107 
SEC. 207. HOMELAND AIRSPACE DEFENSE. 
(a) CERTIFICATION.—Not later than 30 days after 
the date of the enactment of this Act, and every 30 days 
thereafter, the Secretary of Homeland Security and the 
Secretary of Defense shall each submit to the specified 
congressional committees a certification as to whether the 
Federal Government has implemented the policy goals of 
the Intelligence Reform and Terrorism Prevention Act of 
2004 (Public Law 108–458) and the recommendations of 
the National Commission on Terrorist Attacks Upon the 
United States regarding homeland and airspace defense. 
Each Secretary shall include with such certification rec-
ommendations if further congressional action is necessary. 
If a Secretary is unable to certify the goal in the first 
sentence, the Secretary shall report to the specified com-
mittees what steps have been taken towards implementa-
tion, when implementation can reasonably be expected to 
be completed, and whether additional resources or actions 
from the Congress are required for implementation. 
(b) COMPTROLLER GENERAL REPORT.—Within 30 
days of the submission of both certifications under sub-
section (a), the Comptroller General of the United States 
shall submit to the specified congressional committees a 
report verifying that the policy referred to in that sub-
section has in fact been implemented and recommenda-
VerDate Aug 31 2005 
22:24 Mar 29, 2006
Jkt 049200
PO 00000
Frm 00107
Fmt 6652
Sfmt 6201
E:\BILLS\H5017.IH
H5017
cchase on PROD1PC60 with BILLS
108 
tions of any additional congressional action necessary to 
implement the goals referred to in that subsection. 
(c) SPECIFIED CONGRESSIONAL COMMITTEES.—For 
purposes of this section, the term ‘‘specified congressional 
committees’’ means— 
(1) the Committee on Homeland Security, the 
Committee on Government Reform, and the Com-
mittee on Transportation and Infrastructure of the 
House of Representatives; and 
(2) the Committee of Homeland Security and 
Governmental Affairs and the Committee on Envi-
ronment and Public Works of the Senate. 
SEC. 208. SEMIANNUAL REPORT ON PLANS AND STRATE-
GIES OF UNITED STATES NORTHERN COM-
MAND FOR DEFENSE OF THE UNITED STATES 
HOMELAND. 
(a) FINDINGS.—Consistent with the report of the Na-
tional Commission on Terrorist Attacks Upon the United 
States, Congress makes the following findings: 
(1) The primary responsibility for national de-
fense is with the Department of Defense and the 
secondary responsibility for national defense is with 
the Department of Homeland Security, and the two 
departments must have clear delineations of respon-
sibility. 
VerDate Aug 31 2005 
22:24 Mar 29, 2006
Jkt 049200
PO 00000
Frm 00108
Fmt 6652
Sfmt 6201
E:\BILLS\H5017.IH
H5017
cchase on PROD1PC60 with BILLS
109 
(2) Before September 11, 2001, the North 
American Aerospace Defense Command, which had 
responsibility for defending United States airspace 
on September 11, 2001— 
(A) focused on threats coming from out-
side the borders of the United States; and 
(B) had not increased its focus on ter-
rorism within the United States, even though 
the intelligence community had gathered intel-
ligence on the possibility that terrorists might 
turn to hijacking and even the use of airplanes 
as missiles within the United States. 
(3) The United States Northern Command has 
been established to assume responsibility for defense 
within the United States. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the Secretary of Defense should regularly 
assess the adequacy of the plans and strategies of 
the United States Northern Command with a view 
to ensuring that the United States Northern Com-
mand is prepared to respond effectively to all mili-
tary and paramilitary threats within the United 
States; and 
VerDate Aug 31 2005 
22:24 Mar 29, 2006
Jkt 049200
PO 00000
Frm 00109
Fmt 6652
Sfmt 6201
E:\BILLS\H5017.IH
H5017
cchase on PROD1PC60 with BILLS
110 
(2) the Committee on Armed Services of the 
Senate and the Committee on Armed Services of the 
House of Representatives should periodically review 
and assess the adequacy of those plans and strate-
gies. 
