Executive Order 13353: Establishing the President's Board on Safeguarding Americans' Civil Liberties

President: George W. Bush

Established a Justice Department-administered interagency board to advise on civil liberties and privacy in security policy.

Status: In effect. Is Executive Order 13353 still in effect? Yes. Executive Order 13353 remains in effect. See Federal Register record.

What does Executive Order 13353 do?

EO 13353 created a board chaired by the Deputy Attorney General, with advisory, reporting-request and referral functions related to national and homeland security policy. The Privacy and Civil Liberties Oversight Board’s official history says the President’s Board ceased meeting after the Intelligence Reform and Terrorism Prevention Act of 2004 created a separate board. Congress established the present independent agency in 2007. The later statutory PCLOB should not be described as the same body created by EO 13353.

Administration position: The order sought a coordinated executive-branch review of civil-liberties and privacy issues in security work.
SignedAugust 27, 2004
Earlier frameworkAfter the 9/11 Commission report, the administration had not yet created this specific presidential board for civil-liberties coordination.
Responsible bodyPresident’s Board on Safeguarding Americans’ Civil Liberties
Later primary evidence2007: The Privacy and Civil Liberties Oversight Board’s official history says the President’s Board ceased meeting after the Intelligence Reform and Terrorism Prevention Act of 2004 created a separate board. Congress established the present independent agency in 2007. The later statutory PCLOB should not be described as the same body created by EO 13353.

Before and after

Before the order

After the 9/11 Commission report, the administration had not yet created this specific presidential board for civil-liberties coordination.

After the order

EO 13353 created a board chaired by the Deputy Attorney General, with advisory, reporting-request and referral functions related to national and homeland security policy.

The Privacy and Civil Liberties Oversight Board’s official history says the President’s Board ceased meeting after the Intelligence Reform and Terrorism Prevention Act of 2004 created a separate board. Congress established the present independent agency in 2007. The later statutory PCLOB should not be described as the same body created by EO 13353.

What did the signed order change?

After the 9/11 Commission report, the administration had not yet created this specific presidential board for civil-liberties coordination. EO 13353 created a board chaired by the Deputy Attorney General, with advisory, reporting-request and referral functions related to national and homeland security policy.

What happened later?

Privacy and Civil Liberties Oversight Board — history and mission documents this later development: The Privacy and Civil Liberties Oversight Board’s official history says the President’s Board ceased meeting after the Intelligence Reform and Terrorism Prevention Act of 2004 created a separate board. Congress established the present independent agency in 2007. The later statutory PCLOB should not be described as the same body created by EO 13353.

What does that evidence establish?

EO 13353 formed an executive board within DOJ for administration. The 2004 statute established a distinct oversight structure, with independent-agency status supplied by 2007 legislation. The agency history reports the presidential board stopped meeting; it does not say EO 13353 was formally revoked. The existence of the presidential board is not evidence that it independently investigated or resolved a particular rights complaint. The signed order controls its original terms.

Who had to do what

Agency / officeActionTiming / position
President’s Board on Safeguarding Americans’ Civil LibertiesAdvised and coordinated executive-branch civil-liberties policyUnder the signed order and governing law

What happened next

EO 13353 signed.