Nonprofit Organizations and Counterterrorism Measures

Study Commission or Thought Police?

A bill that would create a commission and research center on "violent radicalization" and "extremist belief systems" that can lead to homegrown terrorism has been quietly making its way through Congress, passing the House on Oct. 23. The American Civil Liberties Union (ACLU) and other groups are raising concerns that its vague definitions, broad mandate and minimal oversight could lead to ethnic profiling and censorship based on personal beliefs. The bill now moves to the Senate, although the Homeland Security and Governmental Affairs Committee has not yet scheduled a hearing.

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Scrutiny of Anti-Terrorism Watchlists Increases

Stirring up controversy and resentment, the United Nation's terrorist watchlist has led to the release of a critical report from Europe's leading human rights watchdog organization. U.S. watchlists have also caused controversy, including the massive no-fly list and the Specially Designated Nationals (SDN) list used to shut down charities. A recent hearing in the House Homeland Security Committee examined the extent to which U.S. watchlists infringe on the rights of innocent persons by maintaining inaccurate records and not addressing current security vulnerabilities.

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Senate Committee Hears GAO Testimony on New Report on Terrorist Watchlist

An October 2007 report from the Government Accountability Office (GAO) addresses lingering weaknesses in the Terrorist Screening Center (TSC) watchlist. GAO's report provides insight into what further actions can be taken by government agencies to enhance the accuracy of anti-terrorism screening efforts. The GAO report was released just as the Senate Homeland Security and Governmental Affairs Committee held a hearing on the reliability of the Terrorist Screening System.

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No Conviction, Mistrial for Holy Land Foundation

On Oct. 22, a federal jury in Texas deadlocked on all charges against the Holy Land Foundation (HLF) and most of the charges against five of its leaders. All were accused of supporting terrorism. The former board chair and endowment director, Mohammed el-Mezain, was acquitted of 31 of 32 charges against him, with the jury deadlocking on the remaining charge. The government has indicated that it will retry the case.

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Nonprofits Briefed on Myths and Facts of the Financial War on Terror

Nonprofits concerned with the impact of counterterrorism programs on charities were briefed on the larger context of the "financial war on terror" by Professor Ibrahim Warde, author of the new book The Price of Fear, at an Oct. 19 luncheon in Washington, DC. Warde argued that the series of financial crackdowns initiated by the U.S. government since the attacks of Sept. 11, 2001, have had virtually no impact on terrorism because they are based on a fundamental misconception of how terrorism works.

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Abstract: Humanitarianism and the Muslim World

This abstract summarizes the Journal of Humanitarian Assistance article Humanitarianism and the Muslim World, by Masood Hyder, who worked for the United Nations Food Programme (WFP) for over twenty years. The article points out that the majority of those receiving humanitarian assistance worldwide are Muslim. However, treating aid recipients as an undifferentiated mass has resulted in less effective aid delivery and further strained the West's relations with the Muslim world. The article sets forth the following arguments:

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Congress Misses Oversight Opportunity on Charities and Anti-Terrorist Financing Laws

Both houses of Congress have now approved S. 1612, a bill that expands penalties for violations of economic sanctions against countries like Iran and designated terrorist organizations. The bill also expands the scope of prohibited activity to include vaguely defined conspiracy and aiding and abetting language that could lead to unpredictable results for the unwary.

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Holy Land Jury Deliberates When Aid is Support for Terrorism

On Sept. 20, a Texas jury began deliberations on criminal charges of supporting terrorism brought against the Holy Land Foundation (HLF) and five of its leaders, nearly six years after the charity was shut down and its assets seized by the U.S. Department of Treasury. The two-month long trial was the first opportunity the charity had to hear the evidence against it and present evidence in its own defense. The government did not claim HLF provided direct support of Hamas or a terrorist group.

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USAID Temporarily Delays Implementation of Partner Vetting System

The U.S. Agency for International Development (USAID) has agreed to temporarily delay implementation of a new database, called the Partner Vetting System (PVS), that would "[ensure] that neither USAID funds nor USAID-funded activities inadvertently or otherwise provide support to entities or individuals associated with terrorism." Under the plan, initially announced on July 17, all nonprofits that apply for grants, contracts or other financial partnership with USAID would have to provide the government with highly detailed personal information about employees, executives, trustees, subcontractors and others associated with the organization. On July 20, USAID also proposed to exempt portions of the PVS database from the Privacy Act. USAID is accepting comment on the Privacy Act exemption until Sept. 18. Charities are actively objecting to this burdensome and unwarranted program in which thousands of nonprofit workers would have to be screened. USAID is moving forward with a pilot program for aid recipients working in the West Bank and the Gaza Strip before expanding it globally as first intended.

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House Hearing on Nonprofits Sees the Positive

The House Ways and Means Subcommittee on Oversight, led by Chairman John Lewis (D-GA), held a hearing July 24 on tax-exempt charitable organizations. Lewis praised charities and foundations, acknowledging they "make up the very fabric of our communities. They know the deepest human needs of our friends and neighbors and they know the solutions that work." Other members spoke positively about the work of nonprofits, referencing successful groups in their districts. The opening remarks of Rep.

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