224
‘‘(B) detailing the progress in achieving 
communications interoperability; and 
‘‘(C) making any recommendations nec-
essary to expedite the fulfillment of the pur-
poses of this section. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary 
$50,000,000 for fiscal year 2005, and such sums as are 
necessary each fiscal year thereafter, for the operations 
of the Office, and for other entities within the Department 
whose activities facilitate the purposes of the Connecting 
the Operations of National Networks of Emergency Com-
munications Technologies for First Responders Act of 
2004.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—
The table of contents in section 1(b) of the Homeland Se-
curity Act of 2002 (6 U.S.C. 101) is amended by inserting 
after the item relating to section 313 the following:
‘‘314. Office of Wireless Public Safety Interoperable Communications.’’.
SEC. 
214. 
INTEROPERABLE 
COMMUNICATIONS 
TECH-
NOLOGY GRANT PROGRAM. 
Section 430 of the Homeland Security Act of 2002 
(6 U.S.C. 238) is amended by adding at the end the fol-
lowing: 
‘‘(e) INTEROPERABLE COMMUNICATIONS GRANTS.—
225
‘‘(1) DEFINITIONS.—In this subsection, the fol-
lowing definitions shall apply: 
‘‘(A) 
COMMUNICATIONS
INTEROPER-
ABILITY.—The term ‘communications interoper-
ability’ means the ability of public safety service 
and support providers, including emergency re-
sponse providers, to communicate with other re-
sponding agencies and Federal agencies if nec-
essary, through information technology systems 
and radio communications systems, and to ex-
change voice, data, or video with one another on 
demand, in real time, as necessary. 
‘‘(B) ELIGIBLE STATE.—The term ‘eligible 
State’ means a State that—
‘‘(i) has submitted a plan under para-
graph (4); and 
‘‘(ii) the Secretary determines has not 
achieved adequate statewide communica-
tions interoperability. 
‘‘(C) PUBLIC
SAFETY
AGENCIES.—The 
term ‘public safety agencies’ includes emergency 
response providers and any other persons that 
the Secretary determines must communicate ef-
fectively with one another to respond to emer-
gencies.
226
‘‘(2) IN GENERAL.—The Secretary shall—
‘‘(A) make grants on a competitive basis 
directly to local governments (including a con-
sortium of local governments) and public safety 
agencies within eligible States, in consultation 
with the chief executives of the State or States, 
for the purpose of assisting in the development 
of interoperable communications systems at any 
stage, including—
‘‘(i) planning, system design, and en-
gineering; 
‘‘(ii) procurement and installation of 
equipment; 
‘‘(iii) operations and maintenance of 
equipment; and 
‘‘(iv) testing and technology develop-
ment; and 
‘‘(B) make grants to eligible States for ini-
tiatives necessary to achieve communications 
interoperability within each State, including—
‘‘(i) statewide communications plan-
ning; 
‘‘(ii) system design and engineering; 
‘‘(iii) procurement and installation of 
equipment;
227
‘‘(iv) operations and maintenance of 
equipment; and 
‘‘(v) testing and technology develop-
ment initiatives. 
‘‘(3) COORDINATION.—
‘‘(A) IN
GENERAL.—The Secretary shall 
ensure that grants administered under this sub-
section are coordinated with the activities of 
other entities of the Department and other Fed-
eral entities so that grants awarded under this 
subsection, and other grant programs related to 
homeland security, facilitate the achievement of 
the strategy developed under section 314(c), 
and the purposes of the Connecting the Oper-
ations of National Networks of Emergency 
Communications Technologies for First Re-
sponders Act of 2004. 
‘‘(B) RELATIONSHIP TO EXISTING GRANT 
PROGRAMS.—Nothing in this Act shall provide 
for the combination of grant funds among the 
grant program established under this subsection 
and any other grant programs administered by 
the Department of Homeland Security, includ-
ing the State Homeland Security Grant Pro-
gram of the Department, or any successor to
228
such grant program, and the Urban Area Secu-
rity Initiative of the Department, or any suc-
cessor to such grant program. 
‘‘(4) ELIGIBILITY.—
‘‘(A) SUBMISSION OF PLAN.—To be eligi-
ble to receive a grant under this subsection, 
each eligible State, or local governments or pub-
lic safety agencies within an eligible State or 
States, shall submit a communications inter-
operability plan to the Secretary that—
‘‘(i) addresses any stage of the devel-
opment of interoperable communications 
systems, including planning, system design 
and engineering, procurement and installa-
tion, operations and maintenance, and test-
ing and technology development; 
‘‘(ii) if the applicant is not a State, 
includes a description of how the applicant 
addresses the goals specified in any appli-
cable State plan or plans submitted under 
this section; and 
‘‘(iii) is approved by the Secretary. 
‘‘(B) 
INCORPORATION
AND
CONSIST-
ENCY.—A plan submitted under subparagraph 
(A) may be part of, and shall be consistent
229
with, any other homeland security plans re-
quired of the submitting party by the Depart-
ment. 
