[Congressional Record Volume 151, Number 32 (Wednesday, March 16, 2005)]
[Extensions of Remarks]
[Page E456]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           INTRODUCTION OF PROTECTION OF CIVIL LIBERTIES ACT

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                        HON. CAROLYN B. MALONEY

                              of new york

                    in the house of representatives

                        Tuesday, March 15, 2005

  Mrs. MALONEY. Mr. Speaker, last year, using the 9/11 Commission 
Report as a guide, we passed the National Intelligence Reform Act. In 
addition to reorganizing our nation's intelligence system, it created a 
Civil Liberties Board. Unfortunately, this newly created Civil 
Liberties Board is only a shell of what is needed in order to be 
effective. Therefore we are introducing ``The Protection of Civil 
Liberties Act'' to amend the current board. With the exception of 
making the Board an independent agency, this bill would reinstate the 
provisions that were taken out in conference. These commonsense 
provisions give the Board the authority it needs. Specifically the 
bill:
  1. Gives the Board subpoena power. Currently the board needs the 
permission of the Attorney General to issue a subpoena. Also, the Board 
lacks access to the private contractors who currently perform many 
critical intelligence functions.
  2. Creates the Board as an independent agency in the executive 
branch. Currently the board is in the Executive Office of the 
President.
  3. Requires that all 5 members of the Board be confirmed by the 
Senate. Currently only the Chair and the Vice Chair will be confirmed.
  4. Requires that no more than 3 members can be from the same 
political party. Currently there is no provision that ensures a 
bipartisan Board.
  5. Sets a term for Board members at 6 years. Currently members will 
serve at the pleasure of the President.
  6. Creates the chairman as a full-time member of the Board. This 
increases the likelihood that the Board will meet regularly.
  7. Restores the qualifications of Board members that were 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.
  8. Restores 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 
requiring semiannual reports helps achieve this goal.
  9. Requires each executive department or agency with law enforcement 
or antiterrorism functions should designate a privacy and civil 
liberties officer. Currently the law only expresses a sense of Congress 
that a privacy and civil liberties officer be established.
  This is important legislation and I urge all of my colleagues to 
support it.

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