Links: ADJ 243 Homeland Security and the Law: Notes 2

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Post-Katrina Emergency Management Reform Act of 2006 (PKEMRA). PKEMRA significantly reorganized FEMA, provided it substantial new authority to remedy gaps in response, and included a more robust preparedness mission for FEMA.

Citizen Corps--The mission of Citizen Corps is to harness the power of every individual through education, training, and volunteer service to make communities safer, stronger, and better prepared to respond to the threats of terrorism, crime, public health issues, and disasters of all kinds.

TOPOFF means a high level executive at Homeland Security.

The Assistance to Firefighters Grant Program

Operation Stonegarden is a federal grant program administered by the Federal Emergency Management Agency (FEMA), a component of the Department of Homeland Security, as part of the State Homeland Security Grant Program. Stonegarden provides funding to state, local, and tribal law enforcement agencies to enhance their capabilities "to jointly secure U.S. borders and territories."

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You will find a compilation of college courses on hazards, disasters and emergency management subjects provided by various colleges.

• Chapter 4

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• In June 18, 1978, The military cannot make a search under Civilian law, it is a felony. There is a limitation under executing a federal law.

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• The U.S. Patriot Act was created in a fast manner becuase it was right after 9/11. It was created in several months rather than the real lenght of time it takes for other acts.

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• Under custom law, the Coast Gaurd is a custom officer under the law.

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• The Chief Counsel office is for the Border.

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• Claw back provision

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LEAs have 1. search warrants, 2. T-3 wiretap orders (roving wiretaps), and 3. Administrative (N52) subpoena for records (import/ export records) and must be ordered from a "high court" -- often beyond the District Court level.

 

An administrative summons or subpoena is a judicially enforceable demand for records issued by a government authority which is authorized by some other provision of law to issue such process; administrative process is governed by the Act. 12 U.S.C. § 3405.

 

An administrative subpoena under U.S. law is a subpoena issued by a federal agency without prior judicial oversight. A national security letter (NSL) is an administrative subpoena issued by the United States government to gather information for national security purposes. Often a SAC or Asst. SAC can authorize this information. For example, library books you checked out can be gotten from LEAs. Remember, e-mail is also know as evidence mail

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• 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.

• The United States Foreign Intelligence Surveillance Court (FISC, also called the FISA Court) is a U.S. federal court established and authorized under the Foreign Intelligence Surveillance Act of 1978 (FISA) to oversee requests for surveillance warrants against foreign spies inside the United States by federal law enforcement and intelligence agencies. Such requests are made most often by the National Security Agency (NSA) and the Federal Bureau of Investigation (FBI). Congress created FISA and its court as a result of the recommendations by the U.S. Senate's Church Committee.[1] Its powers have evolved to the point that it has been called "almost a parallel Supreme Court". Not subject to the 4th Amendment.

   

Section 215: Access to records and other items under FISA: This section is commonly referred to as the "library records" provision[29] because of the wide range of personal material that can be investigated.

For sneak and peek warrants, now by statute so you can't do it and then not have it eventually revealed.

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.

With the National Security Office, Advisors and staff reach out to agencies and get input. It has a homeland security security advisor also.

He commented that security gaurds must be careful when responding to an incident that has an active shooter because security may be walking into a booby trap.

Identify risk of something bad....What risk do you want to minimize?

On a basic level, DHS wants to minimize risk, manage risk. What is done is to manage risk in a mathematical way/scentific way methodology would be the risk management that is used.

Since 1789, Customs have been around in the U.S. What is brought in and what is taken out. The primary mission is terrorist and terrorist implements. Taxes are some times used in trade.

CBP is one of the largest law enforcement agencies in the United States. It has a workforce of more than 45,600 sworn federal agents and officers. It has its headquarters in Washington, D.C.

• Ports need to protect container ships. Giant Container Ships Arrive On US Shores, But Many Ports Not Prepared For Era Of Megaships.

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• CBP operates the Automated Targeting System (ATS). ATS is a decision support tool that compares traveler, cargo, and conveyance information against law enforcement, intelligence, and other enforcement data using risk-based scenarios and assessments.

Read image above to figure out what is done to check trucks and I guess cargo.

The CBP takes in all types of information such as databases, public info, other agencies, and determine what need to be inspected. What is the risk. A score is given based on the information. It is not an algorithm but are rules given. Score is 0 to 100% risk.

What is a Customs broker? Customs brokers are private individuals, partnerships, associations or corporations licensed, regulated and empowered by U.S. Customs and Border Protection (CBP) to assist importers and exporters in meeting Federal requirements governing imports and exports. Brokers submit necessary information and appropriate payments to CBP on behalf of their clients and charge them a fee for this service.

On average, the typical shipworker is a male Filipino; Filipinos make up one third of all shipworkers, and men constitute 98 percent of the work force. It is said that 90% of merchandise come to 20 ports in the United States.

