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Wednesday, March 16, 2005
Udall Bill Would Alter Civil Liberties Board
Journal Staff Report
WASHINGTON— Rep. Tom Udall, D-N.M., has co-authored a bill that would make independent a board that currently oversees the federal government's use of anti-terrorism powers, to make sure the government does not annihilate the very freedoms America is fighting to protect.
Udall and Rep. Carolyn Maloney, D-N.Y., on Tuesday introduced The Protection of Civil Liberties Act. The measure would change the Privacy and Civil Liberties Oversight Board created by Congress last year.
Among the recommendations made by the National Commission on Terrorist Attacks Upon the United States (the 9/11 Commission) was the creation of such a board within the executive branch to oversee federal government adherence to guidelines on civil liberties and defend those liberties.
Udall called such a board "crucial."
"Unfortunately, the board created by Congress last year was significantly watered down during conference negotiations and does not currently have the authority or independence to do its job," he said. "This bill would change that."
Specifically, the bill would:
Give the board subpoena power. Currently the board needs the permission of the Attorney General to issue a subpoena.
Create the board as an independent agency in the executive branch. Currently, it is in the Executive Office of the President.
Require that all five members of the board be confirmed by the Senate. Currently only the chair and the vice-chair will be confirmed.
Require that no more than three board members can be from the same political party. Currently there is no provision that ensures a bipartisan board.
Limit terms for board members to 6 years. Currently members will serve at the pleasure of the president.
Create the chairman as a full-time member of the board. This increases the likelihood that the board will meet regularly.
Restore the qualifications of board members originally included in the Senate bill. This would require that members have prior experience with protecting civil liberties, among other things. Currently there are no such requirements.
Restore reporting requirements to Congress. One of the main recommendations of the 9/11 Commission was the need for more congressional oversight. Restoring the reporting requirement language, which requires semiannual reports, helps achieve this goal.
Require each executive department or agency with law enforcement or antiterrorism functions to designate a privacy and civil liberties officer. Currently there is no such requirement.