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HM 598 Emergency Management Innovation
- 1. HISTORY/BACKGROUND 9/11 Attacks: The September 11 terrorist attacks on New York City are known as 9/11 attacks. Al-Qaeda a terrorist group was found guilty. Approximately 3,000 civilians lost their lives.
- 2. AFTER-SHOCKS Dire concerns arose in public regarding homeland security and emergency management. Economic shocks along with security and safety shocks followed right after the 9/11. Strict security measures were taken after the attacks.
- 3. Emergency Management What is emergency Management? Emergency management or preparedness is basically a preventive and pre-emptive measure taken to avoid natural and man made disasters such as 9/11. The political and administrative governments are evaluated and analyzed on the basis of their performance in routine tasks along with emergency cases.
- 4. Emergency Management Purpose: To enhance the ability and capacity of a country or an organization with regards to un-welcomed natural or un- natural calamities. The core duty of these departments is to enhance the capacity and capabilities of the country. Successfully competing with the calamities or terrorist attacks that might be probably occur in future. to Protect the lives and properties of the people, Alleviating of human suffering and hardship through proper planning and pre-emptive measures.
- 5. Emergency Management Pros: Fool Proof Security provision to the public. Elimination of threats and possible terrorist attacks. Cons Interference in public and private life. Un-lawful scrutiny of individuals etc.
- 6. Emergency Management American Emergency Management: Establishment of Department of Homeland Security. Strengthening the federal and district law enforcement agencies Heavy investment in the security and safety protection measures. Ensuring maximum homeland security by strengthening and investing in the security agencies.
- 7. HOMELAND SECURITY Introduction/Background The Homeland Security Department was established after the September 11 attacks against the United States. A coordinated national effort to prevent terrorist attacks against the United States. The governor of Pennsylvania, Tom Ridge was assigned to be the Director of the Office of Homeland Security in the White House.
- 8. HOMELAND SECURITY About the Agency: The current structure of the DHS is to protect United States from internal and external threats. The other departments within the structure of the DHS are responsible to work with health, safety, and immigration etc. Agency comes up with strategies for emergency and hazardous threats against citizens. Agency comprises of different characteristics for its promulgation of ideas.
- 9. HOMELAND SECURITY Three Core Characteristics: Centralization: The Constitution of the United States divides the powers between the state and federal government along with local governments. Complacency: Assuring national security is actually a competition between the determined adversaries which are innovative and the American people as well. Politics: Homeland Security is susceptible with the politics as other different functions of the government.
- 10. HOMELAND SECURITY MISSION Enhancing security and preventing terrorism. Securing and Safeguarding cyberspace. Disasters resilience. Managing and Securing borders. Administering and Enforcing US immigration laws.
- 11. HOMELAND SECURITY & EMERGENCY MANAGEMENT Emergency management is the core reason for the establishment of Department of Homeland Security. For proactive measures aimed at intercepting terrorists before they execute their criminal acts. This connection between emergency management and homeland security resulted in Homeland Security Act of 2002 and Patriotic Act of 2001 (Jory, 2006). However, there has been a lot of criticism on the Acts passed for the Homeland Security purposes.
- 12. Development of New Protocols Roles and Responsibilities: To create a well-oiled counterterrorism and intelligence initiative. The inclusion of a federal agency-the National Counterterrorism Center (NCTC). The merging of counterterrorism and intelligence functions of two existing agencies-the Federal Bureau of Investigation (FBI) and the Central Intelligence Agency (CIA). The creation of an agency, which will coordinate the counterterrorism and intelligence functions with United States and globally sanctioned justice policies.
- 13. Development of New Protocols NCTC Operate as a link between agencies Lead inter-agency meetings Maintain a database of known terrorists
- 14. Development of New Protocols GIIA Analyze potential terrorist cases Prevent terrorist acts Respond to terrorist attacks
- 15. Development of New Protocols CJCA Improve cooperation between justice departments Stimulate and improve coordination between agencies Provide expert justice advice
- 16. Development of New Protocols Specific Functions NCTC Offer counterterrorism updates to other agencies Issue alerts and warnings Conduct meetings between the GIIA and CJCA
- 17. Development of New Protocols GIIA Collect intelligence Share intelligence Deploy intelligence to deter terrorism
- 18. Development of New Protocols CJCA Transmit the related legal requirements Analyze the NCTC and GIIA procedures from a legal perspective Offer prosecution mechanisms
- 19. Development of New Protocols Counterterrorism and Intelligence Policies: A flexible legal framework An effective prosecution framework An effective resource allocation framework
- 20. President of the United States of America The president of United States is requested to consider these recommendations. This will enhance the security and safety of the country. Public and Private Property and Lives will be more secure than before, if these recommendations are incorporated. Department of Homeland Security will work more effectively in future.
