I 

113TH CONGRESS 

2D SESSION H. R. 5595 

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

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 18, 2014 

Ms. GABBARD (for herself and Mr. GOWDY) introduced the following bill; 

which was referred to the Committee on Oversight and Government Reform, and in addition to the Committees on the Judiciary, Select Intelligence (Permanent Select), and Homeland Security, for a period to be 

subsequently determined by the Speaker, in each case for consideration 

of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To reform the Privacy and Civil Liberties Oversight Board, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Strengthening Privacy, 

5 Oversight, and Transparency Act’’ or the ‘‘SPOT Act’’. 


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1 SEC. 2. INCLUSION OF FOREIGN INTELLIGENCE ACTIVITIES 

2 IN OVERSIGHT AUTHORITY OF THE PRIVACY 

3 AND CIVIL LIBERTIES OVERSIGHT BOARD. 

4 Section 1061 of the Intelligence Reform and Ter5 rorism Prevention Act of 2004 (42 U.S.C. 2000ee) is 

6 amended by inserting ‘‘and conduct foreign intelligence ac7 tivities’’ after ‘‘terrorism’’ in the following provisions: 

8 (1) Paragraphs (1) and (2) of subsection (c). 

9 (2) Subparagraphs (A) and (B) of subsection 

10 (d)(1). 

11 (3) Subparagraphs (A), (B), and (C) of sub12 section (d)(2). 

13 SEC. 3. SUBMISSION OF WHISTLEBLOWER COMPLAINTS TO 

14 THE PRIVACY AND CIVIL LIBERTIES OVER15 SIGHT BOARD. 

16 Section 1061 of the Intelligence Reform and Ter17 rorism Prevention Act of 2004 (42 U.S.C. 2000ee), as 

18 amended by section 2, is further amended— 

19 (1) in subsection (d), by adding at the end the 

20 following new paragraph: 

21 ‘‘(5) WHISTLEBLOWER COMPLAINTS.— 

22 ‘‘(A) SUBMISSION TO BOARD.—An em23 ployee of, or contractor or detailee to, an ele24 ment of the intelligence community may submit 

25 to the Board a complaint or information that 


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1 such employee, contractor, or detailee believes 

2 relates to a privacy or civil liberties concern. 

3 ‘‘(B) AUTHORITY OF BOARD.—The Board 

4 may take such action as the Board considers 

5 appropriate with respect to investigating a com6 plaint or information submitted under subpara7 graph (A) or transmitting such complaint or in8 formation to any other Executive agency or the 

9 congressional intelligence committees. 

10 ‘‘(C) RELATIONSHIP TO EXISTING LAWS.— 

11 The authority under subparagraph (A) of an 

12 employee, contractor, or detailee to submit to 

13 the Board a complaint or information shall be 

14 in addition to any other authority under an15 other provision of law to submit a complaint or 

16 information. Any action taken under any other 

17 provision of law by the recipient of a complaint 

18 or information shall not preclude the Board 

19 from taking action relating to the same com20 plaint or information. 

21 ‘‘(D) RELATIONSHIP TO ACTIONS TAKEN

22 UNDER OTHER LAWS.—Nothing in this para23 graph shall prevent— 

24 ‘‘(i) any individual from submitting a 

25 complaint or information to any authorized 


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1 recipient of the complaint or information; 

2 or 

3 ‘‘(ii) the recipient of a complaint or 

4 information from taking independent ac5 tion on the complaint or information.’’; 

6 and 

7 (2) by adding at the end the following new sub8 section: 

9 ‘‘(n) DEFINITIONS.—In this section, the terms ‘con10 gressional intelligence committees’ and ‘intelligence com11 munity’ have the meaning given such terms in section 3 

12 of the National Security Act of 1947 (50 U.S.C. 3003).’’. 

13 SEC. 4. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD 

14 SUBPOENA POWER. 

15 Section 1061(g) of the Intelligence Reform and Ter16 rorism Prevention Act of 2004 (42 U.S.C. 2000ee(g)) is 

17 amended— 

18 (1) in paragraph (1)(D), by striking ‘‘submit a 

19 written request to the Attorney General of the 

20 United States that the Attorney General’’; 

21 (2) by striking paragraph (2); and 

22 (3) by redesignating paragraphs (3) and (4) as 

23 paragraphs (2) and (3), respectively. 


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1 SEC. 5. APPOINTMENT OF STAFF OF THE PRIVACY AND 

2 CIVIL LIBERTIES OVERSIGHT BOARD. 

3 Section 1061(j) of the Intelligence Reform and Ter4 rorism Prevention Act of 2004 (42 U.S.C. 2000ee(j)) is 

5 amended— 

6 (1) by redesignating paragraphs (2) and (3) as 

7 paragraphs (3) and (4), respectively; and 

8 (2) by inserting after paragraph (1) the fol9 lowing new paragraph: 

10 ‘‘(2) APPOINTMENT IN ABSENCE OF CHAIR11 MAN.—If the position of chairman of the Board is 

12 vacant, during the period of the vacancy the Board, 

13 at the direction of the majority of the members of 

14 the Board, may exercise the authority of the chair15 man under paragraph (1).’’. 

