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Sec. 4. Definitions. As used in this order:
(a) the term "State" has the meaning provided in
paragraph (15) of section 2 of the Homeland Security Act of 2002
(6 U.S.C. 101(15)); and
(b) the term "Governor" has the meaning provided in
paragraph (5) of section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122(5)).
(15) The term ‘‘terrorism’’ means any activity that—
(A) involves an act that—
(i) is dangerous to human life or potentially
destructive of critical infrastructure or key resources;
and
(ii) is a violation of the criminal laws of the United
States or of any State or other subdivision of the United
States; and
(B) appears to be intended—
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by
intimidation or coercion; or
(iii) to affect the conduct of a government by mass
destruction, assassination, or kidnapping.
(5) “Governor” means the chief executive of any State.
(15) The term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States
(16) The term “terrorism” means any activity that— (A) involves an act that— (i) is dangerous to human life or potentially destructive of critical infrastructure or key resources; and (ii) is a violation of the criminal laws of the United States or of any State or other subdivision of the United States; and (B) appears to be intended— (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping
The term “intelligence component of the Department” means any element or entity of the Department that collects, gathers, processes, analyzes, produces, or disseminates intelligence information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, or national intelligence, as defined under section 401a (5) of title 50, except— (A) the United States Secret Service; and (B) the Coast Guard, when operating under the direct authority of the Secretary of Defense or Secretary of the Navy pursuant to section 3 of title 14, except that nothing in this paragraph shall affect or diminish the authority and responsibilities of the Commandant of the Coast Guard to command or control the Coast Guard as an armed force or the authority of the Director of National Intelligence with respect to the Coast Guard as an element of the intelligence community (as defined under section 401a (4) of title 50.[1]
Originally posted by Crakeur
reply to post by rogerstigers
so, to recap, the president declared states terrorism and the department of homeland security is lacking in the definition of intelligence.
Originally posted by Crakeur
reply to post by rogerstigers
so, to recap, the president declared states terrorism and the department of homeland security is lacking in the definition of intelligence.
Greetings Mr. President.
This email is sent on behalf of the American people to share with the leadership of our great union a flaw in definition found within this document:
www.whitehouse.gov...
The flaw was disgussed as follows:
"An executive order signed by Obama in January, 2010 lays out the foundation for disaster management by establishing a board of governors based on regional territories in the United States. Okay, great. However, something potentially sinister was written into the EO. Most people considered this a typo. I made the point that you don't publish a typo'd document like that. Here's the "typo":
Sec. 4. Definitions. As used in this order:
(a) the term "State" has the meaning provided in
paragraph (15) of section 2 of the Homeland Security Act of 2002
(6 U.S.C. 101(15)); and
(b) the term "Governor" has the meaning provided in
paragraph (5) of section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122(5)).
Okay, first: the document does not define its own terms. These documents are supposed to define their terms within the document. It should never reference another document for this. So maybe they had a good reason? Well let's look at the definitions in those documents.
(6 U.S.C. 101(15))
(15) The term ‘‘terrorism’’ means any activity that—
(A) involves an act that—
(i) is dangerous to human life or potentially
destructive of critical infrastructure or key resources;
and
(ii) is a violation of the criminal laws of the United
States or of any State or other subdivision of the United
States; and
(B) appears to be intended—
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by
intimidation or coercion; or
(iii) to affect the conduct of a government by mass
destruction, assassination, or kidnapping.
That's not what a state is. That's an extensive definition of Terrorism. Okay maybe it was a typo. Let's look at the other definition...
(42 U.S.C. 5122(5))
(5) “Governor” means the chief executive of any State.
Yes, that's what a governor is. But wait a minute... If a "Governor" is the chief executive of ANY "State", and a "State" is that entire 15th paragraph defining "Terrorism", then a "Governor" as described and established in this Executive Order is legally the chief executive of "Terrorism" as defined by (6 U.S.C. 101(15)).
Do you see the problem here? Why has this document not been amended??? Notice that the Homeland Security Act and the Disaster Relief Act both define their terms within themselves."
Sources:
Executive Order 2010 - www.whitehouse.gov...
Homeland Security Act of 2002 - www.dhs.gov...
Robert T. Stafford Disaster Relief and Emergency Assistance Act - www.fema.gov...
Upon futher investigation by another accredited individual we find this to be true:
www.law.cornell.edu...
(15) The term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States
and # 16, for good measure:
(16) The term “terrorism” means any activity that— (A) involves an act that— (i) is dangerous to human life or potentially destructive of critical infrastructure or key resources; and (ii) is a violation of the criminal laws of the United States or of any State or other subdivision of the United States; and (B) appears to be intended— (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping
"taken from cornell.edu
now, if you go to codes.lp.findlaw.com... they have #14 defining state and #15 defining terrorism
oddness abounds
ok, checked dhs.gov
www.dhs.gov...
they have it as 14 for state, 15 for terrorism. someone used the wrong source for their definitions.
I can see that as being a problem."
As clearly indicated, the definition of State needs to be amended within the document in question to accurately represent the term found within it.
So, in summary, the terms found within this document:
www.whitehouse.gov...
need to be clearly defined and placed within the document itself to better clarify the law found within it, namely, that:
The term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States.
The term “Governor” means the chief executive of any State.
Thank you for your time and your consideration on this mater.