Overseeing the executive branch

Congress must strengthen the powers of the Privacy and Civil Liberties Oversight Board.

from the June 26, 2007 edition

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It needs to tell the public which agencies have cooperated with the board and which have not. It needs to bring greater transparency to those activities of the executive branch that impinge on privacy and civil liberties, spelling out for the public why those activities are being carried out and with what safeguards, if any.

The board in its current configuration has difficulty carrying out its mission. Therefore, we strongly support a series of structural reforms (currently in House- and Senate-passed bills) to strengthen the powers and independence of the board. Those reforms would:

• Require Senate confirmation of board members.

• Provide a term of office for board members.

• Ensure political balance in the composition of the board.

• Grant the board subpoena powers.

• Require reports twice a year to Con­gress on its findings, conclusions, and recommendations.

• Establish the board as an independent agency in the executive branch.

The need for an independent board is self-evident. Stories in the press every day point to the importance of a strong voice and a second opinion within the executive branch before officials go ahead with controversial information-gathering measures.

The Privacy and Civil Liberties Oversight Board is the only office that looks across the entire executive branch to ensure that privacy and civil-liberties concerns are considered and addressed.

Congress needs to strengthen the board's powers, and the board needs to pursue its mandate with vigor. Every citizen has a strong interest in this body's success.

• Thomas H. Kean and Lee H. Hamilton are the former chair and vice chair of the 9/11 commission.

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