Federal departments fall short on civil liberties

The departments of Defense, State, and Health and Human Services have not met legal requirements meant to protect Americans' civil liberties, and a board that's supposed to enforce the mandates has been dormant since 2007, according to federal records. All three departments have failed to comply with a 2007 law directing them to appoint civil liberties protection officers and report regularly to Congress on the safeguards they use to make sure their programs don't undermine the public's rights and privacy, a USA TODAY review of congressional filings shows. An independent Privacy and Civil Liberties Oversight Board set up to monitor the departments hasn't met publicly since 2006; it no longer has members. Government missteps such as putting innocent people on terrorist watch lists and misusing administrative warrants, known as national security letters, "might have been dealt with much sooner if we had … cops on the beat to make sure there are standards that are being upheld," says Caroline Fredrickson, legislative director at the American Civil Liberties Union (ACLU). The lack of civil liberties officers at State and Health and Human Services is troubling because the departments hold passport and medical records, says James Dempsey, vice president of the Center for Democracy and Technology. "Security of that information is very important," he says, and these officers should monitor how it's used and shared. The Pentagon also has sparked concerns. Its Counterintelligence Field Activity office was criticized by the ACLU for wrongly tracking anti-war groups–a charge confirmed by the Pentagon in 2006. A 2007 law requires eight departments and agencies to have civil liberties officers and file reports. Justice, Homeland Security, Treasury, the CIA and the Office of the Director of National Intelligence have done so. Sens. Joe Lieberman, I-Conn., and Susan Collins, R-Maine, leaders of the Homeland Security committee, says departments not in compliance will be held accountable. Collins says someone must be "tasked with ensuring that agency policies take into account privacy and civil liberties concerns." President Obama vowed after his election to give the oversight board subpoena power and make sure agencies meet civil liberties rules. The board was set up as a White House office in 2004, but Congress ordered in 2007 that it be revamped as an independent agency by last January. President Bush didn't nominate new members until August; none was confirmed. State and Health and Human Services pledged in statements to work in the new administration to satisfy the law. A Pentagon statement said its offices already safeguard civil liberties.