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Privacy and Civil Liberties Oversight Board: Difference between revisions

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== History ==
== History ==
=== 2004–2006: Creation within the Executive Office ===
=== 2004–2006: Creation within the Executive Office ===
Recommended by the [[9/11 Commission Report]] issued on July 22, 2004, the Privacy and Civil Liberties Oversight Board was initially established by the [[Intelligence Reform and Terrorism Prevention Act of 2004]].<ref>{{cite web|title=Title I – Reform of the Intelligence Community|url=http://www.gpoaccess.gov/serialset/creports/pdf/108-796/titlei_reform_intel.pdf|publisher=United States Government Printing Office|access-date=5 September 2012|archive-url=https://web.archive.org/web/20120205022752/http://www.gpoaccess.gov/serialset/creports/pdf/108-796/titlei_reform_intel.pdf|archive-date=5 February 2012|url-status=dead}}</ref> It consisted of five members appointed by the President, with the board being part of the Executive Office of the President and was supported by an Executive Director and staff. In February 2005, a majority of Minnesota congresspersons and senators had nominated [[Coleen Rowley]] to serve on the Board,<ref name=pbsnow>Max Lerner [https://www.pbs.org/now/politics/rowley.html Coleen Rowley] {{Webarchive|url=https://web.archive.org/web/20190920173938/http://www.pbs.org/now/politics/rowley.html |date=2019-09-20 }} Civil liberties in times of war. PBS Now,3 April 2005</ref> but President [[George W. Bush]] did not nominate her.
Recommended by the [[9/11 Commission Report]] issued on July 22, 2004, the Privacy and Civil Liberties Oversight Board was initially established by the [[Intelligence Reform and Terrorism Prevention Act of 2004]].<ref>{{cite web|title=Title I – Reform of the Intelligence Community|url=http://www.gpoaccess.gov/serialset/creports/pdf/108-796/titlei_reform_intel.pdf|publisher=United States Government Printing Office|access-date=5 September 2012|archive-url=https://web.archive.org/web/20120205022752/http://www.gpoaccess.gov/serialset/creports/pdf/108-796/titlei_reform_intel.pdf|archive-date=5 February 2012|url-status=dead}}</ref> It consisted of five members appointed by the President, with the board being part of the Executive Office of the President and was supported by an Executive Director and staff. In February 2005, a majority of Minnesota congresspersons and senators had nominated [[Coleen Rowley]] to serve on the Board,<ref name=pbsnow>Max Lerner [https://www.pbs.org/now/politics/rowley.html Coleen Rowley] {{Webarchive|url=https://web.archive.org/web/20190920173938/http://www.pbs.org/now/politics/rowley.html |date=2019-09-20 }} Civil liberties in times of war. PBS Now,3 April 2005</ref> but President George W. Bush did not nominate her.


The first Board members from 2006 were Carol E. Dinkins, of Texas, Chairwoman; Alan Charles Raul, of the District of Columbia, Vice Chairman; [[Theodore B. Olson]], of Virginia; [[Lanny Davis]], of Maryland, and [[Francis X. Taylor]], of Maryland. The Chairwoman and Vice Chairman were confirmed by the Senate on February 17, 2006. All Board members were sworn in and had their first meeting on March 14, 2006. On May 14, 2007, Lanny Davis resigned, charging that the White House had sought to control the content of a Board report.<ref name="Hatch2011">{{citation |title=Privacy and Civil Liberties Oversight Board: New Independent Agency Status |author=Garrett Hatch |date=November 14, 2011 |publisher=[[Congressional Research Service]] |url=http://www.fas.org/sgp/crs/misc/RL34385.pdf |access-date=April 13, 2012 |archive-date=May 5, 2012 |archive-url=https://web.archive.org/web/20120505115423/http://www.fas.org/sgp/crs/misc/RL34385.pdf |url-status=live }}</ref>
