SENATORS CALL ON WHITE HOUSE TO ESTABLISH PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD AS CALLED FOR IN INTELLIGENCE REFORM ACT

WASHINGTON – A bipartisan group of U.S. Senators today asked the White House for a timeline for establishing the Privacy and Civil Liberties Oversight Board in the Executive Office of the President and expressed concern that the Chairman and Vice Chairman have not yet been nominated.

In a letter to Chief of Staff Andrew Card, Assistant Democratic Leader Senator Dick Durbin (D-IL), Homeland Security Committee Chair Susan Collins (R-ME), Homeland Security Committee Ranking Member Joseph Lieberman (D-CT), and Judiciary Committee Ranking Member Patrick J. Leahy (D-VT) called on the White House to provide them with a “timeline and milestones for establishing the Board, including appointing Board members, hiring an Executive Director and other staff, and securing office space.”

The Privacy and Civil Liberties Board was statutorily required by the Intelligence Reform and Terrorist Prevention Act of 2004, signed by President Bush in December. The Board would “ensure that privacy and civil liberties concerns are appropriately considered in the Executive Branch’s implementation of all laws, regulations, policies, and procedures related to efforts to protect the Nation against terrorism,” the Senators wrote.

The Senators concluded, “As the 9/11 Commission made clear, a strong and independent Privacy and Civil Liberties Oversight Board is a critical component of the enhanced system of checks and balances needed to protect the precious liberties that are vital to our way of life. Accordingly, we urge the White House to take the steps necessary to allow the Board to begin functioning effectively as soon as possible.”

The full text of the letter is below:

Andrew H. Card, Jr.
Chief of Staff
The White House
1600 Pennsylvania Avenue, NW
Washington, DC 20500

Dear Mr. Card:

On December 17, 2004, the President signed into law the Intelligence Reform and Terrorism Prevention Act of 2004 (P.L. 108-458). This historic legislation reorganized the intelligence community for the first time in more than 50 years.

In response to the 9/11 Commission’s recommendation, Section 1061 of this Act established a Privacy and Civil Liberties Oversight Board in the Executive Office of the President. The Board is to ensure that privacy and civil liberties concerns are appropriately considered in the Executive Branch’s implementation of all laws, regulations, policies, and procedures related to efforts to protect the Nation against terrorism. Further, the Board is empowered to advise Executive Branch agencies in their development of all such regulations, policies, and procedures.

We would appreciate if you would provide us with an update on the implementation of Section 1061. In particular, please inform us of the timeline and milestones for establishing the Board, including appointing Board members, hiring an Executive Director and other staff, and securing office space. We are concerned that, as of the date of this letter, the Chairman and the Vice Chairman of the Board have not been nominated. We urge that this be done as quickly as possible so the Board’s important work can begin.

In addition, the Board’s proposed budget for Fiscal Year 2006 is only $750,000. We are concerned that this is an inadequate level of funding for the Board to carry out its broad statutory mandate. By way of comparison, the proposed budgets for other offices within the Executive Office of the President are $4 million for the Council of Economic Advisors, $24 million for the Office of Drug Control Policy, $6 million for the Office of Science and Technology Policy, and $39 million for the Office of the United States Trade Representative. In addition, the Department of Homeland Security’s Officer for Civil Rights and Civil Liberties, who is charged with addressing civil liberties issues facing one department, not the entire Executive Branch, has a proposed budget of $13 million.

Please provide us with details of the proposed budget for the Board and describe how the Board will set up a new office, hire the requisite staff, carry out its statutory mandates, and otherwise function effectively with this level of funding. Please inform us how many Full-Time Equivalents will be dedicated to the Board and its staff.

As the 9/11 Commission made clear, a strong and independent Privacy and Civil Liberties Oversight Board is a critical component of the enhanced system of checks and balances needed to protect the precious liberties that are vital to our way of life. Accordingly, we urge the White House to take the steps necessary to allow the Board to begin functioning effectively as soon as possible.

Thank you for your time and consideration.

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