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‘‘(1) AUTHORIZATION.—If determined by the
Board to be necessary to carry out its responsibilities
under this section, the Board is authorized to—
‘‘(A) have access from any department,
agency, or element of the executive branch, or
any Federal officer or employee, to all relevant
records, reports, audits, reviews, documents, pa-
pers, recommendations, or other relevant mate-
rial, including classified information consistent
with applicable law;
‘‘(B) interview, take statements from, or
take public testimony from personnel of any de-
partment, agency, or element of the executive
branch, or any Federal officer or employee;
‘‘(C) request information or assistance from
any State, tribal, or local government; and
‘‘(D) at the direction of a majority of the
members of the Board, submit a written request
to the Attorney General of the United States that
the Attorney General require, by subpoena, per-
sons (other than departments, agencies, and ele-
ments of the executive branch) to produce any
relevant information, documents, reports, an-
swers, records, accounts, papers, and other docu-
mentary or testimonial evidence.
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‘‘(2) REVIEW OF SUBPOENA REQUEST.—
‘‘(A) IN GENERAL.—Not later than 30 days
after the date of receipt of a request by the Board
under paragraph (1)(D), the Attorney General
shall—
‘‘(i) issue the subpoena as requested; or
‘‘(ii) provide the Board, in writing,
with an explanation of the grounds on
which the subpoena request has been modi-
fied or denied.
‘‘(B) NOTIFICATION.—If a subpoena request
is modified or denied under subparagraph
(A)(ii), the Attorney General shall, not later
than 30 days after the date of that modification
or denial, notify the Committee on the Judiciary
of the Senate and the Committee on the Judici-
ary of the House of Representatives.
‘‘(3) ENFORCEMENT OF SUBPOENA.—In the case
of contumacy or failure to obey a subpoena issued
pursuant to paragraph (1)(D), the United States dis-
trict court for the judicial district in which the sub-
poenaed person resides, is served, or may be found
may issue an order requiring such person to produce
the evidence required by such subpoena.
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‘‘(4) AGENCY COOPERATION.—Whenever informa-
tion or assistance requested under subparagraph (A)
or (B) of paragraph (1) is, in the judgment of the
Board, unreasonably refused or not provided, the
Board shall report the circumstances to the head of
the department, agency, or element concerned without
delay. The head of the department, agency, or element
concerned shall ensure that the Board is given access
to the information, assistance, material, or personnel
the Board determines to be necessary to carry out its
functions.
‘‘(h) 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, ex-
pertise in civil liberties and privacy, and relevant ex-
perience, 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.
‘‘(3) INCOMPATIBLE OFFICE.—An individual ap-
pointed to the Board may not, while serving on the
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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 6 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 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 first appointed under this
subsection after the date of enactment of the Im-
proving America’s Security Act of 2007 shall
serve terms of two, three, four, five, and six
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years, respectively, with the term of each such
member to be designated by the President.
‘‘(5) QUORUM AND MEETINGS.—After its initial
meeting, the Board shall meet upon the call of the
chairman or a majority of its members. Three mem-
bers of the Board shall constitute a quorum.
‘‘(i) COMPENSATION AND TRAVEL EXPENSES.—
‘‘(1) COMPENSATION.—
‘‘(A) CHAIRMAN.—The chairman of the
Board shall be compensated at the rate of pay
payable for a position at level III of the Execu-
tive Schedule under section 5314 of title 5,
United States Code.
‘‘(B) MEMBERS.—Each member of the
Board shall be compensated at a rate of pay
payable for a position at level IV of the Execu-
tive Schedule under section 5315 of title 5,
United States Code, for each day during which
that member is engaged in the actual perform-
ance 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 under
section 5703(b) of title 5, United States Code, while
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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 of the Board, in accordance with rules
agreed upon by the Board, shall appoint and fix the
compensation of a full-time 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, gov-
erning appointments in the competitive service, and
without regard to the provisions of chapter 51 and
subchapter III of chapter 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 employ-
ment without interruption.
‘‘(3) CONSULTANT SERVICES.—The Board may
procure the temporary or intermittent services of ex-
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perts and consultants in accordance with section 3109
of title 5, United States Code, at rates that do not ex-
ceed the daily rate paid a person occupying a posi-
tion at level IV of the Executive Schedule under sec-
tion 5315 of such title.
‘‘(k) SECURITY CLEARANCES.—The appropriate de-
partments, agencies, and elements of the executive branch
shall cooperate with the Board to expeditiously provide the
Board members and staff with appropriate security clear-
ances to the extent possible under existing procedures and
requirements.
