Luke_Wilbur Posted December 14, 2006 Report Share Posted December 14, 2006 The Public Interest Declassification Board was established by Congress in 2000 "to promote the fullest possible public access to a thorough, accurate, and reliable documentary record of significant United States national security decisions." (FY 2001 Intelligence Authorization Act, Section 703). Six years later, it has still done no such thing. In its first practical test, members of Congress asked the Board to review the classification of two recent reports on pre-war Iraq intelligence to determine if more of the text could be disclosed. But the Board concluded that it could not proceed without White House approval, which was not forthcoming. This week, reported Rebecca Carr of Cox News, the Board asked Congress to modify its charter to make clear that White House approval is not required for this purpose. SEC. 703. PUBLIC INTEREST DECLASSIFICATION BOARD. (a) ESTABLISHMENT- There is established within the executive branch of the United States a board to be known as the `Public Interest Declassification Board' (in this title referred to as the `Board'). ( PURPOSES- The purposes of the Board are as follows: (1) To advise the President, the Assistant to the President for National Security Affairs, the Director of the Office of Management and Budget, and such other executive branch officials as the Board considers appropriate on the systematic, thorough, coordinated, and comprehensive identification, collection, review for declassification, and release to Congress, interested agencies, and the public of declassified records and materials (including donated historical materials) that are of archival value, including records and materials of extraordinary public interest. (2) To promote the fullest possible public access to a thorough, accurate, and reliable documentary record of significant United States national security decisions and significant United States national security activities in order to-- (A) support the oversight and legislative functions of Congress; ( support the policymaking role of the executive branch; © respond to the interest of the public in national security matters; and (D) promote reliable historical analysis and new avenues of historical study in national security matters. (3) To provide recommendations to the President for the identification, collection, and review for declassification of information of extraordinary public interest that does not undermine the national security of the United States, to be undertaken in accordance with a declassification program that has been established or may be established by the President by Executive order. (4) To advise the President, the Assistant to the President for National Security Affairs, the Director of the Office of Management and Budget, and such other executive branch officials as the Board considers appropriate on policies deriving from the issuance by the President of Executive orders regarding the classification and declassification of national security information. © MEMBERSHIP- (1) The Board shall be composed of nine individuals appointed from among citizens of the United States who are preeminent in the fields of history, national security, foreign policy, intelligence policy, social science, law, or archives, including individuals who have served in Congress or otherwise in the Federal Government or have otherwise engaged in research, scholarship, or publication in such fields on matters relating to the national security of the United States, of whom-- (A) five shall be appointed by the President; ( one shall be appointed by the Speaker of the House of Representatives; © one shall be appointed by the majority leader of the Senate; (D) one shall be appointed by the minority leader of the Senate; and (E) one shall be appointed by the minority leader of the House of Representatives. (2)(A) Of the members initially appointed to the Board by the President-- (i) three shall be appointed for a term of 4 years; (ii) one shall be appointed for a term of 3 years; and (iii) one shall be appointed for a term of 2 years. ( The members initially appointed to the Board by the Speaker of the House of Representatives or by the majority leader of the Senate shall be appointed for a term of 3 years. © The members initially appointed to the Board by the minority leader of the House of Representatives or the Senate shall be appointed for a term of 2 years. (D) Any subsequent appointment to the Board shall be for a term of 3 years. (3) A vacancy in the Board shall be filled in the same manner as the original appointment. A member of the Board appointed to fill a vacancy before the expiration of a term shall serve for the remainder of the term. (4) A member of the Board may be appointed to a new term on the Board upon the expiration of the member's term on the Board, except that no member may serve more than three full terms on the Board. (d) CHAIRPERSON; EXECUTIVE SECRETARY- (1)(A) The President shall designate one of the members of the Board as the Chairperson of the Board. ( The term of service as Chairperson of the Board shall be 2 years. © A member serving as Chairperson of the Board may be redesignated as Chairperson of the Board upon the expiration of the member's term as Chairperson of the Board, except that no member shall serve as Chairperson of the Board for more than 6 years. (2) The Director of the Information Security Oversight Office shall serve as the Executive Secretary of the Board. (e) MEETINGS- The Board shall meet as needed to accomplish its mission, consistent with the availability of funds. A majority of the members of the Board shall constitute a quorum. (f) STAFF- Any employee of the Federal Government may be detailed to the Board, with the agreement of and without reimbursement to the detailing agency, and such detail shall be without interruption or loss of civil, military, or foreign service status or privilege. (g) SECURITY- (1) The members and staff of the Board shall, as a condition of appointment to or employment with the Board, hold appropriate security clearances for access to the classified records and materials to be reviewed by the Board or its staff, and shall follow the guidance and practices on security under applicable Executive orders and Presidential or agency directives. (2) The head of an agency shall, as a condition of granting access to a member of the Board, the Executive Secretary of the Board, or a member of the staff of the Board to classified records or materials of the agency under this title, require the member, the Executive Secretary, or the member of the staff, as the case may be, to-- (A) execute an agreement regarding the security of such records or materials that is approved by the head of the agency; and ( hold an appropriate security clearance granted or recognized under the standard procedures and eligibility criteria of the agency, including any special access approval required for access to such records or materials. (3) The members of the Board, the Executive Secretary of the Board, and the members of the staff of the Board may not use any information acquired in the course of their official activities on the Board for nonofficial purposes. (4) For purposes of any law or regulation governing access to classified information that pertains to the national security of the United States, and subject to any limitations on access arising under section 706(, and to facilitate the advisory functions of the Board under this title, a member of the Board seeking access to a record or material under this title shall be deemed for purposes of this subsection to have a need to know the contents of the record or material. (h) COMPENSATION- (1) Each member of the Board shall receive compensation at a rate not to exceed the daily equivalent of the annual rate of basic pay payable for positions at ES-1 of the Senior Executive Service under section 5382 of title 5, United States Code, for each day such member is engaged in the actual performance of duties of the Board. (2) Members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of the duties of the Board. (i) GUIDANCE; ANNUAL BUDGET- (1) On behalf of the President, the Assistant to the President for National Security Affairs shall provide guidance on policy to the Board. (2) The Executive Secretary of the Board, under the direction of the Chairperson of the Board and the Board, and acting in consultation with the Archivist of the United States, the Assistant to the President for National Security Affairs, and the Director of the Office of Management and Budget, shall prepare the annual budget of the Board. (j) SUPPORT- The Information Security Oversight Office may support the activities of the Board under this title. Such support shall be provided on a reimbursable basis. (k) PUBLIC AVAILABILITY OF RECORDS AND REPORTS- (1) The Board shall make available for public inspection records of its proceedings and reports prepared in the course of its activities under this title to the extent such records and reports are not classified and would not be exempt from release under the provisions of section 552 of title 5, United States Code. (2) In making records and reports available under paragraph (1), the Board shall coordinate the release of such records and reports with appropriate officials from agencies with expertise in classified information in order to ensure that such records and reports do not inadvertently contain classified information. (l) APPLICABILITY OF CERTAIN ADMINISTRATIVE LAWS- The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the activities of the Board under this title. However, the records of the Board shall be governed by the provisions of the Federal Records Act of 1950. See "Anti-secrecy board unable to gain traction" by Rebecca Carr, Cox News Service, December 8: http://www.azstarnet.com/allheadlines/159482 http://intelligence.senate.gov/001012.htm Quote Link to comment Share on other sites More sharing options...
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