92,99 €
Foundations of Homeland Security and Emergency Management Complete guide to understanding homeland security law The newly revised and updated Third Edition of Foundations of Homeland Security and Emergency Management enables readers to develop a conceptual understanding of the legal foundations of homeland security and emergency management (HSEM) by presenting the primary source law and policy documents we have established to address "all hazards," both terrorism and natural disasters. The book demonstrates that HSEM involves many specialties and that it must be viewed expansively and in the long-term. The Third Edition has more sources than previous editions and is streamlined with fewer long quotations. It highlights only those portions of the various documents and statutes necessary to provide the reader an understanding of what the law is designed to accomplish. Foundations of Homeland Security and Emergency Management includes information on: * WMD, now expanded to include Pandemic Laws * Political extremism, domestic threats, Posse Comitatus Act, and Insurrection Act * Space Law, comparative Drone Law with Japan, HSEM in Puerto Rico * Homeland Security Legal Architecture before 9/11 * Ethical, Legal, and Social Issues in Homeland Security * Critical Infrastructure Protection, Resiliency, and Culture of Preparedness With its accessible format, plethora of primary source documentation, and comprehensive coverage of the subject, this book is an essential resource for professionals and advanced students in law enforcement, national and homeland security, emergency management, intelligence, and critical infrastructure protection.
Sie lesen das E-Book in den Legimi-Apps auf:
Seitenzahl: 1151
Veröffentlichungsjahr: 2023
Cover
Table of Contents
Title Page
Copyright Page
Epigraph
About the Contributors
Preface
Acknowledgments
1 Introduction—Overview—Background
Chapter Summary
9/11
What Is Homeland Security and How Do We Know When We Have It?
Individual Responsibility and Faith Based Assistance
What Does HSEM Look Like from the Outside?
What Does HSEM Look Like from the Inside?
Everyone Is a Component. Everything Is Important
What Is Homeland Security Law?
The Development of Homeland Security Law
A Few Definitions of Terrorism
Purpose of This Text
About This Text
Contributing Authors
Disclaimer
Notes
2 Ethical, Legal, and Social Issues in Homeland Security—What They Are and How to Address Them
Overview
The Origins and Essence of ELSI
ELSI Components Defined
Security Culture as a Framework for Assessing and Addressing ELSI
Main ELSI Domains
The Relevance of ELSI
Homeland Security Legislation and the Intent of the Constitution
Domestic Surveillance and Homeland Security Technology such as Uncrewed Aerial Systems
ELSI Across the Homeland Security Cycle
ELSI in Public Health Preparedness and Pandemic Response
How to Address ELSI in Everyday Homeland Security
Additional Resources
Notes
3 The Homeland Security Legal Architecture Before 9/11
The Legal Architecture
The Early Homeland Security Legal Authorities
Looking Ahead + Connecting Back: Evaluating the Post‐9/11 Legal Authorities
Notes
4 Strategic Environment
Definition: What Is Strategic Environment?
Chapter Summary
Sources
Space
Alternative Scenarios for 2040
Space
U.S Space Command. USSPACECOM
Notes
5 Extremism, Terrorism, and Domestic Threat
*
Resurgence of American Secessionist Movements
Rightwing Extremist Terrorism
Modern Threats in Rightwing Domestic Terrorism
Far‐Right Extremist Groups
Social Media
Going Forward
Rife for Targeting
Leftist Extremism in the United States
Conclusion
Inserts
National Strategy for Countering Domestic Terrorism (June, 2021; Biden Administration National Security Council)
89
Notes
6 Collision in Space
Chapter Summary
The Strategic Value of Space
The New Strategic Space Environment
The Outer Space Treaty and National Security
Other Mechanisms for Space Governance
Conclusion
Notes
7 Master of Puppets Drones and Homeland Security in the United States and Japan
Introduction
Drones Behaving Badly
Supply Chain Risks
Introduction to the U.S. Drone Governance Framework
Introduction to Japan's Drone Governance Framework
Conclusion
Notes
8 The Department of Homeland Security
Sources
Title I—Department of Homeland Security
Title II—Information Analysis and Infrastructure Protection
Title III—Science and Technology in Support of Homeland Security
Title IV—Directorate of Border and Transportation Security
Title V—Emergency Preparedness and Response
USA Patriot Improvement and Reauthorization Act of 2005
DHS Strategic Plan 2020–2024
Organizational Structure
Notes
9 FEMA—The Federal Emergency Management Agency
Sources
Executive Order 12148—Federal Emergency Management, July 20, 1979
Homeland Security Act of 2002
Hurricane Katrina
Select Bipartisan Committee to Investigate the Preparation for and Response to Hurricane Katrina
Summary of PKEMRA
Post‐Katrina Emergency Management Reform Act of 2006
Pets Evacuation and Transportation Standards Act of 2006
FEMA Office of Disability Integration and Coordination
Notes
10 Emergency Management and Homeland Security in Puerto Rico—A Brief Case Study
Introduction
Hurricane María
The FEMA Process
Individual Assistance
Public Assistance
Management Costs
Conclusion
Homegrown and Restless—Puerto Rican Identity in the 21st Century
The 21st Century
2016–2023
Conclusion
Notes
11 Pandemic Law (2002–2022)
Strategic Environment
Pandemic Laws
Homeland Security Act, November 25, 2002
7
National Strategy for the Physical Protection of Critical Infrastructures and Key Assets, February 2003
8
Regulations to Control Communicable Diseases, 42 USC 264, 265
9
Executive Order 12452 December 22, 1983, Revised List of Quarantinable Communicable Diseases
10
Executive Order 13295 Of April 4, 2003, Revised List of Quarantinable Communicable Diseases
14
Executive Order 14047 of September 17, 2021, Adding Measles to the List of Quarantinable Communicable Diseases
15
HSPD 10, Biodefense for the 21st Century.
16
(April 28, 2004)
Project BioShield Act of 2004.