- 21. References Best Jr, R. A. (2011). The National Counterterrorism Center (NCTC)—Responsibilities and Potential Congressional Concerns. Washington DC: CRS Report for Congress. Betts, R. K. (2013). Enemies of Intelligence: Knowledge and Power in American National Security. Columbia University Press. Casale, D. (2008). EU Institutional and Legal Counter-terrorism. Defence Against Terrorism Review, 49-78. Duyan, A. (2012). Analyzing Different Dimensions and New Threats in Defence Against Terrorism. IOS Press. Victoria Police. (2013). Victoria Police Counter Terrorism Framework-Protecting Victoria from Terrorism-Everyone's Responsibility. Melbourne: Office of the Police Chief Commisioner.
- 22. References Bush, G. W. (2002). The Department of Homeland Security. Washington, DC: U.S. Government Printing Office. FBI. (2013). Major Terrorism Cases – Past and Present. Terrorism. Retrieved from http://www.fbi.gov/about- us/investigate/terrorism/terrorism_cases Jory, J. (2006). Anti-terrorism legislation: A constitutional problem. Brigham Young University Prelaw Review, 17, 35-43. McNeill, J. B., & Carafano, J. J. (2009). Terrorist Watch: 23 Plots Foiled Since 9/11. The Heritage Foundation. Retrieved from http://www.heritage.org/research/reports/2009/07/terrorist-watch-23-plots- foiled-since-9-11 Rogers, S. (2013, April 17).Four decades of US terror attacks listed and detailed. The Guardian. Retrieved from http://www.theguardian.com/news/datablog/2013/apr/17/four-decades-us- terror-attacks-listed-since-1970#data
- 23. References Secretary Napolitano Highlights DHS Progress in 2011. www.dhs.gov/news/2011/12/22/secretary-napolitano- highlights-dhs-progress-2011 Homeland Security and Law Enforcement. www.drtomoconnor.com/3430/3430/ect02b.htm Brief Documentary History of the Homeland Security Department 2001-2008. www.hsdl.org/?view&did=37027 Creation of the Homeland Security Department. www.dhs.gov/creation-department-homeland-security www.fbi.gov/new/testimoy/intelligence-sharing-with-federal- state-and-local-law-enforcement-10-years-after-9-11 http://www.dhs.gov/ynews/releases/20111222-dhs-progress- 2011.shtm
Notas do Editor
- 9/11: The September 11 terrorist attacks on New York City marked a new high in global terrorism. The Al-Qa’ida terrorist group proves a security challenge to United States’ and it allies’ interests around the world. The September 11, 2001 is one of the most memorable event that involved terrorist attacks different cities and in the United Sates. This day and event in general has been referred to as the 9/11 attacks on the World Trade Center since world this is the point where the magnitude of the impacts was felt more. The incidence involved the carjacking of planes that was perpetrated by the terrorists who were believed and later identified as the Al-Qaeda militia group and of whom were affiliated to the Muslim jihadists. T he main reason behind this attacks were the revenge on the efforts of the United States to end further Al-Qaeda advancement as far as terrorism is concerned through deploying U.S for into Iraq, Afghanistan and even Somalia. The attacks are believed to have been planned under the leadership and consultation with the terrorists leader, Osama bin Laden who was by that time believed to be facilitating and financing the attacks on U.S civilians and embassies all over the world. The plans on ending the activities of the militia group was and is still being viewed as an international issue and with this fact, all the countries have been involved in the efforts towards quenching the heinous activities of the al Qaeda but the terrorist associate it with the United states of America given the fact that it is the superpower among all other nations, Brands, (2012). The September 9, 11 attacks therefore have great significance both in history of the United States and even the whole world. The attacks led to new design of security measures by the U.S government with the aim of promoting proper security of the states as far as the security is also concerned. Plans and security strategies have also been put in place to ensure that the united states of America do not experience such attacks in the future. Measures have been put in place since the attacks of 9/11 that will ensure that security of the nation will never in the near future be jeopardized like before. A huge sum of finances have been invested in security and external and internal defense. This has all been aimed at promoting security and preventing incidences similar to that of September 11, 2001.
