Page:United States Statutes at Large Volume 121.djvu/373

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[121 STAT. 352]
[121 STAT. 352]
PUBLIC LAW 110-000—MMMM. DD, 2007

121 STAT. 352

PUBLIC LAW 110–53—AUG. 3, 2007

TITLE VIII—PRIVACY AND CIVIL LIBERTIES SEC. 801. MODIFICATION OF AUTHORITIES RELATING TO PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.

(a) MODIFICATION OF AUTHORITIES.—Section 1061 of the National Security Intelligence Reform Act of 2004 (5 U.S.C. 601 note) is amended to read as follows: ‘‘SEC. 1061. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.

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‘‘(a) IN GENERAL.—There is established as an independent agency within the executive branch a Privacy and Civil Liberties Oversight Board (referred to in this section as the ‘Board’). ‘‘(b) FINDINGS.—Consistent with the report of the National 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. ‘‘(3) The National Commission on Terrorist Attacks Upon the United States correctly concluded 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 us that insecurity threatens liberty. Yet, if our liberties are curtailed, we lose the values that we are struggling to defend.’. ‘‘(c) PURPOSE.—The Board shall— ‘‘(1) analyze and review actions the executive branch takes to protect the Nation from terrorism, ensuring that the need for such actions is balanced with the need to protect privacy and civil liberties; and ‘‘(2) ensure that liberty concerns are appropriately considered in the development and implementation of laws, regulations, and policies related to efforts to protect the Nation against terrorism. ‘‘(d) FUNCTIONS.— ‘‘(1) ADVICE AND COUNSEL ON POLICY DEVELOPMENT AND IMPLEMENTATION.—The Board shall— ‘‘(A) review proposed legislation, regulations, and policies related to efforts to protect the Nation from terrorism, including the development and adoption of information sharing guidelines under subsections (d) and (f) of section 1016; ‘‘(B) review the implementation of new and existing legislation, regulations, and policies related to efforts to protect the Nation from terrorism, including the implementation of information sharing guidelines under subsections (d) and (f) of section 1016; ‘‘(C) advise the President and the departments, agencies, and elements of the executive branch to ensure that privacy and civil liberties are appropriately considered in

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