commission noted ``very little urgency'' and 
        ``insufficient'' funding as it relates to the establishment of 
        the Privacy and Civil Liberties Oversight Board.
            (7) While the President's budget submission for fiscal year 
        2006 included $750,000 for the Privacy and Civil Liberties 
        Oversight Board, the President's budget submission for fiscal 
        year 2007 does not contain a funding line for the Board.

SEC. 3. MAKING THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD 
              INDEPENDENT.

    Section 1061(b) of the Intelligence Reform and Terrorism Prevention 
Act of 2004 is amended by striking ``within the Executive Office of the 
President'' and inserting ``as an independent agency within the 
Executive branch''.

SEC. 4. REQUIRING ALL MEMBERS OF THE PRIVACY AND CIVIL LIBERTIES 
              OVERSIGHT BOARD BE CONFIRMED BY THE SENATE.

    Subsection (e) of section 1061 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 is amended to read as follows:
    ``(e) Membership.--
            ``(1) Members.--The Board shall be composed of a full-time 
        chairman and 4 additional members, who shall be appointed by 
        the President, by and with the advice and consent of the 
        Senate.
            ``(2) Qualifications.--Members of the Board shall be 
        selected solely on the basis of their professional 
        qualifications, achievements, public stature, expertise in 
        civil liberties and privacy, and relevant experience, and 
        without regard to political affiliation, but in no event shall 
        more than 3 members of the Board be members of the same 
        political party. The President shall, before appointing an 
        individual who is not a member of the same political party as 
        the President consult with the leadership of that party, if 
        any, in the Senate and House of Representatives.
            ``(3) Incompatible office.--An individual appointed to the 
        Board may not, while serving on the Board, be an elected 
        official, officer, or employee of the Federal Government, other 
        than in the capacity as a member of the Board.
            ``(4) Term.--Each member of the Board shall serve a term of 
        six years, except that--
                    ``(A) a member appointed to a term of office after 
                the commencement of such term may serve under such 
                appointment only for the remainder of such term;
                    ``(B) upon the expiration of the term of office of 
                a member, the member shall continue to serve until the 
                member's successor has been appointed and qualified, 
                except that no member may serve under this 
                subparagraph--
                            ``(i) for more than 60 days when Congress 
                        is in session unless a nomination to fill the 
                        vacancy shall have been submitted to the 
                        Senate; or
                            ``(ii) after the adjournment sine die of 
                        the session of the Senate in which such 
                        nomination is submitted; and
                    ``(C) the members initially appointed under this 
                subsection shall serve terms of two, three, four, five, 
                and six years, respectively, from the effective date of 
                this Act, with the term of each such member to be 
                designated by the President.
            ``(5) Quorum and meetings.--The Board shall meet upon the 
        call of the chairman or a majority of its members. Three 
        members of the Board shall constitute a quorum.''.

SEC. 5. SUBPOENA POWER FOR THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT 
              BOARD.

    Section 1061(d) of the Intelligence Reform and Terrorism Prevention 
Act of 2004 is amended--
            (1) so that subparagraph (D) of paragraph (1) reads as 
        follows:
                    ``(D) require, by subpoena issued at the direction 
                of a majority of the members of the Board, persons 
                (other than departments, agencies, and elements of the 
                executive branch) to produce any relevant information, 
                documents, reports, answers, records, accounts, papers, 
                and other documentary or testimonial evidence.''; and
            (2) so that paragraph (2) reads as follows:
            ``(2) Enforcement of subpoena.--In the case of contumacy or 
        failure to obey a subpoena issued under paragraph (1)(D), the 
        United States district court for the judicial district in which 
        the subpoenaed person resides, is served, or may be found may 
        issue an order requiring such person to produce the evidence 
        required by such subpoena.''.

SEC. 6. REPORTING REQUIREMENTS.