- After the September 11 attacks, it has become significant to examine whether there is a point of equilibrium between homeland security and maintaining the fundamental civil liberties that are promised in the constitution and to examine whether security issues would ever trump the freedom of U.S. citizens. The examination of these issues is made even more important by the passage of the Patriot Act that established the use of fusion centers across the country (Hor, 2002). Ideally, the issue of security in the U.S. is discussed primarily in the sense of domestic security of each individual against invasions from other individuals in the same community. Researchers claim that one of the biggest responsibilities for any given government is guaranteeing do this for them. Security analysts point out that the things that people refrain from due to the involvement of the state would flourish through private action. For this reason, there could be greater economic prosperity if the state was not involved and people would also be more inventive. This fact alone means that the biggest role of the government is to ensure that the rights of other people are not encroached upon (Morrow, 2012).
- Emergency Management: Emergency management or preparedness is basically a preventive and pre-emptive measure taken to avoid natural and man made disasters such as 9/11. The political and administrative governments are evaluated and analyzed on the basis of their performance in routine tasks along with emergency cases.
- Purpose The purpose of Emergency Management is to enhance the ability and capacity of a country or an organization with regards to un-welcomed natural or un-natural calamities. For emergency management purposes, a country or an organization basically creates departments for the preparedness of emergencies. The core duty of these departments is to enhance the capacity and capabilities of the country for successfully competing with the calamities or terrorist attacks that might be probable in the future. Adding on, the purpose of emergency management system and organization establishment is to Protect the lives and properties of the people, Alleviating of human suffering and hardship through proper planning and pre-emptive measures. Maintaining and restoring of essential facilities and services to the public so as to provide security and safety. Another purpose is to ensure the continuity of operations that are in process for the emergency management.
- Pros & Cons: The core aim of the establishment of emergency management system in a country is to provide fool-proof security and safety to the residents of the locale or the country from different un-welcoming hazards. Hence, if the organization or mechanism is working in true letter and spirit, the processes of the emergency management system or organization can be tentatively considered as its benefits or pros – such as pre-emptive measures taken by the organization for public safety and security. However, the cons or negative aspects of the emergency management system is interference of these organizations in the private life of the individuals for-example the interception of calls, fourth amendment etc.
- American Case: As far as emergency management is concerned, America took numerous bold steps towards maintaining the security of the country right after 9/11. For-example establishment of Department for Homeland Security, whose core aim is to protect the country and prevent it from the terrorist attacks such as 9/11 or similar sort of attacks in the future. Emergency management has been ensured by the government in the recent years after the 9/11 incident, this process has been carried out in numerous forms and types such as strengthening of the security agencies such as FIA, FBI, CIA, Homeland Security Department and other law enforcing and emergency management agencies.
- The Homeland Security Department was established after the September 11 attacks against the United States. It is officially defined by the National Strategy for Homeland Security as a coordinated national effort to prevent terrorist attacks against the United States. It is also there to reduce the vulnerability in terrorism, and to diminish the damage and be able to get back on our feet from successful attacks. The governor of Pennsylvania, Tom Ridge was assigned to be the Director of the Office of Homeland Security in the White House. “The office oversaw and coordinated a comprehensive national strategy to safeguard the country against terrorism and respond to any future attacks” (DHS.gov). In November 2002, the Homeland Security Act was passed by Congress. Following the terrorist attacks of 9/11, a transformation has been developing in regards to relationship between federal, state, local homeland security agencies, law enforcement, and intelligence agencies. The so-called wall between the intelligence and law enforcement agencies has been destroyed, making law enforcement to undergo many changes and become more like intelligence agencies. The impacts on these drastic changes have impacted state level members severely. The state government members have been given the lead role in homeland security. Many states have replied to these changes by joining existing public security, law enforcement, and emergency response capabilities, and tie them to the same local assets to open a passage to other states.
