Department of Homeland Security (DHS)
A background, overview and analysis.
Definition: Homeland Security
n
Homeland security is
a concerted national effort to prevent terrorist attacks within the United
States, reduce Americas vulnerability to terrorism, and minimize the damage
and recover from attacks that do occur.
n
(Source:
The National Strategy for Homeland Security p.2 Available: http://www.whitehouse.gov/homeland/book/sect2.pdf)
Background
The Problem
The Players
Vulnerabilities
n
The 9-11 attack underscored a number of structural factors in
American law enforcement, intelligence and infra structure protection that
made us vulnerable.
n
The 9-11 attack underscored a number of policies, approaches,
and attitudes that contributed to vulnerability
Vulnerabilities
n
The 9-11 attack also led to questions about law enforcement
vision
.
Post Attack Assessments
n
General sense: ill prepared
n
Intelligence capabilities limited.
n
Enforcement fragmented/direction-less
n
Databases limited, inaccessible
n
Communication poor
n
Response fragmented
n
Efforts lack focus/coordination
n
Reactive not proactive
Post Attack Assessments
n
A number of values were brought into question:
n
Open immigration
n
Open borders
n
Extensive due process for non-citizens
n
Profiling
n
Preventive/investigatory detention
n
Internal security mechanisms?
The Initiating Problem
n
Efforts to protect the homeland
at the time of the attacks of 2001 were largely:
n
uncoordinated
n
Given to frequent
infighting/rivalries which hampered effectiveness
n
Featured significant gaps in
efforts
n
Generally had poor communication
between agencies
n
Without a common theme or
organizing mission.
Homeland Responsibilities: The Players, 2001
n
Vested in a number of federal agencies (over 2 dozen.)
n
These agencies were located in different chains of commands
(Cabinet Departments such as Justice, Treasury, Commerce).
n
Their overall missions frequently compromised security concerns
(INS).
Homeland Security Responsibilities: 2001
n
Agencies responsible for
security were often small and fragmented within larger bureaucracies.
Pressing concerns could easily be overlooked or ignored.
n
No overall game plan for
protecting the country.
n
Intelligence databases were
particularly fragmented. Federal law enforcement agencies did not even
access each others information systems.
Sense: Poorly Prepared for Terrorism
n
In addition to the structural
items, legal procedures did not appear sufficient to address terrorism.
n
More proactive oriented
enforcement needed, legal basis for such enforcement lacking
n
Genesis of Patriot Act.
n
Dynamic tension between security
and freedom becomes clear.
Background Issues:
Federal Policing
n
Federal Presence -- Large media presence: Limited presence in
reality
n
Federal police: fragmented across a wide array of
agencies.
n
Federal agencies often small and as a result limited presence.
n
Tremendous Rivalry
n
Growing role conflict with local police.
Federal Law Enforcement
n
Role confusion
n
Absolute necessity to involve local police: hesitant to trust
local police.
Issue: Majority of Law Enforcement Local
n
State and local governments
operated 18,769 law enforcement agencies with at least one full or part time
officer.
n
Overall 921,978
Sworn: 663,536 Civilian
258,443
n
13,578 general purpose local
agencies
n
3,088 Sheriffs Departments
n
49 State Police
n
1,316 Special Jurisdiction
police
n
738 County Constables in Texas
Very Few Federal Law Enforcement Officers
n
Approximate 88,000
full-time authorized to make arrests and carry firearms (June 2000)
n
Police Response(patrol)
17,000 19%
n
Investigations (criminal) 36,000
41%
non criminal 12,000 13%
n
Security protection
2,169 3%
n
Court protection
2,652 4%
n
Corrections
16,000 18%
n
Other
339
Current Picture
n
Overlapping jurisdictions fostering conflict and competition.
n
Extremely decentralized, on purpose to protect individual
liberties.
n
Emerging overlay of centralization to deal with modern
realities.
n
Growing federal presence
n
Still considerable chaos
Federal Law Enforcement
n
Approximately 69 agencies. a combined annual budget for fiscal
2000 of approximately $18 billion.
n
Four of the five largest employers of Federal officers were
within the Department of Justice.
Federal Police
n
INS
17,654
n
Bureau of Prisons
13,557
n
F.B.I.
11,523
n
US Customs Service
10,522
Federal Police
n
Nearly 50,000, or 56.2%, worked
for the Department of Justice.
n
About 20,000, or 22.8%, worked
for the the Department of the Treasury.
n
The Department of the Interior
(4.1%).
n
Overall, executive branch
agencies employed 88%. Independent agencies (6.5%), the judiciary(4.2%),
and the legislature (1.6%) employed the rest.
