Digging deeper:
"Asked why it was taking so long to set the board up, Rep. Christopher Shays (R-Conn.) said, "It's not a priority for the administration."
http://www.washingtonpost.com/wp-dyn/content/article/2005/08/07/AR2005080700903.html
Press Release
For Immediate Release
June 30, 2005
Contact: Afshin Mohamadi (Maloney)
202-225-7944
Sarah Moore (Shays)
202-225-5541
Glen Loveland (Udall)
202-225-1213
Civil Liberties Board Gets a Real Budget to Begin With
Only $750K was allocated, but Reps. Maloney, Shays and Udall successfully attached amendment to double the budget
WASHINGTON, DC - After a deal struck on the House floor last night, the initial budget of the Privacy and Civil Liberties Oversight Board created in last yearÂ’s landmark 9/11 Commission bill will be doubled to $1.5 million. The board would have had a $750,000 budget under the original FY06 Transportation, Treasury and Housing Appropriations bill, which is now on the House floor. Recognizing that such a level of funding is insufficient for a board tasked with monitoring civil liberties at multiple federal departments, Reps. Carolyn Maloney (D-NY), Christopher Shays (R-CT) - Chairs of the 9/11 Commission Caucus - and Tom Udall (D-NM) offered the amendment to expand the boardÂ’s beginning budget.
“If we are serious about upholding privacy and civil liberties, then we should give the new board resources to do its work,” said Maloney. “In order for this board to do real work, it needs a real budget. I thank Chairmen Lewis and Knollenberg and Ranking Members Obey and Olver for their understanding. This increase is a much better starting point for the board.”
“The 9/11 Commission stated, ‘…if our liberties are curtailed, we lose the values that we are struggling to defend.’ It is vital we find a balance between protecting our homeland and protecting our civil liberties,” Shays said. “Providing a workable budget for the Privacy and Civil Liberties Oversight Board is essential to striking that balance, and I’m grateful we were able to negotiate acceptance of this amendment.”
“We wanted a budget increase because the original level of funding was simply not enough for a board charged with monitoring privacy and civil liberties, implications of federal regulations, executive branch policies and procedures, and public law,” Udall said. “We are pleased that we have managed to double the budget, and we will together to see that the board is given the resources it needs.”
A government-wide Privacy and Civil Liberties Oversight Board was created by the Intelligence Reform and Terrorism Prevention Act (Public Law 108-458). The additional funding will allow the board to begin to develop the infrastructure it needs to do its job and sends a message that Congress fully intends to support this important board.
On June 10 of this year, President Bush made his appointments to the board - the confirmation of the Chair and Vice Chair is still pending.
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http://www.house.gov/maloney/press/109th/20050630CivilLibsBoard.htm
Giving Teeth to the Civil Liberties Board Recommended By the 9/11
March 15, 2005
Giving Teeth to the Civil Liberties Board Recommended By the 9/11 Commission; Bipartisan Legislation Introduced President budgeted no money for the board, has made no appointments to it
The Civil Liberties Board that oversees all federal intelligence and security agencies has been made powerless, according to a 9/11 Commission member, the ACLU and Members of Congress. They stood together on Capitol Hill today as Reps. Carolyn Maloney (D-NY), Tom Udall (D-NM) and Christopher Shays (R-CT) introduced bipartisan legislation to strengthen the board, which was envisioned by the 9/11 Commission and created in last year's landmark intelligence reform bill.
9/11 Commissioner Richard Ben-Veniste, Voices of September 11 th Founder Mary Fetchet and Timothy Edgar of the ACLU joined Maloney and Udall at today's press conference. The bill's sponsors stressed the need for increased civil liberties protections during the War on Terrorism.
"We need to give the Civil Liberties Board teeth if civil liberties are to be upheld," said Maloney , Chair of the House Democratic Task Force on Homeland Security. "The president doesn't seem committed to a strong guardian of civil liberties. However, America ceases to be the 'land of the free' if civil liberties are infringed upon, and the 9/11 Commission recognized that. We must uphold those ideals while fighting the war on terrorism."
"This bill is important to both our security and our civil liberties," said Shays . "As a key recommendation of the 9/11 Commission, the Civil Liberties Review Board is critical to ensuring we keep our country safe without sacrificing the principles upon which our government was established."
"The 9/11 Commission concluded that the choice between liberty and security is a false choice," said Ben-Veniste . "The shift of greater power and authority to government must be accompanied by an enhanced system of check and balances to protect the precious personal liberties that define our way of life."
