Complete guide to understanding homeland security law
The newly revised and updated Third Edition of Foundations of Homeland Security and Emergency Management enables readers to develop a conceptual understanding of the legal foundations of homeland security and emergency management (HSEM) by presenting the primary source law and policy documents we have established to address “all hazards,” both terrorism and natural disasters. The book demonstrates that HSEM involves many specialties and that it must be viewed expansively and in the long-term.
The Third Edition has more sources than previous editions and is streamlined with fewer long quotations. It highlights only those portions of the various documents and statutes necessary to provide the reader an understanding of what the law is designed to accomplish.
Foundations of Homeland Security and Emergency Management includes information on: - WMD, now expanded to include Pandemic Laws - Political extremism, domestic threats, Posse Comitatus Act, and Insurrection Act - Space Law, comparative Drone Law with Japan, HSEM in Puerto Rico- Homeland Security Legal Architecture before 9/11- Ethical, Legal, and Social Issues in Homeland Security- Critical Infrastructure Protection, Resiliency, and Culture of Preparedness
With its accessible format, plethora of primary source documentation, and comprehensive coverage of the subject, this book is an essential resource for professionals and advanced students in law enforcement, national and homeland security, emergency management, intelligence, and critical infrastructure protection.
Table of Contents
About the Contributors xxiv
Preface xxvi
Acknowledgments xxvii
1 Introduction - Overview - Background 1
Chapter Summary 1
9/11 1
What Is Homeland Security and How Do We Know When We Have It? 1
Individual Responsibility and Faith Based Assistance 3
What Does HSEM Look Like from the Outside? 3
What Does HSEM Look Like from the Inside? 4
Everyone Is a Component. Everything Is Important 4
What Is Homeland Security Law? 4
The Development of Homeland Security Law 6
A Few Definitions of Terrorism 6
Purpose of This Text 8
About This Text 8
Contributing Authors 8
Disclaimer 8
Notes 9
2 Ethical, Legal, and Social Issues in Homeland Security - What They Are and How to Address Them 13
Alexander Siedschlag
Overview 13
The Origins and Essence of ELSI 13
ELSI Components Defined 14
Security Culture as a Framework for Assessing and Addressing ELSI 15
Main ELSI Domains 16
The Relevance of ELSI 17
Homeland Security Legislation and the Intent of the Constitution 19
Domestic Surveillance and Homeland Security Technology such as Uncrewed Aerial Systems 23
ELSI Across the Homeland Security Cycle 25
ELSI in Public Health Preparedness and Pandemic Response 31
How to Address ELSI in Everyday Homeland Security 33
Questions 35
Additional Resources 35
Notes 36
3 The Homeland Security Legal Architecture Before 9/11 46
Amy C. Gaudion
The Legal Architecture 46
The Early Homeland Security Legal Authorities 48
Looking Ahead + Connecting Back: Evaluating the Post-9/11 Legal Authorities 55
Notes 56
4 Strategic Environment 60
Definition: What Is Strategic Environment? 60
Chapter Summary 60
Sources 60
Space 60
Alternative Scenarios for 2040 64
Space 67
U.S Space Command. USSPACECOM 70
Notes 71
5 Extremism, Terrorism, and Domestic Threat 73
Tobias T. Gibson and William L. Martin
Resurgence of American Secessionist Movements 74
Rightwing Extremist Terrorism 74
Modern Threats in Rightwing Domestic Terrorism 75
Far-Right Extremist Groups 76
Social Media 76
Going Forward 77
Rife for Targeting 77
Leftist Extremism in the United States 78
Conclusion 78
Inserts 79
National Strategy for Countering Domestic Terrorism (June, 2021; Biden Administration National Security Council) 83
Notes 85
6 Collision in Space: Governance and National Security 91
Benjamin Ogden
Chapter Summary 91
The Strategic Value of Space 91
The New Strategic Space Environment 92
