Study Guide for Chapter 1
The Idea and Origin of Homeland Security

1.  Define Homeland Security: efforts to ensure that the United States is safe, secure, and resilient against terrorism and other hazards.

 2. Homeland Security covers all aspects of safety and security within the geographical limits of the United States.  That is, within the U.S. it covers people, modes of transportation (aircraft, vessels. trains, subways), structures (including buildings, bridges, airports, dockyards, power plants, etc.) and cyber security. 

3.  Federal law, 18 U.S.C. 2331, defines the term "Terrorism" to include activities that involve:
   a. violent acts or acts dangerous to human life that violate federal or state law, 
   b. where such acts appear intended to intimidate or coerce a civilian population, or
   c. to influence the policy of a government by intimidation or coercion. 

4.  Two historical examples of states using terror to achieve political objectives:
  a. Roman slave revolt led by Spartacus – the ancient Romans crucified 6,000 captured slaves along the ApianWay as an example of what happens to those that revolt from slavery. 

  b. The French Revolution and the Reign of Terror – The Committee of Public Safety executed hundreds of French citizens suspected of being enemies of the revolution (counter-revolutionaries).

5.  A historical example of an individual act of terrorism:
In June 1914, a Serbian nationalist assassinated Archduke Franz Ferdinand of Austria, the nephew and heir to the Austro-Hungarian Empire, and his wife.  This "shot heard around the world" was one of the causes of World War I.-- It has become associated with the assassination of Archduke Franz Ferdinand of Austria in Sarajevo on 28 June 1914, an event considered to be one of the immediate causes of World War I. 

6.  Three 20th Century examples of state terrorism:
  a. Nazi Germany - The Final Solution/Holocaust" (extermination of the Jewish people). Also, the mass murder of any considered people considered inferior to Aryans – the infirm, the mentally feeble, and all resisters (resistance fighters, communists, clergy, anti-Nazis, etc.).

  b. The Japan Empire - in 1937 the Japanese army invaded China and engaged in what is called "The Nanking Massacre or the Rape of Nanking." At that time Nanking was the capital of the Republic of China. Over a six week period the Imperial Japanese Army murdered an estimated 40,000 to over 300,000 Chinese civilians and disarmed combatants, and perpetrated widespread rape and looting.

  c.  The Soviet Union (USSR) under Joseph Stalin - it is estimated that under Stalin (1922-1952) the USSRmurdered perhaps 10 million people – mostly, its own citizens.  Many were executed (including anti-communists, those charged with political offenses, and German prisoners from WW2), and others were killed because of state-caused famines in 1932-33.   

7.  Examples of groups that engaged in domestic terrorism prior to 9/11:
  a.  Klu Klux Klan - "Founded in 1866 by six former members of the Confederate Army the Klu Klux Klan (KKK) extended into almost every southern state and became a vehicle for white southern resistance to the Republican Party's Reconstruction-era policies aimed at establishing political and economic equality for blacks. Its members waged an underground campaign of intimidation and violence directed at white and black Republican leaders."

  b. The Weathermen - Founded in 1968 the Weathermen issued a "Declaration of War" against the U.S. to "lead white kids into armed revolution."   The group believed that "revolutionary violence" was needed to fight America's military foreign interventions such as the Vietnam War.  

8.  Example of a U.S. individual who engaged in domestic terrorism prior to 9/11:

Timothy McVeigh, an ex-U.S. Army soldier and security guard, used a rented Ryder truck filled with explosives to blow up the Alfred P. Murrah Federal Building in downtown Oklahoma City killing dozens.  Among other reasons, McVeigh's motivation for the bombing was to retaliate against federal agents for their role in the Ruby Ridge standoff and the Branch Davidian siege at Waco, Texas.

9.  Examples of terrorist acts and plots in the U.S. caused by foreign terrorists prior to 9/11:
  a.  1993 bombing of the New York World Trade Center – Conspirators linked to Al Qaeda exploded a bomb in  the parking garage beneath the World Trade Center. Six people were killed and over a thousand injured.

Study Guide for Chapter 3 (b) | PDF

ADJ-243        Study Guide for Chapter 3, PART 2
Homeland Security Law, Regulations, and Budgeting
1.  The Federal Statute referred to as the posse comitatus statute is 18 U.S.C. 1385 which provides: Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.

The Posse Comitatus Act is a United States federal law (18 U.S.C. § 1385, original at 20 Stat. 152) signed on June 18, 1878 by President Rutherford B. Hayes. The purpose of the act – in concert with the Insurrection Act of 1807 – is to limit the powers of the federal government in using federal military personnel to enforce domestic policies within the United States. It was passed as an amendment to an army appropriation bill following the end of Reconstruction, and was subsequently updated in 1956 and 1981.

