Page:United States Statutes at Large Volume 121.djvu/382

 PUBLIC LAW 110–53—AUG. 3, 2007

121 STAT. 361

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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 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 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 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 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 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

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