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Below are the exact words in the proposed law as written and passed by the House (Res. 5710).
The new agency can engage in domestic spying, for instance, and once classified as a matter of national security, no records of what was done or who was investigated can be revealed. This is how the Republicans have changed our form of open, democratic government to covert ops. Unless we fight this, there will be a complete breakdown of our First Amendment rights and our ability to undo the damage that has been done.
It is the agency itself who will determine what is to be classified. And anyone who seeks access to critical information that might expose wrongdoing by government agencies will be asked to sign a "secrecy contract" which will prevent them from further investigation. This document is referring to them as "voluntary agreements."
H. Resolution 5710: A Bill to Establish a Department of Homeland Security
SEC. 213. DESIGNATION OF CRITICAL INFRASTRUCTURE PROTECTION PROGRAM.
A critical infrastructure protection program may be designated as such by one of the following:
(1) The President. (2) The Secretary of Homeland Security.
SEC. 214. PROTECTION OF VOLUNTARILY SHARED CRITICAL INFRASTRUCTURE INFORMATION. (a) PROTECTION.-
(1) IN GENERAL.-Notwithstanding any other provision of law, critical infrastructure information (including the identity of the submitting person or entity) that is voluntarily submitted to a covered Federal agency for use by that agency regarding the security of critical infrastructure and protected systems, analysis, warning, interdependency study, recovery, reconstitution, or other informational purpose, when accompanied by an express statement specified in paragraph (2)-
(A) shall be exempt from disclosure under section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act);
(B) shall not be subject to any agency rules or judicial doctrine regarding ex parte communications with a decision making official;
(C) shall not, without the written consent of the person or entity submitting such information, be used directly by such agency, any other Federal, State, or local authority, or any third party, in any civil action arising under Federal or State law if such information is submitted in good faith;
(D) shall not, without the written consent of the person or entity submitting such information, be used or disclosed by any officer or employee of the United States for purposes other than the purposes of this subtitle, except-
(i) in furtherance of an investigation or the prosecution of a criminal act; or (ii) when disclosure of the information would be- (I) to either House of Congress, or to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee thereof or subcommittee of any such joint committee; or (II) to the Comptroller General, or any authorized representative of the Comptroller General, in the course of the performance of the duties of the General Accounting Office.
(E) shall not, if provided to a State or local government or government agency- (i) be made available pursuant to any State or local law requiring disclosure of information or records; (ii) otherwise be disclosed or distributed to any party by said State or local government or government agency without the written consent of the person or entity submitting such information; or (iii) be used other than for the purpose of protecting critical infrastructure or protected systems, or in furtherance of an investigation or the prosecution of a criminal act; and
(F) does not constitute a waiver of any applicable privilege or protection provided under law, such as trade secret protection.
(h) AUTHORITY TO DELEGATE.-The President may delegate authority to a critical infrastructure protection program, designated under subsection (e), to enter into a voluntary agreement to promote critical infrastructure security, including with any Information Sharing and Analysis Organization, or a plan of action as otherwise defined in section 708 of the Defense Production Act of 1950 (50 U.S.C. App. 2158).
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