2.  Despite the posse comitatus statute’s continuing prohibition against using the U.S. Armed Forces to execute law, over the past 30 years numerous laws have been passed that authorize the military to assist law enforcement agencies in antiterrorism and drug enforcement efforts.

3.  The USA PATRIOT Act was signed into law in October 2001. The USA PATRIOT Act was developed out of the belief that intelligence had been so poor prior to the attacks. It sought to correct the perceived failures in intelligence. 

4.  The USA PATRIOT Act was passed nearly unanimously by the Senate 98-1, and 357-66 in the House, with the support of members from across the political spectrum.  The USA PATRIOT Act is an Act of Congress that was signed into law by President George W. Bush on October 26, 2001. With its ten-letter abbreviation (USA PATRIOT) expanded, the full title is "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001".

5.  Among the important provisions in the USA PATRIOT Act are those that:
a. Removed barriers to sharing of intelligence information concerning terrorism.
b. Expanded grounds for the use of National Security Letters (NSLs) to obtain records relating to possible terrorist activity. A national security letter (NSL) is an administrative subpoena issued by the United States government to gather information for national security purposes.
c. Expanded the grounds for gathering foreign intelligence relating to terrorism.
d. Expanded the crime of providing material support for terrorism.
e. Expanded the use of “roving wiretaps” in terrorism investigations.
f.  Liberalized the grant and extent of foreign intelligence wiretaps and electronic surveillance.
g. Expanded the use of “Sneak and peek warrants” in terrorism investigations A sneak and peek search warrant (officially called a Delayed Notice Warrant and also called a covert entry search warrant or a surreptitious entry search warrant) is a search warrant authorizing the law enforcement officers executing it to effect physical entry into private premises without the owner's or the occupant's permission or knowledge and to clandestinely search the premises; usually, such entry requires a stealthy breaking and entering. Under the USA PATRIOT Act signed into law during the 107th United States Congress on October 26, 2001, sneak and peek warrants for the first time in United States history were used as standard procedure in investigations.

6.  According to Nemeth, “DHS benefits significantly from the USA Patriot Actand urges the United States Congress to reauthorize this proven tool in the global war on terror. The Patriot Act breaks down barriers to information sharing, enabling law enforcement and intelligence personnel to share information that is needed to help connect the dots and disrupt potential terror and criminal activity before they can carry out their plots. [For example, the] broad information sharing provisions better enables U.S. Customs and Border Protection to screen international visitors and determine whether an apprehended alien presents a threat to security or public safety.”

 

The USA Freedom Act (H.R. 2048, Pub.L. 114–23) is a U.S. law enacted on June 2, 2015 that restored in modified form several provisions of the Patriot Act, which had expired the day before. The act imposes some new limits on the bulk collection of telecommunication metadata on U.S. citizens by American intelligence agencies, including the National Security Agency. It also restores authorization for roving wiretaps and tracking lone wolf terrorists.

Study Guide for Chapter 4
Risk Management, Threats, and Hazards
Oct. 4, 2017, Lecture
1. DHS has stated, "Ultimately, homeland security is about effectively managing risks to the Nation's security." See 2010 Quadrennial Homeland Security Review.

2. At a fundamental level, risk management requires consideration of key variables,
including:
A. What to protect.
B. The threats faced.
C. Strategy and plans for dealing with threats.
3. The work of homeland security delves into the nature of risk, whether at airports
or busways, public courthouses, or national monuments.

4. One definition: Risk – a situation that involves exposure to danger or something bad.

5. In evaluating risk one must look at the nature of any risk AND the consequences of the risk.

6. A formula for risk can be expressed as:
RISK = HAZARD (potential harm) x EXPOSURE (the level and magnitude of exposure to the potential harm)

7. EXAMPLES of risks:
A. Great risk: a terrorist anthrax attack. The HAZARD [A deadly biological agent] x the
EXPOSURE [can cause fatalities to a large number of people].
B. Minimal risk: a candy truck that turns over and large number of candy bars spill out.

8. The homeland specialist must prepare for the risk posed by:

A. all types of terrorist attacks (known and anticipated), and
B. all manner of natural disasters (floods, hurricanes, earthquakes, etc.).

9. Sound risk reasoning demands that a measure of quantification be used when formulating policy about risk.

10. Although risk can be quantified, risk decision makers ultimately must make
some subjective decisions in quantifying risk.

11. Quantification (that is, using distinct variables with assigned point values to type the risk) is frequently used by various homeland security agencies in making risk assessments.

12. According to Nemeth, the DHS risk formula would look something like this:
Risk = Asset value × threat rating × vulnerability rating

13. The severity of a risk will be assessed in light of its value, the nature of the
threat itself, and the potential for harm and injury.

