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• 1. Chapter Eleven: Government Agencies

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. 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. 4. 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 5. 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 6. 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. 7. 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 nations 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. 8. 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 9. 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. 10. Critical Infrastructure Assurance Office (CIAO) Presidential Directive PDD 63, which has since been superseded, called for a national effort to identify and protect the nations 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. 11. 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. 12. Office of Energy Assurance (OEA) The Department of Energys Office of Energy Assurance leads the federal effort to ensure a secure and reliable flow of energy. OEAs 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). 13. 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 14. 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. 15. NTSB's 2013 Most Wanted List 16. 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. 17. 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. 18. Immigration Relief for Victims of Human Trafficking Video 19. 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. 20. 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. 21. Emergency ServicesFirefighters and First Responders APWA and ARRR: 22. 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. 23. Maritime Administration (MARAD) Mission: To improve and strengthen the U.S. marine transportation systemincluding infrastructure, industry, and laborto 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 nations 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 nations military materials move through the U.S. port facilities. 24. Pulse of the Port: Security with Randy Parsons; Train tours 25. 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 governments 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. 26. 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. 27. Conclusion The U.S. government has taken giant steps in restructuring how to protect the nations critical transportation infrastructure. However, it is now several years after 9/11 and just 2% of the TSAs $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. 28. 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 Guards 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.