(c) SEMIANNUAL REPORT.—Not later than 90 days 
after the date of the enactment of this Act, and every 180 
days thereafter, the Secretary of Defense shall submit to 
the Committee on Armed Services of the Senate and the 
Committee on Armed Services of the House of Represent-
atives a report describing the plans and strategies of the 
United States Northern Command to defend the United 
States against military and paramilitary threats within the 
United States. 
SEC. 209. RELEVANT CONGRESSIONAL COMMITTEES DE-
FINED. 
In this subtitle, the term ‘‘relevant congressional 
committees’’ means the Committee on Homeland Security, 
the Committee on Government Reform, and the Perma-
nent Select Committee on Intelligence of the House of 
Representatives and the Committee on Homeland Security 
and Government Affairs and the Select Committee on In-
telligence of the Senate. 
VerDate Aug 31 2005 
22:24 Mar 29, 2006
Jkt 049200
PO 00000
Frm 00110
Fmt 6652
Sfmt 6201
E:\BILLS\H5017.IH
H5017
cchase on PROD1PC60 with BILLS
111 
Subtitle B—Civil Liberties and 
Executive Power 
SEC. 211. REPORT ON THE BALANCE BETWEEN SECURITY 
AND CIVIL LIBERTIES. 
(a) REPORT; CERTIFICATION.—Not later than 30 
days after the date of the enactment of this Act, and every 
30 days thereafter, the Attorney General shall submit to 
the relevant congressional committees a report on the rec-
ommendations of the 9/11 Commission and the policy 
goals of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (Public Law 108–458) with respect to the 
balance between security and civil liberties. Such report 
shall include— 
(1) a certification by the Attorney General that 
such recommendations have been implemented and 
such policy goals have been achieved; or 
(2) if the Attorney General is unable to make 
the certification described in paragraph (1), a de-
scription of— 
(A) the steps taken to implement such rec-
ommendations and achieve such policy goals; 
(B) when the Attorney General expects 
such recommendations to be implemented and 
such policy goals to be achieved; and 
VerDate Aug 31 2005 
22:24 Mar 29, 2006
Jkt 049200
PO 00000
Frm 00111
Fmt 6652
Sfmt 6201
E:\BILLS\H5017.IH
H5017
cchase on PROD1PC60 with BILLS
112 
(C) any allocation of resources or other ac-
tions by Congress the Attorney General con-
siders necessary to implement such rec-
ommendations and achieve such policy goals. 
(b) TERMINATION OF DUTY TO REPORT.—The duty 
to submit a report under subsection (a) shall terminate 
when the Attorney General submits a certification pursu-
ant to subsection (a)(1). 
(c) GAO REVIEW OF CERTIFICATION.—If the Attor-
ney General submits a certification pursuant to subsection 
(a)(1), not later than 30 days after the submission of such 
certification, the Comptroller General shall submit to the 
relevant congressional committees a report on whether the 
recommendations described in subsection (a) have been 
implemented and whether the policy goals described in 
subsection (a) have been achieved. 
SEC. 212. PRIVACY AND CIVIL LIBERTIES OVERSIGHT 
BOARD. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘9/11 Commission Civil Liberties Board Act’’. 
(b) FINDINGS.—Congress finds the following: 
(1) On July 22, 2004 the National Commission 
on Terrorist Attacks Upon the United States issued 
a report that included 41 specific recommendations 
to help prevent future terrorist attacks, including de-
VerDate Aug 31 2005 
22:24 Mar 29, 2006
Jkt 049200
PO 00000
Frm 00112
Fmt 6652
Sfmt 6201
E:\BILLS\H5017.IH
H5017
cchase on PROD1PC60 with BILLS
113 
tails of a global strategy and government reorganiza-
tion 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 in-
creased and consolidated government authority, 
there should be a board within the executive branch 
to oversee adherence to the guidelines we rec-
ommend and the commitment the government makes 
to defend our civil liberties.’’. 