‘‘(5) AWARD OF GRANTS.—
‘‘(A) 
CONSIDERATIONS.—In 
approving 
plans and awarding grants under this sub-
section, the Secretary shall consider—
‘‘(i) the nature of the threat to the eli-
gible State or local jurisdiction; 
‘‘(ii) the location, risk, or vulnerability 
of critical infrastructure and key national 
assets; 
‘‘(iii) the number, as well as the den-
sity, of persons who will be served by inter-
operable communications systems; 
‘‘(iv) the extent of the partnerships, 
existing or planned, established between 
local jurisdictions and agencies partici-
pating in the development of interoperable 
communications systems, and their coordi-
nation with Federal and State agencies; 
‘‘(v) the level of communications 
interoperability already achieved by the ju-
risdictions;
230
‘‘(vi) the extent to which the commu-
nications interoperability plan submitted 
under paragraph (4) adequately addresses 
steps necessary to implement short-term or 
long-term solutions to communications 
interoperability; 
‘‘(vii) the extent to which eligible 
States and local governments, in light of 
their financial capability, demonstrate their 
commitment to expeditiously achieving 
communications 
interoperability 
by 
supplementing Federal funds with non-
Federal funds; 
‘‘(viii) the extent to which grants will 
expedite the achievement of interoperability 
in the relevant jurisdiction with Federal, 
State, and local agencies; and 
‘‘(ix) the extent to which grants will 
be utilized to implement advanced commu-
nications technologies to promote inter-
operability. 
‘‘(B) COST SHARING.—
‘‘(i) IN GENERAL.—The Federal share 
of the costs of an activity carried out with
231
a grant to an applicant awarded under this 
section shall not exceed 75 percent. 
‘‘(ii) IN-KIND
MATCHING.—Each re-
cipient of a covered grant may meet the 
matching requirement under clause (i) by 
making in-kind contributions of goods or 
services that are directly linked with the 
purpose for which the grant is made, in-
cluding personnel overtime, contractor 
services, administrative costs, equipment 
fuel and maintenance, and rental space. 
‘‘(6) REIMBURSEMENT.—
‘‘(A) IN GENERAL.—Unless otherwise re-
quested by the recipient of a grant under this 
subsection, grants shall not be awarded to reim-
burse the recipient for prior expenditures re-
lated to achieving communications interoper-
ability. 
‘‘(B) EXCEPTION.—The Secretary shall re-
imburse public safety agencies directly for costs 
incurred for expenditures related to achieving 
communications interoperability, if—
‘‘(i) the public safety agency expended 
funds after September 11, 2001, and be-
232
fore the date of enactment of this sub-
section; and 
‘‘(ii) such expenditures are consistent 
with and supportive of the communications 
interoperability plan approved by the Sec-
retary under paragraph (4)(A)(iii). 
‘‘(C) TERMINATION OF AUTHORITY.—The 
authority of the Secretary under subparagraph 
(B) shall terminate one year after the date on 
which the Department of Homeland Security 
first allocates grant funds for this program. 
‘‘(7) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to the Sec-
retary 
$500,000,000 
for 
fiscal 
year 
2005, 
$750,000,000 for fiscal year 2006, $1,000,000,000 
for fiscal year 2007, $1,250,000,000 for fiscal year 
2008, $1,500,000,000 for fiscal year 2009, and such 
sums as are necessary each fiscal year thereafter, to 
carry out the purposes of this subsection.’’.
233
TITLE 
XV—STRENGTHENING 
PRIVACY 
PROTECTIONS 
WITHIN 
THE 
DEPARTMENT 
OF HOMELAND SECURITY 
Subtitle A—SHIELD Privacy Act 
SEC. 221. SHORT TITLE. 
This subtitle may be cited as the ‘‘Strengthening 
Homeland Innovation to Emphasize Liberty, Democracy, 
and Privacy Act’’ or the ‘‘SHIELD Privacy Act’’. 
SEC. 222. FINDINGS. 
The Congress finds the following: 
(1) The protection of our Nation’s civil liberties 
and privacy is fundamental to the American way of 
life. 
(2) Strengthening our homeland security en-
sures that our way of life and the rights protected 
by the Constitution remain intact. 
(3) In developing homeland security initiatives, 
our Government must take care to protect funda-
mental constitutional rights and strive to minimize 
unnecessary impositions on the freedoms and privi-
leges enjoyed in the United States. 
(4) As governments develop and employ new 
technologies and gather information from the private 
sector for homeland security efforts, they must en-
234
sure that our society’s constitutional guarantees re-
lating to privacy, due process, and civil liberties are 
protected. 
SEC. 223. CHIEF PRIVACY OFFICER. 
(a) DESIGNATION.—The President shall designate a 
senior official within the Office of Management and Budg-
et as the Chief Privacy Officer, who shall have primary 
responsibility for privacy policy throughout the Federal 
Government. 
(b) SPECIFIC RESPONSIBILITIES.—The responsibil-
ities of the Chief Privacy Officer shall include the fol-
lowing: 
(1) Assuring that the technologies procured and 
use of technologies by the Federal Government sus-
tain, and do not erode, privacy protections relating 
to the use, collection, and disclosure of personally 
identifiable information. 
(2) Assuring that personally identifiable infor-
mation contained in systems of records (as that term 
is defined in section 552a of title 5, United States 
Code, popularly known as the ‘‘Privacy Act of 
1974’’) is handled in full compliance with fair infor-
mation practices required under that section. 
(3) Evaluating legislative and regulatory pro-
posals involving collection, use, and disclosure of
235 
personally identifiable information by the Federal 
Government. 
(4) Exercising responsibility currently vested in 
the Director of the Office of Management and Budg-
et with respect to privacy impact assessment rules, 
regulations, and oversight under section 208 of the 
E-Gov Act of 2002 (44 U.S.C. 3501 note). 
(5) Preparing an annual report to the Congress 
containing an agency-by-agency analysis of Federal 
activities that affect privacy, including complaints of 
privacy violations, implementation of section 552a of 
title 5, United States Code, internal controls, and 
other matters. 
(c) AGENCY INFORMATION.—The head of each Fed-
eral agency shall provide to the Chief Privacy Officer such 
information as the Chief Privacy Officer considers nec-
essary for the completion of the annual reports under sub-
section (b)(5). 
