The Combined Federal Campaign (CFC), a program through which federal employees and military personnel contribute to non-profit organizations through payroll deductions, requires participating groups to certify that they do not “knowingly employ individuals or contribute funds to organizations found” on lists of “suspected terrorists.” These lists are compiled by the U.S. government, the United Nations, and the European Union.

Despite the ACLU’s stance against infringements of constitutional rights, it signed up in January to extend its participation in the federal program—to which it has been a part of since 1983—abiding to the CFC policy not to employ anyone listed on the watch lists.

ACLU executive director Anthony Romero told the New York Times July 31 that he had signed the certification in January, but was seeking clarification about its enforcement. Romero defended the decision saying that the ACLU was in compliance with the requirements “of not knowingly” employing anyone on the lists, because he had taken care not to know the listed names, reported the Times.

Mara Patermaster, the director of the government program, said that participating organizations are expected to make sure they are not supporting “terrorist” activities. “That would specifically include inspecting the lists,” said Patermaster, “to just sign a certification without corroboration would be a false certification.”

This new requirement, introduced last October, specifically calls for checking against three lists maintained by the Justice, State, and Treasury Departments, including one established by the USA Patriot Act, passed by Congress at the end of 2001. The ACLU has opposed the Patriot Act, which expanded domestic spying and attacks on political rights carried out by the government in the name of “fighting terrorism.”

“We have found in ACLU litigation regarding other watch lists that these are notoriously riddled with error,” and they violate the employees constitutional rights, said Romero in a statement July 31.

Romero said the organization is looking into what is the best course for challenging the CFC restriction in court.
 
 
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