Strengthening Privacy, Oversight, and Transparency Act or the SPOT Act - Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to expand the functions of the Privacy and Civil Liberties Oversight Board to include reviews of legislation, regulations, policies, and executive branch actions relating to foreign intelligence.
Allows intelligence community employees, contractors, or detailees to submit to the Board a whistleblower complaint or information believed to be related to a privacy or civil liberties concern. Permits the Board to: (1) investigate such complaints, or (2) transmit such complaints to any other executive agency or the congressional intelligence committees.
Authorizes the Board to subpoena persons (other than agencies and elements of the executive branch) to produce documentary or testimonial evidence. (Currently, the Board submits a request for the Attorney General to issue a subpoena.)
Permits the Board, at the direction of the majority of its members, to exercise the authority of the Board chairman to appoint and fix compensation of Board staff when the position of chairman is vacant.
Provides for members of the Board to serve in a full-time capacity. Removes exceptions to the requirement that members continue to serve after the expiration of their term of office until a successor has been appointed and qualified. Revises the compensation of the Board chairman, members, and staff.
Directs the Attorney General to fully inform the Board about government activities under the Foreign Intelligence Surveillance Act of 1978 (FISA), including by providing to the Board copies of: (1) FISA reports submitted to Congress; and (2) FISA court decisions, orders, and opinions that include significant construction or interpretation of FISA.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5595 Introduced in House (IH)]
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.
Be it enacted by the Senate and House of Representatives 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''.
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)).
<all>
Introduced in House
Introduced in House
Referred to the Committee on Oversight and Government Reform, and in addition to the Committees on the Judiciary, 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.
Referred to the Committee on Oversight and Government Reform, and in addition to the Committees on the Judiciary, 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.
Referred to the Committee on Oversight and Government Reform, and in addition to the Committees on the Judiciary, 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.
Referred to the Committee on Oversight and Government Reform, and in addition to the Committees on the Judiciary, 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.
Referred to the Subcommittee on Oversight and Management Efficiency.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line