- The current structure of the DHS and other agencies protecting the US from internal and external threats is composed of sixteen offices and departments. There are also administrative offices that supervise personnel and budgets, like the Directorate for Management, the Office of Policy and the Office of Operations Coordination and Planning. The other departments within the structure of the DHS are responsible to work with health, safety, and immigration. Research and development are carried out through scientific departments like the Directorate for Science and Technology. The agency that is responsible for the country’s transportation systems is the Transportation Security Administration. The Federal Emergency Management Agency comes up with strategies for emergency and hazardous threats against citizens. The agencies that handle current and future threats are The Domestic Nuclear Detection Office, the Directorate for National Protection and Programs, and the Office of Intelligence and Analysis. They are all structured together to protect the US from internal and external threats. They report research and recommendations to the United States Government. The change in threats America faces today requires a new government structure to better protect us from enemies that are invisible that can strike with a variety of weapons. There are many changes that can be done to the current structure to protect our nation. The responsibilities for homeland security are distributed throughout more than 100 government agencies. One change is to have one single unified homeland security structure that improves protection against these threats. This single independent agency’s mission will be to protect our nation. Another change is to better secure our borders. The last change is to add more security officers in the field to stop terrorists. Each agency should focus on their mission and responsibilities to better protect and keep America safe.
- Centralization – The Constitution of the United States basically divides the power between state and federal government and local governments. This principle may not be some of the archaic concepts, which were dreamt up by the Founding Fathers of placate skeptics in a strong government, rather it was deliberately designed so as to save the nation from centralizing of the power in Washington. Centralization also determines the reality of the state and local governments as well have resources with them, experience, and geographic locus to deal with the physical threats into their communities. Complacency – assuring national security is actually a competition between the determined adversaries which are innovative and the American people as well. If the United States becomes complacent it will most probably pay a very heavy price for it. On contrary to that, Americans along with their representatives must connect expectations with the realistic outcomes only. Realizing the fact that the nation is unable to expect to stay ahead of terrorists is difficult, even if the status quo is accepted. Politics – Homeland Security is susceptible with the politics as other different functions of the government. Every member in Congress has his own constituents and other stakeholders who are always lobbying for more and more money along with more resources. Every single member has an assignment which endows him/her with the power and also attracts powerful friends. The Congress reputes well for passing the laws which give expedient messages politically, but at the same time, they call for unattainable results as well. Politics has frequently failed to produce good results in policy making.
- Maturing and strengthening the Homeland Security Agency requires the DHS missions to be representative of the challenges the department faces. This mission aims to identify the strategic priorities that DHS should adapt, opposite to the politics and other bureaucratic problems which often weaken the financial policy making. The president of America must be very careful in budget allocations. The missions of DHS can be listed into five points: Enhancing security and preventing terrorism. Securing and Safeguarding cyberspace. Disasters resilience. Managing and Securing borders. Administering and Enforcing US immigration laws. The international terrorist groups have enhanced their technological structures by actively using computer, internet and other technicalities for the communication with America. This technology shift gives a next level threat to United States from any sort of coordinated attack on the country. However, the critics argue that if the terrorists manage to pull up a terrorist attack on the United States, it might be very destructive for the infrastructure of the country. Most importantly, if there is a cyber-attack on the country’s infrastructure, it will be humiliatingly disastrous for the country. So, America has to focus on its cyber security so that if there is any sort of organized terror attack even on the cyber infrastructure of the country, it will have an equal impact on the country as 3/11 did. However, it cannot be argued with a firm belief that the terrorist organizations are actually planning to attack or hack the American computers because the vulnerability of the computers is persistent throughout the world. In addition to that, the hackers on the internet who have attacked the computers across the globe mostly are unable to be traced as yet by any security agency. According to a survey, random attacks on the computers by the hackers have increased overtime via the use of automated tools which help the hackers in attacking the computers easily, without being noticed at all. This trend of using the automated attack tools is increasing day by day and now has overwhelmed the methodologies which are being used for the tracking of internet cyber-attacks.
