FOUNDATIONS OF HOMELAND SECURITY

FOUNDATIONS OF HOMELAND SECURITY

WILEY SERIES ON HOMELAND DEFENSE AND SECURITY Series Editor TED LEWIS Professor, Naval Postgraduate School Foundations of Homeland Security: Law and Policy / Martin J. Alperen, Esq.

FOUNDATIONS OF HOMELAND SECURITY Law and Policy MARTIN J. ALPEREN, Esq. A JOHN WILEY & SONS, INC., PUBLICATION

Copyright C 2011 by John Wiley & Sons. All rights reserved. Published by John Wiley & Sons, Inc., Hoboken, New Jersey Published simultaneously in Canada No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning, or otherwise, except as permitted under Section 107 or 108 of the 1976 United States Copyright Act, without either the prior written permission of the Publisher, or authorization through payment of the appropriate per-copy fee to the Copyright Clearance Center, Inc., 222 Rosewood Drive, Danvers, MA 01923, 978-750-8400, fax 978-750-4470, or on the web at www.copyright.com. Requests to the Publisher for permission should be addressed to the Permissions Department, John Wiley & Sons, Inc., 111 River Street, Hoboken, NJ 07030, 201-748-6011, fax 201-748-6008, or online at ttp://www.wiley.com/go/permission. Limit of Liability/Disclaimer of Warranty: While the publisher and author have used their best efforts in preparing this book, they make no representations or warranties with respect to the accuracy or completeness of the contents of this book and specifically disclaim any implied warranties of merchantability or fitness for a particular purpose. No warranty may be created or extended by sales representatives or written sales materials. The advice and strategies contained herein may not be suitable for your situation. You should consult with a professional where appropriate. Neither the publisher nor author shall be liable for any loss of profit or any other commercial damages, including but not limited to special, incidental, consequential, or other damages. For general information on our other products and services or for technical support, please contact our Customer Care Department within the United States at 877-762-2974, outside the United States at 317-572-3993 or fax 317-572-4002. Wiley also publishes its books in a variety of electronic formats. Some content that appears in print may not be available in electronic formats. For more information about Wiley products, visit our web site at www.wiley.com. Library of Congress Cataloging-in-Publication Data: Alperen, Martin J. Foundations of homeland security : homeland security law and policy / Martin J. Alperen. p. cm. Includes index. ISBN 978-0-470-59698-2 (cloth) 1. National security Law and legislation United States. 2. Emergency management Law and legislation United States. 3. Terrorism United States Prevention. 4. National security United States. I. Title. KF4850.A947 344.7305 32 dc22 2010025377 Printed in the United States of America ebook ISBN: 978-0-470-92579-9 obook ISBN: 978-0-470-92580-5 epub ISBN: 978-0-470-93460-9 10 9 8 7 6 5 4 3 2 1

This book is dedicated to the memory of Alva A. Swan, Attorney General of the United States Virgin Islands. Attorney Swan cared deeply about the People and Territory of the VI. He supported the development of the VI s preparedness as well as homeland security education. He was liked and respected by all who had the privilege to have worked with him.

CONTENTS 1 Introduction 1 2 The Strategic Environment 11 3 Homeland Security Council 23 4 Intelligence Gathering 33 5 The Department of Homeland Security 83 6 The Federal Emergency Management Agency 93 7 National Security Strategy of the United States of America, March 2006 111 8 National Strategy for Combating Terrorism, September, 2006 117 9 National Strategy for Homeland Security, October 2007 119 10 Border Security 125 11 Critical Infrastructure Protection 135 12 Cyber Security 157 13 Agriculture and Food 165 14 Transportation Security 173 A. Overview 173 B. Aviation Security 180 C. Maritime Transportation Security 193 D. Rail Transportation 207 E. Trucking 211 F. Bus 212 vii

viii CONTENTS 15 Weapons of Mass Destruction 219 16 Biodefense and WMD Medical Countermeasures 229 17 National Continuity Policy 249 18 Identification Issues 253 A. Terrorist Screening: Biometrics for Identification 254 B. Real ID 256 C. Common Identification for Federal Employees 257 19 Emergency Preparedness and Response 259 20 National Incident Management System (NIMS) 279 21 National Response Framework 283 22 Authority to Use Military Force 287 23 Detention and Treatment of Terrorists 301 24 Resiliency and a Culture of Preparedness 321 25 European Homeland Security: A Work in Progress 325 John L. Clarke 26 China and Japan: Approaches to Domestic and Transnational Terrorism 337 Manuel Manriquez 27 Teaching Ideas 355 Index 359