The Outer Space Treaty and National Security 93
Other Mechanisms for Space Governance 99
Conclusion 100
Notes 100
7 Master of Puppets Drones and Homeland Security in the United States and Japan 105
Daniel G. Sofio and David A. Parker
Introduction 105
Drones Behaving Badly 107
Supply Chain Risks 111
Introduction to the U.S. Drone Governance Framework 113
Introduction to Japan’s Drone Governance Framework 117
Conclusion 120
Notes 121
8 The Department of Homeland Security 130
Sources 130
Title I - Department of Homeland Security 131
Title II - Information Analysis and Infrastructure Protection 132
Title III - Science and Technology in Support of Homeland Security 132
Title IV - Directorate of Border and Transportation Security 135
Title V - Emergency Preparedness and Response 135
USA Patriot Improvement and Reauthorization Act of 2005 135
DHS Strategic Plan 2020-2024 137
Organizational Structure 138
Notes 139
9 FEMA - The Federal Emergency Management Agency 141
Sources 141
Executive Order 12148 - Federal Emergency Management, July 20, 1979 141
Homeland Security Act of 2002 142
Hurricane Katrina 142
Select Bipartisan Committee to Investigate the Preparation for and Response to Hurricane Katrina 142
Summary of PKEMRA 146
Post-Katrina Emergency Management Reform Act of 2006 146
Pets Evacuation and Transportation Standards Act of 2006 155
FEMA Office of Disability Integration and Coordination 155
Notes 155
10 Emergency Management and Homeland Security in Puerto Rico - A Brief Case Study 157
Daniel E. Rivera
Introduction 157
Hurricane María 158
The FEMA Process 159
Individual Assistance 159
Public Assistance 163
Management Costs 164
Conclusion 167
Homegrown and Restless - Puerto Rican Identity in the 21st Century 168
The 21st Century 170
2016-2023 171
Conclusion 174
Notes 174
11 Pandemic Law (2002-2022) 177
Strategic Environment 177
Pandemic Laws 177
Homeland Security Act, November 25, 2002 178
National Strategy for the Physical Protection of Critical Infrastructures and Key Assets, February 2003 178
Regulations to Control Communicable Diseases, 42 USC 264, 265 178
Executive Order 12452 December 22, 1983, Revised List of Quarantinable Communicable Diseases 179
Executive Order 13295 Of April 4, 2003, Revised List of Quarantinable Communicable Diseases 179
Executive Order 14047 of September 17, 2021, Adding Measles to the List of Quarantinable Communicable Diseases 179
HSPD 10, Biodefense for the 21st Century. (April 28, 2004) 180
Project BioShield Act of 2004. (July 21, 2004) 180
Post Katrina Emergency Management Reform Act, October 4, 2006 180
Pandemic and All Hazards Preparedness Act, December 19, 2006 180
HSPD 18, Medical Countermeasures against Weapons of Mass Destruction, January 2007 181
Implementing Recommendations of the 9/11 Commission Act of (August) 2007 181
HSPD 21. Public Health and Medical Preparedness. October 18, 2007 181
DOD Instruction Number 6420.01, March 20, 2009, Re-established the National Center for Medical Intelligence 181
National Strategy for Countering Biological Threats November 23, 2009 181
United Nations Website 182
Pandemic and All-Hazards Preparedness Reauthorization Act of 2013 183
The 2015 Public Health Emergency Medical Countermeasures Enterprise Strategy and Implementation Plan 183
Executive Order 13747, November 4, 2016, Advancing the Global Health Security Agenda To Achieve a World Safe and Secure From Infectious Disease Threats 183
National Health Security Strategy and Implementation Plan 2019-2022 184
National Biodefense Strategy from 2018 184
American Pandemic Preparedness Plan: Transforming Our Capabilities (AP3), September 2021 186
Moving Forward 187
Notes 188
12 Intelligence Gathering 191
Chapter Summary 191
Definitions 191
Intelligence Community (IC) 191
Sources 191
Project on National Security Reform “Forging a New Shield,” November 2008 192
National Intelligence Strategy of the United States of America, 2019 193
The National Security Act of 1947 193