Enforcement Agencies integrated into DHS
n
On March 1, 2003 the following enforcement agencies became part
of the Department of Homeland Security:
n
Immigration and Naturalization Service
n
Federal Protective Services
n
U.S. Secret Service
n
U.S. Custom Service
INS
n
Part of the Department of
Justice.
n
Established by Article 1,
section 8 of the U.S. Constitution.
n
In 1864 Office of the
Commissioner of Immigration of the Bureau of Immigration was created.
n
In 1903 this Office was placed
under the control of Department of Commerce and Labor.
Immigration and Naturalization Service
n
1940 placed in Justice
n
Purpose: to control entrance of aliens into the United States
and monitor those Aliens within the United States
n
Major INS Unit is the Border Patrol
n
About 3,920 agents patrolling about 8,000 miles of border
Immigration and Naturalization Service
n
1940 placed in Justice, Purpose:
to control entrance of aliens and monitor those Aliens within the United
States
n
The Inspections Branch of INS
employed 4,062 immigration inspectors with arrest and firearm authority at
ports of entry. These officers were classified under non criminal
investigation and inspection
Immigration and Naturalization Service
n
The INS operates three Interior Enforcement Units -- the
Investigations, Intelligence, and Deportation and Detention Divisions.
These Divisions employed 2,255 criminal investigators and immigration agents
for investigating crimes and 2,518 officers performing corrections-related
duties related to detention and deportation.
Immigration and Naturalization Service
n
Half of INS officers worked for
the U.S. Border Patrol. These 8,819 officers were 53% of the police
response and patrol.
n
The Border Patrol, the mobile
uniformed branch of the INS, is responsible for the detection and prevention
of smuggling and illegal entry of aliens, with primary responsibility between
the ports of entry. Border Patrol officers work in the vicinity of, the
8,000 miles of U.S. boundaries
U.S. Secret Service
n
Established July 5, 1865,
primary mission to address counterfeiting.(1863 first national currency
greenbacks
n
Following assassination of
McKinley 1909 Congress ordered the Secret Service to protect the president.
n
In 1965 after the assassination
of Kennedy renamed the US Secret Service.
U.S. Secret Service
n
Employs about 2,186 agents.
n
Has a uniformed division created
in 1922 to provide security for the White House, the Treasury Buildings,
presidential offices, vice presidents residence and foreign diplomatic
missions.
n
Authorize to investigate credit
card fraud, fraud involving electronic bank transfers and automatic teller
machines.
U.S. Secret Service
n
The second largest Treasury Department employer of federal
officers.
n
had a fiscal 2000 budget of $762 million
U.S. Customs Service
n
1789 Tariff Act, collected by
Customs service (for 125 years customs totally supported the federal
government)
n
Handles in addition to
collecting fees, the enforcement of over 400 provisions of law as to what can
enter and leave the country.
n
Largest of the Treasury
Enforcement Units
U.S. Custom Service
n
employed 10,522 officers. This included 7,729 inspectors
and 2,779 criminal investigators.
n
interdicts and seize contraband entering the United States,
process persons (1.3 million daily), vehicles, and items at more than 300 U.S.
ports of entry, and administer certain navigational laws.
Federal Protective Services
Federal Protective Services
n
was established by Presidential
Order in 1971 as a law enforcement organization within the U.S. General
Services Administration (GSA)
n
The US Federal Protective
Service is charged with providing the vast federal communities controlled by
GSA nationally with the necessary levels of protection to safeguard their
tenant federal agencies.
n
Protects over 8,000 federal
facilities
Federal Protective Services
n
GSA protects facilities for many
federal criminal justice agencies, including:
n
the U.S. Customs Service;
n
the Internal Revenue Service;
n
U.S. Immigration and
Naturalization Service;
n
Federal Bureau of Investigation,
n
the Drug Enforcement Agency,
n
the Bureau of Alcohol, Tobacco
and Firearms;
n
and the U.S. District Courts as
well as many other federal agencies.
U.S. Protective Services
n
The U.S. Federal Protective Service has three components:
n
U.S. Federal Protective Service Police
n
U.S. Federal Protective Service Physical Security
n
U.S. Federal Protective Service Support Services
USFPS
provides
all police and enforcement related services for GSA. The USFPS Police consists
of a force of uniformed Police Officers, appointed under Title 40, United
States Code, Section 318, as Special United States Police Officers "having
all of the powers of the sheriff and constable (except civil) to enforce
all laws passed for the protection of people and property". The USFPS
Police manning level was established as not less than 1,000 officers by
the US Congress (PL100-440 s/10) in 1988.
