2. Learning Objectives
After reading this chapter the reader should be able to:
1. Differentiate between the various agencies assigned
homeland security duties within the federal government.
2. Identify the most important regulatory organizations in
the field of transportation security.
3. Construct a reference guide/contact list for a
transportation component listing the agencies which
specifically relate to that mode.
4. Compare the duties of the various governmental agencies
and list potential conflicts.
5. Reconstruct the jurisdictional purview of the various
agencies assigned homeland security duties within the
federal government.
3.
4. Department of Homeland Security
The Bush Administration announced on June 6, 2002 an
attempt to revolutionize the method by which the government
seeks to protect the United States from internal and external
forces. Mission Statement: “To lead the unified national effort
to secure America, to prevent and deter terrorist attacks and
protect against and respond to threats and hazards to the
nation.”
5. Office of Disaster Preparedness
The function of Emergency Preparedness consolidated the Federal
Emergency Management Agency, Chemical, Biological, Nuclear Response
Services from Health and Human Services, the Emergency Support Team
from the Department of Justice, the Office of Domestic Preparedness from
the Department of Justice, and the Nuclear Incident Response Section
from the Department of Energy, and the National Domestic Preparedness
Office from the FBI. The Office for Domestic Preparedness (ODP) is the
principal component of the Department of Homeland Security responsible
for preparing the United States for acts of terrorism. In carrying out its
mission, ODP is the primary office responsible for providing training,
funds for the purchase of equipment, support for the planning and
execution of exercises, technical assistance, and other support to assist
states and local jurisdictions to prevent, plan for, and respond to acts of
terrorism.
Video
6. Transportation Security Administration
In November 2001, President George W. Bush signed into law the Aviation
Security and Transportation Act (P.L. 107-71) creating the Transportation
Security Administration within the Department of Transportation. The act
specifically tasked the TSA with responsibility for security, “in all modes of
transportation that are exercised by the Department of Transportation.” The
TSA interpretation of the law, in conjunction with Presidential Directive (PDD)
63 also placed pipeline security within TSA jurisdiction, along with the other
modes of transportation. Overall, the range of duties included general
transportation security, intelligence coordination, threat and vulnerability
assessment, oversight and enforcement, and mitigation efforts. Soon thereafter,
on November 25, 2002, President Bush also signed the Homeland Security Act of
2002 (P.L. 107-296), formally establishing the Department of Homeland
Security (DHS). The Act transferred the TSA to the DHS. Mission:
Our mission is to prevent terrorist attacks and to protect the U.S.
transportation network. In carrying out this mission, we strive always to be
vigilant, effective, and efficient.
Video
7.
8.
9. 9/11 Commission
The National Commission on Terrorist Attacks
Upon the United States (also known as the 9-11
Commission), an independent, bipartisan
commission created by Congressional legislation
and President George W. Bush in late 2002, was
chartered to prepare a complete account of the
circumstances surrounding the September 11,
2001 terrorist attacks, including preparedness
for, and the immediate response to, the attacks.
The report specifically made some
recommendations. These included the creation
of: A National Counterterrorism Center,
National Intelligence Director, Reform in the
Congress, Reform in the FBI, Changes in
Information Sharing, Transitions.
10. U.S. Coast Guard (USCG)
The U.S. Coast Guard is tasked with regulatory, law enforcement,
humanitarian, and emergency response duties. It has overall
responsibility for the safety and security of ports and inland
waterways through numerous port security, harbor defense, and
coastal water operations. The assignment includes protecting
95,000 plus miles of coastline plus the nation’s 361 major ports.
They are also struggling to re-emphasize maritime domain
awareness. The Coast Guard has been in existence since 1790 when
Congress ordered the construction of 10 ships to deter smuggling
and enforce tariff and trade laws. Since September 11th, and the
creation of the Department of Homeland Security, the Coast Guard
now falls under their purview while maintaining its independent
identity as a military organization under the leadership of the
Commandant of the Coast Guard.
11.
12. Federal Emergency Management Agency (FEMA)
The Federal Emergency Management Agency (FEMA) is now part of the
Department of Homeland Security's Emergency Preparedness and Response
Directorate. FEMA is tasked with:
1. Advising on building codes and flood plain management
2. Teaching people how to get through a disaster
3. Helping equip local and state emergency preparedness teams
4. Coordinating the federal response to a disaster
5. Making disaster assistance available to states, communities
businesses, and individuals
6. Training emergency managers,
7. Supporting the nation's fire service
8. Administering the national flood and crime insurance programs
13. Federal Motor Carrier Safety Administration (FMCSA)
The Federal Motor Carrier Safety Administration
(FMCSA) was established within the Department of
Transportation January 1, 2000. The original mission
of the FMCSA was to prevent commercial motor
vehicle related fatalities and injuries. However, in
response to the current threat environment and
subsequent specific threats to the transportation
system, FMCSA has initiated a new security program.