Cargo planes bomb plot: Explosives were found in inkjet cartridges on an airplace from Yemen bound for the United States. Found in toner cartridges. WOW!

CARVER is an acronym that stands for Criticality, Accessibility, Recuperability, Vulnerability, Effect and Recognizability and is a system to identify and rank specific targets so that attack resources can be efficiently used. CARVER can be used from an offensive (what to attack) or defensive (what to protect) perspective. Also known as reverse engineering tool, assessment tool that was used by the green beret.

Criticality is how critical is it?, Accessibility is Can you physically go to?, Recuperability is Can you recover fast?, Vulnerability is how easy?, Effect is What do you use? and Recognizability is how easy to see? -- 7th is shock is the combined measure of the health, psychological, and collateral national economic impacts

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• The CARVER plus Shock method is an offensive targeting prioritization tool that has been adapted for use in the food sector.

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• The 7th element is Shock: Shock is the final attribute considered in the methodology. Shock is the combined measure of the health, psychological, and collateral national economic impacts of a successful attack on the target system.

He discussed that in WW1 trench warfare was used as a means to fight wars and thus there was a lessons learned on what to do in the next war. For example, The French used the Maginot Line which was a very elaborate line of military built on the eastern border of France to defend against an attack from Germany in 1928-39.

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• But, the Germans went aroung the "wall" and thus used a different method.

So, is the TSA using outdated technology? Is there a new attack metric that will be used or what about shoe bombs, is that dated technoloy? What method of attacks will be used in the future?

Indictments and convictions for possession and use of WMD such as truck bombs, pipe bombs, shoe bombs, and cactus needles coated with a biological toxin have been obtained under 18 USC 2332a.

A pipe bomb is an improvised explosive device, which uses a tightly sealed section of pipe filled with an explosive material. The containment provided by the pipe means that simple low explosives can be used to produce a relatively large explosion, and the fragmentation of the pipe itself creates potentially lethal shrapnel.

There are conflicting reports on what countries have nuclear bombs.

He said that 20 countries have a nuclear bomb. He mentioned South America, Isreal, and India. He also said Pakistan has a bomb.

He mentioned we should test in our homes for Radon which is a chemical element with symbol Rn and atomic number 86. It is a radioactive, colorless, odorless, tasteless noble gas. Atomic Isotopes and Medical Isotopes.

Ricin is a highly toxic, naturally occurring lectin produced in the seeds of the castor oil plant--castor beans.

The first wide scale use of chemical weapons was used in WW1 and these weapons are now outlawed.

Sarin is a colorless, odorless liquid, it is used as a chemical weapon due to its extreme potency as a nerve agent. Exposure is lethal even at very low concentrations

The Federal Protective Service (FPS) Mission Statement is to prevent, protect, respond to and recover from terrorism, criminal acts, and other hazards threatening the U.S. Government's critical infrastructure, services, and the people who provide or receive them.

The Homeland Infrastructure Threat and Risk Analysis Center (HITRAC) serves this national mission through its Homeland Security Risk Analysis Program, designed to fill the gap between the theory of risk management, and its successful application by public and private sector partners.

FDA Announces the Availability of "CARVER + Shock Vulnerability Assessment Tool" | Educational Materials | It appears the software has been taken off the Internet

Pipe bombs can be considered a WMD....

The Domestic Nuclear Detection Office (DNDO) is a jointly staffed office within the Department of Homeland Security. DNDO is the primary entity in the U.S. government for implementing domestic nuclear detection efforts for a managed and coordinated response to radiological and nuclear threats, as well as integration of federal nuclear forensics programs.

DHS Active Shooter Video

Force on Force (FOF) exercises are when DHS has a force attack thier facility to test if the security force is effective. Some attacks are commando style.

Radiological Assessment System for Consequence AnaLysis (RASCAL): The RASCAL code is a tool used by the Protective Measures Team in the U.S. Nuclear Regulatory Commission's (NRC's) Operations Center for making independent dose and consequence projections during radiological incidents and emergencies. Meetings

In Kingston, NY there are soldiers at the 222nd Chemical Company. There are first responders there and they are a National Guard Unit.

Bioterrorism is terrorism involving the intentional release or dissemination of biological agents.

The DHS BioWatch Program's mission is to operate a nationwide, aerosol detection system providing early warning across all levels of government to support public health and emergency management communities to prepare for and respond to biological incidents.

Quick Facts
-- There are more than 30 BioWatch jurisdictions across the United States. These areas may be composed of one or more cities, counties, or states.
-- The air-monitoring collectors draw air through filters for 24 hours, 365 days a year.
-- BioWatch has operated since April 2003 and is currently managed bythe Office of Health Affairs.
-- Jurisdictional readiness is among the program's best practices for a timely and efficient response following a detection.