Federal Law Enforcement Training Center (FLETC)
n
Training Center for 60 federal
(1970) enforcement agencies (except FBI and DEA are at Quantico.)
n
Two campuses, Glencoe and
Tucson.
n
In addition to federal officers,
Indian Tribal Police, Some Private Security (Nuclear Plants) and some foreign
police.
n
Affectionately known as
Disneyland for police.
Coast Guard
n
Approximately 36,000 active duty
personnel
n
8,000 reservists
n
34,000 auxiliaries
n
232 cutters
n
211 aircraft
n
1,400 boats
n
95,000 miles of coastline
Mission Department of Homeland Security
n
The presidents
proposal identified four basic homeland security missions:
n
Border security
n
Emergency
preparedness and response
n
Information analysis
and critical infrastructure
n
Chemical,
biological, radiological, and nuclear countermeasures
Department of Homeland Security
n
The Department of Homeland
Security (DHS) is the largest federal reorganization since 1947, when the U.S.
Armed Forces were integrated into the Department of Defense. The last new
cabinet department was the Department of Veteran affairs established in 1989.
n
September
11th, 2001, The President recommended that 22 previously disparate agencies be
coordinated into one department to protect against homeland threats.
Department of Homeland Security (DHS)
n
DHS was
approved as a the 15th cabinet department by Congress in November 25, 2002.
n
The new department officially began operation on January 24, 2003. It is
intended to consolidate U.S. executive branch organizations related to
"homeland security" into a single agency by 2004. The new Department is headed
by former Pennsylvania Governor Tom Ridge.
Department of Homeland Security
n
It is
designed to consolidate U.S. defenses against terrorist attack and coordinate
counterterrorism intelligence.
n
It
incorporates parts of eight other cabinet departments. The November 2002
legislation gives the department has one year to consolidate the 22 agencies
it is adopting.
n
It supersedes, but
does not replace the Office of Homeland Security, which retains an advisory
role.
Mission of DHS
One department whose primary
mission is to protect the American homeland;
To secure our borders,
transportation sector, ports, and critical infrastructure;
To synthesize and analyze
homeland security intelligence from multiple sources;
Mission of DHS
To coordinate communications
with state and local governments, private industry, and the American people
about threats and preparedness;
To coordinate our efforts to
protect the American people against bio-terrorism and other weapons of mass
destruction;
To train and equip for first
responders;
To manage federal emergency
response activities; and more
security officers in the field working to stop terrorists.
DHS
n
DHS has Five Major
Divisions, or "Directorates":
n
Border and Transportation
Security (BTS)
n
Emergency Preparedness and
Response (EPR)
n
Science and Technology (S&T)
n
Information Analysis and
Infrastructure Protection (IAIP)
n
Management
Border and Transportation Security
n
BTS is
headed by an Under Secretary (Asa Hutchinson) responsible for the security of
borders and transportation systems. It is the largest Directorate, it houses:
n
Transportation Security Administration,
n
U.S. Customs
Service (Treasury),
n
the border
security function of INS (Justice),
n
Federal
Protective Service (GSA)
n
Animal &
Plant Health Inspection Service (Agri),
n
FLETC
(Treasury).
n
Office for
Domestic Preparedness (Justice)
BTS
n
Responsible for protecting
America's borders, territorial waters, and transportation systems by
centralizing information-sharing and databases that track and monitor.
n
Controlling all ports of entry,
BTS tracks commerce through initiatives such as the Container Security
Initiative (CSI), which inspects sea containers before they leave their
country of origin.
n
BTS will tighten the visa system
and improve security in transportation through training.
Emergency Preparedness and Response (EPR):
n
This
Directorate is headed by an Under Secretary (Mike Brown). Its
mission is to ensure preparedness and recovery from, terrorist attacks and
disasters. It houses
n
The Federal
Emergency Management Agency (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)
EPR
n
This directorate will create one
emergency response plan to be used at all levels of government and will ensure
that first-responders receive proper training and equipment.
n
It will manage assistance to
first-responders for disaster preparedness training and coordinate disaster
response procedures. FEMA will take the lead in controlling and coordinating
grant programs for firefighters, police, and emergency personnel.
