The Homeland Security Act Criminology Essay

Homeland Security Act enacted in November in November 25, 2002 was an act promulgated by US Congress as a response enterprise to the 9/11 bombardment. Basically, this Act defined the primary missions and duties of all bureaus concerned in anti terrorist act activities and fatherland protection. This Act was an outgrowth to the Maritime Transportation Security Act ( MTSA ) 2002. Though both statute laws were designed to restrict terrorist act activities, each of the two Acts have differing purposes. The first instituted the guiding rules and schemes to guarantee greater security for the United States havens and merchandiser Marine vass docking in US ports. On the other manus, the Homeland Security Act was established for the primary intent of making the Department of Homeland Security that spearheaded the executing of the guiding rules and the security steps provided for in the MTSA.

The Homeland Security Act 2002 was divided into 17 rubrics foremost of which is the constitution of the Department of Homeland Security. From these rubrics, three most of import commissariats were summarized into: 1. ) Creation of first work force 2. ) Enhanced research, and 3. ) Protection of civil autonomies. .

In short, the Homeland Security Act 2002 laid the foundation for the undermentioned steps to counter terrorist act:

Border Protection of US districts

Community engagement in security and protection concerns

Guaranting transparence in authorities

Making a Flexible and Motivated Work Force

Promoting World Class Research and Development

Border protection was chiefly given to the US Coast Guard. These sea United States Marshals Services played critical function in marine safety, environment and vas certification. Its two-pronged mission included nautical jurisprudence enforcement and federal jurisprudence enforcement. Originally, US Coast Guard operated under the US Armey but by virtuousness of the commissariats of HSA 2002, it was transferred to the Department of Homeland Security. Other bing bureaus that were transferred to DHS were in-migration, imposts, and animate being and works wellness review service.

Involving the community through particular affairs with the private sector was indispensable in engineering integrating to advance internal security. To accomplish this, the Federal Emergency Management Agency ( FEMA ) was transferred to DHS. This bureau was tasked to take in organizing inter bureau activities within DHS. The Secret Service was besides moved from US Dept. of Treasury to DHS. This bureau used to conducted fact-finding missions to safeguard the US fiscal system. Its premier countries of concern included disproof of paperss, false designations, unauthorised electronic fund transportations and money laundering. After the 9/11 incident, another undertaking was given to the bureau which was the protection of the President of the United States, his household and other foreign very important persons and visitants who were officially invited by US authorities.


Openness in authorities was fundamentally a policy that ensured transparence in authorities operations while non needfully bewraying certain rights to privateness of components. Open authorities is a right that beholds US authorities to its people the right to entree authorities paperss and proceedings to heighten private engagement in the authorities bureaucratism.

HSA 2002 provided for the flexibleness to form work force charged with the execution of anti terrorist act programs and schemes. This is the largest constituent of the Homeland Security Act. Around 20 bing plans of eight ( 8 ) US Departments were ceded to DHA. The integrating of these bureaus holding huge Numberss of employees was a enormous undertaking of the DHS notwithstanding forces direction and bureaucratic issues that may emerge due to sudden and disconnected alteration of inter-agency concatenation of bid.

The Act provided for exploratory and fact-finding surveies that delved into assortment of countries on the types and nature of stuffs and substances i.e. bio-and agro- substances that the terrorist may utilize to bring down heavy harm and casualties.

… a major focal point and a major mission for this section is maintaining unsafe people from come ining the United States and that means maintaining them from come ining through our airdromes but besides through our land and havens of entry. If we can maintain unsafe people out of the state we have well reduced our hazard because it ‘s a batch harder to assail us or perpetrate a offense in the U.S. if you ca n’t acquire in, in order to make it Chertoff ( 2006 )

This mission statement made by no less than the Secretary of DHS clearly stipulated a elephantine undertaking of working to prosecute terrorist both at place and abroad. Multiple authorities bureaus were melded to work on this mission. Ironically, prior to the being of HSA 2002, these bureaus identified in the HSA have been runing on different missions wholly different from anti-terrorism. When DHS was created, the expected obstructions to the integrating of bureaus and plans were legion. First, intra-organizational troubles were anticipated with the undertaking of incorporating military, jurisprudence enforcement, agribusiness, biomedicine, exigency direction, insurance, fire service, and other work forces Waugh ( 2003 ) . Conceding these bureaus under DHA is merely tip of the iceberg. Welding together these disparate bureaus under one bureau i.e. DHS by and large required realignment of constabularies on regulations of battles.