17
(July 21, 2004)
Post Katrina Emergency Management Reform Act, October 4, 2006
18
Pandemic and All Hazards Preparedness Act, December 19, 2006
19
HSPD 18, Medical Countermeasures against Weapons of Mass Destruction, January 2007
20
Implementing Recommendations of the 9/11 Commission Act of (August) 2007
21
HSPD 21. Public Health and Medical Preparedness. October 18, 2007
22
DOD Instruction Number 6420.01, March 20, 2009, Re‐established the National Center for Medical Intelligence
23
National Strategy for Countering Biological Threats November 23, 2009
25
United Nations Website
26
Pandemic and All‐Hazards Preparedness Reauthorization Act of 2013
27
The 2015 Public Health Emergency Medical Countermeasures Enterprise Strategy and Implementation Plan
28
Executive Order 13747, November 4, 2016, Advancing the Global Health Security Agenda To Achieve a World Safe and Secure From Infectious Disease Threats
30
National Health Security Strategy and Implementation Plan 2019–2022
31
National Biodefense Strategy from 2018
32
American Pandemic Preparedness Plan: Transforming Our Capabilities (AP3), September 2021
47
Moving Forward
Notes
12 Intelligence Gathering
Chapter Summary
Definitions
Intelligence Community (IC)
3
Sources
Project on National Security Reform “Forging a New Shield,” November 2008
National Intelligence Strategy of the United States of America, 2019
The National Security Act of 1947
Title I—Coordination for National Security
Executive Order 13228 of October 8, 2001, Establishing the Office of Homeland Security and the Homeland Security Council
Title III of the Omnibus Crime Control and Safe Streets Act, Wiretapping and Electronic Surveillance, June 19, 1968
Foreign Intelligence Surveillance Act, October 25, 1978
50 U.S. Code § 1801—Definitions
Title II—Enhanced Surveillance Procedures
Title IX—Improved Intelligence
Title I—Reform of the Intelligence Community
Title II—Federal Bureau of Investigation
USA PATRIOT Improvement and Reauthorization Act of 2005
Title VI—Congressional Oversight of Intelligence
Executive Order 13462, February 29, 2008, President's Intelligence Advisory Board and Intelligence Oversight Board
FISA Amendments Act of 2008
Title I—Foreign Intelligence Surveillance
Title II—Protections for Electronic Communication Service Providers
USA Freedom Act, Public Law 114‐23, June 2, 2015
Title I—FISA Business Records Reforms
CRS Report: Reauthorization of Title VII of the Foreign Intelligence Surveillance Act, March 17, 2023
Notes
13 Border Security
Sources
Patriot Act, 2001
Homeland Security Act of 2002
Intelligence Reform and Terrorism Prevention Act of 2004, Advanced Technology Northern Border Security Pilot Program
Appropriations, Public Law 109–295, Title V, October 4, 2006
Arctic Region Policy, NSPD‐66/HSPD‐25, January 9, 2009
National Southwest Border Counternarcotics Strategy, June 2009
National Southwest Border Counternarcotics Strategy, 2011
Border Tunnel Prevention Act of 2012
Ultralight Aircraft Smuggling Prevention Act of 2012
The 2012–2016 Border Patrol Strategic Plan
National Southwest Border Counternarcotics Strategy, 2013
Border Patrol Strategy 2022–2026, June 7, 2022
Notes
14 Critical Infrastructure Protection
Background and Chapter Summary
Sources
Executive Order 13010—Critical Infrastructure Protection, 1996
Executive Order 13231—Critical Infrastructure Protection In The Information Age, October 18, 2001
Patriot Act, October 26, 2001
National Strategy for the Physical Protection of Critical Infrastructures and Key Assets, February 2002
The New Front Lines
Statement of National Policy
Guiding Principles
Protecting Key Assets
National Strategy for Homeland Security, July 2002
Homeland Security Act, November 25, 2002
HSPD 7. Critical Infrastructure, December 17, 2003
9/11 Commission Implementation Act of 2004
Post Katrina Emergency Management Reform Act
HSPD 19. Combating Terrorist Use of Explosives in The United States, February 2007
Improving Critical Infrastructure Security, Title X, Implementing Recommendations of The 9/11 Commission Act, August 3, 2007
National Strategy for Homeland Security, October 2007
National Infrastructure Protection Plan (NIPP), 2009
PPD‐21. Critical Infrastructure Security and Resilience, February 12, 2013
National Infrastructure Protection Plan (NIPP) 2013: Partnering for Critical Infrastructure Security and Resilience
FACT SHEET: Biden Administration Announces Further Actions to Protect U.S. Critical Infrastructure. JULY 28, 2021
Cybersecurity and Infrastructure Security Agency
Notes
15 Agriculture and Food
Sources
National Agricultural Biosecurity Center at Kansas State University
Public Health Security and Bioterrorism Preparedness and Response Act of 2002
Title IV—Drinking Water Security and Safety
National Strategy for the Physical Protection of Critical Infrastructures and Key Assets, February 2003
HSPD 9. Defense of United States Agriculture and Food, January 30, 2004
Research and Development
FDA Food Safety Modernization Act, January 2011
Title I—Improving Capacity To Prevent Food Safety Problems
A Homeland Security Strategy for Countering Biological Threats and Hazards
A Homeland Security Strategy for Managing Biological Risk
Report to Congress on the National Agriculture and Food Defense Strategy (NAFDS) April 2015
Food and Agriculture Sector‐Specific Plan, 2015
Sector Overview
Response Federal Interagency Operational Plan, August 2016
2019 Report to Congress, The Food Emergency Response Network (FERN)
Notes
16 Transportation Security
Sources (Not in Chronological Order)
Aviation Security
The Aviation and Transportation Security Act, November 19, 2001
Intelligence Reform and Terrorism Prevention Act, Title IV, Aviation Security, December 17, 2004
Maritime Transportation Security
United Nations Convention on the Law of the Sea, 1982, Pirates. Part VII, High Seas
Title I—Maritime Transportation Security
HSPD 13. Maritime Security Policy, December 21, 2004
Reducing Crime and Terrorism at America's Seaports Act of 2005
Rail Transportation
Intermodal (Supply Chains)
Appendix D: 2020 Intermodal Transportation Security Plan
Notes
17 Weapons of Mass Destruction
Sources
HSPD‐4 National Strategy to Combat Weapons of Mass Destruction, December 2002
Pillars of Our National Strategy
Nonproliferation
Intelligence Reform and Terrorism Prevention Act of 2004
HSPD 14/NSPD 43, Domestic Nuclear Detection, April 15, 2005