Science and Technology
(S & T)
n
Headed by an
Under Secretary (Dr. Charles McQueary). This Directorate coordinates
efforts in research and development, related to terrorist threats involving
weapons of mass destruction. It will utilize all scientific and
technological advantages to secure the homeland. It is comprised of:
CBRN
Countermeasures Programs (Energy)
Environ
Measurements Laboratory (Energy)
National BW
Defense Analysis Center (Defense)
Plum Island
Animal Disease Center (Agriculture)
Information Analysis and Infrastructure
Protection
n
The IAIP is
responsible to identify and assess intelligence information concerning
threats to the homeland, issue timely warnings, and take appropriate
preventive and protective action.
n
The
Information Analysis and Infrastructure Protection directorate will analyze
intelligence and information from other agencies (including the CIA, FBI, DIA
and NSA) involving threats to homeland security and evaluate vulnerabilities
in the nation's infrastructure.
IAIP
n
Comprised
of:
Critical
Infrastructure Assurance Office (Commerce)
Federal
Computer Incident Response Center (GSA)
National
Communications System (Defense)
National
Infrastructure Protection Center (FBI)
Energy
Security and Assurance Program (Energy)
IAIP
n
Intelligence and Threat
Analysis. would fuse and analyze
intelligence and other information pertaining to threats to the homeland from
multiple sources including the CIA,
NSA, FBI, INS, DEA, DOE, Customs, DOT and data gleaned from other
organizations.
IAIP
n
Would merge
under one roof the identification and assessment of current and future
threats
n
map those
threats against our current vulnerabilities,
n
issue timely
warnings,
n
and
immediately take or effect appropriate preventive and protective action.
n
Partnering
with DHSs
intelligence and threat analysis division will be the new FBI Office of
Intelligence. The FBI and CIA reforms hopefully will lead to increased
information flow to DHS.
IAIP
n
This directorate will also be charged with evaluating weaknesses
in critical infrastructure, including food and water systems, agriculture,
health systems, and emergency services, banking and finance, and other
systems.
Management
n
Headed by an Under Secretary
(Janet Hale) Management will be responsible for budget, management and
personnel issues in DHS.
Secret Service Coast Guard
n
The Secret
Service and the Coast Guard will remain intact and report directly to the
Secretary.
n
The USCG
will also work closely with the Under Secretary of Border and Transportation
Security. USCG will maintain its independent identity as a military
service.
n
Upon
declaration of war or when the President so directs, the Coast Guard would
operate as an element of the Department of Defense, consistent with existing
law.
n
INS
adjudications and benefits programs will report directly to the Deputy
Secretary (ICE) as the Bureau of Citizenship and Immigration Services.
U.S. Secret Service
The Secret Service will report
directly to the Secretary of Homeland Security.
The primary mission of the
Secret Service will continue to be the protection of the President and other
government leaders, as well as security for designated national events.
The Secret Service will also
continue to be the primary agency responsible for protecting U.S. currency
from counterfeiters and safeguarding Americans from credit card fraud.
Bureau of Citizenship and Immigration Services
While BTS is responsible for enforcement of our nation's
immigration laws, the Bureau of Citizenship and Immigration Services
supervises immigration services and providing citizenship services. The
Director of Citizenship and Immigration Services reports directly to the
Deputy Secretary of Homeland Security.
Office of State and Local Government Coordination
Homeland security requires close coordination between local,
state and federal governments. This office coordinates homeland security
efforts with state and local first responders, emergency services and
governments.
Office of Private Sector Liaison
The Office of Private Sector
Liaison provides direct communications to the business community. The office
works with individual businesses and through trade associations and other
non-governmental organizations to foster dialogue with the Private Sector on
the full range of issues and challenges faced by America's business sector in
the post 9-11 world. It will work particularly closely with security
personnel from private industry.
Office of Inspector General
The Office of Inspector General serves as an independent and
objective inspection, audit, and investigative body to promote effectiveness,
efficiency, and economy in the Department of Homeland Security's programs and
operations, and to prevent and detect fraud, abuse, mismanagement, and waste
in such programs and operations.
The iceman cometh.
Bureau of Immigration and Custom Enforcement (ICE)
n
Effective
June 9th The Bureau of Immigration and Customs Enforcement
established a headquarters structure for operational components and a field
structure that provides an integrated chain of command.
n
It is
staffed by a workforce of nearly 14,000, ICE is the investigative arm of the
Department of Homeland Security (DHS).
ICE is comprised
of components from the former Immigration and Naturalization Service (INS),
the U.S. Customs Service, and the Federal Protective Service (FPS).
ICE
n
Combined are the investigative,
detention & removal, and intelligence functions of the former INS with the
investigative, intelligence, and air & marine functions of the former Customs
Service. All the functions of the former FPS are also part of ICE.