(3) The report also states that ‘‘the choice be-
tween security and liberty is a false choice, as noth-
ing 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 lib-
erty 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 
VerDate Aug 31 2005 
22:24 Mar 29, 2006
Jkt 049200
PO 00000
Frm 00113
Fmt 6652
Sfmt 6201
E:\BILLS\H5017.IH
H5017
cchase on PROD1PC60 with BILLS
114 
a crucial recommendation made by the 9/11 Com-
mission. 
(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 con-
tain a funding line for the Board. 
(c) 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’’. 
(d) REQUIRING ALL MEMBERS OF THE PRIVACY AND 
CIVIL LIBERTIES OVERSIGHT BOARD BE CONFIRMED BY 
THE SENATE.—Subsection (e) of section 1061 of the In-
telligence Reform and Terrorism Prevention Act of 2004 
is amended to read as follows: 
‘‘(e) MEMBERSHIP.— 
VerDate Aug 31 2005 
22:24 Mar 29, 2006
Jkt 049200
PO 00000
Frm 00114
Fmt 6652
Sfmt 6201
E:\BILLS\H5017.IH
H5017
cchase on PROD1PC60 with BILLS
115 
‘‘(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 profes-
sional 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 capac-
ity 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 of-
fice after the commencement of such term may 
VerDate Aug 31 2005 
22:24 Mar 29, 2006
Jkt 049200
PO 00000
Frm 00115
Fmt 6652
Sfmt 6201
E:\BILLS\H5017.IH
H5017
cchase on PROD1PC60 with BILLS
116 
serve under such appointment only for the re-
mainder of such term; 
‘‘(B) upon the expiration of the term of of-
fice of a member, the member shall continue to 
serve until the member’s successor has been ap-
pointed and qualified, except that no member 
may serve under this subparagraph— 
‘‘(i) for more than 60 days when Con-
gress 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 major-
ity of its members. Three members of the Board 
shall constitute a quorum.’’. 
(e) SUBPOENA POWER FOR THE PRIVACY AND CIVIL 
LIBERTIES OVERSIGHT BOARD.—Section 1061(d) of the 
VerDate Aug 31 2005 
22:24 Mar 29, 2006
Jkt 049200
PO 00000
Frm 00116
Fmt 6652
Sfmt 6201
E:\BILLS\H5017.IH
H5017
cchase on PROD1PC60 with BILLS
117 
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 di-
rection of a majority of the members of the 
Board, persons (other than departments, agen-
cies, 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.’’. 
(f) REPORTING REQUIREMENTS.— 
(1) DUTIES OF BOARD.—Paragraph (4) of sec-
tion 1061(c) of the Intelligence Reform and Ter-
rorism Prevention Act of 2004 is amended to read 
as follows: 
VerDate Aug 31 2005 
22:24 Mar 29, 2006
Jkt 049200
PO 00000
Frm 00117
Fmt 6652
Sfmt 6201
E:\BILLS\H5017.IH
H5017
cchase on PROD1PC60 with BILLS
118 
‘‘(4) REPORTS.— 
‘‘(A) RECEIPT, 
REVIEW, 
AND
SUBMIS-
SION.— 
‘‘(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 ap-
propriate committees of Congress, in-
cluding the Committees on the Judici-
ary 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 Com-
mittee on Intelligence of the Senate, 
and the Permanent Select Committee 
on Intelligence of the House of Rep-
resentatives, and to the President. 
Such reports shall be in unclassified form 
to the greatest extent possible, with a clas-
sified annex where necessary. 
