9/11 Commission Recommendations: A Civil Liberties Oversight Board Page: 2 of 5
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CRS-2
for Terrorism Involving Weapons of Mass Destruction, chaired by former Virginia
Governor James S. Gilmore III.3
Background
Traditionally, in the American governmental experience, the preservation of civil
liberties - those rights and privileges specified in, or thought to be implied by, the
Constitution - has been pursued in, and determined by, largely the federal courts.
Prototypes of the civil liberties oversight board recommended by the 9/11 Commission
might be found in the civil rights policy area. During World War II, for example, the
Committee on Fair Employment Practice was created as a subunit of the Office for
Emergency Management within the Executive Office of the President. Established by
E.O. 9346 of May 27, 1943, the panel investigated complaints of alleged discrimination
involving race, creed, color, or national origin, in federal agencies, industries performing
federal contracts or otherwise essential to the war effort, and unions of employees in such
industries.4 The committee's jurisdiction did not, however, extend to the armed forces.
It also had some fact-finding and policy responsibilities. It was composed of six members
representing labor and management. Weakened by a 1943 determination of the
Comptroller General that antidiscrimination orders in government contracts could be
ignored, the committee came under strong criticism from some quarters of Congress as
the war came to a close. It was eventually terminated by the National War Agency
Appropriation Act of 1946.'
Another prototype might be the eight-member United States Commission on Civil
Rights, an independent agency within the executive branch that makes findings of fact,
but has no enforcement authority. The commission's findings and recommendations are
submitted to the President and Congress for consideration and appropriate action. The
panel collects and studies information on discrimination or denials of equal protection of
the laws because of race, color, religion, sex, age, disability, or national origin; or in the
administration of justice in such areas as voting rights, enforcement of federal civil rights
laws, and equal opportunity in education, employment, and housing.6
A third prototype might be found in the Defense Privacy Board, established on April
8, 1975, by the Secretary of Defense to coordinate and direct all Department of Defense
(DOD) privacy activities. The board was originally assigned the responsibilities to
oversee and direct DOD's initial implementation of the newly enacted Privacy Act of
1974.7 It did not, however, actually carry out any operational requirements of the PrivacyAct, but, instead, set policy, reviewed regulations, provided assistance, and oversaw
' U.S. Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving
Weapons of Mass Destruction, V. Forging America's New Normalcy: Securing Our Homeland,
Preserving Our Liberty (Arlington, VA: Rand Corporation, 2003), pp. 22-23
4 3 C.F.R., 1943-1948 Comp., pp 1280-1281.
5 59 Stat. 473.
6 See 42 U.S.C. 1975-1975a; for a recent evaluation of the Commission, see U.S. General
Accounting Office, U.S. Commission on Civil Rights: More Operational and Financial Oversight
Needed, GAO Report GAO-04-18 (Washington: October 2003).7 5 U.S.C. 552a.
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Relyea, Harold C. 9/11 Commission Recommendations: A Civil Liberties Oversight Board, report, August 9, 2004; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metacrs5755/m1/2/: accessed May 22, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.