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Legislative Update on the War Against Terrorism
By Stephen Marquette
Following the recent terrorist incidents that struck
the hearts of Americans, and those of all nationalities worldwide a devastating
blow, the United States Government has made steady progress in changing
the manner in which the nation will deal with this newly recognized threat.Legislative
and Executive branches have engaged in various studies, debates, and hearings
leading to new legislation and executive orders to combat terrorism throughout
the world.These new laws and executive orders have, in some cases, changed
the core civil rights processes of the nation and strengthened the ability
of local, state, and federal agencies to protect our society
Below is a sample of the new legislation and executive
orders issued, proposed, passed and / or signed into law by the 107th
Congress and President Bush regarding the fight against terrorism.Information
was provided by ANSER Institute for Homeland Security (www.homelandsecurity.org),
a division of Analytic Services, a non-profit public service research institute
and various federal government websites.
Legislation
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Bill #
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Title
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Sponsor
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Excerpt / Synopsis
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Fiscal Year 2002 Intelligence Authorization
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Rep Porter J. Goss (R-FL)
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Not Available
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S 1428
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Fiscal Year 2002 Intelligence Authorization
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Sen Bill Nelson (D-FL)
Cosponsors:
Sen Richard Shelby (R-AL)
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Not Available
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S. 1602
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A bill to help protect the public against the threat
of chemical attack
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In designating high priority categories under paragraph
(1), the Administrator, in consultation with the Attorney General, shall
consider--(A) the severity of the harm that could be caused by an accidental
release or a criminal release; (B) the proximity to population centers;
(C) the threats to national security; (D) the threats to critical infrastructure;
(E) threshold quantities of substances of concern that pose a serious threat;
and (F) such other safety or security factors as the Administrator, in
consultation with the Attorney General, determines to be appropriate.
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HR 2882
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Public Safety Officer Benefits bill
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Rep Jerrald Nadler (D-NY)
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Not Available
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HR
2926
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Air Transportation Safety and System Stabilization
Act
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Rep Don Young (R-AK)
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Provides for increased security for air transportation
to include a federalized airport security force and regulations regarding
airline security measures.
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HR 2975
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Patriot Act
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Rep James Sensenbrenner (R-WI)
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The Patriot Act increases the tools for investigation
into terrorism and strengthens enforcement of anti-terrorism laws, including
stricter punishment for terrorism related offenses. Most importantly,the
law allows for law enforcement to gain “blanket” wiretaps that will allow
authorities to obtain surveillance on all phones, computers, and other
electronic devices used by designated individuals. Previously, law
enforcement had been required to apply and gain authorization for each
individual device used by a suspect, a time consuming process and one that
lead to gaps in the ability to gather intelligence and evidence.
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HR
3004
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Financial Antiterrorism Act of 2001
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Rep Michael G. Oxley
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Establishes federal law enforcement investigative
and seizure abilities regarding terrorist organizations and their fiscal
resources.
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HR 3067
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Rep Jane Harman (D-CA)
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Directs the Secretary of Transportation to give
certain workers who have lost their jobs as a result of the terrorist attacks
of September 11, 2001, priority in hiring for aviation-related security
positions.
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HR
3150
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Secure Transportation for America Act of 2001
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This act establishes the Transportation Security
Administration to oversee security aspects of the transportation system
for the Department of Transportation.The Federal Air Marshal program will
move from FAA oversight to this new department.
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HR
3160
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Bioterrorism Enforcement Act of 2001
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Rep W.J. Tauzin (R-LA)
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The
Bioterrorism Enforcement Act adds verbiage to Antiterrorism and Effective
Death Penalty
Act of 1996 to increase penalties and the coordination of information in
the investigation into the malicious use of biological agents
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Executive Orders
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Date
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Title
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Excerpt / Synopsis
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Nov. 16
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Enacts standing authority for the Department
of Defense to exercise emergency construction under the National Emergencies
Act (50 U.S.C. 1631).
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Nov. 13
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Provides Presidential discretion regarding
the detention, treatment, and trial of certain non-citizens in the war
against terrorism. This executive order provides for the use of military
tribunals for the prosecution of terrorists apprehended both domestically
and internationally, including the use of the death penalty in such cases
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Nov. 9
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Establishes the established the "Presidential Task
Force on Citizen Preparedness in the War On Terrorism." The mission of
the Task Force shall be to identify, review, and recommend appropriate
means by which the American public can:
(a) prepare in their homes, neighborhoods,
schools, places of worship, workplaces, and public places for the potential
consequences of any possible terrorist attacks within the United States;
and
(b) volunteer to assist
or otherwise support State and local public health and safety officials
and others engaged in the effort to prevent, prepare for, and respond to
any possible terrorist attacks within the United States.
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Oct. 22
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Authorize the Department of Health and Human Services
to exercise certain contracting authority in connection with national defense
functions, it is hereby ordered that Executive Order 10789 of November
14, 1958
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Oct. 1
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Ensures the protection of information
systems for critical infrastructure, including emergency preparedness communications,
and the physical assets that support such systems, in the information age.
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Oct. 8
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The most encompassing executive order
passed was the establishment of the Office of Homeland Security on October
8, 2001. The President established the Office that will be headed
by the Assistant to the President for Homeland Security -- Governor Tom
Ridge in order to coordinate the national fight against terrorism.
The mission of the Office will be to develop and coordinate the implementation
of a comprehensive national strategy to secure the United States 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 United States.
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Sep. 24
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Blocks the property and prohibits transactions with
persons who commit, threaten to commit, or support terrorism.
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In reviewing these various actions on behalf
of the United States Government, the ability for local, state, and federal
agencies tasked with protecting the American public are significantly improved.
The bi-partisan efforts should be commended and attest to the ability of
the Unites States to rise to a calling not unlike World War II--though
learning from our mistakes of that period. Continued efforts to improve
National Security will enhance all aspects of American society while striving
to limit infringement on civil liberties
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