American Civil Liberties Union

Videotaping Detainee Interrogations

On June 25, 2009, the House passed, by a vote of 224-193, an anti-torture amendment offered by Representative Rush Holt (D-NJ) to the National Defense Authorization Act (H.R. 2647) that would require the recording and retention of videos of interrogations of persons under the control of the Department of Defense, or being held at Defense Department facilities. The amendment would bring interrogations into line with recommended best practices for both military and law enforcement interrogations, increasing accountability for compliance with the McCain Anti-Torture Amendment, President Obama's Executive Order prohibiting torture and abuse, the Army Field Manual on Interrogations and other federal anti-torture laws and treaties. The ACLU supported the Holt Amendment because it takes important and needed steps in returning accountability and the rule of law to the federal government's interrogation and detention policies.

Support

Agreed To

Repeal of "Don't Ask, Don't Tell"

On May 27, 2010, the House passed, by a vote of 234-194, an amendment offered by Representative Patrick Murphy (D-PA) to the National Defense Authorization Act (H.R. 5136) that eliminates the statutory ban on gay and lesbian service members serving openly in the armed forces ("Don't Ask, Don't Tell"). The amendment would allow for repeal of the policy after the completion of a Pentagon review about how best to implement the change and following certification by the President, Secretary of Defense and the Chairman of the Joint Chiefs of Staff that the new law will not have a negative impact on readiness, recruitment, retention, and other key factors affecting the military. The ACLU supported the Murphy Amendment because "Don't Ask, Don't Tell," which is both discriminatory and counterproductive, has served to undermine our military and is a disservice to the millions of men and women who serve in it with pride and distinction.

Support

Agreed To

Reauthorization of Patriot Act Provisions

On February 25, 2010, the House passed, by a vote of 315 to 97, a bill (H.R. 3961) that reauthorizes expiring provisions of the USA Patriot Act and the Intelligence Reform and Terrorism Prevention Act until February 28, 2011. In particular, the legislation reauthorizes the John Doe roving wiretap provision, Section 215 or the "library records" provision and the never before used "lone wolf" provision. The legislation reauthorized these provisions without making any amendments to protect Americans' privacy rights. The ACLU opposed this legislation because it contained no privacy or civil liberties safeguards despite a well-documented record of abuses of Patriot Act authorities by the government.

Oppose

Passed

Prosecuting Hate Crimes

On April 29, 2009, the House passed the Local Law Enforcement Hate Crimes Prevention Act of 2009 (H.R. 1913) by a vote of 249 to 175. The ACLU supported this legislation because it would expand the federal criminal civil rights statute to punish violent acts committed against a person because of his or her sexual orientation, gender identity, gender or disability. It also included important First Amendment free speech and association protections by prohibiting the use of evidence of a person's speech or membership to prove the crime unless the evidence was specifically related to the violent offense. These would be the strongest protections against the misuse of a person's exercise of free speech rights that Congress has ever enacted as part of the federal criminal code.

Support

Passed

Prohibiting Funding of Syringe Exchange Programs

On Friday, July 24, 2009, the House defeated an amendment offered by Representative Mark Souder (R-IN) to the FY 2010 Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act (H.R. 3293) by a vote of 211-218. The Souder Amendment would have prohibited federal funds from being used to support syringe exchange programs. The ACLU opposed the Souder Amendment as a rejection of evidence-based science, which would have harmful consequences for public health. Every scientific study of needle exchange programs has concluded that access to sterile injection equipment is a proven way to reduce the spread of deadly, infectious blood-borne diseases like HIV/AIDS and hepatitis C.

Oppose

Failed

Paycheck Fairness Act - Motion to Recommit

On January 9, 2009, the House defeated a motion to recommit the Paycheck Fairness Act (H.R. 12) by a vote of 240 to 178. The ACLU opposed the motion to recommit, which would have placed a cap on the attorneys' fees a prevailing plaintiff could receive under the Equal Pay Act. The Paycheck Fairness Act is intended to strengthen the Equal Pay Act, not limit the ability of those suffering pay discrimination to get the legal help necessary to ensure they receive their rightfully earned wages.

Oppose

Failed

Paycheck Fairness Act

On January 9, 2009, the House passed the Paycheck Fairness Act (H.R. 12) by a vote of 256 to 163. The ACLU supported this legislation, which would amend the Equal Pay Act, one of the most important laws addressing pay discrimination. In particular, it would strengthen the Act by requiring employers to demonstrate that wage differences among employees, who hold the same position and do the same work, stem from factors other than sex; strengthening penalties for violations; bolstering the Equal Employment Opportunity Commission's (EEOC) ability to handle pay discrimination cases; and requiring the EEOC to develop regulations directing employers to collect wage data of employees, reported by race, sex and national origin.

Support

Passed

Obstructing the Transfer of Detainees to Federal Criminal Courts

On November 17, 2009, the Senate voted to table, thus defeating, an amendment offered by Senator James Inhofe (R-OK) to the FY 2010 Military Construction, Veterans' Affairs, and Related Agencies Appropriations Act (H.R. 3082) by a vote of 57-43. The Inhofe Amendment would have prohibited the Department of Defense from using funds under the bill to modify or construct any facilities in the U.S. to hold any of the Guantanamo detainees, including any detainees charged, tried or convicted in Article III federal criminal courts. The ACLU opposed the Inhofe Amendment because it would have set a dangerous precedent in restricting the ability of the U.S. to prosecute suspected terrorists in federal courts in a manner that comports with human rights standards and the rule of law.

Support

Agreed To

Mandating the Use of a Flawed Employment Verification Database

On July 8, 2009, the Senate defeated, by a vote of 44-53, a motion to table (i.e. kill) an amendment to the FY 2010 Department of Homeland Security Appropriations Act (H.R. 2892) offered by Senator Sessions (R-AL). The amendment sought to make the current temporary E-Verify program permanent and mandate its use for all federal contractors and subcontractors. The ACLU opposed the Sessions Amendment and supported the motion to table it because of numerous, well-documented errors in the E-Verify program threatening the employment of thousands of U.S. citizens and lawful immigrant workers. Additionally, rather than taking positive steps toward solving our nation's immigration issues, the Sessions Amendment would exacerbate an already difficult situation faced by U.S. workers and employers struggling to make ends meet during the current economic recession. The ACLU called for a 'YES' vote in favor of the motion to kill the amendment.

Support

Failed

Limiting Women's Access to Abortion Coverage (Senate)

On December 8, 2009, the Senate voted to table, thus defeating, an amendment offered by Senators Ben Nelson (D-NE) and Orrin Hatch (R-UT) to the Patient Protection and Affordable Care Act of 2009 (S.A. 2786 to H.R. 3590) by a vote of 54-45. The Nelson-Hatch Amendment would prohibit federal subsidies from going to any private insurance plan operating in the proposed heath care exchange that offers coverage for abortion and prohibits the proposed public plan from offering abortion care even if only private dollars are utilized. The ACLU opposed the Nelson-Hatch Amendment because it would impose unprecedented restrictions on women's access to abortion and could take away abortion coverage from women who already have it.

Support

Agreed To