Privacy and Civil Liberties Oversight Board
Encyclopedia
The Privacy and Civil Liberties Oversight Board is an advisory body to assist the President of the United States
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....

 and other senior executive branch officials in ensuring that concerns with respect to privacy
Privacy
Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively...

 and civil liberties
Civil liberties
Civil liberties are rights and freedoms that provide an individual specific rights such as the freedom from slavery and forced labour, freedom from torture and death, the right to liberty and security, right to a fair trial, the right to defend one's self, the right to own and bear arms, the right...

 are appropriately considered in the implementation of all laws, regulations, and executive branch policies related to war against terrorism.

About the Board

Recommended by the July 22, 2004, report of the National Commission on Terrorist Attacks Upon the United States
9/11 Commission
The National Commission on Terrorist Attacks Upon the United States, also known as the 9/11 Commission, was set up on November 27, 2002, "to prepare a full and complete account of the circumstances surrounding the September 11, 2001 attacks", including preparedness for and the immediate response to...

, the Privacy and Civil Liberties Oversight Board was established by the Intelligence Reform and Terrorism Prevention Act of 2004. It consists of five members appointed by and serving at the pleasure of the President. The Chairman and Vice Chairman are confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...

. Board members are selected from among trustworthy and distinguished citizens outside the Federal Government who are qualified on the basis of achievement, experience, and independence. The Board is part of the White House Office
White House Office
The White House Office is an entity within the Executive Office of the President of the United States. The White House Office is headed by the White House Chief of Staff, which was temporarily Pete Rouse, replaced on January 6, 2010 with the permanent appointment of William M. Daley, who is also...

 within the Executive Office of the President and supported by an Executive Director and staff.

The original Board members included Carol E. Dinkins, of Texas, Chairwoman; Alan Charles Raul, of the District of Columbia, Vice Chairman; Theodore B. Olson, of Virginia; and Francis X. Taylor
Francis X. Taylor
Francis Xavier Taylor was the United States Coordinator for Counterterrorism from 2001 to 2002 and Assistant Secretary of State for Diplomatic Security from 2002 to 2005.-Biography:...

, of Maryland. The Chairwoman and Vice Chairman were confirmed by the Senate on February 17, 2006. All Board members were sworn in and had their first meeting on March 14, 2006.

Role and operations

The Board advises the President and other senior executive branch officials to ensure that concerns with respect to privacy and civil liberties are appropriately considered in the implementation of all laws, regulations, and executive branch policies related to efforts to protect the Nation against terrorism. This includes advising on whether adequate guidelines, supervision, and oversight exist to protect these important legal rights of all Americans. In addition, the Board is specifically charged with responsibility for reviewing the terrorism information sharing practices of executive branch departments and agencies to determine whether guidelines designed to appropriately protect privacy and civil liberties are being followed, including those issued by the President on December 16, 2005. In the course of performing these functions within the executive branch, the Board seeks the views of private sector, non-profit and academic institutions, Members of Congress, and all other interested parties and individuals on these issues.

Free of day-to-day management or operational responsibilities in this area, the Board is able to review and analyze information and policies and render advice that reflects an objective view as to whether privacy rights and civil liberties are being appropriately considered in efforts to protect the Nation against terrorism. It provides its advice and makes its recommendations to the President and executive branch department and agency heads, as appropriate, and has access to all relevant information necessary to fulfill its vital advisory role. Additionally, the Board makes an annual report to Congress.

Legislative History

("Implementing Recommendations of the 9/11 Commission Act of 2007
Implementing Recommendations of the 9/11 Commission Act of 2007
The Implementing Recommendations of the 9/11 Commission Act of 2007 , is an Act of Congress. The Act implements some of the recommendations of the 9/11 Commission including mandating 100% inspection of all air and sea cargo entering the United States, and a new method of redistributing...

") was passed by the U.S. House of Representatives on January 9, 2007, implementing the recommendations of the September 11 Commission. The Senate companion bill, ("Improving America's Security Act of 2007"), passed on March 13, 2007. The bills were reconciled in conference and signed into law by President Bush on August 3, 2007 .

The statute included a transition period of not more than six months, set to expire on January 30, 2008, at which point the former White House Board would cease to exist and a new independent agency within the Executive Branch was supposed to take its place. The new Board is to consist of five members appointed by the President and confirmed by the Senate to staggered six-year terms. The new Board will be able to issue and enforce subpoenas through the Department of Justice.

Oversight panel

On January 30, 2008, the transition period outlined in ended, along with the terms of all remaining panel members. The Board had already been under scrutiny following the resignation of one of its members, Lanny Davis, on May 14, 2007 amid accusations of White House censorship. In August 2008, President Bush was still in the process of filling slots on the panel for the Senate to confirm.

External links

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