‘‘(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 to carry out this section
amounts as follows:
‘‘(1) For fiscal year 2008, $5,000,000.
‘‘(2) For fiscal year 2009, $6,650,000.
‘‘(3) For fiscal year 2010, $8,300,000.
‘‘(4) For fiscal year 2011, $10,000,000.
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‘‘(5) For fiscal year 2012, and each fiscal year
thereafter, such sums as may be necessary.’’.
(b) CONTINUATION OF SERVICE OF CURRENT MEM-
BERS OF PRIVACY AND CIVIL LIBERTIES BOARD.—The
members of the Privacy and Civil Liberties Oversight Board
as of the date of enactment of this Act may continue to
serve as members of that Board after that date, and to carry
out the functions and exercise the powers of that Board as
specified in section 1061 of the National Security Intel-
ligence Reform Act of 2004 (as amended by subsection (a)),
until—
(1) in the case of any individual serving as a
member of the Board under an appointment by the
President, by and with the advice and consent of the
Senate, the expiration of a term designated by the
President under section 1061(h)(4)(C) of such Act (as
so amended);
(2) in the case of any individual serving as a
member of the Board other than under an appoint-
ment by the President, by and with the advice and
consent of the Senate, the confirmation or rejection by
the Senate of that member’s nomination to the Board
under such section 1061 (as so amended), except that
no such individual may serve as a member under this
paragraph—
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(A) for more than 60 days when Congress is
in session unless a nomination of that indi-
vidual to be a member of the Board has been
submitted to the Senate; or
(B) after the adjournment sine die of the
session of the Senate in which such nomination
is submitted; or
(3) the appointment of members of the Board
under such section 1061 (as so amended), except that
no member may serve under this paragraph—
(A) for more than 60 days when Congress is
in session unless a nomination to fill the posi-
tion on the Board shall have been submitted to
the Senate; or
(B) after the adjournment sine die of the
session of the Senate in which such nomination
is submitted.
SEC. 602. PRIVACY AND CIVIL LIBERTIES OFFICERS.
(a) IN GENERAL.—Section 1062 of the National Secu-
rity Intelligence Reform Act of 2004 (title I of Public Law
108–458; 118 Stat. 3688) 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
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Human Services, the Secretary of Homeland Security, the
Director of National Intelligence, the Director of the Central
Intelligence Agency, and the head of any other department,
agency, or element of the executive branch designated by
the Privacy and Civil Liberties Oversight Board under sec-
tion 1061 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 pri-
vacy and civil liberties concerns when such officials
are proposing, developing, or implementing laws, reg-
ulations, policies, procedures, or guidelines related to
efforts to protect the Nation against terrorism;
‘‘(2) periodically investigate and review depart-
ment, agency, or element actions, policies, procedures,
guidelines, and related laws and their implementa-
tion to ensure that such department, agency, or ele-
ment is adequately considering privacy and civil lib-
erties in its actions;
‘‘(3) ensure that such department, agency, or ele-
ment 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
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‘‘(4) in providing advice on proposals to retain
or enhance a particular governmental power the offi-
cer shall consider whether such department, agency,
or element has established—
‘‘(A) that the need for the power is balanced
with the need to protect privacy and civil lib-
erties;
‘‘(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 des-
ignated by the Privacy and Civil Liberties Oversight
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 de-
partment, agency, or element referred to in subsection
(a) or designated by the Board, which has a statu-
torily created civil liberties officer, such officer shall
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perform the functions specified in subsection (a) with
respect to civil liberties.
‘‘(c) SUPERVISION
AND COORDINATION.—Each pri-
vacy officer or civil liberties officer described in subsection
(a) or (b) shall—
‘‘(1) report directly to the head of the depart-
ment, 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 de-
partment, 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 decision makers; 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
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indicates a possible violation of privacy protections or civil
liberties in the administration of the programs and oper-
ations of the Federal Government relating to efforts to pro-
tect the Nation from terrorism shall be taken by any Federal
employee in a position to take such action, unless the com-
plaint 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, sub-
mit a report on the activities of such officers—
‘‘(A)(i) to the appropriate committees of
Congress, including the Committee on the Judici-
ary of the Senate, the Committee on the Judici-
ary of the House of Representatives, the Com-
mittee on Homeland Security and Governmental
Affairs of the Senate, the Committee on Over-
sight and Government Reform of the House of
Representatives, the Select Committee on Intel-
ligence of the Senate, and the Permanent Select
Committee on Intelligence of the House of Rep-
resentatives;