Executive Order 13382, Blocking Property of Weapons of Mass Destruction Proliferators and Their Supporters, July 1, 2005
Security and Accountability For Every Port Act of 2006—Domestic Nuclear Detection Office
Implementing Recommendations of The 9/11 Commission Act, August 3, 2007. National Biosurveillance Integration Center
HSPD 17/NSPD 48, Nuclear Materials Information Center
A National Strategy for CBRNE Standards, May 2011
Title VIII—Safety of Maritime Navigation and Nuclear Terrorism Conventions Implementation
The DHS Countering Weapons of Mass Destruction Office (CWMD)
The United Nations Office for Disarmament Affairs
NSM 19 to Counter WMD, Terrorism, and Advance Nuclear and Radioactive Material Security, March 2, 2023
Notes
18 National Continuity Plan
Sources
25th Amendment to the U.S. Constitution, Ratified 1967
HSPD 20/NSPD 51. National Continuity Policy, May 4, 2007
Homeland Security Presidential Directive 20, National Security Presidential Directive 51, Annex A
Presidential Succession List
Executive Order: National Defense Resources Preparedness, March 2012
Executive Order: Assignment Of National Security And Emergency Preparedness Communications Functions, July 6, 2012
FEMA Office of National Continuity Programs (ONCP)
FEMA Continuity Resource Toolkit
Mount Weather Emergency Operations Center
Notes
19 Real ID Act
Sources
Intelligence Reform and Terrorism Prevention Act of 2004
Real ID Act, 2005
Implementing Recommendations of the 9/11 Commission Act of 2007
Extension of REAL ID Full Enforcement Deadline, December 5, 2022
Notes
20 NIMS and NRF
Chapter Summary
Sources
HSPD 5. February 28, 2003
Intelligence Reform and Terrorism Prevention Act of 2004
National Incident Management System, Third Edition, October 2017
National Response Framework Fourth Edition, October 2019
History of NIMS
Notes
21 Preparedness
Chapter Summary
Sources
Executive Order 13234 of November 9, 2001, Presidential Task Force on Citizen Preparedness in the War on Terrorism
Homeland Security Advisory System
Homeland Security Act of 2002
Executive Order 13347 of July 22, 2004, Individuals with Disabilities in Emergency Preparedness
9/11 Commission Implementation Act of 2004
Public Alert and Warning System, Executive Order 13407 of June 26, 2006
Post Katrina Emergency Management Reform Act, October 4, 2006
Title XVIII—Emergency Communications
Title III—Ensuring Communications Interoperability for First Responders
National Strategy for Homeland Security, October 5, 2007
National Terrorism Advisory System (NTAS) 2011
2014 Quadrennial Homeland Security Review, June 18, 2014
National Preparedness And The Whole Community Approach
Executive Order on America's Supply Chains, February 24, 2021
Response and Recovery Federal Interagency Operational Plan, March 2023
Wireless Emergency Alerts System
Notes
22 Resiliency and a Culture of Preparedness
Chapter Summary
Sources
National Strategy for Homeland Security, October 5, 2007
HSPD 21. Public Health and Medical Preparedness, October 18, 2007
National Defense Strategy, 2008
Top Ten Challenges Facing The Next Secretary of Homeland Security, September 11, 2008
PPD 8. National Preparedness, March 30, 2011
National Preparedness Guidelines
The National Preparedness Goal, September 2011
National Preparedness Goal, Second Edition, September 2015
CDC Global Health Strategy 2019–2021
Dept. of Homeland Security Strategic Plan: Fiscal Years 2020–2024
CDC Global Health Equity Strategy 2022–2027
FEMA National Preparedness Report 2022
Increase Equity in Individual and Community Preparedness
Notes
23 Authority to Use Military Force
Sources (Not in Chronological Order)
U.S. Constitution, Article I Section 8, Congressional Power
U.S. Constitution, Article II Section 2, Presidential Power
What Is “Posse Comitatus?”
Posse Comitatus Act: Use of Army and Air Force as posse comitatus
Insurrection Act
U.S. Constitution, Amendment XIV, 1868
Joint Publication 3–28: Defense Support of Civil Authorities, 2018
Department Of Defense Instruction 3025.21, 2019
Military Support For Civilian Law Enforcement, also known as DSCA (Defense Support for Civilian Authorities) (10 USC 271)
War Powers Resolution of 1973
Authorization for Military Action Against Iraq Resolution, January 14, 1991
PDD‐39, U.S. Policy on Counterrorism, June 21, 1995
United States Government Interagency Domestic Terrorism Concept of Operations Plan, January 2001
Authorization For Use Of Military Force, September 18, 2001
Authorization for Use of Military Force Against Iraq Resolution, October 16, 2002
United States Northern Command
Northcom's CBRNE Consequence Management Response Force
Strategy for Homeland Defense and Defense Support of Civil Authorities, Department of Defense, February 2013
Executive Order — Federal Support for Local Law Enforcement Equipment Acquisition, January 16, 2015
Recommendations Pursuant to EXECUTIVE ORDER 13688 Federal Support for Local Law Enforcement Equipment Acquisition. May 2015
National Response Framework Fourth Edition, October 2019
Response and Recovery Federal Interagency Operational Plan, March, 2023
Notes
24 Cyber
Sources
National Strategy to Secure Cyberspace, 2003
U.S. Department of Homeland Security Cybersecurity Strategy, May 15, 2018
National Cyber Strategy Of The United States Of America, September 2018
Executive Order on Improving the Nation's Cybersecurity, May 12, 2021
Annual Threat Assessment of the U.S. Intelligence Community, February 7, 2022
Cross‐Sector Cybersecurity Performance Goals 2022
Cybersecurity and Infrastructure Security Agency (CISA)
U.S. Cyber Command
Notes
25 Three National Strategies
National Strategy for Countering Domestic Terrorism June 2021
1
Department of Defense, National Defense Strategy 2022
2
National Cybersecurity Strategy, United States, White House Office, March 02, 2023
3
Emerging Trends
Malicious Actors
Rebalance the Responsibility to Defend Cyberspace
Realign Incentives to Favor Long‐Term Investments
Notes
Index
End User License Agreement
Cover Page
Title Page
Copyright Page
Table of Contents
Epigraph
About the Contributors
Preface
Acknowledgments
Begin Reading
Index
WILEY END USER LICENSE AGREEMENT
iii
iv
v
xxiv
xxv
xxvi
xxvii
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
Third Edition
Martin J. Alperen
San Francisco, CA, USA
HomelandSecurityLaws.com
Copyright © 2024 by John Wiley & Sons, Inc. 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 http://www.wiley.com/go/permission.
