II 

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. 

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 TITLES. 

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

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

6 SEC. 2. INCLUSION OF FOREIGN INTELLIGENCE ACTIVITIES 

7 IN OVERSIGHT AUTHORITY OF THE PRIVACY 

8 AND CIVIL LIBERTIES OVERSIGHT BOARD. 

9 Section 1061 of the Intelligence Reform and Ter10 rorism Prevention Act of 2004 (42 U.S.C. 2000ee) is 


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1 amended by inserting ‘‘and conduct foreign intelligence ac2 tivities’’ after ‘‘terrorism’’ in the following provisions: 

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

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

5 (d)(1). 

6 (3) Subparagraphs (A), (B), and (C) of sub7 section (d)(2). 

8 SEC. 3. SUBMISSION OF WHISTLEBLOWER COMPLAINTS TO 

9 THE PRIVACY AND CIVIL LIBERTIES OVER10 SIGHT BOARD. 

11 Section 1061 of the Intelligence Reform and Ter12 rorism Prevention Act of 2004 (42 U.S.C. 2000ee), as 

13 amended by section 2, is further amended— 

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

15 following new paragraph: 

16 ‘‘(5) WHISTLEBLOWER COMPLAINTS.— 

17 ‘‘(A) SUBMISSION TO BOARD.—An em18 ployee of, or contractor or detailee to, an ele19 ment of the intelligence community may submit 

20 to the Board a complaint or information that 

21 such employee, contractor, or detailee believes 

22 relates to a privacy or civil liberties concern. 

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

24 may take such action as the Board considers 

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1 plaint or information submitted under subpara2 graph (A) or transmitting such complaint or in3 formation to any other Executive agency or the 

4 congressional intelligence committees. 

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

6 The authority under subparagraph (A) of an 

7 employee, contractor, or detailee to submit to 

8 the Board a complaint or information shall be 

9 in addition to any other authority under an10 other provision of law to submit a complaint or 

11 information. Any action taken under any other 

12 provision of law by the recipient of a complaint 

13 or information shall not preclude the Board 

14 from taking action relating to the same com15 plaint or information. 

16 ‘‘(D) RELATIONSHIP TO ACTIONS TAKEN

17 UNDER OTHER LAWS.—Nothing in this para18 graph shall prevent— 

19 ‘‘(i) any individual from submitting a 

20 complaint or information to any authorized 

21 recipient of the complaint or information; 

22 or 

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

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1 tion on the complaint or information.’’; 

2 and 

3 (2) by adding at the end the following new sub4 section: 

5 ‘‘(n) DEFINITIONS.—In this section, the terms ‘con6 gressional intelligence committees’ and ‘intelligence com7 munity’ have the meaning given such terms in section 3 

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

9 SEC. 4. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD 

10 SUBPOENA POWER. 

11 Section 1061(g) of the Intelligence Reform and Ter12 rorism Prevention Act of 2004 (42 U.S.C. 2000ee(g)) is 

13 amended— 

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

15 written request to the Attorney General of the 

16 United States that the Attorney General’’; 

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

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

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

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

21 CIVIL LIBERTIES OVERSIGHT BOARD. 

22 Section 1061(j) of the Intelligence Reform and Ter23 rorism Prevention Act of 2004 (42 U.S.C. 2000ee(j)) is 

24 amended— 


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

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

3 (2) by inserting after paragraph (1) the fol4 lowing new paragraph: 

5 ‘‘(2) APPOINTMENT IN ABSENCE OF CHAIR6 MAN.—If the position of chairman of the Board is 

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

8 at the direction of the majority of the members of 

9 the Board, may exercise the authority of the chair10 man under paragraph (1).’’. 

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

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

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

14 2000ee), as amended by sections 2 and 3, is further 

15 amended— 

16 (1) in subsection (h)— 

17 (A) in paragraph (1), by inserting ‘‘full18 time’’ after ‘‘4 additional’’; and 

19 (B) in paragraph (4)(B), by striking ‘‘, ex20 cept that’’ and all that follows through the end 

21 and inserting a period; 

22 (2) in subsection (i)(1)— 

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

24 III of the Executive Schedule under section 


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1 5314’’ and inserting ‘‘level II of the Executive 

2 Schedule under section 5313’’; and 

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

4 IV of the Executive Schedule’’ and all that fol5 lows through the end and inserting ‘‘level III of 

6 the Executive Schedule under section 5314 of 

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

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

9 the Executive Schedule under section 5316’’ and in10 serting ‘‘level IV of the Executive Schedule under 

11 section 5315’’. 

12 (b) EFFECTIVE DATE; APPLICABILITY.— 

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

14 subsection (a) shall— 

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

16 this Act; and 

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

18 apply to any appointment to a position as a 

19 member of the Privacy and Civil Liberties Over20 sight Board made on or after the date of the 

21 enactment of this Act. 

22 (2) EXCEPTIONS.— 

23 (A) COMPENSATION CHANGES.—The 

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

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


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1 first day of the first pay period beginning after 

2 the date of the enactment of this Act. 

3 (B) ELECTION TO SERVE FULL TIME BY

4 INCUMBENTS.— 

5 (i) IN GENERAL.—An individual serv6 ing as a member of the Privacy and Civil 

7 Liberties Oversight Board on the date of 

8 the enactment of this Act, including a 

9 member continuing to serve as a member 

10 under section 1061(h)(4)(B) of the Intel11 ligence Reform and Terrorism Prevention 

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

13 (in this subparagraph referred to as a 

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

15 to— 

16 (I) serve as a member of the Pri17 vacy and Civil Liberties Oversight 

18 Board on a full-time basis and in ac19 cordance with section 1061 of the In20 telligence Reform and Terrorism Pre21 vention Act of 2004 (42 U.S.C. 

22 2000ee), as amended by this Act; or 

23 (II) serve as a member of the 

24 Privacy and Civil Liberties Oversight 

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1 ance with such section 1061, as in ef2 fect on the day before the date of en3 actment of this Act, including the lim4 itation on service after the expiration 

5 of the term of the member under sub6 section (h)(4)(B) of such section, as 

7 in effect on the day before the date of 

8 the enactment of this Act. 

9 (ii) ELECTION TO SERVE FULL

10 TIME.—A current member making an elec11 tion under clause (i)(I) shall begin serving 

12 as a member of the Privacy and Civil Lib13 erties Oversight Board on a full-time basis 

14 on the first day of the first pay period be15 ginning not less than 60 days after the 

16 date on which the current member makes 

17 the election. 

18 SEC. 7. PROVISION OF INFORMATION ABOUT GOVERNMENT 

19 ACTIVITIES UNDER THE FOREIGN INTEL20 LIGENCE SURVEILLANCE ACT OF 1978 TO THE 

21 PRIVACY AND CIVIL LIBERTIES OVERSIGHT 

22 BOARD. 

23 The Attorney General should fully inform the Privacy 

24 and Civil Liberties Oversight Board about any activities 

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1 ligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), 

2 including by providing to the Board— 

3 (1) copies of each detailed report submitted to 

4 a committee of Congress under such Act; and 

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

6 of the Foreign Intelligence Surveillance Court or the 

7 Foreign Intelligence Surveillance Court of Review re8 quired to be included in the report under section 

9 601(a) of such Act (50 U.S.C. 1871(a)). 

Æ 


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