DHS Passenger Scoring Illegal?

suman28 writes: "Wired has an article talking a little more in depth about how the risk scores assigned to passengers may be illegal according to Congress, which explicitly stated that "None of the funds provided in this or previous appropriations Acts may be utilized to develop or test algorithms assigning risk to passengers whose names are not on government watch lists." Yet the government is insisting that all of it is legal and they have positively identified 4801 suspected terrorists. Scared? Well, make your opinion count by using docket number DHS-2006-0060."