    (a) Duties of Board.--Paragraph (4) of section 1061(c) of the 
Intelligence Reform and Terrorism Prevention Act of 2004 is amended to 
read as follows:
            ``(4) Reports.--
                    ``(A) Receipt, review, and submission.--
                            ``(i) In general.--The Board shall--
                                    ``(I) receive and review reports 
                                from privacy officers and civil 
                                liberties officers described in section 
                                212; and
                                    ``(II) periodically submit, not 
                                less than semiannually, reports to the 
                                appropriate committees of Congress, 
                                including the Committees on the 
                                Judiciary of the Senate and the House 
                                of Representatives, the Committee on 
                                Homeland Security and Governmental 
                                Affairs of the Senate, the Committee on 
                                Government Reform of the House of 
                                Representatives, the Select Committee 
                                on Intelligence of the Senate, and the 
                                Permanent Select Committee on 
                                Intelligence of the House of 
                                Representatives, and to the President.
                        Such reports shall be in unclassified form to 
                        the greatest extent possible, with a classified 
                        annex where necessary.
                            ``(ii) Contents.--Not less than 2 reports 
                        the Board submits each year under clause 
                        (i)(II) shall include--
                                    ``(I) a description of the major 
                                activities of the Board during the 
                                preceding period;
                                    ``(II) information on the findings, 
                                conclusions, and recommendations of the 
                                Board resulting from its advice and 
                                oversight functions under subsection 
                                (c);
                                    ``(III) the minority views on any 
                                findings, conclusions, and 
                                recommendations of the Board resulting 
                                from its advice and oversight functions 
                                under subsection (c); and
                                    ``(IV) each proposal reviewed by 
                                the Board under subsection (c)(1) that 
                                the Board advised against implementing, 
                                but that notwithstanding such advice, 
                                was implemented.
                    ``(B) Informing the public.--The Board shall--
                            ``(i) make its reports, including its 
                        reports to Congress, available to the public to 
                        the greatest extent that is consistent with the 
                        protection of classified information and 
                        applicable law; and
                            ``(ii) hold public hearings and otherwise 
                        inform the public of its activities, as 
                        appropriate and in a manner consistent with the 
                        protection of classified information and 
                        applicable law.''.
    (b) Privacy and Civil Liberties Officers.--Section 1062 of the 
Intelligence Reform and Terrorism Prevention Act of 2004 is amended to 
read as follows:

``SEC. 1062. PRIVACY AND CIVIL LIBERTIES OFFICERS.