14. The Rand Organization suggests three methodologies of risk assessment:
A. Analytic: An analytic process must address all three factors that determine terrorism risk— threat, vulnerability, and consequences.
B. Deliberative: A deliberative process is necessary because the notion of a
cold, actuarial terrorism risk assessment is unrealistic.
C. Practical: Finally, risk assessment must be practical.

15. Risk assessment can be departmentally and programmatically driven.Thus, risk
for CBP may be distinctively different than the risks of concern to the Federal Emergency Management Agency (FEMA).

16. Each agency and department needs to perceive risk in light of its overall mission.

17. Whatever approach is taken with risk assessment, it is critical to gather information,
anticipate events and incidents, understand the value of assets and potential harm, and weigh
and contrast the functionality and importance of geographic territory.

18. CARVER + Shock Assessment Tool
The CARVER system employs various criteria labeled as CARVER; CARVER is an acronym for the following six attributes used to evaluate the attractiveness of a target for attack: Criticality, Accessibility, Recuperability, Vulnerability, Effect, and Recognizability.
In addition, the modified CARVER tool evaluates a seventh attribute, the combined health, economic and psychological impacts of an attack, or the shock attributes of a target.

19. Nemeth explains that "Threats and hazards are often distinguished by their motive and purpose."

20. Hazards - are generally construed as acts of nature, unintentional events without political motive or purpose.

21. Threats - are usually bound to some improper aim or end, such as terrorism.

22. Recognize the distinction between threats and hazards: Natural disasters such as "hurricanes and floods are events lacking any intent and, as such, are relegated to the hazard category."

23. Natural hazards include: Hurricanes, Tornadoes, Floods, Winter storms, Heat-related emergencies, Droughts, Wildfires, Thunderstorms, and Geologic events (for example, earthquakes).

24. THREATS include crimes and terrorism.

25. Acts of terrorism include assassinations, kidnappings, hijackings, bomb scares, and bombings.

26. High-risk targets for acts of terrorism include military and civilian government facilities, international airports, large cities, and high-profile landmarks.

27. Homeland security officials assessing risk must understand that threats are constantly evolving. Thus, they must consider known threats and potential new threats.

28. According to Nemeth, there are four generally accepted categories of WMD: Nuclear (atomic); Radiological; Biological; and Chemical.

29. Some terrorist organizations, such as Al Qaeda, openly declare their desire to acquire and use nuclear weapons.

30. Most experts believe that because of the technology required to produce a nuclear weapon it seems unlikely that a terrorist group can actually produce (that is, manufacture) one.

31. The real fear is that terrorists will use the Back Market to procure atomic material. For example, there are industrial and commercial products (certain medical devices) that have small amounts of radioactive material. And though this radioactive material is the type that can trigger a nuclear reaction, it can be used to make a dirty bomb (i.e., using regular explosives to spread the radioactive material).

32. When a dirty bomb detonates, aside from the immediate injuries inflicted, there will be severe collateral damage from the nuclear material itself and it is is a speculative radiological weapon that combines radioactive material with conventional explosives. The purpose of the weapon is to contaminate the area around the dispersal agent/conventional explosion with radioactive material, serving primarily as an area denial device against civilians.

33. Bioterrorism is the deliberate dispersal of pathogens through food, air, water, or living organisms to launch disease and other harms to the public.

34. Anthrax (a deadly bacteria) and Ricin (a toxin made from castor beans) are two biological agents that in the wrong hands (terrorists, criminals, etc.) can pose a threat to homeland security.

35. Chemical weapons can cause high levels of mortality.

36. Sarin, invented as a pesticide in Germany before World War 2, is one of most deadly and feared chemical nerve agents. A very small amount of Sarin is potentially deadly to persons exposed to it.

37. In 1995, a Japanese religious cult used Sarin gas to attack part of the Tokyo subway system and a residential neighborhood causing fatalities and numerous injuries.The Tokyo subway sarin attack (Subway Sarin Incident (地下鉄サリン事件 Chikatetsu Sarin Jiken)), was an act of domestic terrorism perpetrated on March 20, 1995, in Tokyo, Japan, by members of the cult movement Aum Shinrikyo. Sarin Gas.

Study Guide for Chapter
ADJ 243, Study Guide for Chapter 6 (Nemeth)

DHS Challenges: National vs. State and Local, National Security vs. Homeland Security

1. From the start, the creators of DHS envisioned the widespread participation of states and localities as the programs and policies of Homeland Security were implemented.

2.  Stated another way, almost from the beginning of DHS its leadership recognized the necessity of local involvement and local control in homeland security efforts.

3. There are approximately 15,400 state and local police departments and agencies in the U.S. with over 475,000 state and local police officers employed by those departments.

