IACP Capitol Report. President Sends Congress Legislation to Create New Dept. of Homeland Security

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1 IACP Capitol Report Volume 1, Issue 10 June 20, 2002 President Sends Congress Legislation to Create New Dept. of Homeland Security On Tuesday, June 18, the President submitted to Congress legislation to create a new cabinet-level Department of Homeland Security. The proposal explains how the new department would be set up and why the Administration believes its creation would improve efforts to prevent and respond to terrorist attacks. The legislative language sent to Congress differs little from the proposal originally outlined on June 6. The administration s 35-page draft bill would bring together from other departments agencies that protect the nation s borders, transportation and critical infrastructure, and those that attempt to prevent nuclear, biological and chemical attacks. The new department would employ nearly 170,000 federal workers. Under the plan, all or parts of 22 agencies would be consolidated into one new department in the biggest reorganization of the federal bureaucracy in more than 50 years. The chart on the next page explains what agencies would be affected. I NSIDE T HIS I SSUE 1 President Submits Plan for Homeland Security Dept. 1 Lawmakers Raise Questions About Plan 2 Components of Proposed Homeland Security Dept. 4 Under the Dome Congress, continued on page 3 4 House Subcommittee Approves Bill to Arm Pilots Lawmakers Raise Questions on Intelligence Sharing, Future of Federal Law Enforcement Agencies While lawmakers generally support the President s plan to create a new Department of Homeland Security, many have raised questions about the proposal, especially on the subjects of intelligence gathering and the role of federal law enforcement agencies. Several prominent lawmakers have argued that better coordination and analysis of intelligence gathering must be part of the debate over creation of a homeland security department. They feel that the President s plan, which would require the CIA, FBI and other intelligence agencies to send reports and analysis to the proposed Department of Homeland Security and make some raw data available upon request, does not go far enough. One suggestion being considered is a plan to set up a White House office of anti-terrorism to oversee intelligence gathering. That idea is part of a homeland security bill (S 2452) sponsored by Senate Governmental Affairs Committee Chairman Joseph Lieberman (D-CT). The committee approved the measure last month. Under the bill, law enforcement and intelligence would be coordinated from a White House office rather than the new department. Other lawmakers have questioned President Bush s decision to leave the CIA and FBI outside the Questions, continued on page 3 Due to the 4 th of July holiday, the next issue of IACP Capitol Report will be published on Monday, July 8. Legislative Update 1

2 Components of Proposed Homeland Security Department The Bush Administration sent to Congress a detailed plan for a new Department of Homeland Security that would include four major divisions headed by undersecretaries. Below is a portion of the proposed department s organization structure. U.S. Customs Service Immigration and Naturalization Service Animal and Plant Health Inspection Service Coast Guard Transportation Security Administration Federal Protective Service Undersecretary for Border and Transportation Security Treasury Department Agriculture Department Transportation Department Transportation Department General Services Administration Undersecretary for Emergency Preparedness and Response Secret Service Treasury Department Federal Emergency Management Agency (FEMA) Independent Agency Office for Domestic Preparedness National Domestic Preparedness Office FBI Domestic Emergency Support Teams Office of Emergency Preparedness National Disaster Medical System Metropolitan Medical Response System Strategic National Stockpile Nuclear Incident Response Team / EPA Undersecretary for Information Analysis and Infrastructure Protection National Infrastructure Protection Center (excludes Computer FBI Investigations and Operations section) National Communications System Defense Department Critical Infrastructure Assurance Office Commerce Department Computer Security Division of National Institute of Standards Commerce Department and Technology National Infrastructure Simulation and Analysis Center Federal Computer Incident Response Center General Services Administration Undersecretary for Chemical, Biological, Radiological and Nuclear Countermeasures Chemical and biological security programs Nuclear smuggling programs International nuclear materials protection and cooperation program Energy security and assurance program Biological and environmental research related to microbial pathogens Advanced scientific computing resources and intelligences programs from Lawrence Livermore National Laboratory National Bio-Weapons Defense Analysis Center Defense Department Legislative Update 2

