; (2) by inserting and after the agency; ; and (3) by adding at the end the following: (B) does not include the Privacy and Civil Liberties Oversight Board; . 11. Flexibility for Privacy and Civil Liberties Oversight Board in staffing matters Section 1061(j) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 42 U.S.C. 2000ee(j) ) is amended— (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (2) by inserting after paragraph (1) the following new paragraph: (2) Appointment in absence of chairman or absence of a quorum If the position of chairman of the Board is vacant or a quorum is absent, during the period of the vacancy or vacancies, the Board, at the direction of the unanimous vote of the remaining member or members of the Board, may exercise the authority of the chairman under paragraph (1). . 12. Increased penalties for unauthorized removal and retention of classified documents or material Section 1924(a) of title 18, United States Code, is amended by striking fined and all that follows through both and inserting fined under this title, imprisoned for not more than 10 years, or both .