VerDate Aug 31 2005 
22:24 Mar 29, 2006
Jkt 049200
PO 00000
Frm 00118
Fmt 6652
Sfmt 6201
E:\BILLS\H5017.IH
H5017
cchase on PROD1PC60 with BILLS
119 
‘‘(ii) CONTENTS.—Not less than 2 re-
ports the Board submits each year under 
clause (i)(II) shall include— 
‘‘(I) a description of the major 
activities of the Board during the pre-
ceding period; 
‘‘(II) information on the findings, 
conclusions, and recommendations of 
the Board resulting from its advice 
and oversight functions under sub-
section (c); 
‘‘(III) the minority views on any 
findings, 
conclusions, 
and 
rec-
ommendations of the Board resulting 
from its advice and oversight func-
tions under subsection (c); and 
‘‘(IV) each proposal reviewed by 
the Board under subsection (c)(1) 
that the Board advised against imple-
menting, but that notwithstanding 
such advice, was implemented. 
‘‘(B) 
INFORMING
THE
PUBLIC.—The 
Board shall— 
‘‘(i) make its reports, including its re-
ports to Congress, available to the public 
VerDate Aug 31 2005 
22:24 Mar 29, 2006
Jkt 049200
PO 00000
Frm 00119
Fmt 6652
Sfmt 6201
E:\BILLS\H5017.IH
H5017
cchase on PROD1PC60 with BILLS
120 
to the greatest extent that is consistent 
with the protection of classified informa-
tion and applicable law; and 
‘‘(ii) hold public hearings and other-
wise inform the public of its activities, as 
appropriate and in a manner consistent 
with the protection of classified informa-
tion and applicable law.’’. 
(2) PRIVACY
AND
CIVIL
LIBERTIES
OFFI-
CERS.—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 intel-
ligence 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 Over-
sight Board to be appropriate for coverage under this sec-
tion shall designate not less than 1 senior officer to— 
VerDate Aug 31 2005 
22:24 Mar 29, 2006
Jkt 049200
PO 00000
Frm 00120
Fmt 6652
Sfmt 6201
E:\BILLS\H5017.IH
H5017
cchase on PROD1PC60 with BILLS
121 
‘‘(1) assist the head of such department, agen-
cy, or element and other officials of such depart-
ment, agency, or element in appropriately consid-
ering 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 ter-
rorism; 
‘‘(2) periodically investigate and review depart-
ment, agency, or element actions, policies, proce-
dures, guidelines, and related laws and their imple-
mentation 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, inves-
tigate, respond to, and redress complaints from indi-
viduals who allege such department, agency, or ele-
ment has violated their privacy or civil liberties; and 
‘‘(4) in providing advice on proposals to retain 
or enhance a particular governmental power the offi-
cer shall consider whether such department, agency, 
or element has established— 
‘‘(A) that the power actually enhances se-
curity and the need for the power is balanced 
VerDate Aug 31 2005 
22:24 Mar 29, 2006
Jkt 049200
PO 00000
Frm 00121
Fmt 6652
Sfmt 6201
E:\BILLS\H5017.IH
H5017
cchase on PROD1PC60 with BILLS
122 
with the need to protect privacy and civil lib-
erties; 
‘‘(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 de-
partment, agency, or element referred to in sub-
section (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 pri-
vacy officer or civil liberties officer described in subsection 
(a) or (b) shall— 
VerDate Aug 31 2005 
22:24 Mar 29, 2006
Jkt 049200
PO 00000
Frm 00122
Fmt 6652
Sfmt 6201
E:\BILLS\H5017.IH
H5017
cchase on PROD1PC60 with BILLS
123 
‘‘(1) report directly to the head of the depart-
ment, agency, or element concerned; and 
‘‘(2) coordinate their activities with the Inspec-
tor General of such department, agency, or element 
to avoid duplication of effort. 
