Sec. 202. Improvements to Privacy and Civil Liberties Oversight Board
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Subsection
(j)of section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 42 U.S.C. 2000ee(j) ) is amended— by redesignating paragraphs
(2)and
(3)as paragraphs
(3)and (4), respectively; and by inserting after paragraph
(1)the following new paragraph: If the position of chairman of the Board is vacant, during the period of the vacancy, the Board, at the direction of the unanimous vote of the serving members of the Board, may exercise the authority of the chairman under paragraph (1). . Subsection
(f)of such section ( 42 U.S.C. 2000ee(f) ) is amended— by striking The Board shall and inserting The Board ; in paragraph
(1)by striking make its and inserting shall make its ; and in paragraph (2)— by striking hold public and inserting shall hold public ; and by inserting before the period at the end the following: , but may, notwithstanding section 552b of title 5, United States Code, meet or otherwise communicate in any number to confer or deliberate in a manner that is closed to the public . Not later than 1 year after the date on which the Privacy and Civil Liberties Oversight Board first achieves a quorum following the date of the enactment of this Act, the Board shall submit to the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on the Judiciary and the Select Committee on Intelligence of the Senate a report assessing— how communications acquired under section 702 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881a ) are used by the United States to prevent or defend against terrorism; whether technological challenges and changes in technology affect the prevention of and defense against terrorism, and how effectively the foreign intelligence elements of the intelligence community (as defined in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) )) have responded to those challenges; and how privacy and civil liberties are affected by the actions identified under paragraph
(1)and the changes in technology identified under paragraph (2), and whether race, religion, political affiliation, or activities protected by the First Amendment to the Constitution of the United States are determinative in the targeting or querying decisions made pursuant to such section 702.
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Sec. 202
Improvements to Privacy and Civil Liberties Oversight Board
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