(d) REPORT BY SECRETARY OF HOMELAND SECU-
RITY.—Section 222(5) of the Homeland Security Act of 
2002 (6 U.S.C. 142(5)) is amended by striking ‘‘Con-
gress’’ and inserting ‘‘the chief Privacy Officer of the Of-
fice of Management and Budget’’.
236
SEC. 224. PRIVACY POLICY OF DEPARTMENTS AND INDE-
PENDENT AGENCIES. 
(a) OFFICIALS RESPONSIBLE
FOR PRIVACY POL-
ICY.—The head of each department and each independent 
agency in the executive branch shall appoint a senior offi-
cial of the department or independent agency, respectively, 
to assure primary responsibility for privacy policy, includ-
ing the following: 
(1) Assuring that technologies procured and use 
of technologies sustain, and do not erode, privacy 
protections relating to the use, collection, and disclo-
sure of personally identifiable information. 
(2) Assuring that personally identifiable infor-
mation contained in systems of records (as that term 
is defined in section 552a of title 5, United States 
Code, popularly known as the ‘‘Privacy Act of 
1974’’) is handled in full compliance with fair infor-
mation practices required under that section. 
(3) Evaluating legislative and regulatory pro-
posals involving collection, use, and disclosure of 
personally identifiable information by the Federal 
Government. 
(4) Conducting privacy impact assessments 
under subsection (b). 
(5) Ensuring that the department or agency 
protects personally identifiable information and in-
237
formation systems from unauthorized access, use, 
disclosure, disruption, modification, or destruction in 
order to provide—
(A) integrity, by—
(i) guarding against improper infor-
mation modification or destruction; and 
(ii) ensuring information nonrepudi-
ation and authenticity; 
(B) confidentiality, by preserving author-
ized restrictions on access and disclosure, in-
cluding means for protecting personal privacy 
and proprietary information; 
(C) availability, by ensuring timely and re-
liable access to and use of that information; and 
(D) authentication, by utilizing digital cre-
dentials to assure the identity of users and vali-
date their access. 
(6) Submitting an annual report to the Director 
of the Office of Management and Budget on activi-
ties of their agencies that affect privacy, including 
complaints of privacy violations, implementation of 
section 552a of title 5, United States Code, internal 
controls, and other matters. 
(b) PRIVACY IMPACT ASSESSMENTS.—
238
(1) REQUIREMENT.—The official appointed 
under subsection (a) for a department or inde-
pendent agency shall—
(A) assess the impact on privacy of each 
proposed action of the Department or agency 
that will require collecting, using, or accessing 
personally identifiable information from 10 or 
more persons; and 
(B) make the results of such assessments 
publicly available through the World Wide Web 
site of the Department. 
(2) MATTERS CONSIDERED.—Each assessment 
under this subsection regarding a proposed action 
shall consider the following: 
(A) The type of any personally identifiable 
information to be collected, used, or accessed by 
the Department. 
(B) Why such information will be collected, 
used, or accessed. 
(C) The intended use of such information. 
(D) The persons with whom such informa-
tion will be shared. 
(E) What notice or consent will be pro-
vided to individuals regarding such information
239
to be collected or accessed, and how that infor-
mation will be shared. 
(F) How such information will be secured. 
(G) Whether a system of records will be 
created for purposes of section 552a of title 5, 
United States Code. 
(H) The method by which, extent to which, 
and rate at which such collected information 
will be destroyed or returned. 
SEC. 225. COMMISSION ON PRIVACY, FREEDOM, AND HOME-
LAND SECURITY. 
(a) ESTABLISHMENT.—There is established a com-
mission to be known as the ‘‘Commission on Privacy, 
Freedom, and Homeland Security’’. 
(b) DUTIES OF COMMISSION.—
(1) IN GENERAL.—The Commission shall con-
duct a comprehensive legal and factual study relat-
ing to United States efforts to further homeland se-
curity in a manner that protects privacy, civil lib-
erties, and individual freedoms. 
(2) MATTERS TO BE STUDIED.—The matters 
studied by the Commission under paragraph (1) 
shall at a minimum include the following: 
(A) A review of whether Federal agencies 
are properly assessing the privacy implications
240
of new homeland security technologies before 
implementing and deploying such technologies. 
(B) The impact of existing Federal and 
State privacy statutes and regulations, legisla-
tion pending before the Congress, and privacy 
protection efforts undertaken by the Federal 
Government, State governments, foreign gov-
ernments, and international governing bodies on 
homeland security. 
(C) The impact of Federal legislation en-
acted since September 11, 2001, or pending be-
fore the Congress, on civil liberties. 
(D) The likely effectiveness of existing 
technologies for analyzing public and private 
sources of data and information to identify ter-
rorists and prevent terrorist acts. 
(c) FIELD HEARINGS.—
(1) IN GENERAL.—The Commission shall con-
duct at least 2 field hearings in each of the 5 geo-
graphical regions of the United States. 
(2) DETERMINATION
OF
REGIONS.—For pur-
poses of this subsection, the Commission may deter-
mine the boundaries of the 5 geographical regions of 
the United States. 
(d) REPORT.—
241
(1) IN GENERAL.—No later than 24 months 
after the date on which the Commission first meets, 
the Commission shall submit to the President and 
the Congress a comprehensive report of the Commis-
sion’s findings, recommendations, and conclusions. 
Such report shall include a summary of the report 
submitted to the Commission by the National Re-
search Council under subsection (g)(9), and a sum-
mary of any other material relied on by the Commis-
sion in the preparation of its report. 
(2) RECOMMENDATIONS.—The report under 
paragraph (1) shall include recommendations re-
garding the following: 
(A) Steps Federal agencies should take 
when considering new homeland security tech-
nologies to ensure that privacy implications are 
adequately considered before such technologies 
are implemented. 
