Government Relations: Fighting Terrorism in a Free Society

By Mark F. Smith

First, as a result of the threat posed by anthrax spores being discovered in mail delivered to individual congressional offices, Congress closed its offices and suspended business for almost a week. That is something it did not do during any of the wars of the last century. Despite the disruptions, members responded with a flurry of legislative activity. To emphasize the uniqueness of the current situation, Thomas, the Library of Congress Web site, established a special page, titled "Legislation Related to the Attack of September 11, 2001," at <http://thomas.loc.gov/home/terrorleg.htm>.

The sheer volume of these bills and resolutions clearly diverted congressional attention from issues that had dominated the discussion prior to September 11. Much of the legislation proclaims congressional outrage at terrorism in general, while some bills deal specifically with military and security issues tied to the particular moment. Other bills, however, promise to affect higher education for some time to come.

For one thing, federal funding for other governmental programs will face a more limited pool of appropriations. In addition, some bills will specifically affect colleges and universities, as well as students and faculty.

The antiterrorism legislation passed in late October, the "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001," or the USA Patriot Act, includes provisions affecting students and institutions of higher learning. Despite generating concern among civil libertarians, the bill passed both houses of Congress overwhelmingly and was immediately signed by the president.

The new act allows law enforcement agencies to track students, monitor electronic communications, and restrict research. Specifically, it permits colleges and universities to disclose educational records to federal law enforcement officials, without the student’s consent and without making a record of the disclosure, by amending the Family Educational Rights and Privacy Act. Under the law, an assistant attorney general (or a higher-ranking official) would apply for a court order for records deemed "relevant to an authorized investigation . . . of domestic or international terrorism." The law also expands the ability of law enforcement to collect information about electronic communications or records on college or university servers. These provisions apply to faculty, staff, students, and, potentially, any "subscriber" or "customer" of a college or university service provider.

In addition, the new law restricts who can legitimately possess or transport biological agents or toxins in the course of research or "other suitable peaceful purpose." (This provision replaced a more restrictive measure passed by the House that would have prohibited foreign nationals from conducting such research unless they had specifically been cleared by the secretary of health and human services in consultation with the attorney general.) The law also allows increased access to data collected by the National Center for Education Statistics; expands use of electronic monitoring technologies such as the Carnivore system, which tracks Internet use; and increases restrictions against computer trespassers and hackers.

Provisions call for increased monitoring of foreign students. They parallel other proposals targeting such students, such as a six-month moratorium on student visas, increased background checks on student visa applicants, elimination of student visas from countries on the U.S. State Department’s list of countries that sponsor terrorism, and enhanced tracking of foreign students, including requirements that educational institutions notify the U.S. Immigration and Naturalization Service when foreign students do not show up for class. In late October, the president advanced his own proposal to tighten immigration, specifically citing abuses in student visas. The administration’s proposal highlights enhanced identification technology, including fingerprints, palm prints, and other biometrics.

In a time when emotions are running high because of international tension, free inquiry and academic freedom are more important than ever. While Congress understandably reacts to the events of September 11, the Association’s attention must focus on maintaining openness for teaching and research.

Mark Smith is AAUP director of government relations.

 Printer-Friendly Page