I 
109TH CONGRESS 
1ST SESSION H. R. 1310
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 15, 2005
Mrs. MALONEY (for herself, Mr. UDALL of New Mexico, Mr. SHAYS, Ms. CAR-
SON, Mr. SANDERS, Mr. CASE, Mr. FILNER, Mr. CUMMINGS, Mr. HONDA, 
Ms. BALDWIN, Ms. MCCOLLUM of Minnesota, Mr. GEORGE MILLER of 
California, Mr. PALLONE, Mr. BAIRD, Mr. OWENS, Ms. WOOLSEY, Mr. 
GONZALEZ, Mrs. DAVIS of California, Mr. ISRAEL, Ms. WATSON, Ms. 
LEE, Mr. WEXLER, Mr. SCOTT of Virginia, and Mr. VAN HOLLEN) intro-
duced the following bill; which was referred to the Committee on Govern-
ment Reform, and in addition to the Committees on the Judiciary, Home-
land Security, and Select Intelligence (Permanent Select), for a period to 
be subsequently determined by the Speaker, in each case for consider-
ation 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 Lib-
erties Oversight Board, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protection of Civil Lib-
erties Act’’. 
SEC. 2. 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-
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. 
SEC. 3. MAKING THE PRIVACY AND CIVIL LIBERTIES OVER-
SIGHT BOARD INDEPENDENT. 
Section 1061(b) of the Intelligence Reform and Ter-
rorism Prevention Act of 2004 is amended by striking 
‘‘within the Executive Office of the President’’ and insert-
ing ‘‘as an independent agency within the Executive 
branch’’. 
SEC. 4. REQUIRING ALL MEMBERS OF THE PRIVACY AND 
CIVIL LIBERTIES OVERSIGHT BOARD BE CON-
FIRMED BY THE SENATE. 
Subsection (e) of section 1061 of the Intelligence Re-
form 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 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 
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.’’. 
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 
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