Sec. 7. Reforms of the Privacy and Civil Liberties Oversight Board
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/bill/115/s/1997/is/section-7A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 42 U.S.C. 2000ee ) is amended— in subsection (c), by inserting and to conduct foreign intelligence activities after terrorism each place such term appears; and in subsection (d), and to conduct foreign intelligence activities after terrorism each place such term appears. Section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 42 U.S.C. 2000ee ), as amended by subsection (a), is further amended— in subsection (d), by adding at the end the following:
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. The confidentiality provisions under section 2409(b)(3) of title 10, United States Code, shall apply to a submission under this subparagraph. Any disclosure under this subparagraph shall be protected against discrimination under the procedures, burdens of proof, and remedies set forth in section 2409 of such title.
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. 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. Nothing in this paragraph shall prevent— any individual from submitting a complaint or information to any authorized recipient of the complaint or information; or the recipient of a complaint or information from taking independent action on the complaint or information. ; and by adding at the end the following: In this section, the terms congressional intelligence committees and intelligence community have the meanings given such terms in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). . Section 2302(b)(8)(B) of title 5, United States Code, is amended, in the matter preceding clause (i), by striking or to the Inspector of an agency or another employee designated by the head of the agency to receive such disclosures and inserting the Inspector General of an agency, a supervisor in the employee’s direct chain of command (up to and including the head of the employing agency), the Privacy and Civil Liberties Oversight Board, or an employee designated by any of the aforementioned individuals for the purpose of receiving such disclosures . Section 1061(g) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 42 U.S.C. 2000ee(g) ) is amended— in paragraph (1)(D), by striking submit a written request to the Attorney General of the United States that the Attorney General ; by striking paragraph (2); and by redesignating paragraphs
(3)and
(4)as paragraphs
(2)and (3), respectively. Section 1061(j) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 42 U.S.C. 2000ee(j) ) is amended— by redesignating paragraphs
(2)and
(3)as paragraphs
(3)and (4), respectively; and by inserting after paragraph
(1)the following: 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). . Section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 42 U.S.C. 2000ee ), as amended by subsections
(a)and (b), is further amended— in subsection (h)— in paragraph (1), by inserting full-time after 4 additional ; and in paragraph (4)(B), by striking , except that and all that follows through the end and inserting a period; in subsection (i)(1)— 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 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 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 . The amendments made by paragraph (1)— shall take effect on the date of the enactment of this Act; and except as provided in paragraph (2), shall 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. The amendments made by subparagraphs (B)(i) and
(C)of paragraph
(1)shall take effect on the first day of the first pay period beginning after the date of the enactment of this Act. 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) ), (referred to in this clause as a current member ) may make an election to— 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 section; or 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 the 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. A current member making an election under subclause (I)(aa) 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 such election. The Attorney General shall 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— copies of each detailed report submitted to a committee of Congress under such Act; and 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) ).
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Sec. 7
Reforms of the Privacy and Civil Liberties Oversight Board
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