- The government took proactive measures aimed at intercepting terrorists before they execute their criminal acts. The Department of Homeland Security (DHS) is one of the landmark developments that occurred in the aftermath of the 9/11 attacks (Bush, 2002). It came into being after the passage of the Homeland Security Act of 2002. Another key development that came hot on the heels of the America’s worst terrorist attack was the Patriotic Act of 2001 (Jory, 2006). The two Acts combined to move America’s anti-terrorism efforts from being reactive to proactive. Coupled with other supportive Acts and amendments, the U.S. had put together a formidable tool for counterterrorism. However, after a few years of being in existence the DHS and the Patriot Act started eliciting sharp criticism. Some critics have gone to the extent of terming the Patriot Act as unconstitutional based on claims that it infringes on the fundamental rights of Americans. Similarly, the DHS has been criticized as being inefficient and a waste of taxpayer resources. Incidentally, the criticism comes at a time when the U.S. is enjoying a terror-free period. Contrary to the position of critics, this relative calm seems to suggest that the DHS, the Patriot Act and other supportive legislations are effective. Jory (2006) however, notes that the Patriot Act is implemented in secrecy, making it difficult to know the exact number of terrorist plots that have been stopped before execution since its enactment. Thus, there is a need to examine whether the DHS and the Patriotic Act are worth the sacrifices they have compelled Americans to make.
- To create a well-oiled counterterrorism and intelligence initiative, the inclusion of a federal agency-the National Counterterrorism Center (NCTC). The merging of counterterrorism and intelligence functions of two existing agencies-the Federal Bureau of Investigation (FBI) and the Central Intelligence Agency (CIA). This will create a leaner agency, which is Global Intelligence, and Investigation Agency (GIIA). The creation of an agency, which will coordinate the counterterrorism and intelligence functions with United States and globally sanctioned justice policies. Borrowing heavily from the European network of judicial systems, Eurojust (Casale, 2008), the Central Justice Coordination Agency (CJCA) will serve as the bridge between the aforementioned agencies and the justice system. The roles and responsibilities of the proposed agencies. The paper will illustrate the new roles the NCTC will undertake in light of the proposed agencies and the functions that the merged agency, the GIIA will assume to ensure that the effort to streamline the CIA and FBI does not overlook the existing functions. Finally, the roles and responsibilities of the CJCA will illustrate how the federal agencies can overcome the previous justice challenges.
- NCTC Operate as a link between agencies The NCTC provides the coordinating link between the other counterterrorism and intelligence agencies with other federal agencies, for example, Department of Energy, Agriculture, Treasury, Nuclear Regulatory Commission and Health and Human Services. NCTC is the first stop when other unrelated federal agencies require updates on counterterrorism and intelligence. Lead inter-agency meetings NCTC serves as the chairing agency when all the counterterrorism and intelligence agencies take part in status meetings. It serves as the center for collection of all intelligence gathered by the counterterrorism agency and the intelligence agency. Maintain a database of known terrorists The NCTC maintains the central database of all information gathered on terrorists’ activities. It provides advisories, alerts and warnings according to the directives it obtains from the other agencies.
- GIIA Analyze potential terrorist cases The GIIA uses its intelligence to determine the appropriate action that the appropriate federal agencies should take to curb possible terrorist strikes. Its specialized personnel have the technology and capacity to note relations between terrorist activities and determine their other potential targets. Prevent terrorist acts The GIIA has the mandate to track suspicious individuals and determine whether they plan to contribute to terrorist cases, recruit members of the society or actualize a strike. The GIIA will use the global inter-agency networks to track activities of confirmed terrorists. Respond to terrorist attacks The GIIA has the mandate to deploy the necessary force to prevent terrorist from inflicting further damage once they roll out their strikes. The agency’s global footprint enables it to respond to terrorists strikes at the source or in the course of execution.
- CJCA Improve cooperation between justice departments The CJCA will provide the necessary justice mechanisms to allow the GIIA and the NCTC to carry out their mandate across the United States and other international jurisdictions. The CJCA works to ensure that any project that the other two agencies execute have the appropriate legal backing to facilitate their logical conclusion. Stimulate and improve coordination between agencies The CJCA has a mandate to initiate the necessary legal procedures to allow the NCTC and the GIIA to carry out their activities across multiple unrelated agencies without disregarding the numerous local and international statutes. This will allow the other two counterterrorism and intelligence agencies to transfer their expertise between each other, with minimum legal bureaucracy. Provide expert justice advice The CJCA will provide the necessary legal counsel to the other counterterrorism and intelligence agencies and ensure that their activities do not supersede the confines of the United States constitution and other related international statutes.