Title I - Coordination for National Security 193
Executive Order 13228 of October 8, 2001, Establishing the Office of Homeland Security and the Homeland Security Council 194
Title III of the Omnibus Crime Control and Safe Streets Act, Wiretapping and Electronic Surveillance, June 19, 1968 194
Foreign Intelligence Surveillance Act, October 25, 1978 196
50 U.S. Code § 1801 - Definitions 197
Title II - Enhanced Surveillance Procedures 199
Title IX - Improved Intelligence 201
Title I - Reform of the Intelligence Community 201
Title II - Federal Bureau of Investigation 208
USA PATRIOT Improvement and Reauthorization Act of 2005 208
Title VI - Congressional Oversight of Intelligence 211
Executive Order 13462, February 29, 2008, President’s Intelligence Advisory Board and Intelligence Oversight Board 212
FISA Amendments Act of 2008 213
Title I - Foreign Intelligence Surveillance 213
Title II - Protections for Electronic Communication Service Providers 214
USA Freedom Act, Public Law 114-23, June 2, 2015 215
Title I - FISA Business Records Reforms 215
CRS Report: Reauthorization of Title VII of the Foreign Intelligence Surveillance Act, March 17, 2023 216
Notes 216
13 Border Security 218
Sources 218
Patriot Act, 2001 218
Homeland Security Act of 2002 219
Intelligence Reform and Terrorism Prevention Act of 2004, Advanced Technology Northern Border Security Pilot Program 220
Appropriations, Public Law 109-295, Title V, October 4, 2006 221
Arctic Region Policy, NSPD-66/HSPD-25, January 9, 2009 221
National Southwest Border Counternarcotics Strategy, June 2009 223
National Southwest Border Counternarcotics Strategy, 2011 225
Border Tunnel Prevention Act of 2012 225
Ultralight Aircraft Smuggling Prevention Act of 2012 226
The 2012-2016 Border Patrol Strategic Plan 227
National Southwest Border Counternarcotics Strategy, 2013 227
Border Patrol Strategy 2022-2026, June 7, 2022 229
Notes 231
14 Critical Infrastructure Protection 232
Background and Chapter Summary 232
Sources 233
Executive Order 13010 - Critical Infrastructure Protection, 1996 233
Executive Order 13231 - Critical Infrastructure Protection In The Information Age, October 18, 2001 233
Patriot Act, October 26, 2001 234
National Strategy for the Physical Protection of Critical Infrastructures and Key Assets, February 2002 234
The New Front Lines 234
Statement of National Policy 235
Guiding Principles 235
Protecting Key Assets 235
National Strategy for Homeland Security, July 2002 235
Homeland Security Act, November 25, 2002 235
HSPD 7. Critical Infrastructure, December 17, 2003 236
9/11 Commission Implementation Act of 2004 238
Post Katrina Emergency Management Reform Act 238
HSPD 19. Combating Terrorist Use of Explosives in The United States, February 2007 239
Improving Critical Infrastructure Security, Title X, Implementing Recommendations of The 9/11 Commission Act, August 3, 2007 240
National Strategy for Homeland Security, October 2007 240
National Infrastructure Protection Plan (NIPP), 2009 240
PPD-21. Critical Infrastructure Security and Resilience, February 12, 2013 241
National Infrastructure Protection Plan (NIPP) 2013: Partnering for Critical Infrastructure Security and Resilience 242
FACT SHEET: Biden Administration Announces Further Actions to Protect U.S. Critical Infrastructure. JULY 28, 2021 243
Cybersecurity and Infrastructure Security Agency 243
Notes 243
15 Agriculture and Food 246
Sources 246
National Agricultural Biosecurity Center at Kansas State University 246
Public Health Security and Bioterrorism Preparedness and Response Act of 2002 246
Title IV - Drinking Water Security and Safety 247
National Strategy for the Physical Protection of Critical Infrastructures and Key Assets, February 2003 247
HSPD 9. Defense of United States Agriculture and Food, January 30, 2004 248
Research and Development 249
FDA Food Safety Modernization Act, January 2011 249
Title I - Improving Capacity To Prevent Food Safety Problems 250
