9/11 Commission Recommendations: A Civil Liberties Oversight Board Page: 3 of 5
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CRS-3
implementation by DOD components. Currently, the board has responsibility for
oversight of the DOD privacy program, and ensures that the policies, practices, and
procedures of that program are premised on the requirements of the Privacy Act and other
pertinent authority. It also serves as the primary DOD policy forum for matters involving
the DOD privacy program, meeting as necessary to address issues of common concern so
as to ensure that uniform and consistent policy is adopted and followed by DOD
components. Chaired by the Director of Administration and Management, Office of the
Secretary of Defense, the board counts six other DOD official as members, along with
representatives so designated by the secretaries of the military departments.8
Finally, a model identified by the 9/11 Commission in its report is the Intelligence
Oversight Board (JOB) of the President's Foreign Intelligence Advisory Board (PFIAB),
which, it was noted, "in the past, had the job of overseeing certain activities of the
intelligence community."9 Established by E.O. 12334 of December 4, 1981, the three-
member IOB was responsible for informing the President of any intelligence activities that
any board member believed to be in violation of the Constitution, statutory law, or
presidential orders or directives; and forwarding to the Attorney General reports received
concerning intelligence activities that the board believed might be unlawful. The board
was authorized to conduct such investigations as it deemed necessary to carry out its
functions.'0 In 1993, with the reestablishment of PFIAB by E.O. 12863, the IOB was
reconstituted as a committee of the board."
Charter
When recommending the creation of a civil liberties oversight board, the 9/11
Commission offered no details on how this chartering would occur, or on the composition
or structure of the panel. Options for establishing the board include a statute legislated
by Congress, an executive order issued by the President, or an administrative directive by
an appropriate executive branch official other than the President. The chartering
instrument would specify the composition of the board, the manner in which its members
are selected and approved, and the basic administrative structure and procedures of the
board, as well as personnel and budget arrangements.
To provide the board with operational independence within the executive branch,
provision might be made in its charter that its membership is to be balanced in terms of
political interests, to be drawn from certain professions, and to serve staggered terms of
set duration. The budget request of the board might be submitted concurrently to theOffice of Management and Budget for inclusion in the President's budget and to Congress
for its information. The board might be obligated to provide the President and Congress
with an annual report on its operations, and its leadership otherwise required - by
8 U.S. Department of Defense, "DOD Privacy Program," Directive 5400.11 (Dec. 13, 1999),
available at [http://www.fas.org/irp/doddir/dod/d5400_11.htm].
9 U.S. National Commission on Terrorist Attacks Upon the United States, The 9/11 Commission
Report, p. 395.
10 3 C.F.R., 1981 Comp., pp. 216-217." 3 C.F.R., 1993 Comp., pp. 632-634.
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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/m1/3/: accessed May 22, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.