Trademarks: Wiley and the Wiley logo are trademarks or registered trademarks of John Wiley & Sons, Inc. and/or its affiliates in the United States and other countries and may not be used without written permission. All other trademarks are the property of their respective owners. John Wiley & Sons, Inc. is not associated with any product or vendor mentioned in this book.
Limit of Liability/Disclaimer of WarrantyWhile 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. Further, readers should be aware that websites listed in this work may have changed or disappeared between when this work was written and when it is read. Neither the publisher nor authors 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 (800) 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:
Names: Alperen, Martin J., author. | John Wiley & Sons, publisher.Title: Foundations of homeland security and emergency management : law and policy / Martin J. Alperen.Other titles: Foundations of homeland securityDescription: Third edition. | Hoboken, New Jersey : Wiley, [2024] | Includes index.Identifiers: LCCN 2023039697 (print) | LCCN 2023039698 (ebook) | ISBN 9781394191598 (cloth) | ISBN 9781394191604 (adobe pdf) | ISBN 9781394191611 (epub)Subjects: LCSH: National security–Law and legislation–United States. | Emergency management–Law and legislation–United States. | Terrorism–Prevention–Law and legislation–United States.Classification: LCC KF4850 .A947 2024 (print) | LCC KF4850 (ebook) | DDC 344.7305/32–dc23LC record available at https://lccn.loc.gov/2023039697LC ebook record available at https://lccn.loc.gov/2023039698
Cover Design: WileyCover Image: © fpm/Getty Images
The United States Attorney is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all… Berger v. United States, 295 US 78, 88, (Sutherland) (1935).
…the desire for freedom lives in every human heart and the imperative of human dignity transcends all nations and cultures…
…the survival of liberty at home increasingly depends on the success of liberty abroad. National Security Strategy of the United States of America, March 2006, § II(C).
The only thing necessary for evil to prevail is for good men to do nothing.
—Edmund Burke
Those who have the privilege to know have the duty to act.
—Albert Einstein
I try to make my sojourn here a useful interlude.
—J. Antonio Jarvis
Be Kind.
—Unknown
Amy C. Gaudion is an associate professor of law at Penn State Dickinson Law, having previously served the law school as associate dean for academic affairs. Professor Gaudion's scholarship sits at the intersection of constitutional law, national and homeland security law, and civil‐military relations. She leads Dickinson Law's national security and cyber‐related programs, and she established and leads an annual cyberspace simulation in collaboration with the U.S. Army War College. Her recent works include Answering the Cyber Oversight Call published in the Loyola University Chicago Law Journal, a “Cyberspace Operations Policy and Law Case Study” (co‐authored with Ben Leitzel and Greg Hillebrand), a book review on This Is How They Tell Me the World Ends: The Cyberweapons Arms Race (2020) by Nicole Perlroth, and a blog post titled “It's Time to Reform the U.S. Vulnerabilities Equities Process (VEP).”
Tobias T. Gibson is the Dr. John Langton Professor of Legal Studies and Political Science at Westminster College, in Fulton, Missouri. He is also a Missouri State University Defense and Strategic Studies Graduate Research Faculty. Gibson is the co‐editor of Contextualizing Security: A Reader, published with the University of Georgia Press, and of Red Reckoning: The Cold War and The Transformation of American Life, published by LSU Press. He is the founding director of the Security Studies Program and is the coordinator of the Legal Careers Program at Westminster. He is a former Distinguished Visiting Fellow at the Institute for Security Policy and Law at Syracuse University.
William L. Martin graduated from Westminster College in Fulton, Missouri, with a triple major in Security Studies, Psychology, and Political Science with a minor in Criminal Justice as well as Certificates in National Security Law and Homeland Security. He will be starting Law School at Saint Louis University Law in the fall of 2023. He enjoys studying all things security with a particular focus in homeland security and hopes to work in the federal government after law school.
Benjamin Ogden is the course director and lead instructor for the strategic space studies program at the U.S. Army War College. His area of concentration includes space policy, national security space strategy, and military space operations in support of strategic land power. His operational experience includes multiple overseas and combat deployments, and as the training and readiness director for the U.S. Army Space & Missile Defense Command. Colonel Ogden has a Bachelor of Science degree in Environmental Science from the U.S. Military Academy at West Point and a Master of Strategic Studies from the U.S. Army War College.
David A. Parker is a PhD candidate at the National Graduate Institute for Policy Studies (GRIPS) in Tokyo and a senior associate with the Center for Strategic and International Studies in Washington, DC. He previously held roles as a senior analyst for international economic affairs with Aflac International and as an associate fellow at CSIS.
Daniel E. Rivera is an emergency management specialist working with FEMA's disaster recovery efforts for Hurricanes Irma, María, and the Earthquake disasters in Puerto Rico. He has five year's experience working with the Individual and Public Assistance programs and has shaped policy in those areas. He holds undergraduate degrees in Political Science and Media Studies from Penn State University and is a graduate student in Penn State's Homeland Security program. The views expressed in this chapter are his own analysis of homeland security policies, programs, and theories, and are based on publicly available information. His views do not represent DHS, FEMA, or any of its programs. He would like to thank Caroline, Rosie, Whiskey, Rudolph, Stevie, and Marcos, without whom this endeavor would not have been possible.
Alexander Siedschlag, PhD, MA, is the dean of the College of Arts & Sciences of Embry‐Riddle Aeronautical University's Worldwide Campus and a tenured full professor in the college's Department of Security and Emergency Services. He previously served as tenured full professor and chair of Homeland Security Programs at The Pennsylvania State University (Penn State). His latest books include (ed., with Andrea Jerković) Homeland Security Cultures: Enhancing Values while Fostering Resilience (Lanham, MD: Rowman & Littlefield, 2018) and (ed., with Andrea Jerković) Cross‐Disciplinary Perspectives on Homeland and Civil Security: A Research‐based Introduction. 2nd revised ed. New York: Peter Lang, 2022.
