Legislative and Judicial Update

Anti-spam law upheld in Calif. court

There are several pending security related legislations at this time.  Below are summaries of them.  For more complete details, please visit the SIA web page.

SUBJECT: NATIONAL RAIL DEFENSE ACT (S. 1991)

Bill Summary: On June 7th the Senate passed H.R. 4775, the FY '02 Supplemental Appropriations bill, which had already passed the House on May 24th and will soon go to conference. At the time of Senate passage, Sen. Ernest Hollings (D-SC) offered an amendment to the bill that would have included the language of S. 1991, the "National Rail Defense Act," which he had previously introduced. The amendment was not agreed to and was not included in the Senate passed version.

S. 1991, however, has moved through the Senate since its introduction in March 2002 and was most recently put on the Senate calendar for consideration on May 29th. The bill, which reauthorizes Amtrak, authorizes funding for a variety of security technologies, including closed circuit television cameras, x-ray machines, access control systems, monitoring and alarm systems, employee identification systems, and ticket kiosks for photo imaging for identification purposes. The total funding authorized for these purposes is approximately $381 million.

Funding was also authorized for secure locking devices on mail and express railcars, hand held bomb detectors to inspect baggage, the screening of express packages, and for video recording systems on locomotives. $16 million was authorized for this purpose.

In addition, the bill mandates that a study would have to be completed on the transportation security programs being used by foreign countries, in particular Japan and the European Union, for possible use in the U.S. A rail transportation risk assessment would also be undertaken by the Secretary of Transportation to improve security that could include a review of any actions already taken to identified security issues by both public and private entities.

Current Status: 5/29/2002
Senate preparation for floor. Latest Status: Placed on Senate Legislative Calendar under General Orders
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SUBJECT: AVIATION BIOMETRICS BADGE ACT (H.R. 4650)

Bill Summary: On May 2, 2002, Rep. Joel Hefley (R-CO) introduced H.R. 4650, the "Aviation Biometric Badge Act," which would seek to improve airport security by requiring any individual employed as a security screener, or other designated employee, to be issued a biometric security badge that identifies a person by fingerprint or retinal recognition.

Current Status: 5/2/2002
Read and referred to the House Transportation and Infrastructure Committee
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SUBJECT: DRIVER'S LICENSE MODERNIZATION ACT OF 2002 (H.R. 4633)

Bill Summary: On May 1, 2002, Rep. James Moran (D-VA) and Rep. Tom Davis (R-VA) introduced H.R. 4633, the "Driver's License Modernization Act of 2002," which would seek to establish standards for state programs for the issuance of drivers' licenses and identification cards. Below we have identified selected provisions of the bill of interest:

  • The bill states that inconsistent requirements between states regarding "identity verification and insufficient verification of identity documents have made the identification systems of states a prime target for fraud and identity theft." (p.2)
  • Identification card technologies that can "accommodate other government and private applications will provide the best return investment in the new cards." (p.2)
  • The bill defines "identification card" as an "identification card issued by the motor vehicle agency of a state to an individual" and that no later than 5 years after passage of the bill each state will have in effect "a driver's license and identification card program" under which the following criteria are met:
    • a computer chip embedded in each new or renewed driver's license or identification card issued by the state. The chips shall contain all text written on the card in electronic form, encoded biometric data matching the holder of the card, and encryption and security software or hardware to preserve privacy (p.4)
  • The bill states that all biometric data obtained by a state for this purpose must be matched to the license or cardholder only with the express cooperation of the license or cardholder. (p.5)
  • States must participate in programs to link databases in order to provide electronic access to information available to state motor vehicle departments. (pp.6-7)
  • States need to provide multiple tamper resistant security features to the cards such as biometric scans, barcodes, 3D, flip, or motion imaging, to assist in visual verification. (pp. 6-7)
  • Guidelines must be issued within 6 months after the date of enactment of the bill and they must contain, at a minimum-)
    • standards for the computer chip technology, including standards to ensure interoperability and the ability to store multiple applications, and standards for the encoded biometric data and the requirements that the data will be used only to match the card to the presenter and not be stored in a database.
    • Also, standards are needed for the biometric data to be obtained from applicants for new or renewed cards, for the linking of state motor vehicle databases, and for security features to be placed on the cards. (pp.7-8)
  • Guidelines will be developed by the Secretary of Transportation, in consultation with the American Association of Motor Vehicle Administrators, the GSA, and the National Institute of Standards and Technology. (p.9)

