Video Introduction

Play the video below to watch an introductory message from your instructor detailing the contents of this lesson.

Overview

Now that you have completed the Orientation, let's get into the heart of Lesson 1 - the pre-9/11 strategic setting contributing to the establishment of current legislation, presidential vision, decision directives, executive orders, and National strategies and plans.

Lesson Objectives

At the conclusion of this lesson, students will be capable of:

1. Understanding the international and domestic, pre-9/11 strategic setting related to protecting the Nation’s critical infrastructure, key resources and significant special events – collectively referred to by the abbreviation CIKR.
    
2. Critically assessing the key actors, factors, attitudes and shapers of the pre-9/11 situation that may have contributed to US vulnerability on 9/11.
    
3. Assessing the effectiveness of existing statutory authorities to address and potentially mitigate criminal/terrorist attacks against US CIKR.

Research | Study Guide

Read the following strategic-level, overarching, foundational documents for inferences related to protecting the Nation’s CIKR:

• Declaration of Independence


• Constitution of the United States of America


• Bill of Rights

Review any previous course readings relevant to Homeland Security and other individual research notes to establish a frame of reference/context for this lesson.

Determine - in your opinion – the key actors (nations, law-makers, criminal/terrorist groups and/or individuals) and key factors (politics, economy, religion, US presence abroad, etc.) and shapers (existing US governance structure for problem-solving, international attitudes on terrorism, etc.) that helped shape the pre-9/11 strategic setting (international and domestic).

Scan the Topics and Student Learning Tasks/Assignments for an overview of this lesson’s focus and the areas relevant to the Graded Assignment.

Capture your questions/comments for the Discussion Forum and Graded Assignment as you proceed through the Required Readings and any independent research.

Seek answers to your questions through either Instructor or via collegial contact in the student Discussion Forum.

Maintain an open/receptive mind as you discuss contentious issues; not everyone shares the same views.

Be prepared to collaborate with/assist other students.

Getting Started

In this Lesson, you have the opportunity to research, identify and discuss what you believe to be the key legal statutes/authorities, actors, factors, attitudes and other shaping events/documents forming the pre-9/11 strategic setting (both domestic and international). Your assessment may differ from your colleagues’ assessment; this is normal and part of the continual organized chaos, friction and discourse associated with rights, liberty and the pursuit of happiness.

None of us see things exactly the ways others do; this includes our perceptions of deficiencies, political shaping events, constraints, etc. To most questions, there seems to be no answers – just more questions. Such is the case when dealing with matters in Public Administration. You, too, will come away from this course with amended opinions and assessments; and you will join the ranks of those having educated opinions – but remember - that’s only what they are.

Welcome to the gray and ever-changing world of Homeland Security. You are not alone in your thoughts that some of the existing CIKR protection deficiencies existing on 9/11 can be easily solved; others 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 may simply need to incubate for a while until the time is right for the decision-makers to accept them!

Key Actors

Terrorist attacks on defenseless citizens are nothing new; history is replete with examples. But in today’s context, experts on contemporary terrorism tactics and media impact generally trace modern day, terrorist group modus operandi to the 1972 Black September attacks at the Munich Olympics. Based on your individual research from previous courses and/or prior awareness of terrorism, think about those national leaders, criminals, etc. (domestic or international) whom you feel played a prominent pre-9/11 role in either constraining or exacerbating conditions that led to the 9/11 attacks on our Nation's CIKR. Certainly President Clinton, Osama bin Laden and the US Congress should be on your list. Each played major roles in shaping the pre-9/11 strategic setting – whether by acts of commission or omission.

Key Factors

Based on your individual research, awareness of current events and prior studies, reflect on those key factors (domestic and/or international) that you feel played a prominent pre-9/11 role in either mitigating or exacerbating conditions that led to the 9/11 attacks on US CIKR. One of the factors would certainly include our own Grand Strategy – our governmental structure defined by the founding fathers. Our three branches of government – Executive, Judicial and Legislative – define how our Nation reacts to catastrophic incidents and directs response. As you will recall from either high school Civics or your other college courses, our president has no authority to establish law; his primary responsibilities are to run the government and establish policy. He owns no checkbook to fund any operations (e.g., counterterrorism, combating terrorism, food and agriculture safety, cyber security, etc.). The Legislative Branch – the Congress – approves and appropriates those funds and directs how they will expended.