The first Board members from 2006 were Carol E. Dinkins, of Texas, Chairwoman; Alan Charles Raul, of the District of Columbia, Vice Chairman; [[Theodore B. Olson]], of Virginia; [[Lanny Davis]], of Maryland, and [[Francis X. Taylor]], of Maryland. The Chairwoman and Vice Chairman were confirmed by the Senate on February 17, 2006. All Board members were sworn in and had their first meeting on March 14, 2006. On May 14, 2007, Lanny Davis resigned, charging that the White House had sought to control the content of a Board report.<ref name="Hatch2011">{{citation |title=Privacy and Civil Liberties Oversight Board: New Independent Agency Status |author=Garrett Hatch |date=November 14, 2011 |publisher=[[Congressional Research Service]] |url=http://www.fas.org/sgp/crs/misc/RL34385.pdf |access-date=April 13, 2012 |archive-date=May 5, 2012 |archive-url=https://web.archive.org/web/20120505115423/http://www.fas.org/sgp/crs/misc/RL34385.pdf |url-status=live }}</ref>
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In January 2007, H.R. 1 ("Implementing Recommendations of the 9/11 Commission Act of 2007"), aimed to reconstitute the board as an [[independent agency]], composed of 5 Senate confirmed members serving staggered six-year terms and passed the U.S. House of Representatives. The Senate companion bill, ("Improving America's Security Act of 2007", S. 4), passed on March 13, 2007. The House language prevailed upon reconciliation and on August 3, 2007 President Bush signed the [[Implementing Recommendations of the 9/11 Commission Act of 2007]], into law.<ref>{{citation |title=Public Law 110–53—Aug. 3, 2007. Implementing Recommendations of the 9/11 Commission Act of 2007 |publisher=intelligence.senate.gov |url=http://intelligence.senate.gov/laws/pl11053.pdf |access-date=2012-04-13 |archive-url=https://web.archive.org/web/20120915080041/http://intelligence.senate.gov/laws/pl11053.pdf |archive-date=2012-09-15 |url-status=dead }}</ref> In January 2008, the changes took effect, at which time the original Board ceased to exist.
In January 2007, H.R. 1 ("Implementing Recommendations of the 9/11 Commission Act of 2007"), aimed to reconstitute the board as an [[independent agency]], composed of 5 Senate confirmed members serving staggered six-year terms and passed the U.S. House of Representatives. The Senate companion bill, ("Improving America's Security Act of 2007", S. 4), passed on March 13, 2007. The House language prevailed upon reconciliation and on August 3, 2007 President Bush signed the [[Implementing Recommendations of the 9/11 Commission Act of 2007]], into law.<ref>{{citation |title=Public Law 110–53—Aug. 3, 2007. Implementing Recommendations of the 9/11 Commission Act of 2007 |publisher=intelligence.senate.gov |url=http://intelligence.senate.gov/laws/pl11053.pdf |access-date=2012-04-13 |archive-url=https://web.archive.org/web/20120915080041/http://intelligence.senate.gov/laws/pl11053.pdf |archive-date=2012-09-15 |url-status=dead }}</ref> In January 2008, the changes took effect, at which time the original Board ceased to exist.


On February 27, 2008, the Senate received President [[George W. Bush]]'s first three nominations to the revamped PCLOB: Daniel W. Sutherland, Officer for Civil Rights and Civil Liberties at the Department of Homeland Security, to serve a six-year term as chair of the board; [[Ronald D. Rotunda]], professor of law at George Mason University, to serve a four-year term as a member of the PCLOB; and [[Francis X. Taylor]], a former member of the board, to a serve a two-year term. On September 8, 2008, President Bush made a fourth nomination, of James X. Dempsey, senior counsel at the Center for Democracy and Technology, to serve a five-year term.  The nominations were referred to the Senate Committee on the Judiciary, which took no further action.<ref name="Hatch2011" />
On February 27, 2008, the Senate received President George W. Bush's first three nominations to the revamped PCLOB: Daniel W. Sutherland, Officer for Civil Rights and Civil Liberties at the Department of Homeland Security, to serve a six-year term as chair of the board; [[Ronald D. Rotunda]], professor of law at George Mason University, to serve a four-year term as a member of the PCLOB; and [[Francis X. Taylor]], a former member of the board, to a serve a two-year term. On September 8, 2008, President Bush made a fourth nomination, of James X. Dempsey, senior counsel at the Center for Democracy and Technology, to serve a five-year term.  The nominations were referred to the Senate Committee on the Judiciary, which took no further action.<ref name="Hatch2011" />