A Homeland Security Strategy for Countering Biological Threats and Hazards 251
Overview 251
A Homeland Security Strategy for Managing Biological Risk 252
Report to Congress on the National Agriculture and Food Defense Strategy (NAFDS) April 2015 252
Food and Agriculture Sector-Specific Plan, 2015 252
Sector Overview 253
Response Federal Interagency Operational Plan, August 2016 253
2019 Report to Congress, The Food Emergency Response Network (FERN) 253
Notes 253
16 Transportation Security 255
Sources (Not in Chronological Order) 255
Aviation Security 255
The Aviation and Transportation Security Act, November 19, 2001 255
Intelligence Reform and Terrorism Prevention Act, Title IV, Aviation Security, December 17, 2004 261
Maritime Transportation Security 262
United Nations Convention on the Law of the Sea, 1982, Pirates. Part VII, High Seas 262
Title I - Maritime Transportation Security 262
HSPD 13. Maritime Security Policy, December 21, 2004 263
Reducing Crime and Terrorism at America’s Seaports Act of 2005 264
Rail Transportation 265
Intermodal (Supply Chains) 266
Appendix D: 2020 Intermodal Transportation Security Plan 267
Notes 267
17 Weapons of Mass Destruction 269
Sources 269
HSPD-4 National Strategy to Combat Weapons of Mass Destruction, December 2002 269
Pillars of Our National Strategy 269
Nonproliferation 270
Intelligence Reform and Terrorism Prevention Act of 2004 271
HSPD 14/NSPD 43, Domestic Nuclear Detection, April 15, 2005 271
Executive Order 13382, Blocking Property of Weapons of Mass Destruction Proliferators and Their Supporters, July 1, 2005 272
Security and Accountability For Every Port Act of 2006 - Domestic Nuclear Detection Office 272
Implementing Recommendations of The 9/11 Commission Act, August 3, 2007. National Biosurveillance Integration Center 272
HSPD 17/NSPD 48, Nuclear Materials Information Center 273
A National Strategy for CBRNE Standards, May 2011 274
Title VIII - Safety of Maritime Navigation and Nuclear Terrorism Conventions Implementation 274
The DHS Countering Weapons of Mass Destruction Office (CWMD) 274
The United Nations Office for Disarmament Affairs 274
NSM 19 to Counter WMD, Terrorism, and Advance Nuclear and Radioactive Material Security, March 2, 2023 274
Notes 275
18 National Continuity Plan 278
Sources 278
25th Amendment to the U.S. Constitution, Ratified 1967 278
HSPD 20/NSPD 51. National Continuity Policy, May 4, 2007 278
Homeland Security Presidential Directive 20, National Security Presidential Directive 51, Annex A 280
Presidential Succession List 281
Executive Order: National Defense Resources Preparedness, March 2012 281
Executive Order: Assignment Of National Security And Emergency Preparedness Communications Functions, July 6, 2012 282
FEMA Office of National Continuity Programs (ONCP) 282
FEMA Continuity Resource Toolkit 282
Mount Weather Emergency Operations Center 282
Notes 283
19 Real ID Act 284
Sources 284
Intelligence Reform and Terrorism Prevention Act of 2004 284
Real ID Act, 2005 285
Implementing Recommendations of the 9/11 Commission Act of 2007 287
Extension of REAL ID Full Enforcement Deadline, December 5, 2022 287
Notes 287
20 NIMS and NRF 288
Chapter Summary 288
Sources 288
HSPD 5. February 28, 2003 288
Intelligence Reform and Terrorism Prevention Act of 2004 289
National Incident Management System, Third Edition, October 2017 289
National Response Framework Fourth Edition, October 2019 290
History of NIMS 291
Notes 291
21 Preparedness 293
Chapter Summary 293
Sources 293
Executive Order 13234 of November 9, 2001, Presidential Task Force on Citizen Preparedness in the War on Terrorism 293
Homeland Security Advisory System 294
Homeland Security Act of 2002 294
Executive Order 13347 of July 22, 2004, Individuals with Disabilities in Emergency Preparedness 295
9/11 Commission Implementation Act of 2004 295
Public Alert and Warning System, Executive Order 13407 of June 26, 2006 297
Post Katrina Emergency Management Reform Act, October 4, 2006 297