Daniel G. Sofio is an independent security consultant and an employee at a cybersecurity startup. He was previously senior manager of the Research and Analysis team at Panjiva, part of S&P Global Market Intelligence, focused on defense and intelligence projects. Prior to joining S&P Global, Mr. Sofio served as a program manager and research associate at the Center for Strategic and International Studies (CSIS) in Washington, DC.
This Third Edition adds the words “emergency management” to the title. It is completely updated and has contributing chapters from stars in the field. The original format, organized by topic, has proven to be excellent and remains a special feature that has not changed. Because of the ever‐increasing number and variety of sources, there are more entries but fewer, long quotations.
Martin J. Alperen
Thank you to all of us who strive to make the world a better place.
“We Have Some Planes”1
No book about homeland security and emergency management law is complete without mention of 9/11 and reference to The 9/11 Commission Report and other factual reporting about the attack. Next in the chapter is a discussion of “what is homeland security?” There are sections on what homeland security looks like from the outside and from the inside, and a discussion about the development of homeland security law since 9/11. Next are definitions of terrorism, a list of goals or learning objectives for the reader, and then a little about this text.
“HS” = homeland security.
“EM” = emergency management.
“HSEM” = homeland security and emergency management.
After 9/11 America drafted laws to protect us.
Understanding what happened and how September 11, 2001, affected America and the world is important for understanding HSEM law and policy, but is beyond the scope of this book. Readers can familiarize themselves with the well‐documented history and background. The 9/11 Commission Report,2 the result of an intensive government‐sponsored investigation, is the official version of the events. Columbia University's The World Trade Center Attack: The Official Documents,3 and City University of New York/George Mason University's The September 11th Digital Archives4 both have a wealth of information.
I find the following two sources helpful. “Up From Zero”5 is a one‐hour video from the U.S. Department of Labor. It is an uplifting profile of the tradespeople who removed what was left of the World Trade Center after September 11, 2001. A remarkable story in itself made even more so because some of the same workers also helped to build it years earlier.
The Boston Marathon bombing on April 15, 2013, is the topic of a remarkable 14‐minute video by Chris Bellavita and the CHDS media team. “Lilacs out of the dead land: 9 lessons to be learned from last week”6 introduces many of the issues relevant to understanding HSEM.
According to the Homeland Security Council in 2007, “the United States, through a concerted national effort that galvanizes the strengths and capabilities of Federal, State, local, and Tribal governments; the private and non‐profit sectors; and regions, communities, and individual citizens— along with our partners in the international community— will work to achieve a secure Homeland that sustains our way of life as a free, prosperous, and welcoming America.”7
The 2014 Quadrennial Homeland Security Review described the Homeland Security Vision as “A homeland that is safe, secure, and resilient against terrorism and other hazards, where American interests, aspirations, and way of life can thrive.”8
The Department of Homeland Security lists six “overarching homeland security missions: Counter Terrorism and Homeland Security Threats; Secure U.S. Borders and Approaches; Secure Cyberspace and Critical Infrastructure; Preserve Prosperity and Economic Security; Strengthen Preparedness and Resilience; and ‘Strengthening the integrated relationships between and among Headquarters Offices and Operational Components to optimize the Department's efficiency and effectiveness.’”9,10
The boundaries of jurisdiction and responsibility are on occasion, blurry, and often overlap. In addition, different agencies have different skills. This is one of the reasons representatives of multiple agencies will respond to an incident.
“Homeland security and homeland defense are complementary components of the National Security Strategy. Homeland defense is the protection of US sovereignty, territory, domestic population, and critical defense infrastructure against external threats and aggression…. Missions are defined as homeland defense if the nation is under a concerted attack.
The Department of Defense (DOD) leads homeland defense and is supported by the other federal agencies. In turn, the DOD supports the nation's homeland security effort, which is led by the Department of Homeland Security (DHS).”11
“HS is an integral element of a broader national security and domestic policy. Protecting the US from terrorism is the cornerstone of HS…
HS describes the intersection of evolving threats and hazards with traditional governmental and civic responsibilities for civil defense, emergency response, law enforcement, customs, border control, and immigration… However, as a distributed system, no single entity has the mission to directly manage all aspects of HS.”12
Homeland Security is defined as “a concerted national effort to prevent terrorist attacks within the United States, reduce America's vulnerability to terrorism, and minimize the damage and recover from attacks that do occur.”13
Despite the definition, mission statement, and vision, there is no consensus among practitioners and the public as to what the term Homeland Security means. Different groups view it differently.14 The extremes of opinion are represented, for the narrow view, by those who feel homeland security is only about terrorism. They believe focusing on anything additional dilutes, distracts, and weakens the homeland security mission.
Others say its focus is terrorism and natural disasters. To some, homeland security is focused on “jurisdictional hazards” (i.e., homeland security means different things depending upon where you live and the particular hazards your region faces). Examples include hurricanes, tornados, flooding, and earthquakes.
One practitioner uses the term “Generational Hazards.” These are hazards created by the present generation that “take many decades to metastasize before finally reaching a disastrous end‐state that impacts future generations.”15 Climate change is one example. The Strategic Environment chapter discusses many other threats that qualify as HSEM threats.
Still others claim homeland security is about “all hazards” (terrorism, man‐made disasters, and natural disasters). All hazards is, appropriately, the current focus.
The broad view of homeland security advocates that homeland security is about everything— that it implicates almost every sector of our lives and there is very little which does not relate to it in some way.
Under this view, the arts (painting, poetry, music, dance, theatre) have homeland security implications. Known to break down barriers and overcome cultural differences, sometimes the arts are the only connection between otherwise hostile/unfriendly countries.16 “We must never forget that art is not a form of propaganda; it is a form of truth.”17 Even food counts. “It's often said that the closest interaction many Americans have with other countries' cultures is through food. That kind of culinary diplomacy is particularly common in Washington, D.C., where immigrants from all over the world have cooked up a diverse food scene….”18
For those who think America's homeland security is global, homeland security is synonymous with “One World Security.”19 We can plan to prevent, prepare for, and recover from a terrorist attack. We can also take the broader and longer‐term view and strive to make the world a better place where there will be fewer terrorists.
