[nonprof] Anti-Terrorism Bill Could Impact Nonprofits

Date: Thu, 25 Oct 2001 09:18:37 -0400

From: "Matt Carter" carterm@ombwatch.org>

To: "OMB Watch Nonprofit Issues" nonprof@lyris.ombwatch.org>

ANTI-TERRORISM BILL COULD IMPACT NONPROFITS

ANTI-TERRORISM BILL COULD IMPACT NONPROFITS

Congress is rushing through the "USA PATRIOT Act" (HR 3162) in a closed process that has taken place during the shut down for anthrax testing. The House approved the bill yesterday, and the Senate is expected to vote today. There will be no conference committee to reconcile differences, which were worked out behind closed doors. The final copy of the bill is not yet available to the public.

The version passed by the House yesterday could pose particular problems for nonprofits that advocate for changes in US foreign policy or provide social services to individuals that become targets of government investigations. The central problem is a vague, overbroad defintion of a new crime, "domestic terrorism". (The attacks of September 11th are crimes under current law, making this provision unnecessary.) Acts of political protest could be covered, and anyone that provides material support or harbors a person designated as a terrorist can be charged with a crime.

The bill gives the government broad powers to investigate for intelligence purposes, without requiring probable cause that a crime is involved. The Attorney General or Secretary of State could designate a group as a terrorist organization, making payment of dues by non-citizens a deportable offense and invoking authority to freeze financial accounts. There are no procedural safeguards to protect against a wrongful designation. Even if a group is not designated as a terrorist organization, the government could conduct secret searches of offices, wiretap phones, intercept electronic messages and seize records, computers and other items if it is investigating for "intelligence" purposes.

The ACLU has issued a statement saying "This broad new authority threatens to usher in a new age of investigation of Americans based on their political activities."

OMB Watch will post a detailed summary of the bill and its potential impact on nonprofits as soon as final information is available.

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Matt Carter, Public Affairs Liaison

OMB Watch

1742 Connecticut Ave, Washington, DC 20007

voice:(202) 234-8494 fax:(202) 234-5150