Posted on 07/19/2002 5:42:16 AM PDT by robowombat
Security bill loses ID card, TIPS Ellen Sorokin THE WASHINGTON TIMES
Published 7/19/2002
House Majority Leader Dick Armey, in his markup of legislation to create a Homeland Security Department, yesterday rejected a national identification card and scrapped a program that would use volunteers in domestic surveillance. Mr. Armey, chairman of the House Select Committee on Homeland Security, included language in his markup of the legislation to prohibit the Justice Department from initiating the Terrorism Information and Prevention System, also called Operation TIPS.
Mr. Armey's bill also would create a "privacy officer" in the Homeland Security Department, which he said was the first ever established by law in a Cabinet agency. Mr. Armey said this person would "ensure technology research and new regulations from the department respect the civil liberties our citizens enjoy."
The TIPS program would have allowed volunteers, including letter carriers and utility workers whose routines make them well-positioned to recognize suspect activities, to report suspect behavior to the Justice Department. It was scheduled to begin next month in 10 cities, with 1 million informants initially participating in the program.
"Mr. Armey believes there are other and better ways to involve citizens in the protection of the homeland," said Richard Diamond, the congressman's press secretary. "There are traditional ways of pitching in, helping out, like becoming a volunteer firefighter." The 216-page bill, sponsored by Mr. Armey, Texas Republican, also bars the creation of national identification cards, despite President Bush's support for them. "Authority to design and issue these cards shall remain with the states," Mr. Armey said. In addition, the bill would indefinitely postpone a Dec. 31 deadline for airports to screen checked bags for explosives and would give immunity from lawsuits to some technology companies involved in national security.
Since the announcement earlier this week of its creation, Operation TIPS has attracted criticism from across the political spectrum. Supporters argued that the program is aimed at encouraging people with certain jobs — those that take them into neighborhoods — to watch for suspect activity.
Attorney General John Ashcroft's spokeswoman, Barbara Comstock, said the agency had no intention for people to enter or have access to people's homes. The idea is to organize information from people whose jobs take them through neighborhoods, Ms. Comstock said. Homeland Security Director Tom Ridge also defended the program. "The last thing we want is Americans spying on Americans," he said. "That's just not what the president is all about, and not what the TIPS program is all about." But civil rights groups, such as the American Civil Liberties Union and the conservative Rutherford Institute, said Operation TIPS could turn ordinary citizens into "government-sanctioned peeping Toms." The U.S. Postal Service also said this week that it would not allow letter carriers to be involved with the program.
Yesterday, the groups praised Mr. Armey's decision. "Majority Leader Armey has taken a courageous step in insisting that we protect our privacy in the fight against terror," said Rachel King, an ACLU legislative counsel. "There is no place in America for either an internal passport or for utility workers and cable technicians to become government-sanctioned peeping Toms."
Democrats also applauded the move. "I think they did a good job on the privacy issues," said House Minority Whip Nancy Pelosi of California, who also is a member of the select committee. The House Select Committee on Homeland Security is likely to alter the measure when it is considered today, as is the full House when it reaches the floor next week. Overall, the bill would give Mr. Bush much of the huge new Cabinet agency he requested to safeguard Americans from terrorism at home.
The Senate has finished hearings on the new department but is not expected to take up the issue for a few weeks. The proposal to delay indefinitely the Dec. 31 deadline for all checked airline bags to be screened for explosives drew immediate fire from Rep. James L. Oberstar, Minnesota Democrat and ranking member on the House Transportation and Infrastructure Committee.
In a letter to colleagues, Mr. Oberstar said the new Transportation Security Administration, which would become part of the Homeland Security Department under Mr. Armey's bill, repeatedly has assured Congress that it can meet the deadline. "Although this deadline is demanding, it is not impossible," Mr. Oberstar wrote, noting that the law allows each airport to set a new, unlimited deadline if the Dec. 31 date cannot be met.
Republican leaders and Democrats also continued to negotiate whether to give Mr. Bush flexibility in making personnel decisions, which the president said he needs to respond quickly to terrorist threats. Opponents say it could wreck civil service workers' protections and undermine unions collective bargaining. Key lawmakers also reached an agreement with the White House to give Mr. Bush some authority to transfer up to 2 percent of the money in the Homeland Security Department budget for two years, with some strings attached, instead of the 5 percent discretionary power he had sought. • This article is based in part on wire service reports.
Copyright © 2002 News World Communications, Inc. All rights reserved.
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As for the TIPS shoot down, great. AS for the national ID, Army knows as well as I do the states are networking to make that unnecessary.
You can't do anything without your DL and SS# these days.
