ACLU Letter Endorsing Maloney-Shays Civil Liberties Board Bill

Re: Pass the Maloney-Udall-Shays Protection of Civil Liberties Act

Dear Representatives Maloney, Udall and Shays:

The American Civil Liberties Union and its more than 400,000 members is pleased to endorse the “”Protection of Civil Liberties Act,”” which strengthens the Privacy and Civil Liberties Oversight Board created by last year’s intelligence reform legislation.

Unfortunately, the board that was created does not have the powers or independence needed to achieve the goals laid out by the 9-11 Commission. The Maloney-Shays bill would rectify these weaknesses, ensuring the board has:

• Greater independence. The existing board is housed at the White House and its members are all appointed by the President and serve at the President’s pleasure. The bill creates an independent, bipartisan board whose members serve for staggered terms. No one party could have more than three members, and the President must consult with Congressional leaders when appointing members of the opposing party.
• Much-needed powers. The board would have clear investigative and subpoena powers. These powers can now be blocked by objections from the Attorney General. Since a principal function of the board is to oversee security and intelligence agencies, such a veto gives the Attorney General a powerful and unwarranted weapon against oversight.
• A clearer mandate. As recommended by the 9-11 Commission, the board puts “”the burden of proof . . . on the executive, to explain (a) that the power actually materially enhances security and (b) that there is adequate supervision of the executive’s use of the powers to ensure protection of civil liberties.””

We thank you for your leadership in introducing this legislation and urge Congress to enact it without delay.

Laura W. Murphy,
Director, Washington Legislative Office

Timothy H. Edgar,
National Security Policy Counsel