4. Homeland Security Presidential Directive (HSPD) 5, issued by President Bush on Feb. 2003, made it clear that the Federal Government wanted a collaborative and integrated approach with state and local governments in homeland security efforts. The National Response Framework (NRF), which replaced HSPD 5, continues this same principle.

Prevention: The capabilities necessary to avoid, prevent, or stop a threatened or actual act of terrorism. Within the context of national preparedness, the term "prevention" refers to preventing imminent threats.

Protection: The capabilities necessary to secure the homeland against acts of terrorism and manmade or natural disasters.

Mitigation: The capabilities necessary to reduce loss of life and property by lessening the impact of disasters.

Response: The capabilities necessary to save lives, protect property and the environment, and meet basic human needs after an incident has occurred.

Recovery: The capabilities necessary to assist communities affected by an incident to recover effectively.

5. Initial responsibility for managing domestic incidents generally falls on state and local authorities (first responders).

6. Among other things, with regard to domestic incidents the NRF provides:

A.  The Federal Government will assist State and local authorities when their resources are overwhelmed, or when Federal interests are involved.

B. The Secretary will coordinate with State and local governments to ensure adequate planning, equipment, training, and exercise activities.

C. The Secretary DHS will also provide assistance to State and local governments to develop all-hazards plans and capabilities, including those of greatest importance to the security of the United States, and will ensure that state, local, and Federal plans are compatible.

7. Following 9/11 the states created their own Homeland Security entities to ensure they were prepared at the front lines for terrorist attacks.

8. How states choose to construct their Offices of Homeland Security is unique to the given jurisdiction. Most states relied upon the governor to designate a person to be a homeland security director. Virginia's Bill Moran

9. Virginia has a Secretary for Public Safety and Homeland Security, who is appointed by the Governor and is a member of his cabinet. The Secretary is responsible for administering a statewide homeland security strategy, and for evaluating and overseeing state procedures for emergency management, disaster, and terrorism.  The Secretary is the primary point of contact for DHS, and is responsible for overseeing federal homeland security grant funding in the state. 

10. The word “fusion” may be defined as the process or result of joining two or more things together to form a single entity. Virginia's Fusion Center

11. On its website, DHS explains that a fusion center is a collaborative effort of two or more agencies that provide resources, expertise and information to the center with the goal of maximizing their ability to detect, prevent, investigate, and respond to criminal and terrorist activity.

12. Fusion centers are also described as places where information and intelligence can be shared by the centers’ members for homeland security purposes.

13. There are over 70 Homeland Security fusion centers around the country, and each state now as at least one fusion center,

14. Fusion centers must have the following abilities:

A. Ability to receive classified/unclassified information from federal partners (this requires cleared personnel and secure networks for the transmission/processing of classified information.

B. Ability to assess local implications of threat information through formal risk assessment process.

C. Ability to further disseminate threat information to concerned law enforcement personnel and private sector entities.

D. Ability to gather locally generated information, aggregate it, analyze it, and share it with federal partners, as appropriate.


15. The DHS Office of Intelligence and Analysis provides personnel with operational and intelligence skills to staff the fusion centers.

16. Virginia has a fusion center that was established by state statute.  That statute provides, among other things, that the Governor shall establish, organize, equip, staff, and maintain a multiagency fusion intelligence center to receive and integrate terrorist-related intelligence and information.

17. Virginia also has enacted a statute that provides immunity from liability provisions for officers and personnel working at the Center, and for persons who provide information regarding any suspected criminal violation to the Department of Public Safety and Homeland Security.

18. DHS issues money grants to states to help them fund fusion centers.  DHS also issues grants to help the preparedness of state and local governments for homeland security incidents (terrorism, hazards, etc.).

19. Grants are probably one of the most significant ways that DHS funds state and local homeland security activities.

20. Senator Tom Coburn issued a report in January 2015 concerning DHS missions and performance.  Among other things the report stated that since its creation in 2003, DHS has spent more than $38 billion on preparedness grants to state and local governments.

Study Guide for Chapter 7 PDF

1. The Stafford Act constitutes the statutory authority for most Federal disaster response activities.

2. The Stafford Act vests responsibility for emergency preparedness jointly in the Federal government, state, tribal and territorial governments and their political subdivisions.

3. The Stafford Act also gives FEMA responsibility for coordinating Federal government response to support state, local, tribal, and territorial efforts.

4. Main provisions of the Stafford Act regarding Federal Government  preparedness support to state and local governments:

a. The President is authorized to establish a program of disaster preparedness that coordinates with state and locals, and that uses services of all appropriate agencies.

b. The President shall insure that all appropriate federal agencies are prepared to issue warnings of disasters to state and locals.

c. The President shall provide technical assistance to States in developing preparedness, response, mitigation, and recovery plans for disasters/hazards.

d. The President is authorized to make grants to States for the development of preparedness plans. 