Bureau of Immigration and Custom Enforcement (ICE)
n
The new
structure calls for five distinct operational divisions of ICE:
n
Investigations,
n
Detention &
Removal,
n
Intelligence,
n
Air & Marine
Interdiction,
n
Federal
Protective Service.
n
All these
components will report directly to the Assistant Secretary of ICE.
Research and Development (R&D) (Grants)
n
The DHS will
become one of the major funding sources of R&D. The DHS R&D portfolio would
total $1.0 billion in the Administrations
FY 2004 request, a 50 percent jump.
n
- In FY
2003, DHS R&D would be mostly transfers of existing programs from DOD, DOE,
DOT, and USDA, but in FY 2004 a new Homeland Security Advanced Research
Projects Agency (HSARPA) would begin to fund extramural R&D.
R&D
n
- The bioterrorism R&D
portfolio would stay in the National Institutes of Health (NIH), but DHS
will
n
have a
priority-setting role.
Funding for Locals
n
Major realignment of funding
n
Traditional police funding sources will either decline or
disappear
n
Funding is being transferred to DHS
n
Grants will be for preparedness.
Issues
n
How does a modern and mobile
society coordinate 18,000 plus independent agencies?
n
Are the legal and enforcement
boundaries changing? See:
The Changing Boundaries Between Federal
and Local Law Enforcement
by Daniel C. Richman
In
Criminal Justice 2000, Volume 2: Boundary Changes in Criminal Justice
Organizations. 2000, NCJ 18240
Issues
n
Law enforcement versus security
n
Information Sharing
n
Turf
Budget FY2004
n
Border/Transportation Security
n
$18
billion
n
Infrastructure/technology improvements (smart borders)
n
$273
million
n
Border
entry/exit tracking
n
$100
million
n
Training
programs
n
$146
million
Budget FY2004
n
Transportation Security Act (TSA)
n
$4.8 billion
n
First response
firefighter equipment
state and local law enforcement
terrorism prevention
n
$3.5 billion
$500 million
$500 million
Budget FY2004
n
Coast
Guard
Maritime terrorist response
Maritime
"911" system
Search
and rescue personnel
"Deepwater"
program
n
$6.8
billion
$65 million
$134
million
$20
million
$500
million
Budget FY2004
n
National Emergency Response
n
Strategic
National Stockpile maintenance and improvement
n
$400
million
n
Biodefense
vaccines/medications
n
$890
million
n
Disaster
relief
n
$1.9
billion
n
Pre-disaster hazard mitigation program
n
$300
million
Budget FY2004
n
Flood
Insurance Rate Map replacement
n
$200
million
n
Science
and Technology
n
$350
million
n
Information Analysis and Infrastructure Protection
n
$829
million
n
Critical
infrastructure assessment
n
$500
million
FY2004
n
Immigration Services
n
$500
million
n
Reduce
application backlog, speed up procession
n
Non-Homeland Security Functions
n
$12.2
billion
n
Coast
Guard Search and Rescue, Secret Service, currency- and financial-integrity
protection
Budget FY2004
n
IT
initiatives
n
$117
million
n
HLS
Information Technology and Evaluation program
n
$21
million
n
Narrowband
operations conversion
n
$68
million
n
Counterterrorism
n
$40
million
Issues
n
Controversy about
adoption centered on whether the Federal Bureau of Investigation and the
Central Intelligence Agency should be incorporated in part or in whole.
n
The bill itself was
also controversial for the presence of unrelated riders, as well as
eliminating some standard civil service and labor protections from employees
of the department. Administration wanted the right to fire an employee
immediately, for incompetence or insubordination.
Issues
n
How do you do homeland security
without the FBI?
n
the sheer
magnitude of the proposed bureaucratic restructuring may trigger turf wars and
distract senior U.S. officials from other aspects of the war on terrorism.
n
Some
policy experts warn that important agency missions unrelated to homeland
securitysuch
as the main focus of the Coast Guard, search and rescue at seacould
suffer.
Issues
n
Finally,
simply putting agencies under one roof doesnt
mean theyll
work better. Intelligence experts disagree over whether the new departments
proposed intelligence division will do any better at coordinating intelligence
efforts than the FBI and CIA did before the September 11 attacks. Much will
depend, experts say, on whether the new secretary is given a real mandate for
change.
Issues
n
The
department does not include the FBI and CIA, its new intelligence division
will review reports of threats culled from intelligence community. It
will assess credibility, issue warnings, and order preventive measures.
n
The FBI
will retain its status as the front-line agency handling terror threats at
home, and the CIA will continue to monitor terrorism abroad. The Department of
Homeland Securitys
intelligence division will rely largely upon reports, rather than raw data,
from the FBI and CIA.