The VOTER, April 2004, Volume 76, No. 7

ANTI-TERRORIST LEGISLATION

Have you lost track of the all the anti-terrorist and homeland security legislation--each bill identified by an acronym--and you could never remember what the acronym stood for? The following is an update on where the proposed legislation stands:

CAPPS II (Computer Assisted Passenger Pre-Screening System) had its funding blocked in January 2003 by Congress until eight safeguard and oversight requirements were met. In February 2004, the General Accounting Office reported that the Transportation Security Administration (TSA) had failed to resolve seven of the eight specific concerns.

Operation TIPS (Terrorist Information and Prevention System) was scheduled to be introduced as a pilot project in August 2002 and would have recruited one million volunteers in 10 cities across the country who would be encouraged to report suspicious terrorism-related activity. The program targeted volunteers like letter carriers and utility technicians who might recognize unusual events. Opposed by even the House Majority Leader, this project and a national ID program were removed from the legislation establishing the cabinet-level Homeland Security Department in November 2002.

TIA ([Total] Terrorist Information Awareness) was proposed in November 2002 to provide the infrastructure for what the government hoped would be the most extensive electronic surveillance system in history. In opposition, S. 188 was introduced by Senator Russell Feingold to impose a moratorium on the implementation of data-mining under the TIA program of the Department of Defense and any similar program of the Department of Homeland Security. S. 188 was referred to the Senate Committee on the Judiciary in November 2003.

MATRIX (Multi-state Anti-Terrorism Information Exchange) is a massive database of government records and possibly private sector records. MATRIX makes use of FACTS (Factual Analysis Criminal Threat Solutions), to integrate law enforcement data, motor vehicle files, corrections files, criminal history, and sex offender files so they can all be searched with one query. Due to privacy and financial concerns, state participation in the pilot MATRIX program is down to a handful of states.

A draft of the DSEA (Domestic Security Enhancement Act of 2003, also known as PATRIOT ACT II was released in January 2003 by the Department of Justice. Because of widespread opposition, no legislation was introduced, although features of the draft have been included in other proposed legislation.

CLEAR (Clear Law Enforcement for Criminal Alien Removal Act of 2003), H.R. 2671, provides for changes in Federal, State, and local enforcement of the immigration laws. State and local police are already authorized to enforce criminal laws (regardless of the immigration status of the accused) and to notify federal immigration agents about foreign nationals who have committed crimes. But because the CLEAR Act would involve state and local law enforcement in civil, not criminal, immigration issues, opponents have voiced concerns about the civil rights of immigrant communities, the possibility of widespread racial profiling, and the potential for the nationalization of local law enforcement. H.R. 2671 is in hearings with the Subcommittee on Immigration, Border Security, and Claims.

Benjamin Franklin True Patriot Act (H.R.3171) was introduced in September 2003. The bill provides for an appropriate review of recently enacted legislation relating to terrorism to assure that powers granted in it do not inappropriately undermine civil liberties. The bill was referred to several appropriate committees for consideration.

The SAFE Acts (Security and Freedom Ensured Acts) are supported by the LWVUS. S. 1709 amends the USA PATRIOT ACT to place reasonable limitations on the use of surveillance and the issuance of search warrants. H.R. 3352 strengthens protections of civil liberties in the exercise of the foreign intelligence surveillance authorities under Federal law. Both pieces of legislation address some of the library records issues. S. 1709 is with the Senate Committee on the Judiciary. H.R. 3352 was referred to the House Subcommittee on Crime, Terrorism, and Homeland Security in December 2003.