5. To obtain disaster assistance from the Federal Government under the Stafford Act, state governors must request a declaration by the President that a major disaster exists that is beyond the capabilities of the state and local governments ands that Federal assistance is necessary.

6. In a major disaster, the Stafford Act authorizes the President to direct any Federal agency to assist state and local response and recovery efforts, including precautionary  evacuations.

7. A “major disaster” is defined in the Stafford Act as any natural catastrophe which the President determines causes damage of sufficient severity and magnitude to warrant assistance to supplement efforts by states, charitable organizations, etc.,  in alleviating the damage, loss, hardship, or suffering.

8.  Under the Stafford Act the Federal Government may render assistance to state and local governments, and to private persons needed to meet immediate threats to life and property resulting from a natural disaster. Such assistance includes:

a. coordinating disaster relief assistance.

b. providing technical and advisory assistance to state/locals.

c. assisting state/locals in the distribution of meds, food, and consumable supplies, and other emergency assistance.

d. lending or donating federal equipment, supplies, facilities, personnel, and other resources.

e. providing rescue, care, and shelter.

f. providing work and services essential to save lives, preserve public health and safety, and to protect property.

9. The Stafford Act authorizes the President to help fund:

a. state/local hazard preparedness costs.

b. repair or replace public facilities damaged or destroyed by a major disaster. 

c. private persons who as a direct result of a major disaster have necessary expenses and serious needs and are unable to meet such expenses.

This assistance may include food expenses, housing expenses, unemployment and/or reemployment assistance, etc.

10. The Stafford Act vests the Director of FEMA with powers and responsibilities under the Act, including to assist and encourage States to enter into interstate emergency preparedness compacts with each other (and even with neighboring nations – Canada and Mexico - through the State Department).

11. Any effective response, recovery, or other answer to a threat or catastrophe heavily depends upon preparedness.

12. Preparedness means that the agency, community, and constituency affected, and public and private partners, stand ready to deal with the threat in an effective manner.

13. Preparedness also means one has to have the capacity to plan, organize, train, equip, exercise, evaluate, and improve.

14. FEMA has extensive resources regarding preparedness and recovery that are available to the public and state/local authorities.

15. FEMA uses high-level technology to estimate and predict damage and potential harm. It has developed comprehensive software programs that are crucial to predicting the outcomes of particular events.

16. HAZUS is a FEMA software program that uses current scientific and engineering knowledge, coupled with the latest geographic information systems (GIS) technology, to produce estimates of hazard-related damage before, or after, a disaster occurs.

 17. The term “mitigation” implies an intervention before the threat or catastrophe takes place.

18. Mitigation is the effort to reduce loss of life and property by lessening the impact of disaster.

19. FEMA encourages a variety of mitigation programs to minimize and limit damage and threat.

20. FEMA provides grants and other financial support to implement mitigation plans and programs.

21. The term “response” primarily means immediate actions to save lives, protect property and the environment, and meet basic human needs.

22. Response also includes the execution of emergency plans and actions to support short-term recovery.

23. The National Response Framework (NRF) is a guide for a national, all-hazards response—from the smallest incident to the largest catastrophe.

24. The chief aim of the NRF is to have communities, states, the federal government, the private sector, and nongovernmental partners apply key response principles so that there is a coordinated, effective national response to disasters.

25. NRF operates on the presumption that disaster response must be first and foremost a local one. As FEMA points out:

26. Incidents begin and end locally, and most are wholly managed at the local level. Many incidents require unified response from local agencies, NGOs, and the private sector, and some require additional support from neighboring jurisdictions or the State. A small number require Federal support.

27. However, the scope and magnitude of a disaster sometimes make the federal authorities the dominant force.

2. Under the INA, U.S. Customs and Border Protection (CBP) must determine whether persons seeking entry into the United States are U.S. citizens, Lawful Permanent Resident aliens (LPRs), or aliens.


3. Important definitions in the INA:

a. Alien: a person not a citizen or national of the U.S.

b. Visa: an endorsement on a passport that the holder is allowed to enter, leave, or stay for a specified period of time in a country.  U.S. law sets forth numerous visa categories.

c. Immigrants – aliens that seek to migrate to the U.S. (that is, they intend to live in the U.S.).

d. Non-Immigrants – aliens seeking to come into the U.S. for a temporary period of time, such as tourists.

e. Visa Waiver Program: A reciprocal program where the U.S. and other nations allow tourist and business visitors to enter their nations without visas.


4. Aliens seeking admission into the U.S. must present required documents(passports, visas, etc.) and must establish to the satisfaction of the inspecting Customs and Border Protection Officer (CBPO) that they are admissible (that is, they are not inadmissible under the INA).