14. Critical Infrastructure Assurance Office (CIAO)
Presidential Directive PDD 63, which has since been
superseded, called for a national effort to identify and
protect the nation’s critical infrastructure. They were to
include all physical and cyber based systems essential to the
minimum continued operation of the government and the
economy in general. Those infrastructures included
telecommunications, banking and finance, energy,
transportation, and other essential services to protect the
public. The final consolidated report, Critical Infrastructure
Developments, was issued in February 2001. The publication
focused on infrastructure protection issues, with an
emphasis on computer and network security matters.
15. National Infrastructure Protection Center (NIPC)
The National Infrastructure Protection Center was
a joint FBI-private sector office tasked with
protecting U.S. computer infrastructure assets. It
assesses threats, warns of vulnerabilities, and
provides a comprehensive analysis as well as law
enforcement investigation and response. Cyber
Notes are now distributed by the National Cyber
Security Division (NCSD), United States Computer
Emergency Readiness Team (US-CERT), a division
of the DHS, Information Analysis and
Infrastructure Protection (IAIP) Directorate.
16. Office of Energy Assurance (OEA)
The Department of Energy’s Office of
Energy Assurance leads the federal effort to
ensure a secure and reliable flow of energy.
OEA’s program addresses assurance
responsibilities established in the President's
National Strategy for the Physical Protection
of Critical Infrastructures and Key Assets
(2003) and the National Strategy to Secure
Cyberspace (2003).
17. Federal Energy Regulatory Commission (FERC)
This five-member commission was created as part of a massive reorganization of
the Department of Energy in the late 1970s. It is responsible for overseeing the
energy market. It regulates prices and terms for the sale of energy between the
states and regions. The agency is also responsible for working with the pipeline
industry in transporting the product from urban generating facilities to more
rural areas. Congress has mandated that the agency inspects and licenses
hydroelectric facilities and enforces the Federal Power Act. It also is heavily
involved in the regulation of interstate trade in natural gas and oil. Following
enactment of the Energy Policy Act of 2005, FERC is proposing new rules for the
electric industry as part of the law's implementation requirements. The Federal
Energy Regulatory Commission is an independent federal agency that regulates
the interstate movement of natural gas, oil, and electricity and oversees natural
gas and hydropower projects
18. National Transportation Safety Board (NTSB)
The National Transportation Safety Board was
established as an independent federal agency
which investigates every civil aviation accident
in the United States and any significant accident
in the other modes of transportation including
railroad, marine, and pipeline. Established in
1967, the agency originally depended on the
Department of Transportation for funding.
Congress, fearing self serving reports, tasked the
NTSB with issuing safety recommendations after
the accidents to prevent future accidents.
20. Interstate Commerce Commission (ICC)
The Interstate Commerce Commission was
tasked with regulating the economics and
services of specified carriers engaged in
transportation between the states. It has been
replaced with a Transportation Adjudication
Panel (TAP) within the Department of
Transportation. An initial look at the new
legislation reveals no significant difference in
authority of ICC versus TAP.
21. U.S. Bureau of Citizenship and Immigration Services
The office the Bureau of Citizenship and
Immigration Services is challenged to welcome
visitors to the United States, while simultaneously
excluding terrorists and their supporters. The
rules allow stopping, searching, and examining any
person upon whom an immigration officer may
suspect is in possession of any type of contraband
whatsoever; including explosives and weapons. The
original U.S. Customs Service was one of the oldest
agencies of the U.S. government. The agency
however, has now been split in two.
23. U.S. Customs and Border Protection (CBP)
The new Customs and Border Patrol agency
is now the primary enforcement agency
charged with the protection of U.S. borders.
The Customs Service has begun to seriously
address issues such as container security and
the screening of persons seeking entry into
the United States. With more than 6 million
containers entering a U.S. ports each year,
the task is formidable. In total, more than 16
million containers arrive by ship, truck, and
rail.
24. Department of Justice (DOJ)
The Federal Bureau of
Investigation (FBI) is the
principal investigative arm of
the United States Department
of Justice (DOJ). Title 28, USC
Section 533 authorizes “the
Attorney General to appoint
officials to detect… crimes
against the United States.”
