9/11 Commission Recommendations: A Civil Liberties Oversight Board Page: 4 of 6
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CRS-4
On August 27, 2004, President George W. Bush issued E.O. 13353 establishing the
President's Board on Safeguarding Americans' Civil Liberties within the Department of
Justice.12 Chaired by the Deputy Attorney General and composed of 19 other senior
counsels and leaders largely from within the intelligence and homeland security
communities, the board may advise the President regarding civil liberties policy, gather
information and make assessments regarding such policy and its implementation, make
recommendations to the President, refer information about possible violations of such
policy by a federal official or employee for prompt action, enhance cooperation and
coordination among federal departments and agencies in implementing such policy, and
undertake other efforts to protect civil liberties as the President may direct.
Legislative Implementation
Among the initial bills offered to implement the recommendations of the 9/11
Commission was one introduced on September 7, 2004, by Senator John McCain (S.
2774).13 Title IX would have established a five-member Privacy and Civil Liberties
Oversight Board within the Executive Office of the President. While board members
were to be appointed by the President with Senate confirmation, and would not
concurrently hold any other federal government position, their term of office was not
specified, suggesting that they served at the pleasure of the President. Among the
functions specified for the board to perform were the provision of advice and counsel to
the President and the executive departments and agencies on policy development and
implementation related to protection of the nation from terrorism; provision of advice and
counsel to the President and the executive departments and agencies to ensure that privacy
and civil liberties were appropriately considered in the development and implementation
of terrorism policy; continual review of such policy and its implementation, including
information sharing practices, to ensure that privacy and civil liberties were protected;
receipt and review of reports from privacy and civil liberties officers prescribed elsewhere
in the legislation; and periodic submission, not less than semiannually, of reports to
Congress and the President. Read the first time, the bill was placed on the Senate
legislative calendar. A companion bill was introduced in the House on September 9 by
Representative Christopher Shays (H.R. 5040) for himself and 32 cosponsors, and was
referred to 10 committees. No further action was taken on either proposal.
A somewhat similar bill to implement the recommendations of the 9/11 Commission
was offered by Representative Nancy Pelosi (H.R. 5024) on September 8. Title V
directed the President to determine guidelines for acquiring, accessing, using, and sharing
information about individuals among federal, state, and local governments, as well as the
private sector. It also would have established "within the executive branch a board to
oversee adherence to" the President's afore mandated guidelines and "the commitment
the Government makes to defend civil liberties." No additional details regarding the
board were specified. The bill was referred to 11 House committees, but no further action
was taken on it.
12 Federal Register, vol. 69, Sept. 1, 2004, p. 53585-53587.
13 See Congressional Record, daily edition, vol. 150, Sept. 8, 2004, pp. S8869-S8915.
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Relyea, Harold C. 9/11 Commission Recommendations: A Civil Liberties Oversight Board, report, December 22, 2004; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc809099/m1/4/: accessed May 16, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.