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42 U.S.C. § 2000ee–1 — Privacy and civil liberties officers

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2000ee–1 — Privacy and civil liberties officers

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2000ee–1

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Stable record: federal_law:legal_authorities:record_usc_fe7e60dbbb6eb5cc915592fd
Source file: Laws/federal/codes/united-states-code/title-42/section-2000ee1-privacy-and-civil-liberties-officers--af16a69022.md
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Source location: Title 42, Chapter 21E, § 2000ee–1; chapter-21e-privacy-and-civil-liberties-protection-and-oversight.md

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**(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 Director of National Intelligence, the Director of the Central Intelligence Agency, the Director of the National Security Agency, the Director of the Federal Bureau of Investigation, and the head of any other department, agency, or element of the executive branch designated by the Privacy and Civil Liberties Oversight Board under [section 2000ee of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000ee&num=0&edition=prelim) to be appropriate for coverage under this section shall designate not less than 1 senior officer to serve as the principal advisor 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 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 not less than annually, submit a report on the activities of such officers— (A) (i) to the appropriate committees of Congress, including the Committee on the Judiciary of the Senate, the Committee on the Judiciary of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and 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.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2000ee — Privacy and Civil Liberties Oversight Board

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2000ee

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 1504 — Sharing of cyber threat indicators and defensive measures with the Federal Government

**(a) Requirement for policies and procedures** (1) **Interim policies and procedures** — Not later than 60 days after December 18, 2015, the Attorney General and the Secretary of Homeland Security shall, in consultation with the heads of the appropriate Federal entities, jointly develop and submit to Congress interim policies and procedures relating to the receipt of cyber threat indicators and defensive measures by the Federal Government. (2) **Final policies and procedures** — Not later than 180 days after December 18, 2015, the Attorney General and the Secretary of Homeland Security shall, in consultation with the heads of the appropriate Federal entities, jointly issue and make publicly available final policies and procedures relating to the receipt of cyber threat indicators and defensive measures by the Federal Government. (3) **Requirements concerning policies and procedures** — Consistent with the guidelines required by subsection (b), the policies and procedures developed or issued under this subsection shall— (A) ensure that cyber threat indicators shared with the Federal Government by any non-Federal entity pursuant to [section 1503(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section1503/c&num=0&edition=prelim) through the real-time process described in subsection (c) of this section— (i) are shared in an automated manner with all of the appropriate Federal entities; (ii) are only subject to a delay, modification, or other action due to controls established for such real-time process that could impede real-time receipt by all of the appropriate Federal entities when the delay, modification, or other action is due to controls— (I) agreed upon unanimously by all of the heads of the appropriate Fe

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 1504

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