118 STAT. 3685 PUBLIC LAW 108–458—DEC. 17, 2004 of information sharing guidelines under subsections (d) and (f) of section 1016; (C) advise the President and the head of any depart- ment or agency of the executive branch to ensure that privacy and civil liberties are appropriately considered in the development and implementation of such regulations and executive branch policies; and (D) in providing advice on proposals to retain or enhance a particular governmental power, consider whether the department, agency, or element of the execu- tive branch concerned has explained— (i) that there is adequate supervision of the use by the executive branch of the power to ensure protec- tion of privacy and civil liberties; (ii) that there are adequate guidelines and over- sight to properly confine the use of the power; and (iii) that the need for the power, including the risk presented to the national security if the Federal Government does not take certain actions, is balanced with the need to protect privacy and civil liberties. (2) OVERSIGHT.—The Board shall continually review— (A) regulations, executive branch policies, and proce- dures (including the implementation of such regulations, policies, and procedures), related laws pertaining to efforts to protect the Nation from terrorism, and other actions by the executive branch related to efforts to protect the Nation from terrorism to ensure that privacy and civil liberties are protected; and (B) the information sharing practices of the depart- ments, agencies, and elements of the executive branch to determine whether or not such practices appropriately pro- tect privacy and civil liberties and adhere to the informa- tion sharing guidelines under subsections (d) and (f) of section 1016 and to other applicable laws, regulations, and executive branch policies regarding the protection of pri- vacy and civil liberties. (3) SCOPE.—The Board shall ensure that concerns with respect to privacy and civil liberties are appropriately consid- ered in the implementation of laws, regulations, and executive branch policies related to efforts to protect the Nation against terrorism. (4) REPORTS TO CONGRESS.—Not less frequently than annually, the Board shall prepare a report to Congress, unclassified to the greatest extent possible (with a classified annex, if necessary), on the Board’s major activities during the preceding period. (d) ACCESS TO INFORMATION.— (1) AUTHORIZATION.—If determined by the Board to be nec- essary to carry out its responsibilities under this section, the Board is authorized, to the extent permitted by law, to— (A) have access from any department or agency of the executive branch, or any Federal officer or employee of any such department or agency, to all relevant records, reports, audits, reviews, documents, papers, recommenda- tions, or other relevant material, including classified information consistent with applicable law; VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00219 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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