PRIVACY AND CIVIL LIBERTIES 

OVERSIGHT BOARD

JUSTIFICATION FOR APPROPRIATION 

FY 2014
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TABLE OF CONTENTS 

Members of the Board 2 

Background, Functions and Responsibilities 2

General Program Summary 3

Program Summary by Budget Activity 3

FY 2014 Request 5

FY 2013 Challenges and Accomplishments 5

Proposed FY 2014 Focus Areas 7

Proposed FY 2014 Mission Focus 8

Proposed FY 2014 Management Focus 8

FY 2014 Organizational Chart 9

Status of Pertinent Authorization 9

Appropriation Language 9
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MEMBERS OF THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD

Members appointed by the President, by and with the advice and consent of the Senate:

Rachel L. Brand, for a term ending January 29, 2017

Elisebeth Collins Cook, for a term ending January 29, 2014

James X. Dempsey, for a term ending January 29, 2016 

Patricia M. Wald, for a term ending January 29, 2013 (term extended pursuant to the holdover 

provisions set forth in 42 U.S.C. § 2000ee(h)(4)(B); re-nomination submitted to the U.S. Senate on 

March 21, 2013 and pending consideration by the Senate Committee on the Judiciary)

BACKGROUND, FUNCTIONS AND RESPONSIBILITIES

The Privacy and Civil Liberties Oversight Board (Board) is an independent oversight agency within the 

executive branch established by the Implementing Recommendations of the 9/11 Commission Act of 

2007. Originally established by the Intelligence Reform and Terrorism Prevention Act of 2004, the 

Board was formerly part of the Executive Office of the President. The Board is comprised of four parttime members and a full-time chairman. Board members are appointed to staggered 6-year terms. 

The Board has two primary purposes: 

1) To analyze and review actions the executive branch takes to protect the United States from terrorism, 

ensuring that the need for such actions is balanced with the need to protect privacy and civil liberties; 

and 

2) 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. 

The Board is required to report periodically on its operations to the U.S. Congress, as well as to inform 

the public of its activities.

As an independent agency, the Board has no affiliation with or support structure provided by an existing 

federal agency or department. This presents an enormous challenge since the Board has been required to 

establish the necessary infrastructure to run a small agency while at the same time begin to address its 

oversight responsibilities.

The four part-time Board members were confirmed by the Senate on August 2, 2012 and were sworn in 

later that month. A chairman has not yet been confirmed. The Senate Judiciary Committee favorably 

reported the nomination of David Medine as Board Chairman on February 28, 2013 and the nomination 

is presently awaiting confirmation by the Senate. 
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Under its enabling statute, the Board may transact business with a quorum of three members. 

Accordingly, the Board began start-up operations in September 2012. The Board held its first public 

meeting on October 31, 2012 for the purpose of receiving the public’s input on its forthcoming agenda. 

The Board held a second public meeting on March 5, 2013 to conduct business related to its stand up 

and to provide a status report on its activities to date. The Board expects to hold further public meetings 

to consider particular issues in greater depth.

As a new agency, the Board has been addressing a variety of administrative matters in its first months. 

These include identifying office space and information technology/telecommunications support; finance 

and budget requirements; personnel procedures; security requirements; Sunshine in Government Act, 

Freedom of Information Act, and Privacy Act compliance; and a myriad of other issues that are required 

to operate a federal agency. At the same time that the Board has been working to clear these 

administrative hurdles, it has begun to delve into the important substantive aspects of its mandate. 

PROGRAM SUMMARY 

Account/Activity: 

Salaries and Expenses

FY 2012 FY 2013 FY 2014 Change From

Account Enacted Enacted Request FY 2013

Total Funding $900,0001 $900,000 $3,100,000 + $2,200,000

FTE 0 5 11 + 6

PROGRAM SUMMARY BY BUDGET ACTIVITY 

Privacy and Civil Liberties Oversight Board

Salaries and Expenses

Object Classification

Identification Code 95-2724-0-054 FY 2012 FY 2013 FY 2014

Enacted Enacted Request

 

11.1 

Full-Time Permanent 

- 

 

201,720 

 

651,388 

 

11.3 

Other Than Full-Time Permanent 

81,112 

 

62,563 

 

126,377 

 

11.5 

Other Personnel Compensation 

- 

 

6,910 

 

16,101 

 

11.8 

Special Personal Services Payments 

255,654 

 

168,588 

 

763,325 

 

1

FY 2012 Appropriation was two-year funding carried over into FY 2013.
4

 

11.9 

Total Personnel Compensation 

336,766 

 

339,781 

 

1,557,191 

 

12.1 

Civilian Personnel Benefits 

4,000 

 

85,143 

 

241,497 

 

21.0 

Travel and Transportation of Persons 

21,500 

 

22,500 

 

62,000 

 

23.1 

Rental Payments to GSA 

37,500 

 

37,500 

 

312,210 

 

23.3 

Communications, Utilities, and Misc 

Charges

 

222,299 

 

132,456 

 

176,413 

 

24.0 

Printing and Reproduction 

900 

 

8,400 

 

8,000 

 