(B) Whether additional legislation is nec-
essary to reform or augment current laws and 
regulations relating to privacy and homeland se-
curity, including specific reform proposals and 
an analysis of the financial costs of any pro-
posed changes.
242
(C) Safeguards and protection that should 
be in place when the Federal Government uses 
an individual’s personally identifiable informa-
tion obtained from a commercial database or a 
list for counterterrorism and homeland security 
purposes. 
(3) ADDITIONAL
REPORT.—The Commission 
shall submit to the Congress and the President, with 
the report under paragraph (1), any additional re-
port of dissenting opinions or minority views by any 
member of the Commission. 
(4) INTERIM REPORT.—The Commission may 
submit to the Congress and the President interim 
reports approved by a majority of the members of 
the Commission. 
(e) STRUCTURE OF COMMISSION.—
(1) MEMBER AND APPOINTMENT.—The Com-
mission shall be composed of 10 members appointed 
as follows: 
(A) 1 member appointed by the President, 
who shall be the chairperson of the Commis-
sion. 
(B) 1 member appointed jointly by the mi-
nority leader of the House of Representatives
243
and the minority leader of the Senate, who shall 
be the vice chairperson of the Commission. 
(C) 2 members appointed by the majority 
leader of the House of Representatives. 
(D) 2 members appointed by the minority 
leader of the House of Representatives. 
(E) 2 members appointed by the majority 
leader of the Senate. 
(F) 2 members appointed by the minority 
leader of the Senate. 
(2) QUALIFICATIONS
OF
MEMBERS.—The ap-
pointing authorities under subsection (1) shall seek 
to ensure that the membership of the Commission 
has a diversity of views and experiences on the mat-
ters to be studied by the Commission, including 
views and knowledge of law, civil rights and liberties, 
privacy matters, homeland security, information 
technology, security, database integration, and law 
enforcement. 
(3) DATE OF APPOINTMENT.—The appointment 
of the members of the Commission shall be made not 
later than 30 days after the date of the enactment 
of this Act. 
(4) TERMS.—Each member of the Commission 
shall be appointed for the life of the Commission.
244
(5) VACANCIES.—Any vacancy in the Commis-
sion shall be filled in the same manner in which the 
original appointment was made. 
(6) 
COMPENSATION; 
TRAVEL
EXPENSES.—
Members of the Commission shall serve without pay, 
but shall receive travel expenses, including per diem 
in lieu of subsistence, in accordance with sections 
5702 and 5703 of title 5, United States Code. 
(7) QUORUM.—A majority of the members of 
the Commission shall constitute a quorum for pur-
poses of conducting business, except that 2 members 
of the Commission shall constitute a quorum for 
purposes of conducting a hearing. 
(8) MEETINGS.—
(A) IN GENERAL.—The Commission shall 
meet at the call of the Chairperson or a major-
ity of its members. 
(B) INITIAL MEETING.—Not later than 45 
days after the date of the enactment of this 
Act, the Commission shall hold its initial meet-
ing. 
(f) DIRECTOR; STAFF; EXPERTS
AND CONSULT-
ANTS.—
(1) DIRECTOR.—
245
(A) APPOINTMENT.—Not later than 60 
days after the date of the enactment of this 
Act, the Commission shall appoint a Director, 
without regard to the provisions of title 5, 
United States Code, governing appointments to 
the competitive service. 
(B) PAY.—The Director shall be paid at 
the rate payable for level III of the Executive 
Schedule established under section 5314 of such 
title. 
(2) STAFF.—
(A) APPOINTMENT.—The Director may 
appoint such staff as the Director determines 
appropriate, without regard to the provisions of 
title 5, United States Code, governing appoint-
ments in the competitive service. 
(B) PAY.—The staff of the Commission 
shall be paid in accordance with the provisions 
of chapter 51 and subchapter III of chapter 53 
of title 5, United States Code, relating to classi-
fication and General Schedule pay rates, but at 
rates not in excess of the maximum rate for 
grade GS–15 of the General Schedule under 
section 5332 of that title.
246
(3) EXPERTS AND CONSULTANTS.—The Direc-
tor may procure temporary and intermittent services 
under section 3109(b) of title 5, United States Code. 
(4) DETAILEES.—
(A) IN
GENERAL.—Upon request of the 
Director, the head of any Federal department 
or agency may detail, on a reimbursable basis, 
any of the personnel of that department or 
agency to the Commission to assist it in car-
rying out this Act. 
(B) NOTICE.—Before making a request 
under this paragraph, the Director shall give 
notice of the request to each member of the 
Commission. 
(g) POWERS OF COMMISSION.—
(1) HEARINGS AND SESSIONS.—The Commis-
sion may, for the purpose of carrying out this sub-
title, hold hearings, sit and act at times and places, 
take testimony, and receive evidence to carry out its 
duties under subsection (b). The Commission may 
administer oaths or affirmations to witnesses ap-
pearing before it. 
(2) POWERS OF MEMBERS AND AGENTS.—Any 
member or agent of the Commission may, if author-
247
ized by the Commission, take any action which the 
Commission is authorized to take by this section. 
(3) OBTAINING OFFICIAL INFORMATION.—
(A) REQUIREMENT TO FURNISH.—Except 
as provided in subparagraph (B), if the Com-
mission submits a request to a Federal depart-
ment or agency for information necessary to en-
able the Commission to carry out this subtitle, 
the head of that department or agency shall 
furnish that information to the Commission. 
(B) EXCEPTION
FOR
NATIONAL
SECU-
RITY.—If the head of a Federal department or 
agency determines that it is necessary to with-
hold requested information from disclosure to 
protect the national security interests of the 
United States, the department or agency head 
shall not furnish that information to the Com-
mission. 