Current Status: 5/2/2002
Read and referred to the House Transportation and Infrastructure Committee, the House Judiciary Committee, and the House Science Committee.
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SUBJECT: National Homeland Security and Combating Terrorism Act of 2002 (S. 2452)

Bill Summary: On May 2nd, the Chairman of the Senate Governmental Affairs Committee, Sen. Joseph Lieberman (D-CT), introduced the attached bill, S. 2452, the “National Homeland Security and Combating Terrorism Act of 2002.” The bill, including its House counterpart, H.R. 4660, which was introduced by Rep. William “Mac” Thornberry (R-TX), has long term interests to the security industry.

There is much support within the Congress for creating this Cabinet level agency, and these bills may move through both Houses and to the President by the end of the year.

  • Section 101 (b)(2)(K) - “to identify and promote technological innovation that will enhance homeland security.
  • Section 104 (d)(5) - establishes a “Homeland Security Science and Technology Senior Steering Group” within the new “Office of Science and Technology” within the new “Department of National Homeland Security.” This group will create security areas with input from industry, including IT infrastructure, bioterrorism, and chemical-biological-radiological (CBR). ”
    • Included in this section is the following language: ”Develop and oversee the implementation of periodic homeland security technology demonstrations, held at least annually, for the purpose of improving contact between technology developers, vendors, and acquisition personnel associated with related industries.”
  • Section 201 - creation of a “National Office for Combating Terrorism” within the White House (prepares recommendations for funding allocations).
  • Section 302 – creating a “National Combating Terrorism Strategy Panel,” which will include 8 members, including private sector representatives who are recognized experts on homeland security in the U.S.

Current Status: 5/1/2002
Read twice and referred to the Senate Committee on Governmental Affairs
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SUBJECT: Amending the Office of Federal Procurement Policy Act to establish a program to encourage and support carrying out innovative proposals to enhance homeland security (H.R. 4629)

Bill Summary: Introduced on May 1, 2002 by Tom Davis (R-VA). Below we have highlighted certain provisions from the bill for your review.

  • “Sec. 40. Program to Encourage Innovative Solutions to Enhance Homeland Security……establish and promote a Government-wide program to encourage and recognize contractor innovation and excellence in facilitating the defense of the United States against, or recovery from, terrorism or nuclear, biological, chemical, or radiological attack.” (p.2)
  • The convening of a “multiagency technical assistance team to assist in screening proposals submitted to…provide unique and innovative solutions to advance the defense of the United States against, or recovery from, terrorism or nuclear, biological, chemical, or radiological attack. The team shall be composed of employees of the participating agencies who have expertise in scientific and technical disciplines that would facilitate the assessment of the feasibility of the proposals.” (p.3)
  • A competitive process of monetary award distribution to those that develop unique and innovative solutions, including descriptive submissions on technology developments and prototypes, the substance of which are not otherwise available to the United States. These awards will not exceed $20,000. (p.4)
  • Development of a pilot program by the Administrator of the Office of Federal Procurement Policy and the Assistant to the President on Homeland Security, along with input from various department Secretaries, that would allow heads of executive agencies to use streamlined acquisition authorities and procedures. (p.5)

Current Status: 5/1/2002
Referred to the House Committee on Government Reform.
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SUBJECT: ENHANCED BORDER SECURITY AND VISA ENTRY REFORM ACT OF 2001 (H.R. 3525)

Bill Summary: Gives immigration officials an extra year (until October 26,2004) to include machine readable biometric identifiers such as fingerprints or retina scans on visas, passports and other travel documents. The documents would also have to be tamper resistant and fraud proof.