The INA provides that arriving aliens will be denied admission to the U.S. if they fall into one or more grounds of inadmissibility. Among the grounds for inadmissibility specified in the INA are:

A. Health Grounds – communicable disease of public health significance.

B. Crimes – Crimes Involving Moral Turpitude (which includes a large range of felonies) or crimes involving Controlled Substances (illegal drugs).
​        
C. Security – Terrorism or espionage.


5. There are two main procedures for removing inadmissible aliens from the United States:

A. Removal: the process by which an inadmissible alien is expelled (deported)from the U.S. after appropriate proceedings in Immigration Court.

B. Expedited Removal: CBP may administratively remove an arriving alien if the alien does not have a passport (or alternative required document for entry to the U.S.) or has a fraudulent passport.


6. At primary inspection a CBPO makes an initial decision whether an arriving person is a U.S. citizen. Arriving U.S. citizens are not subject to the INA and are quickly cleared through immigration processing.


7. The following automated systems are available to assist CBPOs in making decisions regarding persons seeking entry into the United States: 

A. APIS (Advance Passenger Information System) essentially, passport information.

B. ATS (Automated Targeting System) – CBP’s main passenger and cargo risk management system.

C. PNR (Passenger Name Record) – essentially, airline reservation information.

D. NCIC (National Crime Information Center) - FBI criminal information database.

E. TECS (The Enforcement Communications System) – CBP’s principal enforcement database.  TECS contains information on persons listed in the TSDB (Terrorist Screening Database).


8. CBP uses its automated systems to:

A. Make decisions on customs and immigration clearance of persons.

B. Identify persons that are listed in the TSDB.

C. Identify persons that are the subject of arrest warrants.



9. Global Entry is a CBP trusted traveler program with the following features:

A. Global Entry is for low risk persons.

B. Global Entry applicants must pass background checks and are interviewed by a CBPO before they are accepted into the program.

C. Global Entry participants get expedited CBP clearance.

D. Global Entry participants are automatically entered into the TSA Precheckprogram. 


10. All merchandise brought into the U.S. must be declared to CBP. Merchandise includes all items including contraband and items prohibited by law. For example, illegal drugs and illegal weapons are “merchandise” under the Customs laws and must be declared.


11. All commercial shipments must be entered (declared) with CBP to ensure:

A. Compliance with all applicable laws. 

B. Proper classification and appraisement of merchandise so that applicable duties may be collected.      


12. The Customs laws authorize CBP officers to conduct border searches.  Border searches may be conducted without a warrant and without suspicion and are still considered reasonable under the Fourth Amendment.


13. There are severe criminal and civil penalties for violating the Customs laws. These include:

A. Imprisonment.

B. Monetary penalties.

C. Seizure and civil forfeiture of illegally imported merchandise



14. Civil Forfeiture – a legal proceeding where title to property used in violation of law is taken from the owner and transferred to the Government. 


15. In United States v. Flores-Montano, 541 U.S. 149 (2004), the Supreme Court ruled that the disassembly and search of a car’s gas tank at the border was a valid border search and required no suspicion.


16. Conveyances (that is, vehicles, vessels and aircraft) with a connection to the border are subject to border searches. A connection to the border includes:

A. A conveyance that has crossed the border (a car or train that arrives into the U.S. from Canada).

B. A conveyance that enters the border area (a car about to exit the U.S. into  Mexico).


17. Persons with a connection to the border are also subject to border searches. A connection to the border includes:

A. A person that crossed the border (a pedestrian from Mexico that has walked across the border and is waiting to be cleared at a U.S. port of entry).

B. A person that enters the border area (a longshoreman unloading a vessel from a foreign country that has arrived at a U.S. port).


18. In furtherance of its antiterrorism mission and other missions, CBP uses a multi-layered approach to ensure the integrity of the supply chain from the point a container is stuffed at a foreign port through its arrival at a U.S. port of entry. This multi-layered approach includes:

A. CBP getting advance information about the cargo destined for the U.S.

B. CBP using its risk assessment tool - the Automated Targeting System (ATS) - to screen cargo destined for the U.S.

C. Partnerships with foreign governments, such as the Container Security Initiative (CSI) and the Secure Freight Initiative (SFI) where CBP works with foreign governments to secure world trade against terrorism. 

D. C-TPAT (Customs Trade Partnership Against Terrorism) - a partnership with industry and the private sector to secure the supply chain against the threat of terrorism or other crimes.


19. CBP Border Patrol Agents are responsible for detecting and apprehending persons and items unlawfully entering or attempting to enter the U.S. between ports of entry.


