Congressional oversight

On May 26, 2010 the first Congressional oversight hearing since 9/11 looked at the impact of anti-terrorist financing enforcement policies on the U.S. charitable sector. A Department of Treasury (Treasury) official acknowledged that the laws aimed at stopping terrorist financing have hurt charitable programs. Witnesses from the U.S. nonprofit sector explained the negative impacts on legitimate charities and the chilling effect of Treasury’s authority to shut down organizations without independent oversight or due process. The hearing, Anti-Money Laundering: Blocking Terrorist Financing and Its Impact on Lawful Charities, was held by the House Financial Services Subcommittee on Oversight and Investigations.  

On May 20, 2007 the Senate Homeland Security and Governmental Affairs Committee held a hearing on "Violent Islamist Extremism: Government Efforts to Defeat It." Chip Poncy, the Director of the Department of Treasury's Office of Strategic Policy, for Terrorist Financing and Financial Crimes, testified about counter-terrorist financing strategy and explained outreach efforts to engage the Muslim and charitable communities. Mr. Poncy's characterization of Treasury's relationship with the charitable sector reflects a great disconnect between the Treasury's claims of a "close" relationship and "extensive consultation" and the fact that the charitable sector has asked for the withdrawal of the "U.S. Department of the Treasury Anti-Terrorist Financing Guidelines: Voluntary Best Practices for U.S.-Based Charities."

On Oct. 29, 2009, 20 advocacy organizations signed a joint-letter applauding House members who are sponsoring a bill that would rein in controversial provisions of the Patriot Act. Introduced in the House of Representatives on Oct. 20, The USA Patriot Amendments Act of 2009 (H.R 3845) would limit broad surveillance powers used by government agencies for conducting investigations. The letter also recommends amending the bill to expand the exemption of humanitarian aid under the prohibition of material support of terrorism, and urged House members “to reject efforts to weaken the bill.”  The House Judiciary Committee will consider the bill on Nov. 4. 

After hearing testimony on why the application of the executive state secret privilege needs to curtailed, a House subcommittee passed the State Secret Protection Act, but limited some appeals, and sent it to the Judiciary Committee for further consideration. Debate over a similar bill in the Senate has been repeatedly postponed.  

Reclaiming Patriotism: A Call to Reconsider the Patriot Act was published by the ACLU on March 11, 2009. It urges Congress and the public to take advantage of the opportunity created by the expiration of three surveillance provisions in December 2009 to "thoroughly evaluate all Patriot Act authorities –as well as any other post 9/11 domestic intelligence programs – and to rescind, repeal or modify provisions that are unused, ineffective or prone to abuse." The report cites surveillance programs and the overbroad definition of material support of terrorism, which inhibits legitimate charitable work, as primary provisions for review and revision. It also makes specific recommendations for reform.