Title XVIII - Emergency Communications 297
Title III - Ensuring Communications Interoperability for First Responders 299
National Strategy for Homeland Security, October 5, 2007 299
National Terrorism Advisory System (NTAS) 2011 300
2014 Quadrennial Homeland Security Review, June 18, 2014 300
National Preparedness And The Whole Community Approach 300
Executive Order on America’s Supply Chains, February 24, 2021 301
Response and Recovery Federal Interagency Operational Plan, March 2023 301
Wireless Emergency Alerts System 302
Notes 303
22 Resiliency and a Culture of Preparedness 304
Chapter Summary 304
Sources 304
National Strategy for Homeland Security, October 5, 2007 304
HSPD 21. Public Health and Medical Preparedness, October 18, 2007 305
National Defense Strategy, 2008 305
Top Ten Challenges Facing The Next Secretary of Homeland Security, September 11, 2008 305
PPD 8. National Preparedness, March 30, 2011 306
National Preparedness Guidelines 306
The National Preparedness Goal, September 2011 307
National Preparedness Goal, Second Edition, September 2015 307
CDC Global Health Strategy 2019-2021 307
Dept. of Homeland Security Strategic Plan: Fiscal Years 2020-2024 308
CDC Global Health Equity Strategy 2022-2027 308
FEMA National Preparedness Report 2022 308
Increase Equity in Individual and Community Preparedness 308
Notes 309
23 Authority to Use Military Force 310
Sources (Not in Chronological Order) 310
U.S. Constitution, Article I Section 8, Congressional Power 310
U.S. Constitution, Article II Section 2, Presidential Power 311
What Is “Posse Comitatus?” 311
Posse Comitatus Act: Use of Army and Air Force as posse comitatus 311
Insurrection Act 311
U.S. Constitution, Amendment XIV, 1868 311
Joint Publication 3-28: Defense Support of Civil Authorities, 2018 312
Department Of Defense Instruction 3025.21, 2019 312
Military Support For Civilian Law Enforcement, also known as DSCA (Defense Support for Civilian Authorities) (10 Usc 271) 312
War Powers Resolution of 1973 314
Authorization for Military Action Against Iraq Resolution, January 14, 1991 315
PDD-39, U.S. Policy on Counterrorism, June 21, 1995 315
United States Government Interagency Domestic Terrorism Concept of Operations Plan, January 2001 316
Authorization For Use Of Military Force, September 18, 2001 317
Authorization for Use of Military Force Against Iraq Resolution, October 16, 2002 317
United States Northern Command 318
Northcom’s CBRNE Consequence Management Response Force 318
Strategy for Homeland Defense and Defense Support of Civil Authorities, Department of Defense, February 2013 319
Executive Order - Federal Support for Local Law Enforcement Equipment Acquisition, January 16, 2015 320
Recommendations Pursuant to EXECUTIVE ORDER 13688 Federal Support for Local Law Enforcement Equipment Acquisition. May 2015 320
National Response Framework Fourth Edition, October 2019 321
Response and Recovery Federal Interagency Operational Plan, March, 2023 322
Notes 322
24 Cyber 324
Sources 324
National Strategy to Secure Cyberspace, 2003 324
U.S. Department of Homeland Security Cybersecurity Strategy, May 15, 2018 324
National Cyber Strategy Of The United States Of America, September 2018 324
Executive Order on Improving the Nation’s Cybersecurity, May 12, 2021 325
Annual Threat Assessment of the U.S. Intelligence Community, February 7, 2022 325
Cross-Sector Cybersecurity Performance Goals 2022 326
Cybersecurity and Infrastructure Security Agency (CISA) 327
U.S. Cyber Command 327
Notes 328
25 Three National Strategies 330
National Strategy for Countering Domestic Terrorism June 2021 330
Department of Defense, National Defense Strategy 2022 330
National Cybersecurity Strategy, United States, White House Office, March 02, 2023 332
Emerging Trends 332
Malicious Actors 332
Rebalance the Responsibility to Defend Cyberspace 332
Realign Incentives to Favor Long-Term Investments 333
Notes 333
Index 334