20. Border Patrol roving patrol stops (that is, car stops) for a border search are not allowed without establishing reason for an extended border search. For example, if the Border Patrol follows a car from the time it crosses the border from Mexico and then stops it ten miles north of the border a border search would be permissible.  However, if the Border Patrol spots a car ten miles from the border and the car has no connection to the border, the Border Patrol could not border search the car.


21. Border Patrol checkpoints are setup along roads that lead from the border.  Border Patrol agents at such checkpoints may conduct only a brief stop of a car to question and check the nationality of the driver and passengers. Border searches are not allowed at checkpoints.


22. U.S. Immigration and Customs Enforcement (ICE) is a sister DHS agency of CBP, and like CBP it enforces the customs and immigration laws.


23. The investigative arm of ICE is called Homeland Security Investigations (HSI). HSI workforce includes 6,500 special agents assigned to cities throughout the United States and to offices around the world. 

24. HSI works closely with CBP in several ways:
A. It provides investigative follow-up to CBP arrests.
B. It conducts controlled deliveries resulting from CBP’s detection of drug loads.
C. It works with CBP on targeting suspicious importations/exportations.


25. HSI has broad legal authority to enforce numerous federal laws. It uses this authority to investigate all types of cross-border criminal activity, including:
A. Money laundering and bulk cash smuggling.

B. Commercial fraud.

C. Human smuggling and trafficking.

D. Immigration fraud.

E.  Controlled substances and weapons smuggling/trafficking.

F.  Export enforcement.

26. ICE also has an important office – The Office of Enforcement and Removal Operations - that handles its immigration enforcement responsibilities.


27. The Office of Enforcement and Removal Operations two primary missions:
A. The identification and apprehension of criminal aliens and other removable individuals located in the United States; and,
B. The detention and removal of those individuals apprehended in the interior of the U.S., and those apprehended by CBP at the border.

ADJ-243, Study Guide

Chapter 10, Transportation Security PDF

1. In the broadest context, transportation security encompasses air, rail, bus, shipping and ports, and mass transit safety. Most of these centers of movement can properly be characterized as critical infrastructure. 

2. Many agencies of government deal with transportation safety and security questions. Aside from DHS (TSA, Coast Guard, CBP), numerous federal, state, and local agencies are involved with transportation security.

3. TSA's mission includes the development of various layers of security protection at the facilities it is entrusted with.

4. Checkpoints are one of the primary security measures that TSA employs to detect threats. 

5. TSA works to identify questionable passengers long before the security checkpoint including intelligence analysis, watch lists and passenger manifests, and random canine searches.

6. The Federal Air Marshal (FAM) program plants undercover law enforcement on airline flights. 

7. Federal air marshals (FAMs) are skilled in the use of weaponry and defense/offense tactics that involve restraint. FAMs must blend in with passengers, keeping any unsuspecting terrorist unaware of his or her presence on that plane. 

8. FAMs employ investigative techniques, criminal terrorist behavior recognition, firearms proficiency, aircraft-specific tactics, and close-quarters self-defense measures to protect the flying public.

9. The Federal Flight Deck Officer (FFDO) program permits aviation pilots to be fully armed in the cockpit.

10. TSA identifies and trains qualified pilots for the FFDO position. FFDOs are authorized by TSA to use firearms to defend against an act of criminal violence or air piracy that attempts to gain control of an aircraft. 

11. TSA uses canines to detect explosives at airports, seaports, and harbor areas. 

12. At airports, TSA uses metal detectors and millimeter wave imaging technology (body scans) to help identity objects hidden on persons that may pose a safety or security threat.

13. Maritime security is an interagency operation at the federal level with the prime players being Coast Guard, Customs and Border Protection (CBP), andImmigration and Customs Enforcement (ICE).

14. The maritime domain is defined as all areas and things of, on, under, relating to, adjacent to, or bordering on a sea, ocean, or other navigable waterway, including all maritime-related activities, infrastructure, people, cargo, and vessels, and other conveyances. The maritime domain for the United States includes the Great Lakes and all navigable inland waterways, such as the Mississippi River and the Intracoastal Waterway.

15. In the most general terms, maritime security seeks to accomplish the following ends:

•Prevent terrorist attacks and criminal or hostile acts

•Protect maritime-related population centers and critical infrastructures

•Minimize damage and expedite recovery

•Safeguard the ocean and its resources

16. The Coast Guard's central mission relates to maritime activities. The Coast Guard's five-part mission focuses on issues integral to a safe maritime environment.

•Maritime safety

•Maritime security 

•Maritime mobility

•National defense

•Protection of natural resources

17. The Coast Guard enforces or assists in the enforcement of all applicable Federal laws on, under, and over the high seas and waters subject to the jurisdiction of the United States.

