by John Peyrebrune

          Major U.S. Legislative Developments: 

          Office of Homeland Security Created - On October 8, President Bush signed an executive order formally creating the new Office of Homeland Security, headed by former Pennsylvania Governor Tom Ridge.  The office is charged with strengthening America's protections against terrorism, and has the task of coordinating the effort among a wide-range of government agencies and departments. 

          The executive order defines the mission of the office as the following:  “The mission of the office is to develop and coordinate the implementation of a comprehensive national strategy to secure the U.S. from terrorist threats or attacks.  The office will coordinate the executive branch’s efforts to detect, prepare for, prevent, protect against, respond  to, and recover from terrorist attacks within the U.S.” 

          The complete executive order and a Presidential Directive outlining the organization of the office can be found at  http://www.whitehouse.gov/news/releases/2001/10/. 

          Source:  White House Press Releases 
 

          Homeland Security Budget and Statutory Mandate Proposed - On October 10, Sen. Joseph Lieberman (D-CT) and Sen. Arlen Specter (R-PA) introduced legislation to give the Office of Homeland Security a budget and a statutory mandate.  Said Lieberman of Tom Ridge, "I fear that as an adviser who lacks statutory mandate, Senate confirmation and budget confirmation and budget authority, he will notbe as effective as we need him to be."  The proposed legislation would bring the Federal Emergency Management Agency, the Customs Service, the Border Patrol, the Coast Guard and other offices under the new cabinet-level agency.  The Bush administration has resisted the proposal, contending that the coordinating responsibilities of the office will help to minimize bureaucracy and eliminate overlap.  Proponents of  the bill fear that although Ridge will benefit from a close relationship with the president, this may not be the case with his successors.  Lieberman plans to hold  hearings on the bill before the Governmental Affairs Committee, which he chairs. 
          Source: CNN 
 

          DOD Announces New Homeland Security Authorities - On October 26, Secretary of Defense Donald Rumsfeld announced that U.S. military commanders are being provided additional authorities to support homeland defense.  The Secretary of the Army, Thomas White, wasnamed DOD's executive agent for coordination with the White House's Office of Homeland Security.  The commander of U.S. Joint Forces Command in Norfolk, VA, was placed in charge of the land and maritime defense of the continental United States, as well as providing  military assistance to civil authorities.  The commander of the North American Aerospace Defense command (NORAD), in Colorado Springs, Co., was placed in charge of aerospace defense.  U.S. Space Command in Colorado Springs, Co., will provide support in the area of  computer network operations, while U.S. Pacific Command, Camp H.M. Smith, Hawaii, and U.S. Southern Command in Miami, Fla., are  responsible for their respective geographic areas of responsibility. 
          Source:  DOD Press Release 
 

          Anti-Terrorism “Patriot Act” Becomes Law - On October 26, President Bush signed 
          into law a broad anti-terrorism bill, granting federal authorities expanded surveillance and 
          intelligence-gathering powers.  The "U.S.A. Patriot Act of 2001" allows authorities to use 
          more foreign intelligence information, allows for longer detentions of suspects who are 
          not U.S. citizens, and expands wiretapping authority.  The legislation was sponsored by 
          Representative James Sensenbrenner (HR 3162) and passed both houses of Congress 
          overwhelmingly.  The bill is intended to help federal law enforcement agents prevent 
          future terrorist attacks, rather than simply respond with prosecutions after the fact. 
          Critics are concerned that the measure could erode civil liberties in the process. 

          The major provisions of the bill include: 
             s Authorization of "roving wiretaps."  Current law requires a court order for each phone number. 
             s Allows the federal government to detain non-U.S. citizens suspected of terrorism for up to seven days without specific charges. 
             s Allows law enforcement officials greater subpoena power for e-mail records of terrorist suspects. 
             s Relaxes restrictions on information sharing between U.S. law enforcement and intelligence officers about suspected terrorists. 
             s Makes it illegal to knowingly harbor a terrorist. 
             s   Triples the number of Border Patrol, Customs Service Inspectors and Immigration and Naturalization Service inspectors at the northern
          border of the United States, and provides 
             s $100 million to improve technology and equipment on the U.S. border with Canada. 
             s Expands current measures against money laundering by requiring additional record keeping and reports for certain transactions and
          requiring identification of account holders. 
             s Eliminates the statute of limitations for prosecuting the most egregious terrorist acts, but maintains the statute of limitation on most  crimes at five to eight years. 

          The bill can be viewed in its entirety at “Thomas – Legislative Information on the Internet”
          (http://thomas.loc.gov/cgi-bin/query/z?c107:H.R.+3162:) 
          Sources:  CNN, Washington Post 

          New Airport Security Measures Imminent - The federal government is nearing the finalization of new airport security measures.   Competing House and Senate bills have both passed their respective chambers, with the chief difference being that the Democratically  controlled Senate favors a federal airport security workforce, while the Republican controlled House favors contracted personnel with  stronger federal oversight. 
          Indications are that if Congress can’t come to an agreement on a bill shortly, President Bush will impose by executive order a version that allows flexibility to contract with private security companies. 

          The Senate Bill (S.1447), Sponsored by Sen. Ernest Hollings (D-SC), calls for stronger federal oversight of all aspects of airport security, including the use of about 28,000 government screeners and armed federal guards.  The screeners would have to pass a rigorous selection  examination and a criminal-background check.  They would also be required to complete 100 hours of training and pass annual tests.  The bill would also strengthen cockpit security, require all bags to be X-rayed, and create a new high-level federal airport security position.  The bill’s requirements are comparable to European standards, where airport security is considered to be stronger. 

          Most of the cost of the program, which is estimated at $1.5 billion to $2 billion, would be financed through a $2.50 passenger fee.  Some elements, such as the air marshals, will be financed through the $40 billion emergency fund approved by Congress to help with recovery from  the attacks. 