I think it means the government got the picture that they are going to have to be a little more subversive to make their plans work. There are still some things even the most conditioned among us won’t stand for.
http://thomas.loc.gov/cgi-bin/query/D?c107:3:./temp/~c107fqZidh:e2915:
H.R.5005 Homeland Security Act of 2002 (Introduced in House)
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE- This Act may be cited as the `Homeland Security Act of 2002'.
(b) TABLE OF CONTENTS- The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Construction; severability. Sec. 4. Effective date.
TITLE I--DEPARTMENT OF HOMELAND SECURITY Sec. 101. Executive department ; mission. Sec. 102. Secretary; functions. Sec. 103. Other officers.
TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION Sec. 201. Under Secretary for Information Analysis and
Infrastructure Protection. Sec. 202. Functions transferred. Sec. 203. Access to information. Sec. 204. Information voluntarily provided.
TITLE III--CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR COUNTERMEASURES Sec. 301. Under Secretary for Chemical, Biological, Radiological, and Nuclear Countermeasures. Sec. 302. Functions transferred. Sec. 303. Conduct of certain public health-related activities. Sec. 304. Military activities.
TITLE IV--BORDER AND TRANSPORTATION SECURITY Sec. 401. Under Secretary for Border and Transportation Security . Sec. 402. Functions transferred. Sec. 403. Visa issuance.
TITLE V--EMERGENCY PREPAREDNESS AND RESPONSE Sec. 501. Under Secretary for Emergency Preparedness and Response. Sec. 502. Functions transferred. Sec. 503. Nuclear incident response. Sec. 504. Definition. Sec. 505. Conduct of certain public health-related activities.
TITLE VI--MANAGEMENT Sec. 601. Under Secretary for Management. Sec. 602. Chief Financial Officer. Sec. 603. Chief Information Officer.
TITLE VII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; UNITED STATES SECRET SERVICE; GENERAL PROVISIONS Subtitle A--Coordination With Non-Federal Entities Sec. 701. Responsibilities. Subtitle B--Inspector General Sec. 710. Authority of the Secretary. Subtitle C--United States Secret Service Sec. 720. Functions transferred. Subtitle D--General Provisions Sec. 730. Establishment of human resources management system. Sec. 731. Advisory committees. Sec. 732. Acquisitions; property. Sec. 733. Reorganization; transfer. Sec. 734. Miscellaneous provisions. Sec. 735. Authorization of appropriations.
TITLE VIII--TRANSITION Sec. 801. Definitions. Sec. 802. Transfer of agencies. Sec. 803. Transitional authorities. Sec. 804. Savings provisions. Sec. 805. Terminations. Sec. 806. Incidental transfers.
TITLE IX--CONFORMING AND TECHNICAL AMENDMENTS Sec. 901. Inspector General Act. Sec. 902. Executive schedule. Sec. 903. United States Secret Service. Sec. 904. Coast Guard. Sec. 905. Strategic national stockpile and smallpox vaccine development. Sec. 906. Select agent registration. Sec. 907. National Bio-Weapons Defense Analysis Center.
SEC. 2. DEFINITIONS. Unless the context clearly indicates otherwise, the following shall apply for purposes of this Act:
(1) The term `American homeland' or `homeland' means the United States, in a geographic sense.
(2) The term `assets' includes contracts, facilities, property, records, unobligated or unexpended balances of appropriations, and other funds or resources (other than personnel).
(3) The term `Department' means the Department of Homeland Security .
(4) The term `emergency response providers' includes Federal, State, and local government emergency public safety, law enforcement, emergency response, emergency medical, and related personnel, agencies, and authorities.
(5) The term `executive agency' means an executive agency and a military department , as defined, respectively, in sections 105 and 102 of title 5, United States Code.
(6) The term `functions' includes authorities, powers, rights, privileges, immunities, programs, projects, activities, duties, responsibilities, and obligations.
(7) The term `local government' has the meaning given in section 102(6) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288).
(8) The term `major disaster' has the meaning given in section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288).
(9) The term `personnel' means officers and employees.
(10) The term `Secretary' means the Secretary of Homeland Security .
(11) The term `United States', when used in a geographic sense, means any State (within the meaning of section 102(4) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288)), any possession of the United States, and any waters within the jurisdiction of the United States.
SEC. 3. CONSTRUCTION; SEVERABILITY. Any provision of this Act held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed so as to give it the maximum effect permitted by law, unless such holding shall be one of utter invalidity or unenforceability, in which event such provision shall be deemed severable from this Act and shall not affect the remainder thereof, or the application of such provision to other persons not similarly situated or to other, dissimilar circumstances.
