Page:United States Statutes at Large Volume 121.djvu/379

 121 STAT. 358

PUBLIC LAW 110–53—AUG. 3, 2007 (B) DESIGNATIONS.—In making the appointments described under subparagraph (A) of the first members of the Privacy and Civil Liberties Oversight Board as constituted under the amendments made by subsection (a), the President shall provide for the members to serve terms of 2, 3, 4, 5, and 6 years beginning on the effective date described under subsection (d)(1), with the term of each such member to be designated by the President. (d) EFFECTIVE DATE.— (1) IN GENERAL.—The amendments made by subsection (a) and subsection (b) shall take effect 180 days after the date of enactment of this Act. (2) TRANSITION PROVISIONS.—Subsection (c) shall take effect on the date of enactment of this Act.

42 USC 2000ee note.

SEC. 802. DEPARTMENT PRIVACY OFFICER.

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Section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142) is amended— (1) by inserting ‘‘(a) APPOINTMENT AND RESPONSIBILITIES.— ’’ before ‘‘The Secretary’’; and (2) by adding at the end the following: ‘‘(b) AUTHORITY TO INVESTIGATE.— ‘‘(1) IN GENERAL.—The senior official appointed under subsection (a) may— ‘‘(A) have access to all records, reports, audits, reviews, documents, papers, recommendations, and other materials available to the Department that relate to programs and operations with respect to the responsibilities of the senior official under this section; ‘‘(B) make such investigations and reports relating to the administration of the programs and operations of the Department as are, in the senior official’s judgment, necessary or desirable; ‘‘(C) subject to the approval of the Secretary, require by subpoena the production, by any person other than a Federal agency, of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence necessary to performance of the responsibilities of the senior official under this section; and ‘‘(D) administer to or take from any person an oath, affirmation, or affidavit, whenever necessary to performance of the responsibilities of the senior official under this section. ‘‘(2) ENFORCEMENT OF SUBPOENAS.—Any subpoena issued under paragraph (1)(C) shall, in the case of contumacy or refusal to obey, be enforceable by order of any appropriate United States district court. ‘‘(3) EFFECT OF OATHS.—Any oath, affirmation, or affidavit administered or taken under paragraph (1)(D) by or before an employee of the Privacy Office designated for that purpose by the senior official appointed under subsection (a) shall have the same force and effect as if administered or taken by or before an officer having a seal of office. ‘‘(c) SUPERVISION AND COORDINATION.— ‘‘(1) IN GENERAL.—The senior official appointed under subsection (a) shall—

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