25.1 

Advisory and Assistance 

101,054 

 

38,020 

 

345,396 

 

25.2 

Other Services from Non-Federal Sources 

- 

 

-

 

15,000 

 

25.3 

Other Goods and Services from Federal 

Sources

 

67,858 

 

67,857 

 

214,293 

 

26.0 

Supplies and Materials 

2,500 

 

5,000 

 

10,000 

 

31.0 

Equipment 

105,623 

 

163,343 

 

158,000 

99.9 Total New Obligations 900,000 900,000 3,100,000 

Privacy and Civil Liberties Oversight Board

Salaries and Expenses

Personnel Summary

Identification Code 95-2724-0-054 FY 2012 FY 2013 FY 2014

Enacted Enacted Request

 Total Compensable Work-Years 

Full-Time Equivalent Employment - 5 11

Full-Time Equivalent Overtime and Holiday Hours - - -
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FY 2014 REQUEST

For FY 2014, the Board’s budget request is $3,100,000. FY 2014 will be a critical year for the Board, 

since it will be the first full fiscal year that it will function with a Chairman (once confirmed) and direct 

hire (non-detailee) staff. It will also be the first full fiscal year in which the Board will operate with a 

fully developed agenda. This request is crucial to the Board’s ability to perform its mission. The request 

will both finance the completion of start-up activities and sustain the ongoing substantive operations of 

the Board. It will cover the salaries and related costs necessary to support a small staff needed to

maintain an efficient level of operations. This appropriation request represents an increase of $2,200,000

above the FY 2013 enacted level of $900,000, and is based on an estimated spend plan that includes 

facilities lease, security, and information technology costs necessary for establishment of the Board’s 

office space. The spend plan is focused on the following priorities:

• Personnel compensation and benefits;

• Rental payments to GSA; 

• Administrative/Human Resources and Financial Services provided by the General Services 

Administration; 

• Changeover in facility security guards from the State Department to the Federal Protective 

Service; and

• Installation of classified and unclassified information technology and telecommunications 

capabilities, including required service level agreements.

FISCAL YEAR 2013 CHALLENGES AND ACCOMPLISHMENTS

The Board has been focused on achieving an effective operational capability. At the same time, the 

Board has begun to develop an understanding of critical government counterterrorism-related initiatives 

so that it can appropriately perform its oversight and advisory roles, as well as promote public awareness 

and trust.

The Board has made significant progress, but continues to face significant challenges as it strives to 

reach full operational capability. As a new agency, the Board continues to work closely with the Office 

of Management and Budget in the formulation of its plans and has maintained contact with its 

appropriations committees in Congress. 

By law, the Chairman is authorized to appoint and fix the compensation of personnel as may be 

necessary to enable the Board to carry out its functions. The law also allows for any federal employee to 

be detailed to the Board from another federal agency. In the absence of a Chairman, and in order to 

support the Board sufficiently so that it can function at an initial operating capability, the Board has 
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brought on two employees from other federal agencies on detail assignments and is planning in FY 2013 

for a limited number of other detailees. 

Since being sworn in, the Board has held two public meetings in accordance with the Government in the 

Sunshine Act. The Board has engaged in informational sessions with federal agencies to better 

understand their counterterrorism-related programs and responsibilities. These include: 

• A comprehensive briefing at the National Security Agency on the implementation of the Foreign 

Intelligence Surveillance Act (FISA) Amendments Act (FAA);

• Two separate briefings, from the National Counterterrorism Center (NCTC) and the Department of 

Homeland Security (DHS), on the implementation of the 2012 Guidelines for Access, Retention, Use 

and Dissemination by the National Counterterrorism Center and other Agencies of Information in 

Datasets Containing Non-Terrorism Information;

• Several programmatic briefings from the Program Manager for the Information Sharing 

Environment (ISE). Consistent with the Board’s statutory mandate, the Board is to provide advice 

and oversight on the implementation and administration of ISE programs;

• An informational session at the Federal Bureau of Investigation on the FBI’s implementation of the 

Attorney General’s Guidelines for Domestic FBI Operations (AG Guidelines);

• An informational session at the Department of Justice (DOJ) on the AG Guidelines;

• A briefing on state and local fusion centers from the U.S. Senate Homeland Security and 

Government Affairs Committee/Permanent Subcommittee on Investigations and from the relevant 

offices at DHS; and

• An advance briefing from the National Security Staff on the February 12, 2013 Executive Order, 

Improving Critical Infrastructure Cyber Security.

The Board is in the process of scheduling follow-up discussions on the FAA and the NCTC Guidelines, 

as well as informational sessions with DOJ on the legal rationale for the use of unmanned vehicles in 

targeted killings overseas; the President’s Intelligence Advisory Board and Intelligence Oversight 

Board; the Terrorist Screening Center; the Foreign Terrorist Tracking Task Force; the Nationwide 

Suspicious Activity Reporting Initiative; and the Departments of Defense, Treasury, and Commerce. 

The Board is required to adopt numerous policies and procedures related to its operation as a federal 

agency. Since engaging the two detailees in mid-December 2012, the Board has also:

• Approved a No FEAR Act Notice and published it in the Federal Register on February 26, 2013.