Selected Highlights:

  • Require the State Department, Central Intelligence Agency, the INS and its parent, the Department of Justice, to develop a "data system" with "name-matching capacity" that contains individual identifications, plus intelligence information and criminal records. The database would be used to screen people seeking U.S. visas or applying to immigrate.
  • Increase the number of Border Patrol officers and raise their pay. It would ensure that Border Patrol and customs agents receive "essential training and cross-training" and learn to use newly authorized high-tech equipment.
  • Provide $ 150 million to the INS to develop and improve the high-tech sensors and other gadgetry used to spot border crossers in remote areas.
  • Specify that there must be background checks on aliens seeking admission to the United States from any country designated as a "state sponsor of terrorism." The countries currently designated as terrorism sponsors are Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria.
  • Require the attorney general and secretary of state to issue machine-readable, tamper-resistant entry and exit documents with biometric identifiers. The bill demands that countries participating in the visa-waiver program issue passports with those characteristics. Biometric identifiers are parts of the anatomy, such as fingers, the retina or the face that present unique patterns. The visa-waiver program allows people from Denmark, Finland, the United Kingdom and 26 other countries to enter the country for 90-day visits without visas.

Current Status: 04/18/02
Passed Senate 97 - 0
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SUBJECT: CYBER SECURITY RESEARCH AND DEVELOPMENT ACT (H.R. 3394)

Bill Summary: On December 4, 2001, Rep. Sherwood Boehlert (R-NY) introduced H.R. 3394, the “Cyber Security Research and Development Act.” The bill authorizes funding for computer and network security research and development. The bill also authorizes funding for research fellowship programs, among other programs. A total of $800 million would be authorized over the next five fiscal years (FY ’03 – FY ’07) for research and development of technology to combat computer sabotage.

The funding would be used by the National Science Foundation to create new cybersecurity research centers, undergraduate program grants, community college grants and fellowships. Funding would also go to the National Institute of Standards and Technology (NIST) to establish new grants for partnerships between academia and the industry and a program to encourage senior researchers in other fields to work on computer security would be created.

Current Status: 2/7/2002
Passed House, 400 – 12; Referred to Senate Committee on Science, Commerce, and Transportation
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SUBJECT: CYBERSECURITY RESEARCH AND EDUCATION ACT OF 2002 (S.1901)

Bill Summary: On January 28, 2002, Sen. John Edwards (D-NC) introduced S. 1901, the “Cybersecurity Research and Education Act of 2002.” The bill authorizes the National Science Foundation and the National Security Agency to establish programs to increase the number of qualified faculty teaching advanced courses and conducting research in the field of cybersecurity. Below are selected provisions from the bill:

  • Defines “cybersecurity infrastructure” as, in part, equipment that is integral to research and education capabilities in cybersecurity, including, but not limited to, “biometric tools.” (pp 3-4)
  • Defines “other relevant discipline” as a field of study relating to securing information infrastructures, such as “Biometrics.” (pp 4-5)
  • Creates a Cybersecurity Fellowship Program that would award 3 to 5-year graduate fellowships to individuals for study and research at the doctoral level in cybersecurity. (p 7)
  • Authorizes $5 million for each fiscal year from FY ‘03-’05 for the fellowship program. (pp 10-11)
  • Provides funding to the designated teachers to be used for cybersecurity infrastructure needs, including acquiring equipment or technology. (p 13)
  • Establishment of a Center for Studies in Cybersecurity Awareness, Training, and Education that would sponsor development of intrusion detection materials (p 18).

Current Status: 1/28/02
Referred to Senate Health, Education, Labor, and Pensions Committee
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SUBJECT: PORT SECURITY AND TERRORISM PREVENTION ACT (H.R. 3621)

Bill Summary: Introduced on January 23rd by Rep. David Vitter (R-LA), from the Congressman’s staff. Below we have highlighted certain provisions from the bill for your review.

  • Creation of a National Maritime Security Advisory Committee consisting of up to 21 members. (pp 2-5)
  • Authorization of $3.5 million per year during FY ’02 – FY ’06 to conduct maritime facility security plans. (pp14-17)
  • Authorization of $80 million in grants per year in FY ’02 – FY ’06 for construction or acquisition of security infrastructure identified in maritime security plans. (pp 37-38)
  • Authorization of $20 million per year during FY ’02 – FY ’06 for the purchase of non-intrusive screening and detection equipment. (p 39)
  • Authorization of $145 million per year during FY ’02 – FY ’06 to be used, in part, for the purchase of security support equipment. (camera systems for docks). (p 40)

Current Status: 3/18/2002
Referred to House Judiciary Subcommittee on Crime
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Respectfully submitted by
Greg Pera
SFBA Legislative Liaison