(4) MAILS.—The Commission may use the 
United States mails in the same manner and under 
the same conditions as other departments and agen-
cies of the United States. 
(5) ADMINISTRATIVE
SUPPORT
SERVICES.—
Upon the request of the Director, the Administrator 
of General Services shall provide to the Commission,
248
on a reimbursable basis, the administrative support 
services necessary for the Commission to carry out 
this section. 
(6) GIFTS AND DONATIONS.—The Commission 
may accept, use, and dispose of gifts or donations of 
services or property to carry out this Act, but only 
to the extent or in the amounts provided in advance 
in appropriation Acts. 
(7) CONTRACTS.—The Commission may con-
tract with and compensate persons and government 
agencies for supplies and services, without regard to 
section 3709 of the Revised Statutes (41 U.S.C. 5). 
(8) SUBPOENA POWER.—
(A) IN
GENERAL.—If a Federal depart-
ment or agency or any other person fails to 
supply information requested by the Commis-
sion, the Commission may require by subpoena 
the production of the information. The Commis-
sion shall transmit to the Attorney General a 
written notice at least 10 days in advance of 
the issuance of any such subpoena. A subpoena 
under this paragraph may require the produc-
tion of materials from any place within the 
United States.
249
(B) INTERROGATORIES.—The Commission 
may, with respect only to information necessary 
to understand any materials obtained through a 
subpoena under paragraph (A), issue a sub-
poena requiring the person producing such ma-
terials to answer, either through a sworn depo-
sition or through written answers provided 
under oath (at the election of the person upon 
whom the subpoena is served), interrogatories 
from the Commission regarding such informa-
tion. A complete recording or transcription shall 
be made of any deposition made under this 
paragraph. 
(C) CERTIFICATION.—Each person who 
submits materials or information to the Com-
mission pursuant to a subpoena issued under 
subparagraph (A) or (B) shall certify to the 
Commission the authenticity and completeness 
of all materials or information submitted. 
(D) TREATMENT
OF
SUBPOENAS.—Any 
subpoena issued by the Commission under sub-
paragraph (A) or (B) shall comply with require-
ments for subpoenas issued by a United States 
district court under the Federal Rules of Civil 
Procedure.
250
(E) FAILURE TO OBEY A SUBPOENA.—If a 
person refuses to obey a subpoena issued by the 
Commission under subparagraph (A) or (B), 
the Commission may apply to a United States 
district court for an order requiring that person 
to comply with such subpoena. The application 
may be made within the judicial district in 
which that person is found, resides, or transacts 
business. Any failure to obey the order of the 
court may be punished by the court as civil con-
tempt. 
(9) ARRANGEMENTS
WITH
NATIONAL
RE-
SEARCH COUNCIL.—
(A) IN GENERAL.—In carrying out its du-
ties under subsection (b), the Commission shall 
arrange with the National Research Council of 
the National Academy of Sciences for assist-
ance in conducting the studies required by the 
Commission under subsection (b)(2), including 
performance of the analysis required under sub-
section (b)(2)(C). 
(B) REPORT.—The arrangements entered 
into under (A) shall require that the National 
Research Council submit a report to the Com-
mission detailing the results of its efforts no
251
later than 15 months after the date on which 
the Commission first meets. 
(C) USE OF FUNDS.—Of amounts appro-
priated to carry out this section, up to 
$750,000 shall be available to the Commission 
to carry out this paragraph. 
(h) BUDGET ACT COMPLIANCE.—Any new contract 
authority authorized by this section shall be effective only 
to the extent or in the amounts provided in advance in 
appropriation Acts. 
(i) PRIVACY PROTECTIONS.—
(1) DESTRUCTION
OR
RETURN
OF
INFORMA-
TION REQUIRED.—Upon the conclusion of the mat-
ter or need for which individually identifiable infor-
mation was disclosed to the Commission, the Com-
mission shall either destroy the individually identifi-
able information or return it to the person or entity 
from which it was obtained, unless the individual 
that is the subject of the individually identifiable in-
formation has authorized its disclosure. 
(2) DISCLOSURE
OF
INFORMATION
PROHIB-
ITED.—Any individual employed by an individual, 
entity, or organization under contract to the Com-
mission shall be considered an employee of the Com-
252
mission for the purposes of section 1905 of title 18, 
United States Code. 
(3) PROPRIETARY BUSINESS INFORMATION AND 
FINANCIAL
INFORMATION.—The Commission shall 
protect from improper use, and may not disclose to 
any person, proprietary business information and 
proprietary financial information that may be viewed 
or obtained by the Commission in the course of car-
rying out its duties under this section. 
(4) INDIVIDUALLY IDENTIFIABLE INFORMATION 
DEFINED.—For the purposes of this section, the 
term ‘‘individually identifiable information’’ means 
any information, whether oral or recorded in any 
form or medium, that identifies an individual, or 
with respect to which there is a reasonable basis to 
believe that the information can be used to identify 
an individual. 
(j) TERMINATION OF COMMISSION.—The Commis-
sion shall terminate 30 days after submitting a report 
under subsection (d)(1). 
(k) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be 
appropriated to the Commission $4,750,000 to carry 
out this Act.
253
(2) AVAILABILITY.—Any sums appropriated 
pursuant to the authorization in subsection (a) shall 
remain available until expended. 
SEC. 226. PRIVACY AND CIVIL LIBERTIES OVERSIGHT 
BOARD. 
(a) IN GENERAL.—There is established within the 
Executive Office of the President a Privacy and Civil Lib-
erties Oversight Board (referred to in this title as the 
‘‘Board’’). 