          An amendment proposed by Sen. Jean Carnahan (D-MO) to provide aid to dislocated aviation workers was withdrawn when it fell four votes short of the 60 needed to override delaying tactics of opponents.  The amendment may be introduced as part of other future legislation 
          Source: CNN, Washington Post 
 

          Food Inspection Reorganization May be on Horizon - On October 10, at hearing before a Senate Governmental Affairs subcommittee,  Sen. Richard J. Durbin (D-IL), hinted that a reorganization of government food inspection is being considered.  Currently, food inspection  responsibilities are divided among several agencies, including the Department of Agriculture (USDA), the Food and Drug Administration  (FDA), the Commerce Department's National Marine Fisheries Service, and the Treasury Department's Customs Service.  GAO officials, and some in Congress, have long advocated that the responsibility be handled by a single agency or department, but the USDA, FDA, and other agencies have resisted such a reorganization. 
          Source: Washington Post 
 

          Help for Firefighters Requested  - On October 11, Sen. Ron Wyden, D-Ore. asked the Office of Management and Budget to allocate  $600 million to provide firefighters with more training and equipment.  The request came during a hearing before the Senate Commerce Subcommittee on Science, Technology and Space.  John Buckman III, president of the International Association of Fire Chiefs, told the committee that nearly 75,000 additional firefighters are needed.  He also urged the committee to direct the Federal Communications
          Commission and the  Pentagon to free up radio frequencies in order to improve first responder communication.  If the funding request is approved, the money may come from the $40 billion emergency spending bill passed by Congress shortly after the Sept. 11 attacks. 
          Source: CNN 
 

          Status of Other U.S. Legislative Activities 

          S.1486 
          Title: Biological and Chemical Weapons Preparedness Act of 2001.  A bill to ensure that the United States is prepared for an attack using
          biological or chemical weapons.  Sponsor: Sen. Edwards, John (introduced 10/3/2001).  Status: Referred to Senate committee on Health,
          Education, Labor, and Pensions on 10/3/2001. 

          S.1508 
          Title: Biological and Chemical Attack Preparedness Act.  A bill to increase the preparedness of the United States to respond to a biological or chemical weapons attack. Sponsor: Sen. Corzine, Jon (introduced 10/4/2001).  Status:  Referred to Senate committee on Health,
          Education, Labor, and Pensions on 10/4/2001. 

          H.R.3073 
          Title: American Small Business Emergency Relief and Recovery Act of 2001.  To provide assistance to small business concerns adversely  impacted by the terrorist attacks perpetrated against the United States on September 11, 2001, and for other purposes. Sponsor: Rep Manzullo, Donald A.(introduced 10/10/2001).  Status:  Referred to House committee on Small Business on 10/10/2001. 

          H.R.3004 
          Title: Financial Anti-Terrorism Act of 2001.  To combat the financing of terrorism and other financial crimes, and for other purposes.
          Sponsor: Rep Oxley, Michael G.(introduced 10/3/2001).  Status: Referred to Senate Committee on Banking, Housing, and Urban Affairs on 10/17/2001. 

          H.R.2899 
          Title: War Bonds Act of 2001.  To authorize the Secretary of the Treasury to issue War Bonds in support of recovery and response efforts  relating to the September 11, 2001 hijackings and attacks on the Pentagon and the World Trade Center, and for other purposes.  Sponsor: Rep Sweeney, John E.(introduced 9/17/2001).  Status: Referred to Senate committee on Finance on 10/24/2001. 

          Source: Thomas – Legislation on the Internet (http://thomas.loc.gov/home/terrorleg.htm) 

          Legislative Developments Abroad 

          United Nations – Progress on Anti-terrorism Treaties - On October 18, the UN reported that the events of September 11 have spurred progress on two new anti-terrorism treaties.  Dr. Rohan Perera, Chairman of the Ad Hoc Committee on Terrorism, reported that a new Russian-proposed treaty against nuclear terrorism has largely been completed.  The other treaty in development is a comprehensive  convention for the suppression of terrorism, first proposed by India.  This would strengthen the existing legal anti-terrorism framework, and  includes a "depoliticalization clause.”  Under current international law, if an offender pleads that they have committed an offense in  furtherance of a political objective, they cannot be extradited.  The new treaty would remove this defense.  Perera explained, "If you target  innocent civilians by the use of indiscriminate violence, then motivation does not justify your crime." 
          Source: UN web-site (http://www.un.org/News/dh/20011018.htm#27) 
 

          Europe – EU Takes Steps to Fight Terrorism - The European Commission adopted a new regulation to freeze all funds held by 27  organizations or individuals suspected of supporting terrorist activities.  The measure builds upon the Council Common Positions and Community sanctions legislation already in force.  The EC also announced it will create a group of nuclear, biological and chemical experts to be on alert 24 hours per day and ready to assist any country in need. 
          Source: EU web-site (http://www.eurunion.org/) 
 

          India – Strict Anti-terrorism Legislation In Works - New anti-terrorism legislation recently approved by the Indian cabinet would give  police sweeping powers of arrest and detention.  The "Prevention of Terrorism Ordinance," likely will be considered by the Indian parliament during its winter session beginning in November.  It sets forth a broad definition of terrorism that includes acts of violence or disruption of essential services carried out with "intent to threaten the unity and integrity of India or to strike terror in any part of the people."  It also extends existing law by making it a crime not to provide authorities with "information relating to any terrorist activity." 
          Source: Indian Express Newspapers 
 

          China – Air Travel Security Force Established - China announced that in response to the recent terrorist attacks in the U.S., it is  establishing a force of 2,000 armed police officers to place on flights. 
          Source: Washington Post