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 Re-
form, and in addition to the Committees on the Judiciary, Select Intel-
ligence (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 con-
cerned 
A BILL 
To reform the Privacy and Civil Liberties Oversight Board, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Strengthening Privacy, 
Oversight, and Transparency Act’’ or the ‘‘SPOT Act’’. 
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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 Ter-
rorism Prevention Act of 2004 (42 U.S.C. 2000ee) is 
amended by inserting ‘‘and conduct foreign intelligence ac-
tivities’’ 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 sub-
section (d)(2). 
SEC. 3. SUBMISSION OF WHISTLEBLOWER COMPLAINTS TO 
THE PRIVACY AND CIVIL LIBERTIES OVER-
SIGHT BOARD. 
Section 1061 of the Intelligence Reform and Ter-
rorism 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 em-
ployee of, or contractor or detailee to, an ele-
ment of the intelligence community may submit 
to the Board a complaint or information that 
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recipient of the complaint or information; 
or 
‘‘(ii) the recipient of a complaint or 
information from taking independent ac-
tion on the complaint or information.’’; 
and 
(2) by adding at the end the following new sub-
section: 
‘‘(n) DEFINITIONS.—In this section, the terms ‘con-
gressional intelligence committees’ and ‘intelligence com-
munity’ 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 Ter-
rorism 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. 
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SEC. 5. APPOINTMENT OF STAFF OF THE PRIVACY AND 
CIVIL LIBERTIES OVERSIGHT BOARD. 
Section 1061(j) of the Intelligence Reform and Ter-
rorism 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 fol-
lowing new paragraph: 
‘‘(2) APPOINTMENT
IN
ABSENCE
OF
CHAIR-
MAN.—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 chair-
man 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 ‘‘, ex-
cept that’’ and all that follows through the end 
and inserting a period; 
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(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 fol-
lows 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 in-
serting ‘‘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 Over-
sight Board made on or after the date of the 
enactment of this Act. 
(2) EXCEPTIONS.— 
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(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 serv-
ing 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 Intel-
ligence 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 Pri-
vacy and Civil Liberties Oversight 
Board on a full-time basis and in ac-
cordance with section 1061 of the In-
telligence Reform and Terrorism Pre-
vention Act of 2004 (42 U.S.C. 
2000ee), as amended by this Act; or 
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(II) serve as a member of the 
Privacy and Civil Liberties Oversight 
Board on a part-time basis in accord-
ance with such section 1061, as in ef-
fect on the day before the date of en-
actment of this Act, including the lim-
itation on service after the expiration 
of the term of the member under sub-
section (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 elec-
tion under clause (i)(I) shall begin serving 
as a member of the Privacy and Civil Lib-
erties Oversight Board on a full-time basis 
on the first day of the first pay period be-
ginning not less than 60 days after the 
date on which the current member makes 
the election. 
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SEC. 7. PROVISION OF INFORMATION ABOUT GOVERNMENT 
ACTIVITIES UNDER THE FOREIGN INTEL-
LIGENCE 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 Intel-
ligence 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 re-
quired to be included in the report under section 
601(a) of such Act (50 U.S.C. 1871(a)). 
Æ 
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