Bottom Line:  If the Congress does not feel the pressure to fund combating terrorism measures (both anti-terrorism and counterterrorism), initiatives, programs or retaliatory measures, there will be no movement on the issue. You may not agree, but it’s part of our system of checks and balances.

Delineation of Authorities and Responsibilities (Federal/State)

If you so feel obliged (and it will be worth your time as a Homeland Security professional), review the 3 strategic-level, foundational, overarching key documents previously-mentioned. You will surely regain an appreciation of what was/is the federal government’s role and responsibility in protecting the Nation’s CIKR. Did you notice that the states also have authority to implement protective measures in addition to the federal government? Do you recall where you saw this authority? If the states already had the right to implement protective measures in addition to the federal government, why didn't they do so?

!! Remember !!  Interpretation is the key – some citizens and politicians see the roles very clearly indicated, some not. Perhaps you made bullet/talking points for later use; if not, consider doing so – you will use these again if you work in the Homeland Security arena. You should be capable of discussing, in pre-9/11 context, how these federal and state roles/responsibilities should/could have been used to implement what we now refer to as  CIKR protection activities. You should also be able to defend your position about whether the federal government held the full responsibility for identifying and protecting the Nation’s CIKR (whether residing in the public or private sector) or whether the states shared some of that responsibility and if so, to what degree. In other words, where is the line of demarcation? It’s not a black & white issue – but rather many shades of gray!

Domestic and International Attitudes Concerning Terrorism

Some pundits say the world was a simpler and safer place prior to 9/11 because the US knew whom our enemies were and the USSR knew the same. Each had allies and thus could indirectly influence certain actions.

Others argue that assessment to be situationally-dependent (i.e., radical extremists have always been willing to die for their particular cause and this is no different). Regarding international policies and perspectives on terrorism or terrorist attacks, try to remember and annotate what you believe were the general domestic and international feelings about terrorism prior to 9/11?

Declaration of Independence

Sadly, many Americans tend to forget how our government operates, delineation of Executive Branch responsibilities, how laws are crafted and the various statutory constraints/restraints governing our legal systems (federal and state). But any understanding of Homeland Security policy must begin with an understanding of the American philosophy of government – what it was designed and tasked to do – and more importantly, what it was neither designated nor tasked to do. As you review the Declaration of Independence, look for the signs – either specified or implied - of government responsibility in identifying and protecting CIKR.

Ask this question: Are the states also empowered to identify and protect CIKR? Yes, indeed, the states have that authority as well. So, why didn’t the states do anything about identifying and protecting their CIKR prior to 9/11?  Good questions – all.

Constitution of the United States of America

As you review this historical and foundational document, annotate any factors shaping how we might approach critical infrastructure protection issues.  Look for areas that, in today’s terms, relate to the identification and protection of critical infrastructure.

Bill of Rights

As you review this capstone document, focus on the limitations on the power of the federal government. Among these are protecting the natural rights of liberty and property including freedom of speech, a free press, free assembly, and free association, as well as the right to keep and bear arms. Note two amendments that may directly factor into how the states, territories and tribal entities approach implementing Homeland Security activities in general and critical infrastructure protection issues specifically:

• “Article the fourth [Amendment II]
  • A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”


• “Article the twelfth [Amendment X]
  • The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Student Learning Task | Graded Assignment

None; this is an Introduction lesson only. Look in this section in later lessons, however, for the instructions regarding the Graded Assignment.

Summary

Protecting and ensuring the resiliency of the Nation's CIKR is essential to the our security, public health and safety, economic vitality, and way of life. Attacks on the those CIKR deemed nationally-critical could significantly disrupt the functioning of government and business alike and produce cascading effects far beyond the targeted sector and physical location of the incident. Incidents – whether from direct terrorist attacks and/or natural, man-made, or technological hazards - could produce catastrophic losses in terms of human casualties, property destruction, and economic impact. More importantly, consider the profound psychological damage to public morale and confidence.

As you proceed through this Course, try to maintain a dual perspective of how much the public-sector (government - all levels) should be involved and how much the private-sector should bear responsibility for protecting the Nation’s CIKR. It may surprise you to know that over 85% of the Nation’s CIKR reside in the private-sector.

Two questions will eventually surface during any discussion of CIKR protection:

1. Should your tax dollars fund protection measures for private-sector owned/operated CIKR?
2. What responsibilities do the owners/operators of CIKR bear in protecting their assets and resources?