In December 2010, President [[Barack Obama]] nominated two persons to the Board: Dempsey, and [[Elisebeth Collins Cook]], a former Assistant Attorney General at the U.S. Department of Justice and, at the time, a partner in a Chicago law firm.<ref>{{cite web |url=https://obamawhitehouse.archives.gov/the-press-office/2010/12/17/nominations-sent-senate |title=Nominations Sent to the Senate &#124; The White House |date=2010-12-17 |access-date=2012-09-01 |archive-date=2017-02-16 |archive-url=https://web.archive.org/web/20170216170509/https://obamawhitehouse.archives.gov/the-press-office/2010/12/17/nominations-sent-senate |via=[[NARA|National Archives]] |work=[[whitehouse.gov]] |url-status=live }}</ref><ref>{{cite web |url=https://obamawhitehouse.archives.gov/the-press-office/2010/12/16/president-obama-announces-more-key-administration-posts-121610 |title=President Obama Announces More Key Administration Posts, 12/16/10 &#124; The White House |date=2010-12-16 |access-date=2012-09-01 |archive-date=2017-02-16 |archive-url=https://web.archive.org/web/20170216170509/https://obamawhitehouse.archives.gov/the-press-office/2010/12/16/president-obama-announces-more-key-administration-posts-121610 |via=[[NARA|National Archives]] |work=[[whitehouse.gov]] |url-status=live }}</ref><ref>{{cite web |url=https://obamawhitehouse.archives.gov/the-press-office/2010/12/16/president-obama-announces-another-key-administration-post-121610 |title=President Obama Announces Another Key Administration Post, 12/16/10 &#124; The White House |date=2010-12-16 |access-date=2012-09-01 |archive-date=2017-02-16 |archive-url=https://web.archive.org/web/20170216170507/https://obamawhitehouse.archives.gov/the-press-office/2010/12/16/president-obama-announces-another-key-administration-post-121610 |via=[[NARA|National Archives]] |work=[[whitehouse.gov]] |url-status=live }}</ref> Those nominations expired at the end of the 111th Congress.
In December 2010, President [[Barack Obama]] nominated two persons to the Board: Dempsey, and [[Elisebeth Collins Cook]], a former Assistant Attorney General at the U.S. Department of Justice and, at the time, a partner in a Chicago law firm.<ref>{{cite web |url=https://obamawhitehouse.archives.gov/the-press-office/2010/12/17/nominations-sent-senate |title=Nominations Sent to the Senate &#124; The White House |date=2010-12-17 |access-date=2012-09-01 |archive-date=2017-02-16 |archive-url=https://web.archive.org/web/20170216170509/https://obamawhitehouse.archives.gov/the-press-office/2010/12/17/nominations-sent-senate |via=[[NARA|National Archives]] |work=[[whitehouse.gov]] |url-status=live }}</ref><ref>{{cite web |url=https://obamawhitehouse.archives.gov/the-press-office/2010/12/16/president-obama-announces-more-key-administration-posts-121610 |title=President Obama Announces More Key Administration Posts, 12/16/10 &#124; The White House |date=2010-12-16 |access-date=2012-09-01 |archive-date=2017-02-16 |archive-url=https://web.archive.org/web/20170216170509/https://obamawhitehouse.archives.gov/the-press-office/2010/12/16/president-obama-announces-more-key-administration-posts-121610 |via=[[NARA|National Archives]] |work=[[whitehouse.gov]] |url-status=live }}</ref><ref>{{cite web |url=https://obamawhitehouse.archives.gov/the-press-office/2010/12/16/president-obama-announces-another-key-administration-post-121610 |title=President Obama Announces Another Key Administration Post, 12/16/10 &#124; The White House |date=2010-12-16 |access-date=2012-09-01 |archive-date=2017-02-16 |archive-url=https://web.archive.org/web/20170216170507/https://obamawhitehouse.archives.gov/the-press-office/2010/12/16/president-obama-announces-another-key-administration-post-121610 |via=[[NARA|National Archives]] |work=[[whitehouse.gov]] |url-status=live }}</ref> Those nominations expired at the end of the 111th Congress.