I 
109TH CONGRESS 
2D SESSION 
H. R. 5000 
To amend the Intelligence Reform and Terrorism Prevention Act of 2004 
with respect to the Privacy and Civil Liberties Oversight Board, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 16, 2006 
Mr. SHAYS (for himself, Mrs. MALONEY, Mr. UDALL of New Mexico, Mr. 
CASE, Mr. OWENS, Mr. STARK, and Mr. THOMPSON of Mississippi) intro-
duced the following bill; which was referred to the Committee on Govern-
ment Reform, and in addition to the Committees on the Budget, Judici-
ary, Homeland Security, and Select Intelligence (Permanent Select), for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee 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 ‘‘9/11 Commission Civil 
Liberties Board Act’’. 
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SEC. 2. FINDINGS. 
Congress finds the following: 
(1) On July 22, 2004 the National Commission 
on Terrorist Attacks Upon the United States (also 
known as the 9/11 Commission) issued a report that 
included 41 specific recommendations to help pre-
vent future terrorist attacks, including details of a 
global strategy and government reorganization nec-
essary 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 
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signed into law. This law created a civil liberties 
board that does not have the authority necessary to 
protect civil liberties. 
(5) The establishment and adequate funding of 
a Privacy and Civil Liberties Oversight Board was 
a crucial recommendation made by the 9/11 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. 
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’’. 
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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 
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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. 
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