Assignment | Homeland Security Strategy and Policy
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Added on 2019-09-26
Assignment | Homeland Security Strategy and Policy
Added on 2019-09-26
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Module 2: Homeland Security Strategy and PolicyTopics 1.Immediate Actions—Homeland Security Strategy and Policy, 2001 to 20042.The 9/11 Commission Report—General Findings and Recommendations3.Homeland Security Strategy and Policy, 2004 to the Present4.Summary1. Immediate Actions—Homeland Security Strategy and Policy, 2001 to 2004 We believe the 9/11 attacks revealed four kinds of failures: in imagination, policy, capability, and management.—9/11 CommissionThe surprise and shock of the terrorist attacks of September11, 2001, required an immediate government response. The government's actions of the period from September 2001 to the release of The 9/11 Commission Report in July 2004 are considered immediate actions. These actions were also influenced by the immediately following anthrax attacks of September and October 2001. The people demanded swift governmental action to find those responsible for the attacks and ensure that they would not occur again.The following section outlines the major actions taken by the federal government during that time frame. We have divided the discussion into legislative (congressional) and executive (presidential and military) actions. A brief description of each policy and its implications for homeland security is presented through interactive timelines, and we will discuss several of the major policies and strategies in greater detail. The focus will remain on the homeland security mission, essentially the "home game" against terrorism. Homeland defense (the "away game") against terrorism will be briefly mentioned, but the focus in this course is on domestic homeland security policy and its effects on the United States; its citizens; and state, local, and tribal governments.Legislative Actions, 2001 to 2004Legislative actions consist of the steps that the US Congress takes to abate terrorism through the passage of new laws. Once signed by the president of the United States, these proposals become law, providing additional funding and/or new legal tools to combat terrorism.The period immediately following September11 saw a flurry of activity by Congress to authorize presidential action for the use of military force, to provide for the safety and stability ofthe airline industry, to authorize new powers for law enforcement and intelligence authorities, to
enhance border security, to increase bioterrorism preparedness, to protect cyberspace and the maritime environment, and to create the Department of Homeland Security.Look for the link titled Timeline in the main module area. Click that link to see an interactive timeline that summarizes the legislative responses—as well as the executive responses, which we'll discuss later in this module—to the terrorist attacks of September 11 and subsequent major events.The USA PATRIOT ActThe USA PATRIOT Act, which was passed by Congress and signed into law by President Bush on October26, 2001, broadened the ability of law enforcement and intelligence agencies to interdict terrorism in four ways (Congressional Research Service [CRS], 2002). First, it applied toward the fight against terrorism a number of investigative tools that had previously been available to fight other forms of organized crime. Second, the act removed many of the legal barriers that prevented the intelligence community (IC) from sharing information with law enforcement. Third, it updated laws to reflect new technology and new threats. Fourth, it increased penalties and created new offenses for terrorism-related crimes. We will explore each of these elements to develop an understanding of the scope of the changes effected by the PATRIOT Act.Many provisions of the PATRIOT Act are viewed by some as too great an expansion of government power, which could violate the constitutional rights of American citizens.The following is a brief summary of the major changes provided for in the USA PATRIOT Act, as explained by the US Department of Justice (DOJ) in "The USA PATRIOT Act: Preserving Life and Liberty?" (n.d.):1.Legalized the use of a greater range of tools to fight terrorism oallows law enforcement to use electronic surveillance against the full range of terrorism-related crimesoallows federal agents to follow terrorists by using "roving wiretaps" that can be authorized by a federal judge to apply to a particular suspect, rather than just a particular phone or deviceoallows law enforcement to conduct investigations without tipping off terrorists, bydelaying when the subject is told that a search warrant was executed; this delay gives law enforcement time to identify associates, eliminate immediate threats to our communities, and coordinate the arrests of multiple individualsoallows federal agents to ask a court for an order to examine business records from the Foreign Intelligence Surveillance Court for activity in terrorism cases, if needed to aid a terrorism investigation2.Enabled information sharing
oabolished the legal barriers that previously prevented the sharing of information between the law enforcement and intelligence communities, allowing coordination of information among the agencies to counter terrorism3.Updated laws to reflect new technology oallows warrants to be obtained in any district in where the terrorism activity beinginvestigated occurred, regardless of where those warrants will be executedoallows cyber hacking victims to give law enforcement access to systems to investigate and prosecute hackers4.Increased penalties and added new offenses for terrorism-related crimes ocreated a new offense that prohibits knowingly harboring persons involved in terrorist offensesoexpanded the definitions of some conspiracy crimes and increased the number of distinct conspiracy offensesoincreases the maximum penalties for terrorist crimes, including conspiracy crimesocreates specific punishments for attacks using biological weapons and attacks on mass transitoeliminates the statutes of limitations on some terrorist crimes, and lengthens it on othersThe PATRIOT Act has spurred much debate concerning the balance between freedom and security in America. Proponents of the act support the need for expanded law enforcement with expanded powers to fight terrorism. Opponents cite the potential for abuses of rights that could occur under the provisions of the act. Opponents of the act were