The Anthrax Vaccine Immunization Program (AVIP), is the name of the policy set forth by the U.S. federal government to immunize its military and certain civilian personnel with the BioThrax anthrax vaccine.

The impact of anthrax is both painful and extreme.

The Plague

The plague is also an infectious airborne disease that affects others who come in contact with its strain of bacteria too and you can be bitten by a fly and be contaminated.

CDC: Plague is a bacterial infection that is usually spread through bites by infected fleas

Smallpox is considered the king of bioterrorism.

Smallpox is one of two infectious diseases to have been eradicated, the other being rinderpest, which was declared eradicated in 2011.

The United Nations online library headquartered in Geneva Switzerland and HERE

Tokyo subway terrorist attack using sarin gas.

Chemical weapons WW1 -- Although the use of toxic chemicals as weapons dates back thousands of years, the first large scale use of chemical weapons was during World War I. They used Chlorine Gas, Mustard Gas, etc. 1925 Geneva Convention to ban use of chemical warfare.

Movie Clip: WW1 Gas Attack

Some speculate that Syrians are using chemical weapons.

NIOSH Pocket Guide to Chemical Hazards

The by products of castor oil makes Ricin.

On October 15, 2003, an envelope with a threatening note and a sealed container was processed at a mail processing and distribution facility in Greenville, South Carolina. The note threatened to poison water supplies if demands were not met.

Sarin is a colorless, odorless liquid, it is used as a chemical weapon due to its extreme potency as a nerve agent. It is a preferred choice for terrorist due to its ease of delivery.

Most nerve agents started out being made for pesticides but the military became interested because of thier toxic nature.

Chemical Security Assessment Tool (CSAT) Personnel Surety Program: The Chemical Facility Anti-Terrorism Standards (CFATS) program fosters security at America's highest risk chemical facilities.

The Chemical Facility Anti-Terrorism Standards (CFATS) program identifies and regulates high-risk chemical facilities to ensure they have security measures in place to reduce the risks associated with these chemicals

Tabun is a man-made chemical warfare agent classified as a nerve agent. During WW2, this agent was potentially going to be used to kill Hitler. Below is some of the stockpile of the Americans.

VX is another nerve agent that is very powerful--potent.

Clothing of a contaminated purpose can release agents for 30 minutes after exposure.

Improvised explosive device (IED) weapons are explosive device fashioned and made not from conventional miliary methods.

A car bomb, or truck bomb, also known as a vehicle-borne improvised explosive device (VBIED), is an improvised explosive device placed inside a car or other vehicle and detonated.

US-Cert Security Publications-- These documents can help you with everything from setting up your first computer to understanding the nuances of emerging threats.

The National Cyber Security Division (NCSD) is a division of the Office of Cyber Security & Communications, within the United States Department of Homeland Security's Directorate for National Protection and Programs.

Cyber Storm, the Department of Homeland Security's (DHS) biennial exercise series, provides the framework for the most extensive government-sponsored cybersecurity exercise of its kind.

Homeland Security Presidential Directive 7: Critical Infrastructure Identification, Prioritization, and Protection

NIST: National Vulnerability Database.

The National Infrastructure Advisory Council (NIAC) shall provide the President through the Secretary of Homeland Security with advice on the security of the critical infrastructure sectors and their information systems. The council is composed of a maximum of 30 members, appointed by the President from private industry, academia, and state and local government. Wiki

DHS partners with private sector security firms.

The book says it is clear that private business can do better than governmental orgaizations. Yet, it appears that both domains are needed.

Privitization is on the rise....

The Ad Council's partnership on safety--Ads used to combat problems.

Notes from class:

Domestic is what happens in the U.S. while international is what happens outside the U.S.

The Red Cross is a NGO.

When the NRF was written and thought through, it was realized that state and local agencies must work together with federal authorities. Thus, a grant system was set up whereby states can apply for money to be used to train, etc. for responsibilities for disasters.

In a pure democracy, 50 percent wins. A republic is a form of government in which the country is considered a "public matter" – not the private concern or property of the rulers – and where offices of state are elected or appointed, rather than inherited. It is a form of government under which the head of state is not a monarch. The Untied States is a republic.

The Cabinet's role is to advise the President on any subject he may require relating to the duties of each member's respective office. It includes the president, vice president and all the secretaries along with other key parties such as the chief of staff, etc.

The fusion center reacts to criminal and police matters and NOT natural disasters.

The fusion center has classified information.

The Department of Defense was once called the Department of War.

It is blurry the relationship between Homeland Security and Homeland Defense.

The Coast Guard is under the Navy in war and if not federalized, the National Guard is a state entity. Thus, thier authority may shift depending on the current state of the nation.

Assitiant Secretaries are VERY powerful.