S.Amdt. 1884

SA 1884. Mr. WYDEN (for himself and Mr. Paul) submitted an amendment
intended to be proposed by him to the House amendment to the bill S.
139, to implement the use of Rapid DNA instruments to inform decisions
about pretrial release or detention and their conditions, to solve and
prevent violent crimes and other crimes, to exonerate the innocent, to
prevent DNA analysis backlogs, and for other purposes; which was
ordered to lie on the table; as follows:

Beginning on page 32, strike line 16 and all that follows
through page 33, line 21, and insert the following:

SEC. 7. REFORMS OF THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT
BOARD.

(a) 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--
(1) in subsection (c), by inserting ``and to conduct
foreign intelligence activities'' after ``terrorism'' each
place such term appears; and
(2) in subsection (d), ``and to conduct foreign
intelligence activities'' after ``terrorism'' each place such
term appears.

[[Page S198]]

(b) Submission of Whistleblower Complaints to the Privacy
and Civil Liberties Oversight Board.--
(1) In general.--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--
(A) in subsection (d), by adding at the end the following:
``(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. 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.
``(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
(B) by adding at the end the following:
``(n) Definitions.--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).''.
(2) Prohibited personnel practices.--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''.
(c) 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.
(d) 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:
``(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).''.
(e) Tenure and Compensation of Privacy and Civil Liberties
Oversight Board Members and Staff.--
(1) In general.--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--
(A) in subsection (h)--
(i) in paragraph (1), by inserting ``full-time'' after ``4
additional''; and
(ii) in paragraph (4)(B), by striking ``, except that'' and
all that follows through the end and inserting a period;
(B) in subsection (i)(1)--
(i) 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
(ii) 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
(C) 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''.
(2) Effective date; applicability.--
(A) In general.--The amendments made by paragraph (1)--
(i) shall take effect on the date of the enactment of this
Act; and
(ii) 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.
(B) Exceptions.--
(i) Compensation changes.--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.
(ii) 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)), (referred to in this clause as a
``current member'') may make an election to--

(aa) 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
(bb) 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.

(II) Election to serve full time.--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.

(f) Meetings.--Subsection (f) of such section is amended--
(1) by striking ``The Board shall'' and inserting ``The
Board'';
(2) in paragraph (1) by striking ``make its'' and inserting
``shall make its''; and
(3) in paragraph (2)--
(A) by striking ``hold public'' and inserting ``shall hold
public''; and
(B) by inserting before the period at the end the
following: ``, but may, notwithstanding section 552b of title
5, United States Code, meet or otherwise communicate in any
number to confer or deliberate in a manner that is closed to
the public''.
(g) 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 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--
(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)).
______