fueled by a DOJ Office of the Inspector General report that found abuses of the use of National Security Letters (USA PATRIOT Act, Section505) to obtain information from businesses and educational institutions for investigations (2007). The act as originally legislated included sunset provisions that were to expire at the end of 2005 unless expressly reauthorized. In 2006, the act was reauthorized, making all sections of the original act permanent except for two sections: the National Security Letters and roving wiretap provisions were reauthorized with four-year expirations. In 2011, these provisions were again reauthorized for four years. The effectiveness of the PATRIOT Act and its impact on the rights of American citizens continue as a topic of debate.The Homeland Security Act of 2002Dozens of agencies charged with homeland security will now be located within one Cabinet department with the mandate and legal authority to protect our people. America will be better able to respond to any future attacks, to reduce our vulnerability and, most important, prevent the terrorists from taking innocent American lives.—President George W. Bush, on signing the Homeland Security Act of 2002
The Homeland Security Act of 2002 was signed into law by President Bush on November 25, 2002. The law established the Department of Homeland Security (DHS) as an executive department of the United States. The Homeland Security Act assigns the DHS the mission to prevent terrorist attacks within the United States; reduce the vulnerability of the United States to terrorism; and minimize the damage, and assist in the recovery, from terrorist attacks that do occur within the United States.The legislation brought 22 separate agencies under the umbrella of the new DHS. The agencies transferred to DHS directorates, and the executive departments to which they previously belonged, are:Border and Transportation SecurityDirectorateThe US Customs Service (Treasury)The Immigration and Naturalization Service (part) (Justice)The Federal Protective ServiceThe Transportation Security Administration (Transportation)Federal Law Enforcement Training Center (Treasury)Animal and Plant Health Inspection Service (part) (Agriculture)Office for Domestic Preparedness (Justice)The Emergency Preparedness and Response DirectorateThe Federal Emergency ManagementAgency (FEMA)Strategic National Stockpile and the National Disaster Medical System (HHS)Nuclear Incident Response Team (Energy)Domestic Emergency Support Teams(Justice)National Domestic Preparedness Office (FBI)The Science and Technology DirectorateCBRN Countermeasures Programs (Energy)National BW Defense Analysis Center (Defense)
Plum Island Animal Disease Center (Agriculture)Environmental Measurements Laboratory (Energy)The Information Analysis and Infrastructure Protection Directorate Federal Computer Incident Response Center (GSA)National Communications System (Defense) National Infrastructure Protection Center (FBI)Energy Security and Assurance Program (Energy) Direct Report to the Secretary of DHSUS Secret ServiceUS Coast Guard Direct Report to the Deputy Secretary of DHSUS Citizenship and Immigration ServicesSource: US DHS, n.d.The Homeland Security Act of 2002 initiated the largest reorganization of the federal government since the creation of the Department of Defense in 1947. Those critical of the reorganization claim that adding bureaucracy does not close the gaps exposed by the attacks of September11. Opposition also centers on the potential for constitutional right infringements by alarge law enforcement and intelligence organization. As with the USA PATRIOT Act, the effectiveness and impact of the creation of the DHS by the Homeland Security Act of 2002 will continue as a topic of debate.The legislative actions presented in this section represent the immediate action taken by Congress in the wake of the attacks of September11. The laws created by Congress served toauthorize presidential action for the use military forceprovide for the safety and stability of the airline industryauthorize new powers for law enforcement and intelligence authoritiesenhance border security, increase bioterrorism preparedness
protect cyberspace and the maritime environmentscreate the DHSOf all of the legislative actions during this period, the USA PATRIOT Act and the Homeland Security Act of 2002 have had the most significant effects on the security of the homeland.Executive Actions, 2001 to 2004Following the events of September11, President GeorgeW. Bush also utilized the powers granted him under the US Constitution to determine the strategic direction of homeland security policy. The president has the authority to issue executive orders that have the force of law. Executive orders (EOs) usually are based on existing statutory authority of the president and require no action by Congress to become effective. Following September11, the president issuedseveral executive orders and, for the first time, EOs titled Homeland Security Presidential Directives (HSPDs). The HSPDs issued between 2001 and 2004 set the direction for US homeland security policy. The timeline in this module traces the actions taken by the president between the September11 attacks and the release of the 9/11 Commission Report in July 2004.We will focus our discussion on three particular executive orders that have broad implications: HSPD-3, HSPD-5, and HSPD-8 (replaced by PPD-8 in 2011). These directives have influenced homeland security policy at the federal, state, and local levels of government and have been translated into strategy documents and plans that affected the entire nation.Focus on the Executive: Homeland Security Presidential Directives 3, 5, and 8Homeland Security Presidential Directive 3 is probably the most recognizable executive order issued by the president. Issued in March 2002 (figure 2.1), it established the Homeland Security Advisory System (HSAS) to serve as a comprehensive means of disseminating information regarding the risk of terrorist acts to federal, state, and local authorities and to the American public. The five levels of terrorism risk are well known to most Americans by now. The system is often criticized, primarily because it remained at yellow (elevated) for several years after September11, prompting many to question its effectiveness. In 2011, the National Terrorism Advisory System replaced HSAS, dropping the color-coded system.Figure 2.1DHS Secretary Ridge announcing the Homeland Security Advisory System
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