By Matt Korade, CQ Staff

Rep. Jane Harman and the American Civil Liberties Union are still on speaking terms, but neither side likes what the other is saying.

The seven-term California Democrat sent a blistering letter to the ACLU on Wednesday in which she criticized the organization for offering revisions to legislation Harman sponsored (HR 1955) that would create a commission to study homegrown terrorism — while saying it probably couldn’t support the measure even if the changes were made.

The ACLU says the legislation includes potentially unconstitutional limitations on free speech and beliefs.

“This makes me wonder why you took the time to suggest changes (which are in addition to changes you proposed and that were largely incorporated into HR 1955 in March) — and, frankly, whether anything I and committee members have been saying for months is being heard,” wrote Harman, who chairs the House Homeland Security Subcommittee on Intelligence, Information Sharing and Terrorism Risk Assessment.

The director of the ACLU’s legislative office, Caroline Fredrickson, said the primary objection rests on the legislation’s definition of radicalization.

“It defines violent radicalization as ‘the adoption or promotion of an extremist belief system,’ and that is way too close to thought police for our comfort and for the comfort of many Americans,” she said.

Instead, Fredrickson said, the bill should read “intentionally aiding and abetting” violent radicalization, “because otherwise you’re really looking at what someone’s thought processes are, what their ideology is, and not what they’re doing.”

Fredrickson also criticized the bill’s mention of the Internet as a potent weapon in the spread of violent extremism.

“If Congress finds that the Internet is dangerous, it seems very likely that there would be a proposal that would follow on from this legislation that would restrict access to the Internet,” she said.

The legislation, which the House passed Oct. 23 by a vote of 404-6, would create a 10-member commission to study how domestic terrorism takes root and offer suggestions on its prevention to the president and Congress.

A related Senate bill (S 1959) by Maine Republican Susan Collins has seen no action.

The House bill would establish a university-based “center of excellence” to educate and provide training materials on domestic terrorism to homeland security officials across the government. The center also would conduct investigations and original research into the social and psychological dynamics of the problem.

The legislation would cost $22 million over five years, the Congressional Budget Office estimated.

Harman defended the measure and dismissed Fredrickson’s concerns as unfounded.

“HR 1955 is not about interfering with speech or belief,” Harman said. “The hearing record makes that abundantly clear. Radical speech, as I have said repeatedly, is protected under our Constitution.”

Fredrickson, whose office has been engaged with Harman’s on the issue for the past year, said any commission that could have a significant impact on public policy and would be paid for with taxpayer dollars should be better thought out.

“It’s not sort of a toothless tiger,” she said. “It’s a tiger.”

Matt Korade can be reached at mkorade@cq.com.