(b) FINDINGS.—Consistent with the report of the Na-
tional Commission on Terrorist Attacks Upon the United 
States, Congress makes the following findings: 
(1) In conducting the war on terrorism, the 
Government may need additional powers and may 
need to enhance the use of its existing powers. 
(2) This shift of power and authority to the 
Government calls for an enhanced system of checks 
and balances to protect the precious liberties that 
are vital to our way of life and to ensure that the 
Government uses its powers for the purposes for 
which the powers were given. 
(c) PURPOSE.—The Board shall—
(1) analyze and review actions the Executive 
Branch takes to protect the Nation from terrorism; 
and
254
(2) ensure that liberty concerns are appro-
priately considered in the development and imple-
mentation of laws, regulations, and policies related 
to efforts to protect the Nation against terrorism. 
(d) FUNCTIONS.—
(1) ADVICE AND COUNSEL ON POLICY DEVEL-
OPMENT
AND
IMPLEMENTATION.—The 
Board 
shall—
(A) review proposed legislation, regula-
tions, and policies related to efforts to protect 
the Nation from terrorism, including the devel-
opment and adoption of information sharing 
guidelines under section 165; 
(B) review the implementation of new and 
existing legislation, regulations, and policies re-
lated to efforts to protect the Nation from ter-
rorism, including the implementation of infor-
mation sharing guidelines under section 165; 
(C) advise the President and Federal exec-
utive departments and agencies to ensure that 
privacy and civil liberties are appropriately con-
sidered in the development and implementation 
of such legislation, regulations, policies, and 
guidelines; and
255
(D) in providing advice on proposals to re-
tain or enhance a particular governmental 
power, consider whether the executive depart-
ment or agency has explained—
(i) that the power actually materially 
enhances security; and 
(ii) that there is adequate supervision 
of the executive’s use of the power to en-
sure protection of civil liberties. 
(2) OVERSIGHT.—The Board shall continually 
review—
(A) the regulations, policies, and proce-
dures and the implementation of the regula-
tions, policies, procedures, and related laws of 
Federal executive departments and agencies to 
ensure that privacy and civil liberties are pro-
tected; 
(B) the information sharing practices of 
Federal executive departments and agencies to 
determine whether they appropriately protect 
privacy and civil liberties and adhere to the in-
formation sharing guidelines promulgated under 
section 165 and to other governing laws, regu-
lations, and policies regarding privacy and civil 
liberties; and
256
(C) other actions by the Executive Branch 
related to efforts to protect the Nation from 
terrorism to determine whether such actions—
(i) appropriately protect privacy and 
civil liberties; and 
(ii) are consistent with governing 
laws, regulations, and policies regarding 
privacy and civil liberties. 
(3) RELATIONSHIP WITH PRIVACY AND CIVIL 
LIBERTIES OFFICERS.—The Board shall review and 
assess the activities of privacy officers described in 
section 224 and, where appropriate, shall coordinate 
their activities. 
(e) REPORTS.—
(1) IN GENERAL.—The Board shall—
(A) receive and review reports from privacy 
officers described in section 224; and 
(B) periodically submit, not less than semi-
annually, reports to Congress and the Presi-
dent. 
(2) CONTENTS.—Not less than 2 reports sub-
mitted each year under paragraph (1)(B) shall in-
clude—
(A) a description of the major activities of 
the Board during the relevant period; and
257
(B) information on the findings, conclu-
sions, and recommendations of the Board re-
sulting from its advice and oversight functions 
under subsection (d). 
(f) INFORMING THE PUBLIC.—The Board shall hold 
public hearings, release public reports, and otherwise in-
form the public of its activities, as appropriate and in a 
manner consistent with the protection of classified infor-
mation and applicable law. 
(g) ACCESS TO INFORMATION.—
(1) AUTHORIZATION.—If determined by the 
Board to be necessary to carry out its responsibil-
ities under this section, the Board may—
(A) secure directly from any Federal exec-
utive department or agency, or any Federal of-
ficer or employee, all relevant records, reports, 
audits, reviews, documents, papers, or rec-
ommendations, including classified information 
consistent with applicable law; 
(B) interview, take statements from, or 
take public testimony from personnel of any 
Federal executive department or agency or any 
Federal officer or employee; 
(C) request information or assistance from 
any State, tribal, or local government; and
258
(D) require, by subpoena, persons other 
than Federal executive departments and agen-
cies to produce any relevant information, docu-
ments, reports, answers, records, accounts, pa-
pers, and other documentary or testimonial evi-
dence. 
(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 subpoe-
naed person resides, is served, or may be found may 
issue an order requiring such person to produce the 
evidence required by such subpoena. 
(h) MEMBERSHIP.—
(1) MEMBERS.—The Board shall be composed 
of a chairman and 4 additional members, who shall 
be appointed by the President, by and with the ad-
vice 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, 
and relevant experience, and without regard to polit-
ical affiliation. 
(3) INCOMPATIBLE OFFICE.—An individual ap-
pointed to the Board may not, while serving on the
259
Board, be an elected official, an officer, or an em-
ployee of the Federal Government, other than in the 
capacity as a member of the Board. 
(i) COMPENSATION AND TRAVEL EXPENSES.—
(1) COMPENSATION.—
(A) CHAIRMAN.—The chairman shall be 
compensated at a rate equal to the daily equiva-
lent of the annual rate of basic pay in effect for 
a position at level III of the Executive Schedule 
under section 5314 of title 5, United States 
Code, for each day during which the chairman 
is engaged in the actual performance of the du-
ties of the Board. 