The titles we used and the focus of what we now call HSEM has changed over the years.20 During the Cold War, we called it “Civil Defense,” focused on nuclear war with the Soviets. When the Cold War ended, the focus moved to natural hazards. After 9/11, we called it homeland security, focused on terrorism. Homeland security is now focused on “all hazards.” Within this list of terms should also be “public safety.”
Further insight into what is homeland security can be gained by examining different models of emergency management. Michael D. Selves21 describes two philosophically different views of emergency management— the “emergency services” model and the “public administration” model.
The “emergency services [model is] primarily concerned with the coordination of emergency services.” Among other things, Selves points out that under the emergency services model
Organizational interactions tend to be primarily with emergency services agencies. Managers operating under the E‐S model may be reluctant to interact with non‐emergency services agencies and especially with senior, elected officials. Often emergency management functions are embedded within an emergency service agency. This has the effect of isolating them further from the policy making functions of the jurisdiction. Access to local executives and elected officials is often indirect and limited by the organizational structure. Interaction with policy level officials is also often characterized by an attitude that the “politicians” are a nuisance during response operations and should be “kept somewhere so they don't get in the way.”
The public administration model is much broader.
The P‐A model is based on a philosophy which views emergency management as an element of the overall administration of government. It sees emergency management as that aspect of public administration which deals with the operation of government during crisis. Because of this, there is an interest in the political, social and psychological factors that are involved in crisis management. The concern is focused on not just the emergency services response, but on the impact of the disaster/emergency in terms of larger jurisdictional issues…
Practitioners operating under the P‐A model tend to approach emergency management as a discipline, subject to academic research and debate with the results … being used as tools in implementing a local program…
The “emergency services” model is narrow, restricted, and limited. The “public administration” model is, by comparison, broad, full, and robust. The public administration model must address the full range of issues while the emergency services model just makes sure the fire is out.
Hurricane Katrina will be examined thoroughly in the FEMA Chapter and blame for the poor response can be debated and assigned to several management‐level individuals, entities, and levels of government. It does not, however, fall on them alone. There must be some “individual responsibility.”
Many of the people who perished and suffered in Katrina were poor, ill, frail, and/or disenfranchised. Is it good governance to expect a person without even food security to on their own, relocate to another city, or to go to a hotel for a few days? Which level of government and which individuals were in the best position to know the existing infrastructure weaknesses, the severity of the coming storm, and the constituents?
Although taking individual responsibility is admired in our society, we all have different capabilities and not everyone can do what is needed in all circumstances all the time. Thankfully, helping others is admired too. America has a long history of religious organizations taking responsibility for those less fortunate. This is an important part of America's resilience the government actively promotes. For example, “The White House Office of Faith‐based and Neighborhood Partnerships… will promote partnerships with religious and secular organizations to better serve people in need.”22 Similar work is done through the DHS Center for Faith‐based & Neighborhood Partnerships23 and FEMA's Voluntary, Faith‐Based, & Community‐Based Organizations.24
Using an Office of Homeland Security/Emergency Management (HSEM)25 as an example, homeland security looks like or reflects the breadth‐of‐homeland‐security view of its leaders. For those with an “emergency services” orientation we would expect to see major involvement by emergency services providers only (police, fire, EMS, etc.). This system might have the best equipment and respond with military precision, yet if these are the only participants, then the job is done as soon as the scene is safe.
A HSEM office with a “public administration” focus would have a vastly broader area of responsibility. This HSEM would involve not just a city's first responders but also all subsequent responders— those represented in part by all the city agencies, because all city agencies will have a role in recovery. Every city agency would be involved with the HSEM. After surviving a disaster, when the first responders are done, these subsequent responders will make a city resilient.
At the very least, a broad‐minded HSEM office will have all of its agencies working as soon after a disaster as possible. Ideally, all of the agencies have practiced working together in alternative locations and with limited communications capabilities. All agencies should have ways to obtain essential equipment, supplies, and other vital resources even without a fully functional city government. For example, the public health department procures latex gloves from the local pharmacy when the traditional supplier is unavailable. In addition, all of this should be practiced and coordinated with federal, state, and tribal governments; the private and non‐profit sectors; and regions, communities, and individual citizens. For more on this, see the chapters on Preparedness and Resilience.
America faces an everchanging array of threats and hazards. For example, COVID 19, the Colonial Pipeline hack of April 2021, the JBS meat packing plant hack of June 2021, and Hurricane Ian of 2022. “We must constantly learn from them and adapt.”26
Homeland security is not static, absolute, or permanent. It is continuous and adaptive. It is dynamic. On every level, homeland security requires cooperation, joint operations, and collaboration. It is integrated, interrelated, and interagency. “The challenges to national security today defy traditional categories. National security now involves a wide array of issues that can be addressed only with a broader set of highly integrated and carefully calibrated capabilities.”27 “The evolution of the terrorist threat demands a well‐informed, highly agile, and well‐networked group of partners and stakeholders‐”28
Emergency services agencies (first responders) all over the country have a grand history of cooperating with each other. Thus, HSEM has horizontal integration. Almost every statute and policy document related to HSEM requires that a certain plan or action be coordinated with federal, state, county, city, town, tribal, and regional governments, and with the private sector. There is also, at least in theory, vertical integration.
The 9/11 Commission Report called the attacks a failure of imagination.29 How we think about the subject, or don't think about it, can be as important as any other aspect of homeland security. “We can't solve problems by using the same kind of thinking we used when we created them.”30 “Truly successful decision making… demands more than just a picture of the world as it is. It demands in addition a picture of the world as it will (or at least may) be.”31 HSEM requires that new ways of thinking about or looking at a problem, and new vision, be nourished and encouraged. There must always be room at the table for them.
HSEM has many components, and they are all critical. For example, no matter what type of incident, whether it is a storm, earthquake, flood, tornado, man‐made disaster such as a train wreck with deadly chemicals aboard, or terrorism, without communications, intelligence cannot reach decision‐makers and direction cannot be conveyed to the people in the position to take action. Without good intelligence, those in charge will not know the best actions to take, regardless of whether they can communicate. Without trained, prepared, and properly equipped responders to take action, communication and intelligence are meaningless.
