text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``9/11 Commission Civil Liberties 
  Board Act''.
  
  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 prevent future terrorist attacks, 
          including details of a global strategy and government 
          reorganization 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 increased and consolidated 
          government authority, there should be a board within the 
          executive branch to oversee adherence to the guidelines we 
          recommend and the commitment the government makes to defend our 
          civil liberties.''.
              (3) The report also states that ``the choice between 
          security and liberty is a false choice, as nothing 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 liberty 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 a crucial recommendation 
          made by the 9/11 Commission.
              (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 contain a funding line for the Board.
  
  SEC. 3. 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''.
  
  SEC. 4. REQUIRING ALL MEMBERS OF THE PRIVACY AND CIVIL LIBERTIES 
                OVERSIGHT BOARD BE CONFIRMED BY THE SENATE.
  
      Subsection (e) of section 1061 of the Intelligence Reform 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 professional 
          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 capacity 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 office after 
                  the commencement of such term may serve under such 
                  appointment only for the remainder of such term;
                      ``(B) upon the expiration of the term of office of 
                  a member, the member shall continue to serve until the 
                  member's successor has been appointed and qualified, 
                  except that no member may serve under this 
                  subparagraph--
                              ``(i) for more than 60 days when Congress 
                          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 majority 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 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 direction 
                  of a majority of the members of the Board, persons 
                  (other than departments, agencies, 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 Prevention Act of 2004 is amended to 
  read as follows:
              ``(4) Reports.--
                      ``(A) Receipt, review, and submission.--
                              ``(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 
                                  appropriate committees of Congress, 
                                  including the Committees on the 
                                  Judiciary 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 Committee 
                                  on Intelligence of the Senate, and the 
                                  Permanent Select Committee on 
                                  Intelligence of the House of 
                                  Representatives, and to the President.
                          Such reports shall be in unclassified form to 
                          the greatest extent possible, with a classified 
                          annex where necessary.
                              ``(ii) Contents.--Not less than 2 reports 
                          the Board submits each year under clause 
                          (i)(II) shall include--
                                      ``(I) a description of the major 
                                  activities of the Board during the 
                                  preceding period;
                                      ``(II) information on the findings, 
                                  conclusions, and recommendations of the 
                                  Board resulting from its advice and 
                                  oversight functions under subsection 
                                  (c);
                                      ``(III) the minority views on any 
                                  findings, conclusions, and 
                                  recommendations of the Board resulting 
                                  from its advice and oversight functions 
                                  under subsection (c); and
                                      ``(IV) each proposal reviewed by 
                                  the Board under subsection (c)(1) that 
                                  the Board advised against implementing, 
                                  but that notwithstanding such advice, 
                                  was implemented.
                      ``(B) Informing the public.--The Board shall--
                              ``(i) make its reports, including its 
                          reports to Congress, available to the public to 
                          the greatest extent that is consistent with the 
                          protection of classified information and 
                          applicable law; and
                              ``(ii) hold public hearings and otherwise 
                          inform the public of its activities, as 
                          appropriate and in a manner consistent with the 
                          protection of classified information and 
                          applicable law.''.
      (b) Privacy and Civil Liberties Officers.--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 
  intelligence 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 Oversight Board to be appropriate for 
  coverage under this section shall designate not less than 1 senior 
  officer to--
              ``(1) assist the head of such department, agency, or 
          element and other officials of such department, agency, or 
          element in appropriately considering 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 terrorism;
              ``(2) periodically investigate and review department, 
          agency, or element actions, policies, procedures, guidelines, 
          and related laws and their implementation 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, investigate, respond to, and 
          redress complaints from individuals who allege such department, 
          agency, or element has violated their privacy or civil 
          liberties; and
              ``(4) in providing advice on proposals to retain or enhance 
          a particular governmental power the officer shall consider 
          whether such department, agency, or element has established--
                      ``(A) that the power actually enhances security and 
                  the need for the power is balanced with the need to 
                  protect privacy and civil liberties;
                      ``(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 department, agency, 
          or element referred to in subsection (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 privacy officer or civil 
  liberties officer described in subsection (a) or (b) shall--
              ``(1) report directly to the head of the department, 
          agency, or element concerned; and
              ``(2) coordinate their activities with the Inspector 
          General of such department, agency, or element to avoid 
          duplication of effort.
      ``(d) Agency Cooperation.--The head of each department, agency, or 
  element shall ensure that each privacy officer and civil liberties 
  officer--
              ``(1) has the information, material, and resources 
          necessary to fulfill the functions of such officer;
              ``(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 action constituting a 
  reprisal, or threat of reprisal, for making 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 protections or civil liberties in the administration of the 
  programs 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 Judiciary 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 Committee on 
                  Intelligence of the Senate, and the Permanent Select 
                  Committee on Intelligence of the House of 
                  Representatives;
                      ``(ii) to the head of such department, agency, 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 discharge of each of the 
          functions of the officer concerned, 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 complaints 
                  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 activities of such 
          officer, as appropriate and in a manner consistent with the 
          protection of classified information and applicable law.
      ``(h) Savings Clause.--Nothing in this section shall be construed 
  to limit or otherwise supplant any other authorities or 
  responsibilities provided by law to privacy officers or civil liberties 
  officers.
      ``(i) Protections for Human Research Subjects.--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 Secretary, with respect to research 
  that is conducted or supported 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 paragraph:
              ``(36) a separate statement of the amount of appropriations 
          requested for the Privacy and Civil Liberties Oversight 
          Board.''.
target: 9/11 Commission Civil Liberties Board Act - Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to make the Privacy and Civil Liberties Oversight Board (Board) an independent agency within the Executive branch. (Currently, such Board is established within the Executive Office of the President.) Requires the Board to be composed of a full-time chairman and four additional members, all to be confirmed by the Senate. Prohibits Board members, while so serving, from being an elected official, officer, or employee of the Federal Government. Provides six-year terms. Gives the Board subpoena power.
  
  Requires the Board to: (1) receive and review reports from privacy and civil liberties officers; and (2) report at least semiannually to specified congressional committees on Board activities and other appropriate matters.
  
  Directs the heads of specified Federal agencies to designate at least one senior officer for appropriate assistance with respect to privacy and civil liberties concerns as they relate to terrorism prevention.
  
  Directs the Secretary of Homeland Security to ensure that the Department of Homeland Security complies with the protections for human research subjects in research conducted or supported by such Department.
  
  Requires within the President's annual budget submission to Congress a separate statement of the amount of appropriations requested for the Board.
feat_title: 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.