[ACLU-NM] Press release: Udall Introduces Sweeping Civil Liberties Bill

[Kimberly Lavender]

Tom Udall

U.S. Representative

Third Congressional District

NEWS RELEASE

For Immediate Release

 March 15, 2005



     202.225.1213





UDALL RENEWS CALL FOR

"INDEPENDENT" CIVIL LIBERTIES BOARD



Lawmakers Say Current Board Lacks Teeth



WASHINGTON - At a press conference today, U.S. Representative Tom Udall,
D-N.M., unveiled new legislation he co-authored that would create a
bipartisan and independent privacy and civil liberties board to ensure that
the federal government's use of the powers granted to fight terrorism do not
annihilate the very freedoms America is fighting to protect.



Udall and Rep. Carolyn Maloney, D-N.Y., introduced Tuesday "The Protection
of Civil Liberties Act." The measure would amend 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 (9/11 Commission) in its final report was the
creation of a board within the executive branch to oversee adherence to
guidelines on, and the commitment to defend, civil liberties by the federal
government.



 "One of the crucial proposals recommended by the 9/11 Commission was the
establishment of a civil liberties board designed to balance the massive
powers granted to the federal government," Udall said. "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.  This bill would change that."





Specifically the bill:



*           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.



*           Creates the Board as an independent agency in the executive
branch. Currently the board is in the Executive Office of the President.



*           Requires that all 5 members of the Board be confirmed by the
Senate. Currently only the Chair and the Vice Chair will be confirmed.



*           Requires that no more than 3 members can be from the same
political party. Currently there is no provision that ensures a bipartisan
Board.



*           Sets a term for Board members at 6 years. Currently members will
serve at the pleasure of the President.



*           Creates the chairman as a full-time member of the Board. This
increases the likelihood that the Board will meet regularly.



*           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.



*           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.



*           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.



Joining the lawmakers at the press conference were family members of 9/11
victims and 9/11 Commissioner Richard Ben-Veniste who spoke in strong
support of the legislation.



 "The Maloney-Udall bill would provide for a robust oversight board with
bipartisan membership, independent subpoena power and sufficient reporting
requirements to assure transparency," Ben-Veniste said.



Udall, a former federal prosecutor and New Mexico Attorney General, voted
against the USA Patriot Act, when it passed just weeks after the September
11th attacks.  The federal lawmaker has raised serious concerns about the
Bush administration's approach to privacy and civil liberties.



 "It is the responsibility of all Americans to see that no one, not even our
own well-intentioned government, has the opportunity to curb our civil
liberties.  It is paramount that we safeguard the civil liberties and
freedoms that form the bedrock of our nation," Udall concluded.



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