Establishing the President's Board on 
                Safeguarding Americans' Civil Liberties

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, and in order to further strengthen protections 
                for the rights of Americans in the effective 
                performance of national security and homeland security 
                functions, it is hereby ordered as follows:

                Section 1. Policy. The United States Government has a 
                solemn obligation, and shall continue fully, to protect 
                the legal rights of all Americans, including freedoms, 
                civil liberties, and information privacy guaranteed by 
                Federal law, in the effective performance of national 
                security and homeland security functions.

                Sec. 2. Establishment of Board. To advance the policy 
                set forth in section 1 of this order (Policy), there is 
                hereby established the President's Board on 
                Safeguarding Americans' Civil Liberties (Board). The 
                Board shall be part of the Department of Justice for 
                administrative purposes.

                Sec. 3. Functions. The Board shall:

(a)

 (i) advise the President on effective means to implement the Policy, and 
(ii) keep the President informed of the implementation of the Policy;

(b)

 periodically request reports from Federal departments and agencies 
relating to policies and procedures that ensure implementation of the 
Policy;

(c)

 recommend to the President policies, guidelines and other administrative 
actions, technologies, and legislation, as necessary to implement the 
Policy;

(d)

 at the request of the head of any Federal department or agency, unless the 
Chair, after consultation with the Vice Chair, declines the request, 
promptly review and provide advice on a policy or action of that department 
or agency that implicates the Policy;

(e)

 obtain information and advice relating to the Policy from representatives 
of entities or individuals outside the executive branch of the Federal 
Government in a manner that seeks their individual advice and does not 
involve collective judgment or consensus advice or deliberation;

(f)

 refer, consistent with section 535 of title 28, United States Code, 
credible information pertaining to possible violations of law relating to 
the Policy by any Federal employee or official to the appropriate office 
for prompt investigation;

(g)

 take steps to enhance cooperation and coordination among Federal 
departments and agencies in the implementation of the Policy, including but 
not limited to working with the Director of the Office of Management and 
Budget and other officers of the United States to review and assist in the 
coordination of guidelines and policies concerning national security and 
homeland security efforts, such as information collection and sharing; and

(h)

 undertake other efforts to protect the legal rights of all Americans, 
including freedoms, civil liberties, and information privacy guaranteed by 
Federal law, as the President may direct.

                Upon the recommendation of the Board, the Attorney 
                General or the Secretary of Homeland Security may 
                establish one or more committees that include

[[Page 53586]]

                individuals from outside the executive branch of the 
                Federal Government, in accordance with applicable law, 
                to advise the Board on specific issues relating to the 
                Policy. Any such committee shall carry out its 
                functions separately from the Board.

                Sec. 4. Membership and Operation. The Board shall 
                consist exclusively of the following:

(a)

 the Deputy Attorney General, who shall serve as Chair;

(b)

 the Under Secretary for Border and Transportation Security, Department of 
Homeland Security, who shall serve as Vice Chair;

(c)

 the Assistant Attorney General (Civil Rights Division);

(d)

 the Assistant Attorney General (Office of Legal Policy);

(e)

 the Counsel for Intelligence Policy, Department of Justice;

(f)

 the Chair of the Privacy Council, Federal Bureau of Investigation;

(g)

 the Assistant Secretary for Information Analysis, Department of Homeland 
Security;

(h)

 the Assistant Secretary (Policy), Directorate of Border and Transportation 
Security, Department of Homeland Security;

(i)

 the Officer for Civil Rights and Civil Liberties, Department of Homeland 
Security;

(j)

 the Privacy Officer, Department of Homeland Security;

(k)

 the Under Secretary for Enforcement, Department of the Treasury;

(l)

 the Assistant Secretary (Terrorist Financing), Department of the Treasury;

(m)

 the General Counsel, Office of Management and Budget;

(n)

 the Deputy Director of Central Intelligence for Community Management;

(o)

 the General Counsel, Central Intelligence Agency;

(p)

 the General Counsel, National Security Agency;

(q)

 the Under Secretary of Defense for Intelligence;

(r)

 the General Counsel of the Department of Defense;

(s)

 the Legal Adviser, Department of State;

(t)

 the Director, Terrorist Threat Integration Center; and

(u)


 such other officers of the United States as the Deputy Attorney General 
may from time to time designate.

                A member of the Board may designate, to perform the 
                Board or Board subgroup functions of the member, any 
                person who is part of such member's department or 
                agency and who is either (i) an officer of the United 
                States appointed by the President, or (ii) a member of 
                the Senior Executive Service or the Senior Intelligence 
                Service. The Chair, after consultation with the Vice 
                Chair, shall convene and preside at meetings of the 
                Board, determine its agenda, direct its work, and, as 
                appropriate to deal with particular subject matters, 
                establish and direct subgroups of the Board that shall 
                consist exclusively of members of the Board. The Chair 
                may invite, in his discretion, officers or employees of 
                other departments or agencies to participate in the 
                work of the Board. The Chair shall convene the first 
                meeting of the Board within 20 days after the date of 
                this order and shall thereafter convene meetings of the 
                Board at such times as the Chair, after consultation 
                with the Vice Chair, deems appropriate. The Deputy 
                Attorney General shall designate an official of the 
                Department of Justice to serve as the Executive 
                Director of the Board.

                Sec. 5. Cooperation. To the extent permitted by law, 
                all Federal departments and agencies shall cooperate 
                with the Board and provide the Board with such 
                information, support, and assistance as the Board, 
                through the Chair, may request.

                Sec. 6. Administration. Consistent with applicable law 
                and subject to the availability of appropriations, the 
                Department of Justice shall provide the funding and 
                administrative support for the Board necessary to 
                implement this order.

                Sec. 7. General Provisions. (a) This order shall not be 
                construed to impair or otherwise affect the authorities 
                of any department, agency, instrumentality,

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                officer, or employee of the United States under 
                applicable law, including the functions of the Director 
                of the Office of Management and Budget relating to 
                budget, administrative, or legislative proposals.

                    (b) This order shall be implemented in a manner 
                consistent with applicable laws and Executive Orders 
                concerning protection of information, including those 
                for the protection of intelligence sources and methods, 
                law enforcement information, and classified national 
                security information, and the Privacy Act of 1974, as 
                amended (5 U.S.C. 552a).
                    (c) This order is intended only to improve the 
                internal management of the Federal Government and is 
                not intended to, and does not, create any right or 
                benefit, substantive or procedural, enforceable at law 
                or in equity, by a party against the United States, or 
                any of its departments, agencies, instrumentalities, 
                entities, officers, employees, or agents, or any other 
                person.

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                     August 27, 2004.