Re: Restrictions on Total Information Awareness and Special Registration Funding in H.J. Res. 2, the Omnibus Appropriations Bill
Dear Conference Committee Member:
On behalf of the American Civil Liberties Union and its 330,000 members, we strongly urge you to support provisions contained in the Senate version of H.J. Res. 2, the Omnibus Appropriations Bill for FY2003 that restrict funding for two programs damaging to civil liberties. This money would be better spent on effective anti-terrorism and homeland security programs that do not have an adverse impact on civil liberties.
Restrictions on ""Total Information Awareness"" Super-Snoop Program
The Senate version of H.J. Res. 2 includes Amendment No. 59, sponsored by Senator Wyden (D-OR), limiting deployment for the Defense Department's ""Total Information Awareness"" (TIA) program and requiring a report to Congress. This amendment is a moderate but crucial first step to protecting the civil liberties and privacy of innocent people inside the United States.
The ACLU supports retaining the amendment as passed by the Senate in the final conference report. According to the limited information available about the program, TIA would put the details of Americans' daily lives under the scrutiny of government agents, opening the door to a massive domestic surveillance system. TIA programs would mine vast amounts of information about innocent people stored in government and private electronic databases, tracking everything from ATM withdrawals to Internet usage to medical records. And, according to information Senator Grassley obtained from the Defense Department's Inspector General, the Pentagon is already working with the FBI to plot the use of TIA programs for domestic surveillance and law enforcement.
The Wyden amendment is a vital check on the Pentagon's unilateral actions to develop and implement a massive domestic surveillance tool. Strong congressional oversight is crucial in these circumstances.
Special Registration for Certain Non-Citizens of Predominantly Muslim Countries
The Senate version of H.J. Res. 2 includes an amendment, sponsored by Senators Kyl, Kennedy, McCain, Feinstein and Feingold, that suspends funding for a controversial program that requires registration, fingerprinting and (at the discretion of the government) extensive and highly intrusive questioning under oath of non-citizens from a large and growing list of countries that now comprises much of the Arab and Muslim world.
The ACLU opposes this program. Special registration has provoked serious controversy in its implementation, appearing to serve mainly as a pretext for mass detentions of citizens of mostly Arab and Muslim countries who were specially ""called in"" to register, raising massive confusion and alarm among those communities and alienating them at a time we need them to work with the government in the fight against terror. Serious problems include a lack of adequate notice and publicity concerning the requirements, conflicting and often inaccurate advice given to individuals required to register, and inconsistent policies concerning the detention of individuals with pending status adjustment applications. At the very least, these problems require a suspension in funding pending an adequate Congressional investigation.
As a result of these and other problems, special registration has caused serious friction with friendly nations whose citizens are added to the list, including Pakistan, a major United States ally in the fight against terrorism, and has become an international political football, as countries lobby to stay off the list. Special registration, which was strongly opposed by the State Department, has undermined United States efforts to improve its image in the Arab world, contributing to a decision to sharply limit a planned campaign in those countries to portray the United States in a positive light. Finally, special registration has diverted scarce INS enforcement and other dollars and resources away from other critical missions.
Criminals and other dangerous individuals can and should be apprehended at the border through the existing inspections process. Suspending special registration would not interfere with efforts to improve inspections. Rather, it would focus border security dollars on effective programs, and not on this controversial and ineffective program.
Thank you for your consideration of these matters.
Sincerely,
Laura W. Murphy
Director
Washington National Office
Timothy Edgar
Legislative Counsel
Katie Corrigan
Legislative Counsel