Other federal statutes give the
FBI the authority and
responsibility to investigate
specific crimes. Currently, the
FBI has investigative
jurisdiction over violations of
more than 200 categories of
federal crimes, including
terrorism.
26. Federal Transit Administration (FTA)
The Federal Transit Administration (FTA) agrees
strongly that, "transportation security will have to
be undertaken collaboratively" and involve a
variety of public and private entities. Immediately
after September 11, FTA launched a five-part
security program that emphasized assessment,
planning, training, testing, and technology. As
authorized by the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A
Legacy for Users of 2005 (SAFETEA-LU), the FTA
supports locally planned and operated public mass
transit systems throughout the United States.
27. Maritime Administration (MARAD)
Mission: To improve and strengthen the U.S. marine
transportation system—including infrastructure, industry,
and labor—to meet the economic and security needs of the
nation. The encompassing mission of MARAD is to
strengthen the U.S. maritime transportation system. The
programs within the agency promote the development and
maintenance of the nation’s merchant marine fleet in order
to support domestic and international commerce as well as
be capable of service as a naval and military auxiliary in
time of war or national emergency. During major military
deployments, 90% of the nation’s military materials move
through the U.S. port facilities.
28. Pulse of the Port: Security with Randy
Parsons; Train tours
29. Terrorist Screening Center
Mission: To serve as the authoritative source in coordinating the use of
terrorist identification information and consolidating the approach of
screening for all who act to prevent terrorist activities. On September
16, 2003, the President signed Homeland Security Presidential
Directive-6 (HSPD-6), requiring the establishment of an organization to
“consolidate the government’s approach to terrorism screening and
provide for the appropriate and lawful use of Terrorist Information in
screening processes.” Specifically, the Attorney General was directed to
create a new organization to consolidate terrorist watch lists and
provide 24-hour, 7-day a week operational support for federal, state,
local, territorial, tribal, and foreign government as well as private sector
screening across the country and around the world. As a result of this
presidential directive, the Terrorist Screening Center (TSC) was
created. Prior to the establishment of the TSC, the federal government
relied on information from numerous separate watch lists maintained at
a variety of federal agencies to prevent terrorists from obtaining visas
or entering the United States illegally, and to track suspected terrorists
within U.S. borders.
30. As of the end of fiscal year (FY) 2004, the TSC was a $27
million organization with approximately 175 staff. The Office
of the Inspector General (OIG) initiated an audit to examine
whether the TSC: 1) has implemented a viable strategy for
accomplishing its mission; 2) is effectively coordinating with
participating agencies; and 3) is appropriately managing
terrorist-related information to ensure that a complete,
accurate, and current consolidated watch list is developed
and maintained. They concluded, "Although we found that
the TSC had successfully created and deployed a consolidated
watch list database, we also determined that the TSC could
not ensure that the information in that database was
complete and accurate," the report stated. "We found
instances where the consolidated database did not contain
names that should have been included on the watch list. In
addition, we found inaccurate information related to persons
included in the database.
31.
32.
33. Conclusion
The U.S. government has taken giant steps in restructuring how to protect
the nation’s critical transportation infrastructure. However, it is now
several years after 9/11 and just 2% of the TSA’s $5.3 billion fiscal year
2005 budget is earmarked for anything outside of aviation. In the FY 2012
consolidated spending act (Public Law 112-074) signed by President
Barack Obama last Friday, TSA received about $7.85 billion, up $153
million from 2011. TSA and US Customs and Border Protection, perhaps
two of the three most visible DHS agencies along with the Federal
Emergency Management Agency, both received increases although the
total DHS budget dropped to $39.6 billion in base discretionary funding in
FY 2012, down about $111 million from last year.
Case Study: Model systems for information gathering and dissemination
can be found in the NJ State Police, the California Anti-Terrorism
Information Center, and the New York Police Department. Investigate
why these programs are so effective.
34. Discussion Questions and Exercises
1. Americans define homeland security in various ways. Define how the Department of Homeland
Security views itself.
2. The reform recommendations of the 9/11 Commission became law in December 2004. Explain
the changes.
3. List the main organizational components of the Department of Homeland Security.
4. How will the Coast Guard’s new mission relating to port security change the organization?
5. What reforms has the FMCSA instituted since 9/11?
6. How does the United States define critical infrastructure and what organization is tasked to
maintain it?
7. How has the TSA changed airport security? Or have they?
8. What is the mission of the National Transportation Safety Board?
9. Define the organization structure of the current Customs and Border Protection agency.
10. How has the FTA contributed to overall transportation security?
11. Discuss the concept of the combined “terrorist screening center.”
