9/11 bill prompts civil liberties groups, some Dems to warn of racial profiling

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9/11 bill prompts civil liberties groups, some Dems to warn of racial profiling
By Manu Raju
July 26, 2007

As Democratic leaders crowed Wednesday about nearing completion of a bill to implement the 9/11 Commission recommendations, some civil liberty advocates and lawmakers were furious that conferees slipped in language that they said could substantially increase racial profiling across the country.

The measure would grant liability protection for people who divulge information to authorities about possible terrorist actions. It was included in the conference report at the insistence of Republicans, with support from a key independent and some Democrats.

The final provision is not as far-reaching as previous versions. It would only apply to people giving information in good faith and would not protect those making false statements with “reckless disregard” for the truth, aides said.

The Senate could vote on final passage of a bicameral conference report by week’s end, followed by House action. The White House has voiced strong opposition to the measure but stopped short of a veto threat.

The provision was not included in either the original House or Senate version of the 9/11 bill, but it was included in a separate transit security bill that the House passed in March. That has irked some Democratic senators, who say the upper chamber has not had a chance to review the measure’s ramifications.

The so-called “John Doe” provision “has not had any committee review or hearings in the Senate and had not been in the original 9/11 bill, so its inadvertent effects had not been examined,” said an aide to Judiciary Chairman Patrick Leahy (D-Vt.). “Looking before legislating is important because court-stripping bills tend to be overly broad.”

Supporters dispute the suggestion that the measure would lead to racial profiling. As they argue, it would forbid someone to base his or her reporting strictly on the suspect’s looks and instead require a focus on the behavior of the suspected individual.

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http://thehill.com/leading-the-news/9/11-bill-prompts-civil-liberties-groups-some-dems-to-warn-of-racial-profiling-2007-07-26.html