The inquiry on overlapping of jurisprudence enforcement processs was found in GAO study ( 2004 ) . The Border Patrol was responsible for protecting the state ‘s boundary lines. However, a important part of the border districts are federal or tribal lands managed by the Bureau of Indian Affairs, Bureau of Land Management, Fish and Wildlife Service, National Park Service, and Forest Service. These agencies were non ceded to DHS and this was where the issues demands to be ironed out by inter- bureaus concerned with anti terrorist act.

Apparently, the DHA 2002 gave considerations merely on anti-terrorism and eventuality programs which were viewed as federal in nature. Assorted catastrophe and recovery programs were formulated chiefly on terrorist act topics. None of such programs gave considerations for catastrophes due to coerce majeure or natural catastrophes. This was found when Hurricane Katrina struck Louisiana/Mississippi boundary line last August 2005. GAO study ( 2006 ) manifested that Hurricane Katrina was one of the largest natural catastrophes in US history and despite monolithic alleviation operations ; it was criticized as failure in federal leading and direction. The Homeland Security Act could hold included catastrophe alleviation and operations due to natural catastrophes in position of the fact that such bureau was good funded and financess continued to be made available by US Congress.

… at all degrees of authorities – a cardinal deficiency of understanding for the rules and protocols set Forth in the NRP and NIMS. Further, although private sector and Department of Defense ( DoD ) battle was for the most portion successful, there are integrating issues that require more treatment and analysis Skinner, ( 2005 )

Some bureaus integrated into DHS were mandated to execute non-terrorism related maps until they were merged with the section. Originally. the mission of the US Coast Guard were chiefly on air-sea deliverance and for other environmental safety cyberspace concerns. until the bureau was realigned to US United States Marshals Services that provided sea-land boundary line protection.

Decision procedure is another facet of contention. Anti-terrorism attack included both military and civilian operations. Military attack necessitates extremely sensitive and covert operations while civilian operations demand more crystalline bureaucratism. GAO study ( 2003 ) emphasized that coordination of DHS plans with the regular plans in the estimated 100 bureaus in 12 sections outside of DHS with Homeland Security duties has non been easy.

Our aim is straightforward: The boundary line should be unfastened to merchandise and lawful in-migration – and close to illegal immigrants, every bit good as felons, drug traders, and terrorists ( Bush, 2006 ) .

In his reference to the state, Pres. George W. Bush announced the creative activity of Customs and Border Protection Office ( CBP ) as portion of the implementing arm of the Department of Homeland Security. This enterprise was made in response to the impression that terrorists would try to bomb US by smuggling arms of mass devastation utilizing any of the 7 million oceangoing lading containers coming into US ports. CBP was created to turn to the menaces posed by the continued usage of US sea lanes and waterways of international container lading ships.

The first enterprise made by CPB was the assignment of inspectors at any US port of entry. These inspectors performed physical reviews of ladings, reappraisal paperss, pronunciamentos, and intelligence studies. In position nevertheless, of the battalion of containers docking into different container ports all over US fatherland districts, CBP devised another auxiliary system of analyzing exposure of container ships. It is called the automated targeting system scheme ( ATS ) , a computing machine theoretical account used to further reexamine certification on all geting containers. If the appraisal warranted physical review of ladings, CBP made usage of Vehicle and Cargo Inspection System that takes gamma-ray image of the container that enable ocular analysis of anomalousnesss. Another scheme used was the arrangement of CBP staff at designated foreign port to work with foreign opposite numbers to look into high hazard ladings before its cargo to the United States. This enterprise was made possible under a concerted plan among CBP members and international private trade companies. Private companies agreed to this enterprise to decrease the likeliness of its vass being inspected before come ining US districts.

Another of import facet of CBP was its regulative function of proclaiming ordinances that improved the effectivity of review processs and timelines of progress information on lading manifest sent by incoming vass for usage in the aiming system.

… piece CBP has taken stairss to turn to the terrorist act hazards posed by oceangoing lading containers, its aiming scheme neither incorporates all cardinal elements of a hazard direction model, nor is it consistent with certain recognized patterns associated with patterning GAO ( 2003 ) .

An appraisal on this scheme was made to place strategic developments and recommendations. GAO ( 2003 ) found that CBP has taken positive stairss to restrict terrorist act. Its enterprises succeeded in restricting terrorist onslaughts on US shores. Up to this minute, there has non been any incident reverse to this study. Taking affairs aside nevertheless, certain spreads were found in the CBP enterprises. Foremost was the insufficiency of Risk Management attack on two really of import facets, i.e. finding degrees of hazard for each container and the type of responses needed to extenuate such hazard?