    ``(a) Designation and Functions.--The Attorney General, the 
Secretary of Defense, the Secretary of State, the Secretary of the 
Treasury, the Secretary of Health and Human Services, the Secretary of 
Homeland Security, the National Intelligence Director, the Director of 
the Central Intelligence Agency, any other entity within the 
intelligence community (as defined in section 3 of the National 
Security Act of 1947 (50 U.S.C. 401a)), and the head of any other 
department, agency, or element of the executive branch designated by 
the Privacy and Civil Liberties Oversight Board to be appropriate for 
coverage under this section shall designate not less than 1 senior 
officer to--
            ``(1) assist the head of such department, agency, or 
        element and other officials of such department, agency, or 
        element in appropriately considering privacy and civil 
        liberties concerns when such officials are proposing, 
        developing, or implementing laws, regulations, policies, 
        procedures, or guidelines related to efforts to protect the 
        Nation against terrorism;
            ``(2) periodically investigate and review department, 
        agency, or element actions, policies, procedures, guidelines, 
        and related laws and their implementation to ensure that such 
        department, agency, or element is adequately considering 
        privacy and civil liberties in its actions;
            ``(3) ensure that such department, agency, or element has 
        adequate procedures to receive, investigate, respond to, and 
        redress complaints from individuals who allege such department, 
        agency, or element has violated their privacy or civil 
        liberties; and
            ``(4) in providing advice on proposals to retain or enhance 
        a particular governmental power the officer shall consider 
        whether such department, agency, or element has established--
                    ``(A) that the power actually enhances security and 
                the need for the power is balanced with the need to 
                protect privacy and civil liberties;
                    ``(B) that there is adequate supervision of the use 
                by such department, agency, or element of the power to 
                ensure protection of privacy and civil liberties; and
                    ``(C) that there are adequate guidelines and 
                oversight to properly confine its use.
    ``(b) Exception to Designation Authority.--
            ``(1) Privacy officers.--In any department, agency, or 
        element referred to in subsection (a) or designated by the 
        Board, which has a statutorily created privacy officer, such 
        officer shall perform the functions specified in subsection (a) 
        with respect to privacy.
            ``(2) Civil liberties officers.--In any department, agency, 
        or element referred to in subsection (a) or designated by the 
        Board, which has a statutorily created civil liberties officer, 
        such officer shall perform the functions specified in 
        subsection (a) with respect to civil liberties.
    ``(c) Supervision and Coordination.--Each privacy officer or civil 
liberties officer described in subsection (a) or (b) shall--
            ``(1) report directly to the head of the department, 
        agency, or element concerned; and
            ``(2) coordinate their activities with the Inspector 
        General of such department, agency, or element to avoid 
        duplication of effort.
    ``(d) Agency Cooperation.--The head of each department, agency, or 
element shall ensure that each privacy officer and civil liberties 
officer--
            ``(1) has the information, material, and resources 
        necessary to fulfill the functions of such officer;
            ``(2) is advised of proposed policy changes;
            ``(3) is consulted by decisionmakers; and
            ``(4) is given access to material and personnel the officer 
        determines to be necessary to carry out the functions of such 
        officer.
    ``(e) Reprisal for Making Complaint.--No action constituting a 
reprisal, or threat of reprisal, for making a complaint or for 
disclosing information to a privacy officer or civil liberties officer 
described in subsection (a) or (b), or to the Privacy and Civil 
Liberties Oversight Board, that indicates a possible violation of 
privacy protections or civil liberties in the administration of the 
programs and operations of the Federal Government relating to efforts 
to protect the Nation from terrorism shall be taken by any Federal 
employee in a position to take such action, unless the complaint was 
made or the information was disclosed with the knowledge that it was 
false or with willful disregard for its truth or falsity.
    ``(f) Periodic Reports.--
            ``(1) In general.--The privacy officers and civil liberties 
        officers of each department, agency, or element referred to or 
        described in subsection (a) or (b) shall periodically, but not 
        less than quarterly, submit a report on the activities of such 
        officers--
                    ``(A)(i) to the appropriate committees of Congress, 
                including the Committees on the Judiciary of the Senate 
                and the House of Representatives, the Committee on 
                Homeland Security and Governmental Affairs of the 
                Senate, the Committee on Government Reform of the House 
                of Representatives, the Select Committee on 
                Intelligence of the Senate, and the Permanent Select 
                Committee on Intelligence of the House of 
                Representatives;
                    ``(ii) to the head of such department, agency, or 
                element; and
                    ``(iii) to the Privacy and Civil Liberties 
                Oversight Board; and
                    ``(B) which shall be in unclassified form to the 
                greatest extent possible, with a classified annex where 
                necessary.
            ``(2) Contents.--Each report submitted under paragraph (1) 
        shall include information on the discharge of each of the 
        functions of the officer concerned, including--
                    ``(A) information on the number and types of 
                reviews undertaken;
                    ``(B) the type of advice provided and the response 
                given to such advice;
                    ``(C) the number and nature of the complaints 
                received by the department, agency, or element 
                concerned for alleged violations; and
                    ``(D) a summary of the disposition of such 
                complaints, the reviews and inquiries conducted, and 
                the impact of the activities of such officer.
    ``(g) Informing the Public.--Each privacy officer and civil 
liberties officer shall--
            ``(1) make the reports of such officer, including reports 
        to Congress, available to the public to the greatest extent 
        that is consistent with the protection of classified 
        information and applicable law; and
            ``(2) otherwise inform the public of the activities of such 
        officer, as appropriate and in a manner consistent with the 
        protection of classified information and applicable law.
    ``(h) Savings Clause.--Nothing in this section shall be construed 
to limit or otherwise supplant any other authorities or 
responsibilities provided by law to privacy officers or civil liberties 
officers.
    ``(i) Protections for Human Research Subjects.--The Secretary of 
Homeland Security shall ensure that the Department of Homeland Security 
complies with the protections for human research subjects, as described 
in part 46 of title 45, Code of Federal Regulations, or in equivalent 
regulations as promulgated by such Secretary, with respect to research 
that is conducted or supported by such Department.''.

SEC. 7. INCLUSION IN PRESIDENT'S BUDGET SUBMISSION TO CONGRESS.

    Section 1105(a) of title 31, United States Code, is amended by 
adding at the end the following new paragraph:
            ``(36) a separate statement of the amount of appropriations 
        requested for the Privacy and Civil Liberties Oversight 
        Board.''.
                                 <all>