[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2903 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2903

  To reform the Privacy and Civil Liberties Oversight Board, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 18, 2014

  Mr. Wyden (for himself and Mr. Udall of New Mexico) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To reform the Privacy and Civil Liberties Oversight Board, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLES.

    This Act may be cited as the ``Strengthening Privacy, Oversight, 
and Transparency Act'' or the ``SPOT Act''.

SEC. 2. INCLUSION OF FOREIGN INTELLIGENCE ACTIVITIES IN OVERSIGHT 
              AUTHORITY OF THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT 
              BOARD.

    Section 1061 of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (42 U.S.C. 2000ee) is amended by inserting ``and conduct 
foreign intelligence activities'' after ``terrorism'' in the following 
provisions:
            (1) Paragraphs (1) and (2) of subsection (c).
            (2) Subparagraphs (A) and (B) of subsection (d)(1).
            (3) Subparagraphs (A), (B), and (C) of subsection (d)(2).

SEC. 3. SUBMISSION OF WHISTLEBLOWER COMPLAINTS TO THE PRIVACY AND CIVIL 
              LIBERTIES OVERSIGHT BOARD.

    Section 1061 of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (42 U.S.C. 2000ee), as amended by section 2, is further 
amended--
            (1) in subsection (d), by adding at the end the following 
        new paragraph:
            ``(5) Whistleblower complaints.--
                    ``(A) Submission to board.--An employee of, or 
                contractor or detailee to, an element of the 
                intelligence community may submit to the Board a 
                complaint or information that such employee, 
                contractor, or detailee believes relates to a privacy 
                or civil liberties concern.
                    ``(B) Authority of board.--The Board may take such 
                action as the Board considers appropriate with respect 
                to investigating a complaint or information submitted 
                under subparagraph (A) or transmitting such complaint 
                or information to any other Executive agency or the 
                congressional intelligence committees.
                    ``(C) Relationship to existing laws.--The authority 
                under subparagraph (A) of an employee, contractor, or 
                detailee to submit to the Board a complaint or 
                information shall be in addition to any other authority 
                under another provision of law to submit a complaint or 
                information. Any action taken under any other provision 
                of law by the recipient of a complaint or information 
                shall not preclude the Board from taking action 
                relating to the same complaint or information.
                    ``(D) Relationship to actions taken under other 
                laws.--Nothing in this paragraph shall prevent--
                            ``(i) any individual from submitting a 
                        complaint or information to any authorized 
                        recipient of the complaint or information; or
                            ``(ii) the recipient of a complaint or 
                        information from taking independent action on 
                        the complaint or information.''; and
            (2) by adding at the end the following new subsection:
    ``(n) Definitions.--In this section, the terms `congressional 
intelligence committees' and `intelligence community' have the meaning 
given such terms in section 3 of the National Security Act of 1947 (50 
U.S.C. 3003).''.

SEC. 4. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD SUBPOENA POWER.

    Section 1061(g) of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (42 U.S.C. 2000ee(g)) is amended--
            (1) in paragraph (1)(D), by striking ``submit a written 
        request to the Attorney General of the United States that the 
        Attorney General'';
            (2) by striking paragraph (2); and
            (3) by redesignating paragraphs (3) and (4) as paragraphs 
        (2) and (3), respectively.

SEC. 5. APPOINTMENT OF STAFF OF THE PRIVACY AND CIVIL LIBERTIES 
              OVERSIGHT BOARD.

    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.--If the position 
        of chairman of the Board is vacant, during the period of the 
        vacancy the Board, at the direction of the majority of the 
        members of the Board, may exercise the authority of the 
        chairman under paragraph (1).''.

SEC. 6. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.

    (a) In General.--Section 1061 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee), as amended by 
sections 2 and 3, is further amended--
            (1) in subsection (h)--
                    (A) in paragraph (1), by inserting ``full-time'' 
                after ``4 additional''; and
                    (B) in paragraph (4)(B), by striking ``, except 
                that'' and all that follows through the end and 
                inserting a period;
            (2) in subsection (i)(1)--
                    (A) in subparagraph (A), by striking ``level III of 
                the Executive Schedule under section 5314'' and 
                inserting ``level II of the Executive Schedule under 
                section 5313''; and
                    (B) in subparagraph (B), by striking ``level IV of 
                the Executive Schedule'' and all that follows through 
                the end and inserting ``level III of the Executive 
                Schedule under section 5314 of title 5, United States 
                Code.''; and
            (3) in subsection (j)(1), by striking ``level V of the 
        Executive Schedule under section 5316'' and inserting ``level 
        IV of the Executive Schedule under section 5315''.
    (b) Effective Date; Applicability.--
            (1) In general.--The amendments made by subsection (a) 
        shall--
                    (A) take effect on the date of enactment of this 
                Act; and
                    (B) except as provided in paragraph (2), apply to 
                any appointment to a position as a member of the 
                Privacy and Civil Liberties Oversight Board made on or 
                after the date of the enactment of this Act.
            (2) Exceptions.--
                    (A) Compensation changes.--The amendments made by 
                paragraphs (2)(A) and (3) of subsection (a) shall take 
                effect on the first day of the first pay period 
                beginning after the date of the enactment of this Act.
                    (B) Election to serve full time by incumbents.--
                            (i) In general.--An individual serving as a 
                        member of the Privacy and Civil Liberties 
                        Oversight Board on the date of the enactment of 
                        this Act, including a member continuing to 
                        serve as a member under section 1061(h)(4)(B) 
                        of the Intelligence Reform and Terrorism 
                        Prevention Act of 2004 (42 U.S.C. 
                        2000ee(h)(4)(B)), (in this subparagraph 
                        referred to as a ``current member'') may make 
                        an election to--
                                    (I) serve as a member of the 
                                Privacy and Civil Liberties Oversight 
                                Board on a full-time basis and in 
                                accordance with section 1061 of the 
                                Intelligence Reform and Terrorism 
                                Prevention Act of 2004 (42 U.S.C. 
                                2000ee), as amended by this Act; or
                                    (II) serve as a member of the 
                                Privacy and Civil Liberties Oversight 
                                Board on a part-time basis in 
                                accordance with such section 1061, as 
                                in effect on the day before the date of 
                                enactment of this Act, including the 
                                limitation on service after the 
                                expiration of the term of the member 
                                under subsection (h)(4)(B) of such 
                                section, as in effect on the day before 
                                the date of the enactment of this Act.
                            (ii) Election to serve full time.--A 
                        current member making an election under clause 
                        (i)(I) shall begin serving as a member of the 
                        Privacy and Civil Liberties Oversight Board on 
                        a full-time basis on the first day of the first 
                        pay period beginning not less than 60 days 
                        after the date on which the current member 
                        makes the election.

SEC. 7. PROVISION OF INFORMATION ABOUT GOVERNMENT ACTIVITIES UNDER THE 
              FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978 TO THE 
              PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.

    The Attorney General should fully inform the Privacy and Civil 
Liberties Oversight Board about any activities carried out by the 
Government under the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801 et seq.), including by providing to the Board--
            (1) copies of each detailed report submitted to a committee 
        of Congress under such Act; and
            (2) copies of each decision, order, and opinion of the 
        Foreign Intelligence Surveillance Court or the Foreign 
        Intelligence Surveillance Court of Review required to be 
        included in the report under section 601(a) of such Act (50 
        U.S.C. 1871(a)).
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