Stana ( 2004 ) reported that ATS was non significantly effectual for the chief ground that CBP did non hold a unvarying national system for describing and analysing review statistics by hazard class that could be used for plan direction and inadvertence. Data footing for review could non be obtained instantly, extremely erroneous and were non verified harmonizing to hazard class. Reports on file in every port differ well with those kept in other ports. Datas were inconsistent and statistics did non reflect accurately inspection studies.

The usage of lading manifest as the chief beginning of informations for ATS is non the most dependable piece of information to find the degree of hazard posed by the topic lading ship. ATS required each incoming lading ship to direct its manifest in progress for treating. Such manifest can be manipulated to suit the degree of appraisal that preclude physical review

While CBP employed and trained “ targeters ” to carry on determinations on the degree of exposure of lading containers that warrant review, these “ targeters ” did non undergo assessment trial to look into on their competency. “ Targeters ” who got low trial consequences may be retrained until they passed certain degree of proficiency. This would make good to observe that merely extremely qualified forces will make up one’s mind on extremely sensitive determination on whether to inspect a lading container or to waive it.

The incorporate attack to human resource and engineering enlargement is another spread in hazard direction of CBP at container terminuss. It was found that CBP did non take any parallel stairss to construct infra installations at port site to house the scanning equipments and its operators. Hazard extenuations should be in topographic point in respects to physical factors that may decrease the effectivity of these high-tech equipments. Another important spread on the usage of scanning equipment created safety jeopardies sing that these scanners emitted gamma beams which may impact the wellness of mariners.

Privately-sponsored simulations on the effectivity of ATS proved that it is non the perfect tool to observe exposure of ladings ships with respects to sensing of bomb stuffs hidden in its clasp. GAO study ( 2003 ) found that inspectors failed to observe the low uranium stuffs intentionally hidden in a lading ship. Although the capable ship was targeted, it was ne’er physically inspected.

The preparation of CBP anti-terrorism schemes were based on sentiments of in-house experts or studies generated thru authorities sponsored probes. External experts and other collegial organic structures ‘ were non consulted in designation and deliberation of issues and concerns.

CBP has taken stairss to look into ladings at its port of beginning at most likely, at its bound port of call in the United States. However, it did non take into history the possibility of fiddling or development of ladings while en path to its concluding finish.

CBP has taken stairss to qualify the hazard of lading vass as low, medium or high-risk. This hazard word picture nevertheless, was applicable merely to seafaring vass and non to other signifiers of lading bearers like trucks and railroad trains.

The hereafter of Homeland Security

As expected, the meeting of different bureaus and plans under the Department of Homeland Security created legion obstructions. Foremost were the administrative and operational bureau issues originating from the integrating of non-terrorism oriented plans to anti-terrorism schemes. Though HSA 2002 called for the engagement of federal and local bureaucratism, it remains to be seen whether these more cardinal issues on intra-agency cooperation, coaction, and teamwork efficaciously build solidarity in battling terrorist act.

The intra-reorganization and loss of security of term of office among employees of DHS could trip monolithic retirement among extremely skilled and experient long-time employees. Some may choose to reassign to other private entities as advisers. This state of affairs can run out the pool of human resources in the bureau. On the other side nevertheless, DHS recruited extremely eligible staff from private and federal bureaus. It might be noted that their accomplishments and capacity are yet to be tested and proven.

At the beginning, DHS need to decide the undermentioned issues and concerns:

Refocus its schemes to include “ all jeopardies ” attack

Develop mitigating steps for catastrophes caused by natural catastrophes

Strengthen inter and intra-agency coaction and sharing of information engineering

Enhance federal and local cooperation in exigency planning and deliverance

Empower private sector in catastrophe deliverance and alleviation operations

… the common wisdom used to be that “ terrorists want a batch of people watching and non a batch of people dead ” because killing many would estrange support. Now, obviously, some do non seek wide support. Small groups motivated by spiritual excitements may be the most unsafe Waugh ( 2003 ) .

The challenge pertained to little groups of terrorist assailing guiltless people to derive universe attending to their cause which is to convey America to its articulatio genuss. The little set of terrorist topic of this challenge possibly bantam, but their Acts of the Apostless of terrorist act has already been substantiated. In so making, DHS must set to the switching modes of menaces in order to respond in good coordinated and most appropriate response to the menace.