Sec. 12. Privacy and Civil Liberties Oversight Board enhancements relating to the Foreign Intelligence Surveillance Act of 1978

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In this section: The term appropriate official means the appropriate official of an agency or department of the United States who is responsible for preparing or submitting a covered application. The term Board means the Privacy and Civil Liberties Oversight Board established in section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 42 U.S.C. 2000ee ). The term covered application means a submission to a FISA Court— that— presents a novel or significant interpretation of the law; and relates to efforts to protect the United States from terrorism; and that is— a final application for an order under title I, III, IV, or V of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ) or section 703 or 704 of that Act (50 U.S.C. 1881b and 1881c); a review of a certification or procedure under section 702 of that Act ( 50 U.S.C. 1881a ); or a notice of non-compliance with such an order, certification, or procedures.

The term FISA Court means a court established under subsection

(a)or

(b)of section 103 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1803 ). Notwithstanding any provision of section 103 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1803 ), if a covered application is filed with a FISA Court, the appropriate official shall provide such covered application to the Board not later than the date of such filing, provided the provision of such covered application does not delay any filing with a FISA Court. Notwithstanding any provision of section 103 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1803 ), the appropriate official shall provide to the Board each order of a FISA Court related to a covered application. Upon receipt of a covered application under subsection (b)(1), the Board shall— elect whether to conduct the assessment described in paragraph (3); and submit to the appropriate official a notice of the Board's election under subparagraph (A). The Board shall in a timely manner prepare and submit to the appropriate official— the notice described in paragraph (1)(B); and the associated assessment, if the Board elects to conduct such an assessment. An assessment of a covered application prepared by the Board shall address whether the covered application is balanced with the need to protect privacy and civil liberties, including adequate supervision and guidelines to ensure protection of privacy and civil liberties. The Board shall conduct an annual review of the activities of the National Security Agency related to information collection under the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ). Section 1061(g) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 42 U.S.C. 2000ee(g) ) is amended by adding at the end the following: The Director of National Intelligence shall provide to each member of the Board who resides more than 100 miles from the District of Columbia such communications services and office space as may be necessary for the member to access and use classified information. Such services and office space shall be located at an existing secure government or contractor facility located within the vicinity of such member's place of residence. .

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Sec. 12

Privacy and Civil Liberties Oversight Board enhancements relating to the Foreign Intelligence Surveillance Act of 1978

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