‘‘(d) AGENCY COOPERATION.—The head of each de-
partment, agency, or element shall ensure that each pri-
vacy officer and civil liberties officer— 
‘‘(1) has the information, material, and re-
sources necessary to fulfill the functions of such offi-
cer; 
‘‘(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 ac-
tion constituting a reprisal, or threat of reprisal, for mak-
ing 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 protec-
tions or civil liberties in the administration of the pro-
grams and operations of the Federal Government relating 
to efforts to protect the Nation from terrorism shall be 
VerDate Aug 31 2005 
22:24 Mar 29, 2006
Jkt 049200
PO 00000
Frm 00123
Fmt 6652
Sfmt 6201
E:\BILLS\H5017.IH
H5017
cchase on PROD1PC60 with BILLS
124 
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 Ju-
diciary of the Senate and the House of Rep-
resentatives, the Committee on Homeland Secu-
rity 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 Perma-
nent Select Committee on Intelligence of the 
House of Representatives; 
‘‘(ii) to the head of such department, agen-
cy, or element; and 
‘‘(iii) to the Privacy and Civil Liberties 
Oversight Board; and 
VerDate Aug 31 2005 
22:24 Mar 29, 2006
Jkt 049200
PO 00000
Frm 00124
Fmt 6652
Sfmt 6201
E:\BILLS\H5017.IH
H5017
cchase on PROD1PC60 with BILLS
125 
‘‘(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 dis-
charge of each of the functions of the officer con-
cerned, 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 com-
plaints 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 activi-
ties of such officer, as appropriate and in a manner 
VerDate Aug 31 2005 
22:24 Mar 29, 2006
Jkt 049200
PO 00000
Frm 00125
Fmt 6652
Sfmt 6201
E:\BILLS\H5017.IH
H5017
cchase on PROD1PC60 with BILLS
126 
consistent with the protection of classified informa-
tion and applicable law. 
‘‘(h) SAVINGS CLAUSE.—Nothing in this section shall 
be construed to limit or otherwise supplant any other au-
thorities or responsibilities provided by law to privacy offi-
cers or civil liberties officers. 
‘‘(i) PROTECTIONS
FOR HUMAN RESEARCH SUB-
JECTS.—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 Sec-
retary, with respect to research that is conducted or sup-
ported by such Department.’’. 
(g) INCLUSION IN PRESIDENT’S BUDGET SUBMIS-
SION TO CONGRESS.—Section 1105(a) of title 31, United 
States Code, is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(36) a separate statement of the amount of 
appropriations requested for the Privacy and Civil 
Liberties Oversight Board.’’. 
(h) REPORT; CERTIFICATION.— 
(1) REPORT.—Not later than 30 days after the 
date of the enactment of this Act, and every 30 days 
thereafter, the Attorney General shall submit to the 
VerDate Aug 31 2005 
22:24 Mar 29, 2006
Jkt 049200
PO 00000
Frm 00126
Fmt 6652
Sfmt 6201
E:\BILLS\H5017.IH
H5017
cchase on PROD1PC60 with BILLS
127 
relevant congressional committees a report on on the 
extent to which the Administration has achieved and 
implemented the policy goals of Public Law 108–458 
and the recommendations of the 9/11 Commission 
regarding the implementation of the Privacy and 
Civil Liberties Oversight Board. Such report shall 
include— 
(A) a certification by the Attorney General 
that such recommendations have been imple-
mented and such policy goals have been 
achieved; or 
(B) if the Attorney General is unable to 
make the certification described in subpara-
graph (A), a description of— 
(i) the steps taken to implement such 
recommendations and achieve such policy 
goals; 
(ii) when the Attorney General ex-
pects such recommendations to be imple-
mented and such policy goals to be 
achieved; and 
(iii) any allocation of resources or 
other actions by Congress the Attorney 
General considers necessary to implement 
VerDate Aug 31 2005 
22:24 Mar 29, 2006
Jkt 049200
PO 00000
Frm 00127
Fmt 6652
Sfmt 6201
E:\BILLS\H5017.IH
H5017
cchase on PROD1PC60 with BILLS
128 
such recommendations and achieve such 
policy goals. 
(2) TERMINATION OF DUTY TO REPORT.—The 
duty to submit a report under paragraph (1) shall 
terminate when the Attorney General submits a cer-
tification pursuant to paragraph (1)(A). 
