FAS

Civil Liberties Oversight Board Still Dormant

11.29.11 | 2 min read | Text by Steven Aftergood

The Privacy and Civil Liberties Oversight Board that was supposed to provide independent oversight of U.S. counterterrorism policies remains dormant and out of service because its members have still not been named and confirmed.

In a report that was newly updated this month, the Congressional Research Service traced the origins of the Board from a recommendation by the 9/11 Commission through its initial establishment as a White House agency to its reconstitution as an independent agency chartered by statute in 2007.

The Board was assigned two overriding missions: It was supposed to “analyze and review actions the executive branch takes to protect the Nation from terrorism, ensuring that the need for such actions is balanced with the need to protect privacy and civil liberties”;  and to “ensure that liberty concerns are appropriately considered in the development and implementation of laws, regulations, and policies related to efforts to protect the Nation against terrorism.”

So had the Board been functional, it might have been a valuable participant in current deliberations over military detention authority, for example.  It might also have conducted investigative oversight into any number of other counterterrorism policies, as mandated by law.  But for all practical purposes, there is no Board.

Last January, President Obama named Elisebeth C. Cook and James X. Dempsey to serve on the Board.  The Senate has not acted on their nomination.  Even if they had been confirmed, however, they would not have constituted a quorum.  Thus, the Board’s activation is still dependent on presidential nomination of additional Board members.  See “Privacy and Civil Liberties Oversight Board: New Independent Agency Status,” November 14, 2011.

publications
See all publications
Government Capacity
Press release
FAS Position on “Schedule PC” and Impact on Federal Scientists

If this proposed rule were enacted it would have deleterious effects on government workers in general and federal researchers and scientists, specifically.

05.20.25 | 3 min read
read more
Government Capacity
Blog
Proposed “Schedule Policy/Career” Rule is Open For Comment Now, and If Implemented Could Significantly Change How Decisions Are Made

When we introduce “at-will” employment to government employees, we also introduce the potential for environments where people are more concerned about self-preservation than service to others.

05.20.25 | 3 min read
read more
FAS
Policy Memo
Agenda for an American Renewal

There is no better time to re-invigorate America’s innovation edge by investing in R&D to create and capture “industries of the future,” re-shoring capital and expertise, and working closely with allies to expand our capabilities while safeguarding those technologies that are critical to our security.

05.15.25 | 13 min read
read more
Global Risk
Press release
Nuclear Notebook: Russian Nuclear Weapons 2025 Federation of American Scientists Unveils Comprehensive Analysis of Russia’s Nuclear Arsenal

Russia currently maintains nearly 5,460 nuclear warheads, with an estimated 1,718 deployed. This represents a slight decrease in total warheads from previous years but still positions Russia as the world’s largest nuclear power alongside the United States.

05.13.25 | 3 min read
read more