This is a notice that all federal agencies must provide past, present and future employees about their 

rights under federal whistleblower and anti-discrimination laws; 
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• Adopted a policy on Personally Identifiable information (PII) Breach Reporting and Response. This 

policy, required of all federal agencies, establishes the Board’s internal procedures for assessing and 

responding to any breaches involving PII maintained by the Board; 

• Approved a Notice of Proposed Rulemaking for its Freedom of Information Act, Privacy Act and 

Sunshine Act procedures; 

• Approved a rule delegating certain of its operational authorities to the Chairman (once confirmed) 

and other staff; and

• Adopted a Security Policy and a Hiring and Compensation Policy as required under its enabling 

legislation.

The Board continues to identify and draft other organizational policies, such as those articulating the 

agency’s ethics program, records management, and other items related to its internal processes and 

procedures, and is in the process of drafting its first required semi-annual Report to Congress.

PROPOSED FY 2014 FOCUS AREAS 

The Board expects the following four priorities to guide its activities for the remainder of FY 2013 and 

throughout FY 2014: 

• Continuation of stand-up to ensure full operational capability;

• Integration into the ongoing business of the federal government and its structure;

• Identification and examination of priority issues within the Board’s mandate; and

• Provision of advice and guidance to the federal government and transparency to the public.

More specifically, the Board anticipates that during FY 2014 it will be focusing on issues related to:

• The FISA Amendments Act;

• The Information Sharing Environment;

• NCTC and other federal agency implementation of information sharing programs;

• FBI and DHS domestic intelligence activities as they relate to terrorism;

• Cyber security issues as they relate to terrorism;

• Support to federal agency privacy civil rights/civil liberties officers as they exercise oversight of 

terrorism related programs of the U.S. Government.
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PROPOSED FY 2014 MISSION FOCUS 

• Coordinate with federal and non-federal partners to identify and examine privacy and civil liberties 

issues of concern, to include reaching an understanding of common principles for privacy and civil 

liberties protections in the context of the Board’s mission.

• Develop and implement an issue and process analysis methodology for use by the Board as a 

recommended framework for analyzing the development, implementation, and operation of 

executive branch policies and programs related to efforts to protect the Nation against terrorism.

• Advise federal agency privacy civil rights/civil liberties officers as they exercise oversight of 

terrorism related programs of the U.S. Government.

• Post online materials and information for federal agencies and to educate the general public and 

specialized audiences about privacy and civil liberties concerns related to the terrorism programs of 

the U.S. Government. The Board plans to involve local, national, and international partners in its 

work. A website will be the primary venue through which the Board continuously updates all agency 

information that is made available to the public.

• Develop a capability to respond to the media and general public regarding specific plans and projects 

pending before the Board, and execute public outreach programs that advance Board goals, as 

needed. 

PROPOSED FY 2014 MANAGEMENT FOCUS

• Keep key congressional committees apprised of the Board’s progress, including committees on 

Appropriations, Intelligence, and Homeland Security and develop required reports to Congress. 

• Move into leased office space and increase operational capability; 

• Acquire information technology infrastructure and solutions that advance the Board’s mission and 

improve overall operating efficiency.

• Enhance and promote greater public access and participation through use of internet technologies 

and services.

• Ensure the security of PCLOB information and information systems through annual assessment of

the Board’s information security and related program policies, procedures and monitoring practices.

• Continue to build the PCLOB workforce to the required level of strength. Establish a workforce 

planning process that takes into consideration workload analysis and employee competency and skill 

assessments.

• Work with GSA to continue to strengthen PCLOB financial management through the recurring 

review and refinement of internal controls and procurement processes.
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FY 2014 ORGANIZATIONAL CHART

STATUS OF PERTINENT AUTHORIZATION

The authorization for the present account (95-2724-0-054) is contained in the Implementing 

Recommendations of the 9/11 Commission Act of 2007, Public Law 110-53 (codified at 42 U.S.C. § 

2000ee). There are no estimates herein contained that exceed any limitations placed on the Board by 

Committee Reports for the preceding fiscal year.

APPROPRIATION LANGUAGE

Salaries and Expenses

For necessary expenses of the Privacy and Civil Liberties Oversight Board, as authorized

by section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 (codified at 42 U.S.C. 

§ 2000ee), $3,100,000, to remain available until September 30, 2015. Note.--A

full-year 2013 appropriation for this account was not enacted at the time the budget was

prepared; therefore, the budget assumes this account is operating under the Continuing

Appropriations Resolution, 2013 (P.L. 112-175). The amounts included for 2013 reflect the

annualized level provided by the continuing resolution.

Executive Director

CHAIRMAN Board Member

Subject Matter 

Expert

Contract Subject 

Matter Experts

Federal Privacy and 

Civil Liberties Liaison 

Executive Admin 

Assistant

Admin/Security/ 

Facilities Support 

Board Member Board Member Board Member

Subject Matter 

Expert

Subject Matter 

Expert

Legal Counsel 

Subject Matter 

Expert