This is a more important point than it might appear to be at first glance because “everyone” is a lot. It includes not just the decision‐makers, intelligence officials, and first responders mentioned in the preceding paragraph. “Everyone is a component” means the entire community. For example, if there is a major catastrophe and if members of the community know basic first aid, that will free up overwhelmed first responders to deal with other issues. FEMA's CERT32 (Community Emergency Response Team, sometimes it goes by other names) training is an excellent resource that increases the number of people who can contribute. Please see the chapters on Preparedness and Resilience.
One definition of homeland security is “a concerted national effort to prevent terrorist attacks within the United States, reduce America's vulnerability to terrorism, and minimize the damage and recover from attacks that do occur.”33 Adding the Department of Homeland Security's and FEMA's all hazards approach, it follows logically, then, that HSEM Laws are designed to prevent, mitigate, respond to, and recover from manmade or natural disasters, catastrophic accidents, or terrorist attacks.34
HSEM laws are a mix of Congressional statutes and executive orders. They are intertwined, interrelated, and build upon each other. They include executive branch and agency policy documents and military doctrine. They also include things that inform or provide analysis, reports by commissions, and those that are prepared because of or pursuant to a law.
An example of a non‐law that informs is the “U.S. Global Change Research Program… created by Congress… to build a knowledge base for understanding and responding to climate change and other environmental changes affecting the total Earth system…”35 The GCRP was created by a law, the Global Change Research Act of 1990.36
Another non‐law that informs is The National Agricultural Biosecurity Center at Kansas State University. It “is one of the initial (pre‐9/11) national voices concerning agricultural threats… protecting the American public and the domestic food supply chain from biological threats.”37
Yet another is The Critical Infrastructure Resilience Institute at University of Illinois at Urbana‐Champaign. CIRI “conducts research and education that enhances the resiliency of the nation's critical infrastructures and the businesses and public entities that own and operate those assets and systems…funded by a $20 million five‐year grant from [DHS]… led by the University… with collaborators from other U.S. universities and national labs.”38
CIRI is one of America's “Centers of Excellence.” “The DHS S&T Centers of Excellence (COEs) develop multidisciplinary, customer‐driven, homeland security science and technology solutions and help train the next generation of homeland security experts.”39
Codes, such as environmental codes, and building and fire codes are promulgated pursuant to statutes and executive orders and are a part of HSEM law, too.
The U.S. Fire Administrator's Summit on Fire Prevention and Control,40 October 11–12, 2022, found,
Model building codes improve building resilience to natural disasters and save $11 for every $1 invested… All nationally recognized modern building and fire codes require the use of life‐saving technology…
In buildings with automatic fire sprinkler systems, the civilian fire death rate is 89 percent lower than non‐sprinklered buildings and the injury rate is 27 percent lower…
This book provides direct quotations from these laws. These are primary sources.41 Because laws are often not written in full sentences, they are sometimes difficult to follow. In these circumstances, I try to include the best snippets to convey the law's meaning and import.
Homeland Security Law had its official beginning on September 11, 2001. Prior to then, our nation “lacked a unifying vision, a cohesive strategic approach, and the necessary institutions within government to secure the Homeland against terrorism.” “[That day] transformed our thinking.”42 Six weeks later, October 26, 2001, Congress passed the USA Patriot Act.43 On November 25, 2002, Congress passed the Homeland Security Act44 establishing the Department of Homeland Security (DHS).45
Documents called National Strategies, produced by the Executive Branch of government, enunciate the Nation's blueprint or master plan for a particular subject. For example, there is the National Security Strategy, the National Strategy for the Physical Protection of Critical Infrastructures and Key Assets, and the National Strategy for Combatting Terrorism. These and other related documents can be found in the Homeland Security Digital Library.46 We will examine some of them.
Executive orders are usually shorter and more detailed than the strategies. Each one is focused on a specific subject area. Most are public, some are classified, and if so, there is a declassified version or at least a description.47 The administration of President George W. Bush called them Homeland Security Presidential Directives (HSPDs). HSPD 9 is “Defense of United States Agriculture and Food.”
President Barack Obama's administration called them Presidential Policy Directives (PPDs). PPD 21 is “Critical Infrastructure Security and Resilience.”
President Biden has named his “National Security Memorandums”48 and Executive Orders.49
The Disaster Relief Act of 1974 established the procedures for presidential disaster declarations. The Federal Emergency Management Agency (FEMA), created during the administration of President Jimmy Carter in 1979, consolidated under one agency the disaster management functions that previously were scattered among several independent agencies.
The Robert T. Stafford Disaster Relief and Emergency Assistance Act50 (1988) amended and incorporated the provisions of the 1974 Disaster Relief Act. “The Stafford Act,” as it is called, sets forth the procedures for declaring a disaster and requesting federal assistance and then guides the subsequent emergency response through ultimate recovery. It is the statutory authority for FEMA.
After a clearly inadequate response to hurricane Katrina, the Post‐Katrina Emergency Management Reform Act51 (PKEMRA) made significant changes to FEMA and DHS and helped to clarify the State and Federal Government's roles, including FEMA's (DHS's) roles, for responding to large‐scale events.
The national strategies, HSPDs, PPDs, and statutes such as the Patriot Act, the Homeland Security Act, the Stafford Act, PKEMRA, and others, executive orders, plus portions of related statutes, comprise HSEM law and policy. They are the HSEM framework and are what this book is about. The Department of Homeland Security itself and all HSEM actions it takes exist only in compliance with these foundational documents.
HSEM law has enabled the development and evolution of a rich and robust, legal, administrative, and agency framework, and helped foster the proper environment for HSEM to be successful. Law is the foundation of HSEM. Nothing happens unless it is authorized by law. It is not one law, just as it is not one agency that defines HSEM. It is an “all‐of‐government” responsibility. All of us.
HSEM has matured since 9/11. The military, diplomats, intelligence agencies, and law enforcement are absolutely necessary for homeland security, but not all that is necessary.
