‘‘(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.’’. 
SEC. 5. SUBPOENA POWER FOR THE PRIVACY AND CIVIL 
LIBERTIES OVERSIGHT BOARD. 
Section 1061(d) of the Intelligence Reform and Ter-
rorism 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 
VerDate Aug 31 2005 
20:22 Mar 20, 2006
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5000.IH
H5000
wwhite on PROD1PC61 with BILLS
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 Preven-
tion Act of 2004 is amended to read as follows: 
‘‘(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 
VerDate Aug 31 2005 
20:22 Mar 20, 2006
Jkt 049200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5000.IH
H5000
wwhite on PROD1PC61 with BILLS
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. 
‘‘(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-
VerDate Aug 31 2005 
20:22 Mar 20, 2006
Jkt 049200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H5000.IH
H5000
wwhite on PROD1PC61 with BILLS
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 
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.’’. 
(b) PRIVACY AND CIVIL LIBERTIES OFFICERS.—Sec-
tion 1062 of the Intelligence Reform and Terrorism Pre-
vention 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 
VerDate Aug 31 2005 
20:22 Mar 20, 2006
Jkt 049200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H5000.IH
H5000
wwhite on PROD1PC61 with BILLS
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— 
‘‘(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 
VerDate Aug 31 2005 
20:22 Mar 20, 2006
Jkt 049200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H5000.IH
H5000
wwhite on PROD1PC61 with BILLS
‘‘(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 
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 
VerDate Aug 31 2005 
20:22 Mar 20, 2006
Jkt 049200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H5000.IH
H5000
wwhite on PROD1PC61 with BILLS
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— 
‘‘(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) 
VerDate Aug 31 2005 
20:22 Mar 20, 2006
Jkt 049200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H5000.IH
H5000
wwhite on PROD1PC61 with BILLS
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 
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; 
VerDate Aug 31 2005 
20:22 Mar 20, 2006
Jkt 049200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H5000.IH
H5000
wwhite on PROD1PC61 with BILLS
‘‘(ii) to the head of such department, agen-
cy, 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 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 
VerDate Aug 31 2005 
20:22 Mar 20, 2006
Jkt 049200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H5000.IH
H5000
wwhite on PROD1PC61 with BILLS
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 
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.’’. 
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 para-
graph: 
VerDate Aug 31 2005 
20:22 Mar 20, 2006
Jkt 049200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H5000.IH
H5000
wwhite on PROD1PC61 with BILLS
‘‘(36) a separate statement of the amount of 
appropriations requested for the Privacy and Civil 
Liberties Oversight Board.’’. 
Æ 
VerDate Aug 31 2005 
20:22 Mar 20, 2006
Jkt 049200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6301
E:\BILLS\H5000.IH
H5000
wwhite on PROD1PC61 with BILLS