Post-Katrina Strategy - Legislative Response
TO: ACLU
FROM: Caroline Fredrickson
DATE: September 21, 2005
RE: Post-Katrina Strategy - Legislative Response
In addition to the post-Katrina strategy outlined in Anthony Romero’s email on September 19, 2005, the Washington Legislative Office is handling the federal legislative, administrative and regulatory fallout from Katrina. Numerous legislative proposals are in the pipeline that may have a dramatic effect on the civil rights and civil liberties of victims of Katrina. Some of these proposals may be part of a larger relief package that will be on the House and Senate floor next week. Some will handled as separate proposals in the coming weeks. Additionally, the Administration has also taken numerous actions that may raise serious civil liberties and civil rights concerns.
Currently our efforts are focused in the following areas:
Education and Religion: We are fighting the inclusion of an expansive federal education voucher provision and the expansion of faith-based and Charitable Choice initiatives (with broad repeals of civil rights protections) in the Katrina relief legislative package. We are also fighting a broad waiver of certain provisions of the McKinney-Vento Act for students displaced by the hurricane. The McKinney-Vento Act is a longstanding federal law, which among other things prohibits segregation of homeless students in elementary and secondary schools. There are certain provisions that should be waived to ensure quick access to the schools for children displaced by Katrina, and we do not oppose that piece of the waiver. We do, however, oppose the segregation of these children. These issues are being handled by Terri Schroeder in the DC Legislative Office.
Privacy: We are monitoring congressional and administration actions looking for any privacy issues that may arise, such as concerns regarding the medical records of displaced survivors and the identification necessary to receive benefits. These issues are being handled by Tim Sparapani in the DC Legislative Office.
Workers’ Rights: We are examining the Administration’s suspension of the Davis-Bacon Act, which requires federal contractors to pay workers “prevailing� wages. We are also examining the Department of Labor’s suspension of the requirement that first-time government contractors working on reconstruction efforts have an affirmative action plan addressing the employment of women, minorities and the disabled. LaShawn Warren and Debbie Vagins are handling these issues for the DC Legislative Office.
Voting Rights: We are looking at the Department of Justice’s offer to expedite the review of voting changes resulting from Katrina, which Louisiana, Mississippi and their subdivisions will submit for Section 5 review under the Voting Rights Act. LaShawn Warren and Debbie Vagins from the DC Legislative Office will be working on these issues in coordination with the Voting Rights Project.
Immigration: We are examining legislation intended to grant relief to victims of the hurricane whose immigration status may have been affected by the death of a family member or other sponsor, inability to file applications, or other hurricane-related circumstances. We are also monitoring the problems faced by many undocumented victims who are not only denied needed relief that their tax dollars supported, but also are, in some cases, facing deportation. Tim Edgar is monitoring these issues in the DC Legislative Office.
Emergency Powers: We are monitoring civil liberties issues raised by proposed legislation allowing indefinite delays for court deadlines in a disaster-affected area, which raise serious concerns where timely relief is needed to enforce constitutional rights. For example, we are concerned that broad authority to lift court deadlines could lead to an effective suspension of habeas corpus if the government were granted permission to delay, for weeks, months or indefinitely, filing a reply to an application for a writ of habeas corpus on behalf of a person being held without charge. We are also working with conservative allies to advocate against any proposed loosening of existing rules regarding the use of military troops to enforce the law. Tim Edgar and Lisa Graves are monitoring this for the DC Office.
The Washington Legislative Office will continue to monitor and address these and other upcoming legislative, administrative, and regulatory changes in order to ensure that the Administration and Congress do not twice victimize Katrina survivors.
Caroline Fredrickson
Director
Washington Legislative Office
American Civil Liberties Union
915 15th Street, NW
Washington, DC 20005-2313
202-675-2305