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Foundations of Homeland Security and Emergency Management
Law and Policy
Martin J. Alperen (Author)
9781394191598, Wiley
Hardback, published 1 December 2024
384 pages
28.2 x 22.4 x 2.8 cm, 1.293 kg
Foundations of Homeland Security and Emergency Management 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: 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.
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 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 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 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 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 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 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
Alexander Siedschlag
Amy C. Gaudion
Tobias T. Gibson and William L. Martin
Benjamin Ogden
Daniel G. Sofio and David A. Parker
Daniel E. Rivera
Subject Areas: Business & management [KJ]