SEC. 4. EFFECTIVE DATE. This Act shall take effect thirty days after the date of enactment or, if enacted within thirty days before January 1, 2003, on January 1, 2003.
TITLE I--DEPARTMENT OF HOMELAND SECURITY SEC. 101. EXECUTIVE DEPARTMENT ; MISSION.
(a) ESTABLISHMENT- There is established a Department of Homeland Security , as an executive department of the United States within the meaning of title 5, United States Code.
(b) MISSION- (1) The primary mission of the Department is to-- (A) prevent terrorist attacks within the United States; (B) reduce the vulnerability of the United States to terrorism; and (C) minimize the damage, and assist in the recovery, from terrorist attacks that do occur within the United States.
(2) In carrying out the mission described in paragraph (1), and as further described in this Act, the Department's primary responsibilities shall include-- (A) information analysis and infrastructure protection; (B) chemical, biological, radiological, nuclear, and related countermeasures; (C) border and transportation security ; (D) emergency preparedness and response; and (E) coordination (including the provision of training and equipment) with other executive agencies, with State and local government personnel, agencies, and authorities, with the private sector, and with other entities.
(3) The Department shall also be responsible for carrying out other functions of entities transferred to the Department as provided by law.
SEC. 102. SECRETARY; FUNCTIONS.
(a) SECRETARY- (1) There is a Secretary of Homeland Security , appointed by the President, by and with the advice and consent of the Senate.
(2) The Secretary is the head of the Department and shall have direction, authority, and control over it.
(3) All functions of all officers, employees, and organizational units of the Department are vested in the Secretary.
(b) FUNCTIONS- The Secretary--
(1) may delegate any of his functions to any officer, employee, or organizational unit of the Department ;
(2) may promulgate regulations hereunder; and
(3) shall have such functions, including the authority to make contracts, grants, and cooperative agreements, and to enter into agreements with other executive agencies, as may be necessary and proper to carry out his responsibilities under this Act or otherwise provided by law.
SEC. 103. OTHER OFFICERS.
(a) DEPUTY SECRETARY; UNDER SECRETARIES- To assist the Secretary in the performance of his functions, there are the following officers, appointed by the President, by and with the advice and consent of the Senate:
(1) A Deputy Secretary of Homeland Security , who shall be the Secretary's first assistant for purposes of chapter 33, subchapter 3, of title 5, United States Code.
(2) An Under Secretary for Information Analysis and Infrastructure Protection.
(3) An Under Secretary for Chemical, Biological, Radiological, and Nuclear Countermeasures.
(4) An Under Secretary for Border and Transportation Security .
(5) An Under Secretary for Emergency Preparedness and Response.
(6) An Under Secretary for Management.
(7) Not more than six Assistant Secretaries.
(b) INSPECTOR GENERAL- To assist the Secretary in the performance of his functions, there is an Inspector General, who shall be appointed as provided in section 3(a) of the Inspector General Act of 1978.
(c) COMMANDANT OF THE COAST GUARD- To assist the Secretary in the performance of his functions, there is a Commandant of the Coast Guard, who shall be appointed as provided in section 44 of title 14, United States Code.
(d) OTHER OFFICERS- To assist the Secretary in the performance of his functions, there are the following officers, appointed by the President:
(1) A General Counsel, who shall be the chief legal officer of the Department .
(2) Not more than ten Assistant Secretaries.
(3) A Director of the Secret Service.
(4) A Chief Financial Officer.
(5) A Chief Information Officer.
(e) PERFORMANCE OF SPECIFIC FUNCTIONS- Subject to the provisions of this Act, every officer of the department shall perform the functions specified by law for his office or prescribed by the Secretary.
TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION
SEC. 201. UNDER SECRETARY FOR INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION. In assisting the Secretary with the responsibilities specified in section 101(b)(2)(A), the primary responsibilities of the Under Secretary for Information Analysis and Infrastructure Protection shall include--
(1) receiving and analyzing law enforcement information, intelligence, and other information in order to understand the nature and scope of the terrorist threat to the American homeland and to detect and identify potential threats of terrorism within the United States;
(2) comprehensively assessing the vulnerabilities of the key resources and critical infrastructures in the United States;
(3) integrating relevant information, intelligence analyses, and vulnerability assessments (whether such information, analyses, or assessments are provided or produced by the Department or others) to identify protective priorities and support protective measures by the Department , by other executive agencies, by State and local government personnel, agencies, and authorities, by the private sector, and by other entities;
(4) developing a comprehensive national plan for securing the key resources and critical infrastructures in the United States;
(5) taking or seeking to effect necessary measures to protect the key resources and critical infrastructures in the United States, in coordination with other executive agencies and in cooperation with State and local government personnel, agencies, and authorities, the private sector, and other entities;
(6) administering the Homeland Security Advisory System, exercising primary responsibility for public threat advisories, and (in coordination with other executive agencies) providing specific warning information to State and local government personnel, agencies, and authorities, the private sector, other entities, and the public, as well as advice about appropriate protective actions and countermeasures; and
(7) reviewing, analyzing, and making recommendations for improvements in the policies and procedures governing the sharing of law enforcement, intelligence, and other information relating to homeland security within the Federal Government and between such government and State and local government personnel, agencies, and authorities.