(B) MEMBERS.—Each member of the 
Board shall be compensated at a rate equal to 
the daily equivalent of the annual rate of basic 
pay in effect for a position at level IV of the 
Executive Schedule under section 5315 of title 
5, United States Code, for each day during 
which that member is engaged in the actual 
performance of the duties of the Board. 
(2) TRAVEL
EXPENSES.—Members of the 
Board shall be allowed travel expenses, including per 
diem in lieu of subsistence, at rates authorized for 
persons employed intermittently by the Government
260
under section 5703(b) of title 5, United States Code, 
while away from their homes or regular places of 
business in the performance of services for the 
Board. 
(j) STAFF.—
(1) APPOINTMENT AND COMPENSATION.—The 
Chairman, in accordance with rules agreed upon by 
the Board, shall appoint and fix the compensation of 
an executive director and such other personnel as 
may be necessary to enable the Board to carry out 
its functions, without regard to the provisions of 
title 5, United States Code, governing appointments 
in the competitive service, and without regard to the 
provisions of chapter 51 and subchapter III of chap-
ter 53 of such title relating to classification and 
General Schedule pay rates, except that no rate of 
pay fixed under this subsection may exceed the 
equivalent of that payable for a position at level V 
of the Executive Schedule under section 5316 of title 
5, United States Code. 
(2) DETAILEES.—Any Federal employee may 
be detailed to the Board without reimbursement 
from the Board, and such detailee shall retain the 
rights, status, and privileges of the detailee’s regular 
employment without interruption.
261
(3) CONSULTANT SERVICES.—The Board may 
procure the temporary or intermittent services of ex-
perts and consultants in accordance with section 
3109 of title 5, United States Code, at rates that do 
not exceed the daily rate paid a person occupying a 
position at level IV of the Executive Schedule under 
section 5315 of such title. 
(k) SECURITY CLEARANCES.—The appropriate Fed-
eral executive departments and agencies shall cooperate 
with the Board to expeditiously provide the Board mem-
bers and staff with appropriate security clearances to the 
extent possible under existing procedures and require-
ments, except that no person shall be provided with access 
to classified information under this section without the ap-
propriate security clearances. 
(l) TREATMENT AS AGENCY, NOT AS ADVISORY COM-
MITTEE.—The Board—
(1) is an agency (as defined in section 551(1) 
of title 5, United States Code); and 
(2) is not an advisory committee (as defined in 
section 3(2) of the Federal Advisory Committee Act 
(5 U.S.C. App.)). 
(m) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out this section.
262
Subtitle B—Civil Rights and Civil 
Liberties 
SEC. 231. SHORT TITLE. 
This subtitle may be cited as the ‘‘Homeland Security 
Civil Rights and Civil Liberties Protection Act of 2004’’. 
SEC. 232. MISSION OF DEPARTMENT OF HOMELAND SECU-
RITY. 
Section 101(b)(1) of the Homeland Security Act of 
2002 (6 U.S.C. 111(b)(1)) is amended—
(1) in subparagraph (F), by striking ‘‘and’’ 
after the semicolon; 
(2) by redesignating subparagraph (G) as sub-
paragraph (H); and 
(3) by inserting after subparagraph (F) the fol-
lowing: 
‘‘(G) ensure that the civil rights and civil 
liberties of persons are not diminished by ef-
forts, activities, and programs aimed at secur-
ing the homeland; and’’. 
SEC. 233. OFFICER FOR CIVIL RIGHTS AND CIVIL LIB-
ERTIES. 
Section 705(a) of the Homeland Security Act of 2002 
(6 U.S.C. 345(a)) is amended—
263
(1) in the matter preceding paragraph (1), by 
inserting ‘‘report directly to the Secretary and shall’’ 
after ‘‘who shall’’; 
(2) in paragraph (1)–
(A) by striking ‘‘alleging’’ and inserting 
‘‘concerning’’; 
(B) by striking ‘‘racial and ethnic’’; 
(C) by inserting ‘‘on the basis of race, eth-
nicity, or religion,’’ after ‘‘profiling’’; and 
(D) by striking ‘‘and’’ after the semicolon 
at the end; 
(3) in paragraph (2), by striking the period at 
the end and inserting a semicolon; and 
(4) by adding at the end the following: 
‘‘(3) assist the Secretary, directorates, and of-
fices of the Department to develop, implement, and 
periodically review Department policies and proce-
dures to ensure that the protection of civil rights 
and civil liberties is appropriately incorporated into 
Department programs and activities; 
‘‘(4) oversee compliance with constitutional, 
statutory, regulatory, policy, and other requirements 
relating to the civil rights and civil liberties of indi-
viduals affected by the programs and activities of 
the Department;
264
‘‘(5) coordinate with the official appointed 
under section 222 to ensure that—
‘‘(A) programs, policies, and procedures in-
volving civil rights, civil liberties, and privacy 
considerations are addressed in an integrated 
and comprehensive manner; and 
‘‘(B) the Congress receives appropriate re-
ports regarding such programs, policies, and 
procedures; and 
‘‘(6) investigate complaints and information in-
dicating possible abuses of civil rights or civil lib-
erties, unless the Inspector General of the Depart-
ment determines that any such complaint or infor-
mation should be investigated by the Inspector Gen-
eral.’’. 
SEC. 234. PROTECTION OF CIVIL RIGHTS AND CIVIL LIB-
ERTIES BY OFFICE OF INSPECTOR GENERAL. 
(a) DESIGNATION AND FUNCTIONS OF SENIOR OFFI-
CIAL.—The Homeland Security Act of 2002 (Public Law 
107–296) is amended by inserting after section 812 the 
following: 
‘‘SEC. 813. PROTECTION OF CIVIL RIGHTS AND CIVIL LIB-
ERTIES BY OFFICE OF INSPECTOR GENERAL. 
