[Congressional Record Volume 161, Number 86 (Monday, June 1, 2015)]
[Senate]
[Page S3409]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1457. Mr. UDALL (for himself and Mr. Wyden) submitted an amendment
intended to be proposed by him to the bill H.R. 2048, to reform the
authorities of the Federal Government to require the production of
certain business records, conduct electronic surveillance, use pen
registers and trap and trace devices, and use other forms of
information gathering for foreign intelligence, counterterrorism, and
criminal purposes, and for other purposes; which was ordered to lie on
the table; as follows:
At the end, add the following:
TITLE IX--PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD REFORM
SEC. 901. SHORT TITLES.
This title may be cited as the ``Strengthening Privacy,
Oversight, and Transparency Act'' or the ``SPOT Act''.
SEC. 902. 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. 903. 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 902, 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. 904. 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. 905. 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. 906. 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 902 and 903, 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. 907. 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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