There are dozens of federal homeland security laws in diverse areas such as agriculture and food production, energy production and transmission, critical infrastructure protection, transportation (including pipelines), and pandemics. These laws are 100% designed to help us and to save lives.
It is impossible to understand the complexity, scope, and depth of the Patriot Act without reading the statute, thus significant portions are reproduced here. The Patriot Act was extremely controversial and invoked public protests claiming it violated rights to privacy. One of its most controversial provisions involved increasing the availability of surveillance without the need for a judicially approved warrant. Supporters of the Patriot Act claim it was sharply focused to achieve its goal and decisively correct some of the country's security weaknesses.52
Regardless of whether one approved of the Patriot Act or not, it was an intellectual accomplishment representing a tremendous effort in a very short time. It involved understanding many complex and interrelated statutes covering many areas of existing law, and it created new law.
Although the Homeland Security Act was not written in the same short time as the Patriot Act and not under the immediate shock of 9/11, it too was a remarkable document. Even though many disagree with some of its provisions, organizational structure, or the inclusion of FEMA as an agency within DHS, in creating DHS the Act accomplished the largest reorganization of government in more than 50 years. See chapters about DHS and FEMA.
The Homeland Security Act created DHS, brought FEMA under DHS control, and “transferred more than two‐dozen federal entities— some in their entirety, some only in part— and 180,000 employees to the new department.”53
From its inception, homeland security included an important focus on science and technology. HSEM relies on technology for many purposes, including situational awareness, early detection and monitoring of weapons of mass destruction, and communication. By statute, DHS promotes the expedited development, acquisition, and introduction of new technology.
The Homeland Security Act mandated:
… that [DHS] agencies' databases be compatible with one another and with other federal agencies.
It “established within the Department of Justice an Office of Science and Technology … to serve as the national focal point for work on law enforcement technology; and … to carry out programs that, through the provision of equipment, training, and technical assistance, improve the safety and effectiveness of law enforcement technology and improve access to such technology by Federal, State, and local law enforcement agencies.”54
The homeland security framework was designed and implemented at an extraordinarily rapid pace. For example, in addition to the Patriot Act coming only six weeks after 9/11, a particular HSPD would have deadlines for each subsequent step, such as the design or implementation of the related national strategy. For example, for the National Incident Management System (NIMS), first mentioned in HSPD 5, dated February 28, 2003, the Secretary of DHS was directed to have guidelines, standards, and protocols to implement NIMS by June 1, 2003. Each Federal Department was to have a plan to adopt and fully implement NIMS by August 1, 2003.
There is no single definition of terrorism55; however, they are all some variation of “harm, or the threat of harm, for a political/religious purpose.”
terrorism— The unlawful use of violence or threat of violence, often motivated by religious, political, or other ideological beliefs, to instill fear and coerce governments or societies in pursuit of goals that are usually political.
(JP 3‐07.2)56
(d) Definitions
As used in this section—
the term “international terrorism” means terrorism involving citizens or the territory of more than 1 country;
the term “terrorism” means premeditated, politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents;
Sec. 2(15) The term “terrorism” means any activity that—
involves an act that—
is dangerous to human life or potentially destructive of critical infrastructure or key resources; and
is a violation of the criminal laws of the United States or of any State or other subdivision of the United States; and
appears to be intended—
to intimidate or coerce a civilian population;
to influence the policy of a government by intimidation or coercion; or
to affect the conduct of a government by mass destruction, assassination, or kidnapping.
(5) the term “domestic terrorism” means activities that—
involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State;
appear to be intended—
to intimidate or coerce a civilian population;
to influence the policy of a government by intimidation or coercion; or
to affect the conduct of a government by mass destruction, assassination, or kidnapping; and
occur primarily within the territorial jurisdiction of the United States.
(a) Prohibited Acts.—
Offenses.— Whoever, involving conduct transcending national boundaries and in a circumstance described in subsection (b)—
kills, kidnaps, maims, commits an assault resulting in serious bodily injury, or assaults with a dangerous weapon any person within the United States; or
creates a substantial risk of serious bodily injury to any other person by destroying or damaging any structure, conveyance, or other real or personal property within the United States or by attempting or conspiring to destroy or damage any structure, conveyance, or other real or personal property within the United States;
in violation of the laws of any State, or the United States, shall be punished as prescribed in subsection (c).
The UN does not have an agreed upon definition of terrorism. On December 9, 1994, however, Resolution 49/60,61 “Measures to eliminate international terrorism” was adopted by the General Assembly. It contained the following:
(3) Criminal acts intended or calculated to provoke a state of terror in the general public, a group of persons or particular persons for political purposes are in any circumstance unjustifiable, whatever the considerations of a political, philosophical, ideological, racial, ethnic, religious or any other nature that may be invoked to justify them.
On October 8, 2004, Security Council Resolution 156662 was adopted containing the following:
“3…criminal acts, including against civilians, committed with the intent to cause death or serious bodily injury, or taking of hostages, with the purpose to provoke a state of terror in the general public or in a group of persons or particular persons, intimidate a population or compel a government or an international organization to do or to abstain from doing any act,…are under no circumstances justifiable by considerations of a political, philosophical, ideological, racial, ethnic, religious or other similar nature…
In some cases, it is difficult to distinguish a “hate crime” from “terrorism.” A hate crime is based on what is in the perpetrator's head, his thoughts, rather than only his actions.
A hate crime is a traditional offense like murder, arson, or vandalism with an added element of bias. For the purposes of collecting statistics, the FBI has defined a hate crime as a criminal offense against a person or property motivated by an offender's prejudice based “gender and gender identity, religion, disability, sexual orientations, or ethnicity.”63
In General.—
Offenses involving actual or perceived race, color, religion, or national origin.—
Whoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person—
shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and
shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if—
death results from the offense; or
the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.
Offenses involving actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability
.—
In General.—
Whoever, whether or not acting under color of law, in any circumstance described in subparagraph (B) or paragraph (3), willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability of any person—
(i)
shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and
(ii)
shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if—
(I)
death results from the offense; or
(II)
the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.
I hope to familiarize the reader with the extensive and complex legal codes plus other sources that come under the heading of HSEM. Second, I want to show how these laws can help people and save lives.