18. Port facilities are subject to a wide array of safety and security standards. Coast Guard personnel inspect the facilities—some 3,200 facilities in the United States alone. Each facility is required under the Maritime Security Act of 2002 to develop and implement a security plan. The Coast Guard is responsible forassessing these plans and working with these parties to adjust and correct any identified deficiencies. 

19. Coast Guard is also responsible for safety inspections of cargo and containers.

20. On the high seas and waterways, the Coast Guard has jurisdictional authority to board vessels for inspection purposes. This practice is one of its most crucial missions. Section 89 of Title 14 of the U.S. Code authorizes the Coast Guard to board vessels subject to the jurisdiction of the United States, anytime upon the high seas and upon waters over which the United States has jurisdiction, to make inquiries, examinations, inspections, searches, seizures, and arrests.

21. The task of securing the country's rail and mass transit system is just as critical as the air industry protections. The country's rail system, a series of weaving lines for both freight and passenger traffic, constitutes a major part of this country's economic life.

22. TSA uses the following measures to help secure rail and mass transit systems:

1.Layers of Security: The TSA mindset on the various layers of security has now become part of the rail and mass transit approach.

2.Transit Inspectors through the Surface Transportation Security Program.

3.VIPR Teams: Using canines, advanced screening technology, and behavioral detection, the Visible Intermodal Protection Response Team can be dispatched to any rail location.

4.Grants and Funding: The rail industry as well as the public transit systems may participate in funding programs which advance security.

5.Mobile Checkpoints: An economical way to view containers for security breaches.

6.Site Assessments: At any location inspectors and TSA officers can give insight and professional advice on the security and safety of an installation.

7.Security and Emergency Preparedness Action Items: The top 20 steps the industry must take to prepare for security risks.

8.Training for Employees: Security awareness and skill is essential for all employees.

9.TSA's Land Transportation Anti-Terrorism Training Program (LTATP): Offered at the Federal Law Enforcement Training Center (FLETC).

10.Connecting Communities: A program which highlights the unique security and emergency issues that arise in transit situations.

Study Guide for Privacy/Civil Rights in Homeland Security

ADJ-243, Fall 2017

1.  Achieving the proper balance between law enforcement efforts and individual privacy/civil rights is a constant and difficult problem in a democratic nation. 

2. The U.S. Constitution, and particularly its Bill of Rights (the first ten amendments) set the ground rules for achieving this critical balance. 

3. Given the stakes involved with Homeland Security (particularly, preventing terrorism) those responsible for Homeland Security efforts can be expected to take aggressive and wide ranging steps to protect the nation. 

4. Some Homeland Security efforts are controversial - for example, CBP searches of electronic devices at the border; and, perhaps the most controversial, the NSA’s mass surveillance programs (as first revealed by the Snowden leaks).

5. In recent years the rapid advancement of technology has given law enforcement and Homeland Security officials tools that implicate privacy/civil rights to a much greater extent than in past years. 

[Note: Numbers 6 and 7 below are taken verbatim (except for the numbering) from Journalists Resource, “Do body cameras change the way police interact with the public?” July 1, 2016 (accessed Dec. 3, 2017).

https://journalistsresource.org/studies/government/criminal-justice/body-cameras-police-interact-with-public

6. “Police use of force has been heavily scrutinized for more than a year after fatal police encounters with unarmed black men in New York City, Ferguson, Mo., Baltimore and other parts of the U.S. The increased attention has renewed calls for law-enforcement officers to wear video cameras while on duty.”

7. “Despite the national push, local law enforcement remains divided over the use of such technology, with some agencies blatantly resisting. Some of the agencies that have tried using them, however, are reporting decreased use of force and fewer complaints from residents.”

8. “A FOIA request by the Electronic Frontier Foundation unearthed the fact that Customs and Border Patrol lent drones to national and local agencies over 700 times between 2010 and 2012 for “domestic surveillance.”

[see: The National Review, “On Police Drones, Lawmakers are Behind the Times” (Nov. 9, 2017, accessed Dec. 3, 2017).

http://www.nationalreview.com/article/453544/police-drones-law-falling-behind-technology

9. Case law provides that aerial camera surveillance of items in open fields or on public roads, areas, etc., is not a search under the Fourth Amendment and thus police do not need probable cause or a search warrant to conduct such surveillance.

10. Some drones carry technology other than cameras: Thermal imaging, Cell Site Location identifiers, etc.

 Study Guides and other materials that I provide to students whether by hardcopy or via Blackboard are solely for the personal use of students taking the class. Such material and any portion thereof may not be released to third persons or otherwise disseminated in any way (including transmitting the same by electronic means, posting online or uploading to the Internet or any automated system, etc.). However, such materials may be shared with other students enrolled in this class for use in connection with the class (for example, study groups).