16 SEC. 6. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD. 

17 (a) IN GENERAL.—Section 1061 of the Intelligence 

18 Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 

19 2000ee), as amended by sections 2 and 3, is further 

20 amended— 

21 (1) in subsection (h)— 

22 (A) in paragraph (1), by inserting ‘‘full23 time’’ after ‘‘4 additional’’; and 

24 (B) in paragraph (4)(B), by striking ‘‘, ex25 cept that’’ and all that follows through the end 

26 and inserting a period; 


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1 (2) in subsection (i)(1)— 

2 (A) in subparagraph (A), by striking ‘‘level 

3 III of the Executive Schedule under section 

4 5314’’ and inserting ‘‘level II of the Executive 

5 Schedule under section 5313’’; and 

6 (B) in subparagraph (B), by striking ‘‘level 

7 IV of the Executive Schedule’’ and all that fol8 lows through the end and inserting ‘‘level III of 

9 the Executive Schedule under section 5314 of 

10 title 5, United States Code.’’; and 

11 (3) in subsection (j)(1), by striking ‘‘level V of 

12 the Executive Schedule under section 5316’’ and in13 serting ‘‘level IV of the Executive Schedule under 

14 section 5315’’. 

15 (b) EFFECTIVE DATE; APPLICABILITY.— 

16 (1) IN GENERAL.—The amendments made by 

17 subsection (a) shall— 

18 (A) take effect on the date of enactment of 

19 this Act; and 

20 (B) except as provided in paragraph (2), 

21 apply to any appointment to a position as a 

22 member of the Privacy and Civil Liberties Over23 sight Board made on or after the date of the 

24 enactment of this Act. 

25 (2) EXCEPTIONS.— 


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1 (A) COMPENSATION CHANGES.—The 

2 amendments made by paragraphs (2)(A) and 

3 (3) of subsection (a) shall take effect on the 

4 first day of the first pay period beginning after 

5 the date of the enactment of this Act. 

6 (B) ELECTION TO SERVE FULL TIME BY

7 INCUMBENTS.— 

8 (i) IN GENERAL.—An individual serv9 ing as a member of the Privacy and Civil 

10 Liberties Oversight Board on the date of 

11 the enactment of this Act, including a 

12 member continuing to serve as a member 

13 under section 1061(h)(4)(B) of the Intel14 ligence Reform and Terrorism Prevention 

15 Act of 2004 (42 U.S.C. 2000ee(h)(4)(B)), 

16 (in this subparagraph referred to as a 

17 ‘‘current member’’) may make an election 

18 to— 

19 (I) serve as a member of the Pri20 vacy and Civil Liberties Oversight 

21 Board on a full-time basis and in ac22 cordance with section 1061 of the In23 telligence Reform and Terrorism Pre24 vention Act of 2004 (42 U.S.C. 

25 2000ee), as amended by this Act; or 


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1 (II) serve as a member of the 

2 Privacy and Civil Liberties Oversight 

3 Board on a part-time basis in accord4 ance with such section 1061, as in ef5 fect on the day before the date of en6 actment of this Act, including the lim7 itation on service after the expiration 

8 of the term of the member under sub9 section (h)(4)(B) of such section, as 

10 in effect on the day before the date of 

11 the enactment of this Act. 

12 (ii) ELECTION TO SERVE FULL

13 TIME.—A current member making an elec14 tion under clause (i)(I) shall begin serving 

15 as a member of the Privacy and Civil Lib16 erties Oversight Board on a full-time basis 

17 on the first day of the first pay period be18 ginning not less than 60 days after the 

19 date on which the current member makes 

20 the election. 


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1 SEC. 7. PROVISION OF INFORMATION ABOUT GOVERNMENT 

2 ACTIVITIES UNDER THE FOREIGN INTEL3 LIGENCE SURVEILLANCE ACT OF 1978 TO THE 

4 PRIVACY AND CIVIL LIBERTIES OVERSIGHT 

5 BOARD. 

6 The Attorney General should fully inform the Privacy 

7 and Civil Liberties Oversight Board about any activities 

8 carried out by the Government under the Foreign Intel9 ligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), 

10 including by providing to the Board— 

11 (1) copies of each detailed report submitted to 

12 a committee of Congress under such Act; and 

13 (2) copies of each decision, order, and opinion 

14 of the Foreign Intelligence Surveillance Court or the 

15 Foreign Intelligence Surveillance Court of Review re16 quired to be included in the report under section 

17 601(a) of such Act (50 U.S.C. 1871(a)). 

Æ 


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