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House Approves New Compromise Plan to Establish Homeland Security Department

WASHINGTON, D.C. – First District Congressman Paul Ryan today voted in favor of H.R. 5710 – the Homeland Security Act of 2002 – which passed in the House by a vote of 299-121. This measure is a revised version of legislation to create a federal Department of Homeland Security to streamline and strengthen the nation’s terrorism defense and response structure.

The U.S. House of Representatives passed a homeland security bill in July; however, the initiative’s progress was delayed due to disagreement in the Senate concerning personnel rules for the new department. The legislation that passed today reflects a compromise reached by the White House and congressional leaders.

"Over and over, the President has urged the Senate to move forward with meaningful legislation to create a Department of Homeland Security," Ryan said. "Now it looks as if this is within reach. Several months ago, the House passed strong homeland security legislation and today we did so again. I’m hopeful that this compromise bill will gain quick approval in the Senate."

"This legislation not only works to protect Americans, but also preserves citizens’ civil liberties," Ryan said. "In particular, it opposes a national ID card and the ‘TIPS’ program, two proposals that I believe would have – unintentionally – undermined our freedom. I am also pleased that the legislation we passed would allow specially trained pilots to have a gun in the cockpit of their plane."

The legislation creates a Department of Homeland Security to bring together the disparate elements of our nation’s homefront defense and improve coordination among these agencies. Among other steps, the legislation brings the following under the jurisdiction of the Department of Homeland Security:

• U.S. Coast Guard
• Customs Service
• Border functions at the Animal Plant Health Inspection Service (APHIS)
• Immigration and Naturalization Service (INS)
• Federal Emergency Management Agency (FEMA)
• Secret Service
• Transportation Security Administration

In addition, under this legislation, the State Department and consular officials will continue to issue visas, but they will do so under rules established by the Department of Homeland Security.

The latest version of the homeland security bill retains vital provisions that protect Americans’ civil liberties. Of particular importance, the legislation prohibits two proposals that Rep. Ryan opposes. It prohibits the national ID card and contains language to discontinue "Operation TIPS". The TIPS (Terrorism Information and Prevention System) Program would have been a nationwide system for reporting suspicious and potentially terrorist-related activity operated by a network of citizen volunteers. Rep. Ryan has concerns that this program could encourage Americans to spy on other Americans without reason or legal authority.

Immigration – Moves the INS from the Department of Justice into the Department of Homeland Security and splits the agency’s enforcement and service functions. Immigration services will be kept separate from enforcement functions within the Homeland Security Department.

Personnel Flexibility – Maintains worker protections while developing a flexible and modern workforce that can respond to a shifting threat, and protect and defend the American people.

• The Department of Homeland Security will consult with employees and employees’ union representatives in creating the new personnel system. Collective bargaining units would have at least 30 days to negotiate changes directly with the Department. If they are not satisfied, they would get an additional 30 days before the Federal Mediation and Conciliation Service to deal with unresolved issues. If agreement is still not reached, the Secretary may implement the proposed changes.
• If the President finds that union presence is having a substantial, adverse impact on homeland security, he may not exercise his existing authority to exclude collective bargaining units from the Department until he has notified Congress and ten days have passed.
• A Senate provision making certain government-wide reforms in personnel policy is included. Chief among these is the creation of a Human Capital Officer within each agency whose mission is to improve opportunities for employee development.

Guns in the Cockpit – With slight modifications, the new bill includes H.R. 4635, the Arming Pilots Against Terrorism Act, to allow pilots to be trained and possess a gun in the cockpit of passenger planes. H.R. 4635 originally passed the House on July 10, 2002.

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