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Lesson 1 - The Statutory Basis for Implementing Homeland Security Measures
Getting Started:
Welcome to the gray and ever-changing world of Homeland Security. You are not alone in your thoughts that some of the security-related deficiencies existing on 9/11 can be easily solved; your colleagues, however, may not be so quick to agree with you. When in doubt, trust your instincts, perceptions and research as you formulate your own base of knowledge and use it in future lessons. Great ideas never go out of style – they simply need to incubate until the time is right for the decision-makers to assess, appreciate and accept them!
Beginning with this lesson, we’ll start the sometimes-tedious but never boring process of studying, analyzing and assessing 4-four key federal statutes codified in the aftermath of the tragic events of 9/11. As you learned in high school, the Congress passes laws and the POTUS signs them into law. The Executive Branch (those departments/agencies under the POTUS' authority) then develops and issues rules and regulations to carry-out the intent of legislation enacted by the Congress.
Additionally, as you remember from previous Homeland Security courses, our federal departments/agencies only have authority to execute those tasks and responsibilities codified in law. Thus, every level of government - federal, state, county and local unit of government - derives its authority and responsibilities from both federal and state laws.
In this course, we will not explore state laws, however. At the federal level, these laws are compiled in the United States Code. At state level, they are generally compiled in state statutes. At territory, tribal entity, county and municipality levels, they may be referred to as ordinances, regulations, etc.
Do you know the correct designation of your local laws?
The United States Code (USC) is the codification by subject matter of the general and permanent laws of the United States. It is divided by broad subjects into 50 titles and published by the Office of the Law Revision Counsel of the US House of Representatives (HR). Since 1926, the Congress publishes the USC every six years. Between editions, the HR publishes annual cumulative supplements to present the most current information.
These 4-four acts form the basis for the majority of presidential vision/policies, decision directives, executive orders, national strategies, plans and programs used to direct and/or guide and implement Homeland Security measures across our public- and private-sectors. As you read and study each, try to capture the essence of the main points – these may not always be obvious.
When in doubt, give it a rest and then return with a clear mind. The more you study, the more obvious the main points become. The Sub-topic sections will also cover these below; use the hyperlinks to expedite your research and study. In your previous Homeland Security-related courses, you may have explored these in detail. If not, we’ll do so in this lesson.
One last note prior to getting into the Lesson: Many of you may not be acquainted with the pre-9/11 roles & responsibilities of the federal government, states, counties and local units of government re: border security, aviation security, intelligence and information-sharing, public safety, emergency response, etc. Hopefully, you will re-visit your perceptions/views on these subjects and form a new perspective. Throughout your review/analysis of the statutes in particular, remain aware of these key points:
- The states, via our Constitution, established and defined the roles/responsibilities of the federal government - not vice-versa.
- International border control/security is a federal - not a state- responsibility.
- The role of government - at all levels - is generally to provide services (typically defined as public safety, emergency medical services, fire suppression, social services, transportation, potable water, waste removal, etc.)
- Intelligence is derived from information relevant to a particular user/consumer; not all users/consumers view information the same.
- Elected officials at every level of government are charged with the safety and security of the human, physical and cyber assets residing within their jurisdictions.
- Prior to 9/11, state, county and local units of government had the responsibility to plan for and respond to the most-likely man-made (accidental and criminal) and natural disasters.