3 Congress, continued from page 1 Undersecretaries of the new department would oversee each of the department s critical missions: border security, transportation security, infrastructure protection and chemical, biological and nuclear response. The undersecretary for information analysis and infrastructure protection would be in charge of intelligence analysis, a key issue among lawmakers wondering if the CIA and FBI should be under the new umbrella. Various agencies would be required to provide the homeland security department with terrorism intelligence and analysis. The flow of raw intelligence data to the homeland security department would not be automatic but would be directed by agreements within the administration. Members of Congress promised to work together to quickly adopt a version of the President s reorganization plan. The House created a special nine-member ad hoc committee to piece together the House version of legislation creating the new department after standing committees act on portions under their jurisdiction. The standing committees are supposed to forward their proposals to the new panel by July 12, with floor action on the legislation scheduled for the week July 21. Majority Leader Dick Armey (R-TX) was named chairman of the new committee, which will be in existence until the homeland security bill is enacted. Other members of the committee include: Majority Whip Tom Delay (R-TX), J.C. Watts (R-OK), Deborah Pryce (R-OH), Bob Portman (R-OH), Minority Whip Nancy Pelosi (D-CA), Martin Frost (D-TX), Robert Menendez (D-NJ), and Rosa DeLaura (D-CT). In the Senate, Governmental Affairs Committee Chairman Joseph Lieberman (D-CT) said his panel will reconvene to vote on a substitute amendment that will be offered on the floor to a bill (S 2452) the committee passed in May. Lieberman said the amendment will be written in a bipartisan way and bring the bill closer to the president s proposal. homeland security department. The legislation calls for little change in the FBI and CIA, requiring only that the two agencies submit intelligence information to the new department for analysis. A small number of FBI agents from the National Infrastructure Protection Center, which protects online commerce and the Internet against cyberattacks, also would be moved to the new department. I don t see how you operate without the FBI and CIA," said Rep. Don Young (R-AK). House Majority Leader Richard K. Armey (R-TX) surprised his colleagues by declaring that Congress may have to place the CIA and the FBI more formally into the new department. Armey serves as chair of the House ad hoc committee created to oversee the bill, and is therefore likely to play a lead role in shaping the department. Sen. Lieberman, who will chair Senate hearings on Bush's plan, wants Congress to consider rolling more of the FBI into the department, although he is willing to wait until next year. Although some members of Congress are exploring the idea of moving the FBI into the new department, the White House is opposed to such a move, arguing that the bureau s broad legal powers must remain under oversight. Homeland Security Director Ridge explained while the FBI reorganization changes much of its mission to homeland security, it still has numerous responsibilities in its law enforcement capacity and the attorney general remains and should remain the chief law enforcement officer of the United States." In addition, several lawmakers are discussing the longterm impact of proposed homeland security changes on the two departments now in charge of federal law enforcement: Treasury and Justice. Under the President s plan, Justice would lose 39,000, or nearly one-third, of its 125,000 employees with the proposed transfer of the INS and Border Patrol to the new department. Treasury would lose a combined 27,000, or nearly a fifth, of its 152,000 employees with the transfer of the Customs Service and Secret Service to the new department. Legislative Update 3

4 Under the Dome: Committees Pass Bills for Stricter Regulation of Explosives Both the House and Senate Judiciary Committees have endorsed measures (HR 4864, S 1956) to tighten the regulation of explosives to keep the material out of the hands of would-be terrorists. The bills would give the ATF greater authority to regulate the sale of explosives and allow it to run background checks on purchases even for sales that do not cross state lines. Currently, permits are not required to buy explosives within state lines. In addition, both bills broaden bans on the possession of explosives. The House bill also would require manufacturers of explosives to submit samples of their products to the ATF so the bureau can better track the material. House Judiciary Committee Passes Info-Sharing Bill On June 19, the House Judiciary Committee passed a bill (HR 4598) to increase homeland security information sharing between federal intelligence and law enforcement agencies and local and state law enforcement personnel. The bill would require federal intelligence and law enforcement agencies to share critical threat information with local law enforcement and other first responders. It would give federal officials six months to develop procedures for sharing information, including using existing technology to quickly declassify information by striking sources and other specific data. The information then could be disseminated through the National Law Enforcement Telecommunications System or other networks. The bill now moves to the House floor. Hate Crimes Bill Pulled Supporters of the Local Law Enforcement Enhancement Act (S.625) were forced to pull the bill from the Senate floor after losing a vote to limit debate on the measure. The supporters took it off the schedule before Republican senators, who oppose the measure, could add their amendments. As a result, Senator Biden did not have an opportunity to offer his amendment to reauthorize the COPS program. Questions, continued from page 3 Senator Judd Gregg (R-NH), Ranking Member for the Commerce, Justice, State Appropriations Subcommittee, has said publicly that a smaller, more focused, with new authority for the Bureau of Alcohol, Tobacco and Firearms, could emerge. We re going to see Justice get a lot smaller, Gregg said. However, he believes that the department also is likely to eventually assume authority from Treasury for ATF, which was not specifically mentioned in the administration s homeland security plan. Gregg said lawmakers have long discussed a consolidation of law enforcement duties in the Justice Department but the idea never gained much momentum. Now, he says that the Sept. 11 terrorist attacks could be a catalyst for consolidation. No one is proposing to move ATF now. But it s logical. It would make sense, Gregg said. It has always made sense to have law enforcement under one jurisdiction. I ve always thought it made little sense to have ATF or Customs under Treasury. When it originally unveiled its homeland security plan, the White House released an organizational chart showing that Justice would assume responsibility for the 5,200 ATF employees and more than 1,000 employees for three smaller law enforcement agencies. Administration officials said later that the White House did not intend to push for transferring the ATF and the other three agencies out of Treasury, although they confirmed such changes have been discussed. Visit the Redesigned IACP Website! Check out the new design for It features a totally new look and feel, with popout navigation to make it easier to find what you are looking for. There is a brand new members-only section, where you can renew your membership online, update your own listing, and search a directory of other members. You will need your Membership User Name and Password to enter these sections. Your User Name is your membership ID, which can be found on your membership card, and your password is your last name. As always, you can visit the Legislative and Policy page for more legislative news and updates. Legislative Update 4