‘‘(a) DESIGNATION OF SENIOR OFFICIAL.—The In-
spector General of the Department of Homeland Security
266
‘‘(5) consult with the Officer for Civil Rights 
and Civil Liberties of the Department of Homeland 
Security regarding—
‘‘(A) alleged abuses of civil rights or civil 
liberties; and 
‘‘(B) any policy recommendations regard-
ing civil rights and civil liberties that may be 
founded upon an investigation by the Office of 
Inspector General; 
‘‘(6) provide the Officer for Civil Rights and 
Civil Liberties with information regarding the out-
come of investigations of alleged abuses of civil 
rights and civil liberties; 
‘‘(7) refer civil rights and civil liberties matters 
that the Inspector General decides not to investigate 
to the Officer for Civil Rights and Civil Liberties; 
‘‘(8) ensure that the Office of the Inspector 
General publicizes and provides convenient public ac-
cess to information regarding—
‘‘(A) the procedure to file complaints or 
comments concerning civil rights and civil lib-
erties matters; and 
‘‘(B) the status of investigations initiated 
in response to public complaints; and
267
‘‘(9) inform the Officer for Civil Rights and 
Civil Liberties of any weaknesses, problems, and de-
ficiencies within the Department relating to civil 
rights or civil liberties.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by inserting after 
the item relating to section 812 the following:
‘‘Sec. 813. Protection of civil rights and civil liberties by Office of Inspector 
General.’’.
SEC. 235. PRIVACY OFFICER. 
Section 222 of the Homeland Security Act of 2002 
(6 U.S.C. 142) is amended—
(1) in the matter preceding paragraph (1), by 
inserting ‘‘, who shall report directly to the Sec-
retary,’’ after ‘‘in the Department’’; 
(2) in paragraph (4), by striking ‘‘and’’ after 
the semicolon at the end; 
(3) by redesignating paragraph (5) as para-
graph (6); and 
(4) by inserting after paragraph (4) the fol-
lowing: 
‘‘(5) coordinating with the Officer for Civil 
Rights and Civil Liberties to ensure that—
‘‘(A) programs, policies, and procedures in-
volving civil rights, civil liberties, and privacy
268
considerations are addressed in an integrated 
and comprehensive manner; and 
‘‘(B) the Congress receives appropriate re-
ports on such programs, policies, and proce-
dures; and’’. 
TITLE XVI—PREVENTING THE 
RISE OF FUTURE TERRORISTS 
SEC. 241. ROLE OF PAKISTAN IN COUNTERING TERRORISM. 
(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 Government of Pakistan has a critical 
role to perform in the struggle against Islamist ter-
rorism. 
(2) The endemic poverty, widespread corrup-
tion, and frequent ineffectiveness of government in 
Pakistan create opportunities for Islamist recruit-
ment. 
(3) The poor quality of education in Pakistan 
is particularly worrying, as millions of families send 
their children to madrassahs, some of which have 
been used as incubators for violent extremism. 
(4) The vast unpoliced regions in Pakistan 
make the country attractive to extremists seeking
269
refuge and recruits and also provide a base for oper-
ations against coalition forces in Afghanistan. 
(5) A stable Pakistan, with a government advo-
cating ‘‘enlightened moderation’’ in the Muslim 
world, is critical to stability in the region. 
(6) There is a widespread belief among the peo-
ple of Pakistan that the United States has long 
treated them as allies of convenience. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that—
(1) the United States should make a long-term 
commitment to assisting in ensuring a promising, 
stable, and secure future in Pakistan, as long as its 
leaders remain committed to combatting extremists 
and implementing a strategy of ‘‘enlightened mod-
eration’’; 
(2) the United States aid to Pakistan should be 
fulsome and, at a minimum, sustained at the fiscal 
year 2004 levels; 
(3) the United States should support the Gov-
ernment of Pakistan with a comprehensive effort 
that extends from military aid to support for better 
education; and 
(4) the United States Government should de-
vote particular attention and resources to assisting
270
in the improvement of the quality of education in 
Pakistan. 
(c) REPORT ON SUPPORT FOR PAKISTAN.—
(1) REPORT REQUIRED.—Not later than 180 
days after the date of the enactment of this Act, the 
President shall submit to Congress a report on the 
efforts of the United States Government to support 
Pakistan and encourage moderation in that country. 
(2) CONTENT.—The report required under this 
section shall include the following: 
(A) An examination of the desirability of 
establishing a Pakistan Education Fund to di-
rect resources toward improving the quality of 
secondary schools in Pakistan. 
(B) Recommendations on the funding nec-
essary to provide various levels of educational 
support. 
(C) An examination of the current com-
position and levels of United States military aid 
to Pakistan, together with any recommenda-
tions for changes in such levels and composition 
that the President considers appropriate. 
(D) An examination of other major types 
of United States financial support to Pakistan, 
together with any recommendations for changes
271
in the levels and composition of such support 
that the President considers appropriate. 
SEC. 242. AID TO AFGHANISTAN. 
(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 United States and its allies in the 
international community have made progress in pro-
moting economic and political reform within Afghan-
istan, including the establishment of a central gov-
ernment with a democratic constitution, a new cur-
rency, and a new army, the increase of personal 
freedom, and the elevation of the standard of living 
of many Afghans. 
(2) A number of significant obstacles must be 
overcome if Afghanistan is to become a secure and 
prosperous democracy, and such a transition de-
pends in particular upon—
(A) improving security throughout the 
country; 
(B) disarming and demobilizing militias; 
(C) curtailing the rule of the warlords; 
(D) promoting equitable economic develop-
ment;