9/11 Commission Recommendations: A Civil Liberties Oversight Board Page: 4 of 5
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CRS-4
specification in the charter or through the appointment approval process - to keep
Congress informed of board activities.
Mission
According to the report of the 9/11 Commission, the recommended civil liberties
oversight board would "oversee" department and agency adherence to (1) presidential
guidelines for information sharing, which "should safeguard the privacy of individuals
about whom information is shared"; and (2) guidelines confining the use of a government
power which "actually materially enhances security." The board would also monitor "the
commitment the government makes to defend our civil liberties."12 While Section 892
of the Homeland Security Act requires the President to prescribe homeland security
information sharing procedures, it is not clear if the commission's reference to
"presidential guidelines" for information sharing pertains to the procedures mandated by
this section.'3 Furthermore, the source of the guidelines confining the use of a
government power is not evident. Also, when such an oversight board is created, its
charter may include other specific or general oversight responsibilities in addition to those
provided by the 9/11 Commission.
How might the recommended civil liberties oversight board carry out its mission?
The following description of the activities of the United States Commission on Civil
Rights, with a staff of little over 70 personnel and a budget of about $9 million, may
provide a somewhat illustrative response to this question.
The Commission engages in studies concerning areas in which there may be
denials of civil rights and reports on these matters to the President and the Congress.
Hearings by the Commissioners are held to investigate and obtain information about
denials of civil rights. Conferences and open meetings are held by staff and State
Advisory Committees to gather data and issue reports providing information about
civil rights problems. In addition, the Commission appraises and reports on Federal
agencies' enforcement of civil rights laws. Complaints alleging discrimination are
referred to the proper Federal agencies.
The Commission provides liaison with private groups, public groups, and the
media to provide civil rights information to Government officials, organizations, and
the public. The Commission issues publications and public service announcements
to discourage discrimination and denial of equal protection of the laws. The
Commission also provides a library resource to support civil rights research, studies,hearings, and other Commission activities, and makes this information available to the
general public.'4
2U.S. National Commission on Terrorist Attacks Upon the United States, The 9/11 Commission
Report, pp. 394-395.
13 See 116 Stat. 2253.
'4 U.S. Office of Management and Budget, Budget of the United States Government, Fiscal Year
2005: Appendix (Washington: GPO, 2004), p. 1093.
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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/m1/4/: accessed May 22, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.