- Specific Functions The NCTC, GIIA and CJCA agencies require a clear outline of the functions they should perform to avoid an overlap of activities. The existing counterterrorism and intelligence agencies are bulky and problematic. The existing agencies’ inefficient organization and uncertain modus operandi means that they risk the United States security at a time of high terror concerns (Betts, 2013). To address this problem, the paper will list the specific functions each proposed agency will carry out. NCTC Offer counterterrorism updates to other agencies The NCTC will inform the other federal agencies on the state of terrorism in the local and international regions, which might affect the United States and its allies’ interests. This agency will regularly update the agencies that manage the nation’s critical infrastructure to ensure they do not expose the United States resources to unnecessary risk. Issue alerts and warnings The NCTC will create an appropriate risk monitoring system that allows it to transmit simple alerts and warnings to the public. The agency will generate advisories from time to time to ensure that the public is aware of the threats they face when they attend their duties locally and abroad. Conduct meetings between the GIIA and CJCA The NCTC will draft an appropriate timetable to ensure that the GIIA and the CJCA share information and intelligence within appropriate periods. This will prevent intelligence lying idle while other federal agencies implement their functions without sufficient awareness of the potential terrorist threats they might face (Victoria Police, 2013) .
- GIIA Collect intelligence The GIIA will collect, manage and ensure they observe the legal standards that the GJCA advices. The agency will use its resources to gather evidence of terrorist plans and activities. It will maintain covert stations and initiate missions that monitor potential terrorists to ensure that the United States government has knowledge of plans against its interests beforehand. Share intelligence The GIIA will transmit the intelligence it collects to the NCTC so that it can generate the necessary alerts and warnings. The agency has mandate to generate simpler patterns from its complex intelligence gathering capacities. The GIIA will also create specific divisions from time to fulfill the needs of the United States government to keep track of its interests, locally and abroad. Deploy intelligence to deter terrorism The GIIA has the mandate to carry out pre-emptive strikes on terrorist cells using its intelligence database. The agency will use the legal framework provided by the CJCA to determine the level of intervention it will deploy to prevent terrorist organizations from striking United States interests.
- CJCA Transmit the related legal requirements The CJCA will communicate the appropriate legal framework to the NCTC and the GIIA from time to time. The United States legislature institutes policies regularly to keep pace with the rapidly changing interests of the nation compared to the prevailing threats. The CJCA will analyze the legal requirements of these policies and notify the NCTC and GIIA to update their approaches accordingly. Analyze the NCTC and GIIA procedures from a legal perspective The CJCA will investigate any claims concerning the approaches of the NCTC and the GIIA to ensure that these two agencies function within the confines of the law. The CJCA will also offer advice to the two agencies on a case-by-case basis to finalize the counterterrorism and intelligence proposals of two agencies. Offer prosecution mechanisms The CJCA will provide the GIIA with the mechanism to prosecute terrorist suspects. The CJCA will also lobby on behalf of the other two agencies to ensure they have enough legal backing to implement their procedures as the security environment dictates. Because terrorist organizations constantly modify the nature of their attacks, the CJCA will ensure that the NCTC and GIIA procedures can keep up on the legal front with the rapidly changing security concerns.
- Counterterrorism and Intelligence Policies The Department of Homeland Security should institute policies that will allow the three counterterrorism and intelligence agencies to function efficiently. This paper outlines some of those policies below. A flexible legal framework The CJCA should have the mandate to propose amendments on the existing rules and regulations to allow the other three agencies to counter the rapidly changing terrorist organization’s activities. An effective prosecution framework The GIIA should have the ability to offer terrorist suspects for prosecution. However, the Department of Homeland Security should manage the high-level processes to prevent the suspects to go scot free due to overlapping international statutes. An effective resource allocation framework The legislature should institute sufficient policies to allow the counterterrorism and intelligence agencies to manage the outsourcing of their non-critical functions efficiently.