(3) GAO REVIEW OF CERTIFICATION.—If the 
Attorney General submits a certification pursuant to 
paragraph (1), not later than 30 days after the sub-
mission of such certification, the Comptroller Gen-
eral shall submit to the relevant congressional com-
mittees a report on whether the recommendations 
described in paragraph (1) have been implemented 
and whether the policy goals described in paragraph 
(1) have been achieved. 
SEC. 213. SET PRIVACY GUIDELINES FOR GOVERNMENT 
SHARING OF PERSONAL INFORMATION. 
(a) REPORT.—Not later than 30 days after the date 
of the enactment of this Act, and every 30 days thereafter, 
the Attorney General shall submit to the relevant congres-
sional committees a report on on the extent to which the 
Administration has achieved and implemented the policy 
goals of Public Law 108–458 and the recommendations 
of the 9/11 Commission regarding the privacy guidelines 
VerDate Aug 31 2005 
22:24 Mar 29, 2006
Jkt 049200
PO 00000
Frm 00128
Fmt 6652
Sfmt 6201
E:\BILLS\H5017.IH
H5017
cchase on PROD1PC60 with BILLS
129 
for government sharing of personal information. Such re-
port shall include— 
(1) a certification by the Attorney General that 
such recommendations have been implemented and 
such policy goals have been achieved; or 
(2) if the Attorney General is unable to make 
the certification described in paragraph (1), a de-
scription of— 
(A) the steps taken to implement such rec-
ommendations and achieve such policy goals; 
(B) when the Attorney General expects 
such recommendations to be implemented and 
such policy goals to be achieved; and 
(C) any allocation of resources or other ac-
tions by Congress the Attorney General con-
siders necessary to implement such rec-
ommendations and achieve such policy goals. 
(b) TERMINATION OF DUTY TO REPORT.—The duty 
to submit a report under subsection (a) shall terminate 
when the Attorney General submits a certification pursu-
ant to subsection (a)(1). 
(c) GAO REVIEW OF CERTIFICATION.—If the Attor-
ney General submits a certification pursuant to subsection 
(a), not later than 30 days after the submission of such 
certification, the Comptroller General shall submit to the 
VerDate Aug 31 2005 
22:24 Mar 29, 2006
Jkt 049200
PO 00000
Frm 00129
Fmt 6652
Sfmt 6201
E:\BILLS\H5017.IH
H5017
cchase on PROD1PC60 with BILLS
130 
relevant congressional committees a report on whether the 
recommendations described in paragraph (1) have been 
implemented and whether the policy goals described in 
subsection (A) have been achieved. 
SEC. 214. DEFINITION OF RELEVANT CONGRESSIONAL 
COMMITTEES FOR SUBTITLE. 
As used in this subtitle, the term ‘‘relevant commit-
tees’’ means the Committee on Homeland Security of the 
House of Representatives, the Committee on Government 
Reform of the House of Representatives, the Committee 
on Homeland Security and Governmental Affairs of the 
Senate, the Committees on the Judiciary of the Senate 
and House of Representatives, the Select Committee on 
Intelligence of the Senate, and the Permanent Select Com-
mittee on Intelligence of the House of Representatives. 
Subtitle C—Homeland Security 
Committees 
CHAPTER 1—HOMELAND SECURITY RE-
FORM IN THE HOUSE OF REPRESENT-
ATIVES 
SEC. 221. COMMITTEE ON HOMELAND SECURITY. 
Clause 1 of rule X of the Rules of the House of Rep-
resentatives is amended by redesignating paragraphs (i) 
through (s) as paragraphs (j) through (t), respectively, 
VerDate Aug 31 2005 
22:24 Mar 29, 2006
Jkt 049200
PO 00000
Frm 00130
Fmt 6652
Sfmt 6201
E:\BILLS\H5017.IH
H5017
cchase on PROD1PC60 with BILLS