5 U PCOMING C ONGRESSIONAL H EARINGS: Hearings on the Proposed Department of Homeland Security: Senate Judiciary Subcommittee on Technology, Terrorism and Government Information: June 25. Senate Judiciary Committee: June 26 House Judiciary Committee: June 26. Senate Judiciary Subcommittee on Immigration: Immigration Reform and the Reorganization of Homeland Defense June 26. House Armed Services Committee: June 26 House Ways and Means Committee: Customs Service: June 26. Senate Governmental Affairs: Homeland Security and Intelligence Community: June House Appropriations Subcommittee on Commerce, Justice, State and Judiciary: Proposed FBI Reorganization: June 21. House Government Reform Subcommittee on Criminal Justice, Drug Policy, Human Resources: Do We Need an Anti-Drug Media Campaign? June 25. House Science Committee and Senate Science Subcommittee on Science, Technology, and Space Making the Nation Safer: Science and Technology for Countering Terrorism June 25. House Transportation and Infrastructure Committee: Allowing Airline Pilots to Carry Weapons: June 26 IACP Capitol Report is prepared by Gene Voegtlin, IACP Legislative Counsel, and Jennifer Horne, IACP Legislative Analyst. If you have any questions or require any further information, please contact the legislative staff at THE-IACP. House Subcommittee Approves Bill to Arm Pilots On June 19, the House Aviation Subcommittee approved compromise legislation (HR 4635) that would allow a small number of commercial pilots to carry guns in the cockpit for a two-year trial period. 250 pilots would initially be armed. Over two years, that number could expand to 1,400, or 2 percent of the current pilot workforce. At the end of two years, the TSA would have the option to end or expand the program. The bill directs the Transportation Security Administration (TSA) to develop a training plan for pilots similar to the one used in the federal air marshal program. In selecting the pilots who would be allowed to fly armed, preference would be given to pilots with previous military or law enforcement experience. In addition, before deputizing pilots, the TSA would issue regulations setting out the type of guns and ammunition allowed on board as well as how the weapons would be stored. The bill also authorizes a study of the effectiveness of non-lethal weapons such as stun guns, and establishes a self-defense training program for flight attendants and other crew members. The full House Transportation Committee plans to take up the bill on June 26, and it is expected to pass. However, the measure is expected to have a harder time in the Senate. Senator Ernest Hollings (D-SC), Chairman of the Commerce, Science and Transportation Committee, opposes the bill. In order to bypass Hollings, supporters are considering a plan to attach it to a bill on the floor, possibly offering it as an amendment to the Defense or Transportation departments spending bills or to legislation to create a Department of Homeland Security. Last month, the Bush administration ruled out firearms in cockpits, although if Congress passes a law allowing them and President Bush signs it, the administration would be required to enforce it. In May, TSA Director John Magaw told a Senate committee that he believed firearms on commercial aircraft should be limited to trained law enforcement officers. Legislative Update 5