SEC. 202. FUNCTIONS TRANSFERRED. In accordance with title VIII, there shall be transferred to the Secretary the functions, personnel, assets, and liabilities of the following entities--
(1) the National Infrastructure Protection Center of the Federal Bureau of Investigation (other than the Computer Investigations and Operations Section), including the functions of the Attorney General relating thereto;
(2) the National Communications System of the Department of Defense, including the functions of the Secretary of Defense relating thereto;
(3) the Critical Infrastructure Assurance Office of the Department of Commerce, including the functions of the Secretary of Commerce relating thereto;
(4) the Computer Security Division of the National Institute of Standards and Technology, including the functions of the Secretary of Commerce relating thereto;
(5) the National Infrastructure Simulation and Analysis Center of the Department of Energy, including the functions of the Secretary of Energy relating thereto; and
(6) the Federal Computer Incident Response Center of the General Services Administration, including the functions of the Administrator of General Services relating thereto.
SEC. 203. ACCESS TO INFORMATION. The Secretary shall have access to all reports, assessments, and analytical information relating to threats of terrorism in the United States and to other areas of responsibility described in section 101(b), and to all information concerning infrastructure or other vulnerabilities of the United States to terrorism, whether or not such information has been analyzed, that may be collected, possessed, or prepared by any executive agency, except as otherwise directed by the President. The Secretary shall also have access to other information relating to the foregoing matters that may be collected, possessed, or prepared by an executive agency, as the President may further provide. With respect to the material to which the Secretary has access under this section--
(1) the Secretary may obtain such material by request, and may enter into cooperative arrangements with other executive agencies to share such material on a regular or routine basis, including requests or arrangements involving broad categories of material;
(2) regardless of whether the Secretary has made any request or entered into any cooperative arrangement pursuant to paragraph (1), all executive agencies promptly shall provide to the Secretary-- (A) all reports, assessments, and analytical information relating to threats of terrorism in the United States and to other areas of responsibility described in section 101(b); (B) all information concerning infrastructure or other vulnerabilities of the United States to terrorism, whether or not such information has been analyzed; (C) all information relating to significant and credible threats of terrorism in the United States, whether or not such information has been analyzed, if the President has provided that the Secretary shall have access to such information; and (D) such other material as the President may further provide; and
(3) the Secretary shall ensure that any material received pursuant to this section is protected from unauthorized disclosure and handled and used only for the performance of official duties, and that any intelligence information shared under this section shall be transmitted, retained, and disseminated consistent with the authority of the Director of Central Intelligence to protect intelligence sources and methods under the National Security Act and related procedures or, as appropriate, similar authorities of the Attorney General concerning sensitive law enforcement information.
SEC. 204. INFORMATION VOLUNTARILY PROVIDED. Information provided voluntarily by non-Federal entities or individuals that relates to infrastructure vulnerabilities or other vulnerabilities to terrorism and is or has been in the possession of the Department shall not be subject to section 552 of title 5, United States Code.
TITLE III--CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR COUNTERMEASURES
SEC. 301. UNDER SECRETARY FOR CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR COUNTERMEASURES. In assisting the Secretary with the responsibilities specified in section 101(b)(2)(B), the primary responsibilities of the Under Secretary for Chemical, Biological, Radiological, and Nuclear Countermeasures shall include--
(1) securing the people, infrastructures, property, resources, and systems in the United States from acts of terrorism involving chemical, biological, radiological, or nuclear weapons or other emerging threats;
(2) conducting a national scientific research and development program to support the mission of the Department , including developing national policy for and coordinating the Federal Government's civilian efforts to identify, devise, and implement scientific, technological, and other countermeasures to chemical, biological, radiological, nuclear, and other emerging terrorist threats, including directing, funding, and conducting research and development relating to the same;
(3) establishing priorities for, directing, funding, and conducting national research, development, and procurement of technology and systems-- (A) for preventing the importation of chemical, biological, radiological, nuclear, and related weapons and material; and (B) for detecting, preventing, protecting against, and responding to terrorist attacks that involve such weapons or material; and
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