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
(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
(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).