"The 9/11 Commission has recommended sweeping government reforms," said Fetchet . "It is crucial that an independent, bipartisan civil liberties board is established with the necessary oversight to ensure that our rights as Americans are not infringed upon."
Among other measures, the Protection of Civil Liberties Act would:
* make the Civil Liberties Board independent by moving out of the Executive Office of the President;
* give the Board subpoena power; and
* ensure that the Board reports to Congress.
COSPONSORS OF LEGISLATION (24): Reps. Carolyn Maloney (NY-14), Tom Udall (NM-3), Christopher Shays (CT-4), Julia Carson (IN-7), Sanders (VT), Ed Case (HI-2), Bob Filner (CA-51), Elijah Cummings (MD-7), Mike Honda (CA-15), Tammy Baldwin (WI-2), Betty McCollum (MN-4), George Miller (CA-7), Frank Pallone (NJ-6), Brian Baird (WA-3), Major Owens (NY-11), Lynn Woolsey (CA-6), Charles Gonzales (TX-20), Susan Davis (CA-53), Steve Israel (NY-2), Diane Watson (CA-33), Barbara Lee (CA-9), Robert Wexler (FL-19), Bobby Scott (VA-03), Chris Van Hollen (MD-8).
Section-by-section description of legislation:
Sec. 1 - Short Title
Sec. 2 - Findings
Sec. 3 - Making the Board independent
Establishes the Board as an independent agency within the Executive Branch rather than within the Executive Office of the President.
Sec. 4 - Board membership
Section 1061 Subsection(e)(1) Requires that all Board members be confirmed by the Senate, structures the Board as consisting of one Chairman and four additional members, and makes the Chairman full-time.
Subsection(e)(2) Requires that Board members have expertise in civil liberties and privacy issues, requires that no more than three members of the Board be of the same political party, and requires that the President consult with the congressional leadership before he or she appoints a Board member of the opposing party.
Subsection(e)(3) Disallows elected officials, officers, or employees of the Federal government from serving as Board members.
Subsection(e)(4) Requires that Board members serve staggered six-year terms, except in certain cases. A Board member appointed after the start of a term will finish the remainder of that term, and a Board member can continue to serve up to sixty days after six years if the member's successor has not yet been approved.
Subsection(e)(5) Stipulates that the Board meet upon the chairman's call, or the call of three Board members.
Sec. 5 - Subpoena Power
Gives the Board subpoena power, and requires that failure to obey a subpoena be met with a district court order.
Sec. 6 (Part 1) - Reporting Requirements
Section 1061 Subsection(c)(4)(A) Requires that Board members submit semiannual reports, in unclassified form to the greatest extent possible, to congressional committees, and stipulates that reports include major Board activities, advice and oversight functions, minority views, and proposal that despite Board opposition, were implemented.
Subsection(c)(4)(B) Requires that the Board make its reports available to the public and hold public hearings to the greatest extent possible consistent with protection of classified information.
Sec. 6 (Part 2) - Privacy and Civil Liberties Officers
Section 1062 Subsection(a) Requires that the Board designate a senior official in each of fifteen intelligence agencies as a privacy and civil liberties officer.
Subsection(a)(1-3) Requires that the Officer assist the Department in considering privacy and civil liberties concerns in its policies, ensure Department adequately considers privacy and civil liberties in its operations, and ensure that complaints about privacy and civil liberties abuses are met with action.
Subsection(a)(4) Requires that the Officer consider, in giving advice to the Department, the need for the power being proposed, whether the need for the power is adequately balanced with the need to protect civil liberties, and whether adequate supervision of the power and oversight guidelines exist.
Subsection(b) Clarifies that Departments that already have Privacy Officers should adhere to the above requirements.
Subsection(c) Requires that the Officer reports to the head of the Department and coordinate activities with the Department Inspector General.
Subsection(d) Requires that the head of the Departments give the Officer full access to information and personnel.
Subsection(e) Stipulates that disciplinary action must not be taken against an employee who brings a complaint to the Board unless the employee knowingly submitted false information.
Subsection(f) Requires Officer to submit quarterly report to congressional committee, the Board, and head of the Department, and requires that reports include information about reviews taken by the Officer, advice provided, complaints received, and their results.
Subsection(g) Requires that Officers make congressional reports available to the public.
Subsection(h) Stipulates that this law will not limit responsibilities of officer previously provided by law.
Subsection(i) Ensures compliance with protections for human research subjects.
http://www.voicesofsept11.org/911ic/031505.htm
