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By Turner D. Madden, Esquire

Secretary Michael Chertoff announced a six-point agenda for the Department of Homeland Security designed to ensure that the Department’s policies, operations, and structures are aligned in the best way to address the potential threats – both present and future – that face our nation.
The announcement reflects conclusions drawn as a result of the Second Stage Review, a careful study of the Department’s programs, policies, operations and structure. The Review examined nearly every element of the Department of Homeland Security in order to recommend ways that DHS could better manage risk in terms of threat, vulnerability and consequence; prioritize policies and operational missions according to this risk-based approach; and establish a series of preventive and protective steps that would increase security at multiple levels.

The Secretary’s six-point agenda will guide DHS in the near term and result in changes that will:
• Increase overall preparedness, particularly for catastrophic events;
• Create better transportation security systems to move people and cargo more securely and efficiently;
• Strengthen border security and interior enforcement and reform immigration processes;
• Enhance information sharing with our partners; • Improve DHS financial management, human resource development, procurement and information technology; and
• Realign the DHS organization to maximize mission performance. Secretary Chertoff announced that details of new policy initiatives in these six areas will be announced in the coming weeks and months, including:
• A new approach to securing our borders through additional personnel, new technologies, infrastructure investments, and interior enforcement - coupled with efforts to reduce the demand for illegal border migration by channeling migrants seeking work into regulated legal channels;
• Restructuring the current immigration process to enhance security and improve customer service;
• Reaching out to state homeland security officials to improve information exchange protocols, refine the Homeland Security Advisory System, support state and regional data fusion centers, and address other topics of mutual concern; and
• Investing in the Department’s most important asset – its people – with topnotch professional career training and development efforts.

Organizational Initiatives: Structural Adjustments to DHS
The Secretary also announced details of his proposal for realigning the Department of Homeland Security to increase its ability to prepare, prevent, and respond to terrorist attacks and other emergencies. These changes will better integrate the Department, giving DHS employees better tools to help them accomplish their mission. These management tools will:

• Centralize and Improve Policy Development and Coordination. A new Directorate of Policy, ultimately led by an Under Secretary upon enactment of legislation, will serve as the primary Department-wide coordinator for policies, regulations, and other initiatives. This Directorate will ensure the consistency of policy and regulatory development across various parts of the Department as well as perform long-range strategic policy planning. It will assume the policy coordination functions previously performed by the Border and Transportation Security (BTS) Directorate. It will also create a single point of contact for internal and external stakeholders by consolidating or co-locating similar activities from across the department. This new Directorate will include:
• Office of International Affairs;
• Office of Private Sector Liaison;
• Homeland Security Advisory Council;
• Office of Immigration Statistics; and
• Senior Asylum Officer
• Strengthen Intelligence Functions and Information Sharing. A new Office of Intelligence and Analysis will ensure that information is gathered from all relevant field operations and other parts of the intelligence community; analyzed with a mission-oriented focus; informative to senior decision makers; and disseminated to the appropriate federal, state, local, and private sector partners. Led by a Chief Intelligence Officer who reports directly to the Secretary, this office will be comprised of analysts within the former Information Analysis directorate and draw on expertise of other DHS components with intelligence collection and analysis operations.

• Improve Coordination and Efficiency of Operations. A new Director of Operations Coordination will enable DHS to more effectively conduct joint operations across all organizational elements; coordinate incident management activities; and utilize all resources within the Department to translate intelligence and policy into immediate action. The Homeland Security Operations Center, which serves as the nation’s nerve center for information sharing and domestic incident management on a 24/7/365 basis, will be a critical part of this new office.

• Enhance Coordination and Deployment of Preparedness Assets. The Information Analysis and Infrastructure Protection Directorate will be renamed the Directorate for Preparedness and consolidate preparedness assets from across the Department. The Directorate for Preparedness will facilitate grants and oversee nationwide preparedness efforts supporting first responder training, citizen awareness, public health, infrastructure and cyber security and ensure proper steps are taken to protect high-risk targets. The directorate will be managed by an Under Secretary and include:
• A new Assistant Secretary for Cyber Security and Telecommunications, responsible for identifying and assessing the vulnerability of critical telecommunications infrastructure and assets; providing timely, actionable and valuable threat information; and leading the national response to cyber and telecommunications attacks;
• A new Chief Medical Officer, responsible for carrying out the Department’s responsibilities to coordinate the response to biological attacks – and to serve as a principal liaison between DHS and the Department of Health and Human Services, the Centers for Disease Control, the National Institutes of Health, and other key parts of the biomedical and public health communities;
• Assistant Secretary for Infrastructure Protection;
• Assets of the Office of State and Local Government Coordination and Preparedness responsible for grants, training and exercises;
• U.S. Fire Administration; and
• Office of National Capitol Region Coordination. The Homeland Security Act of 2002 (HSA) provides certain flexibility for the Secretary of Homeland Security to establish, consolidate, alter or discontinue organizational units within the Department. The mechanism for implementing these changes is a notification to Congress, required under section 872 of the HSA, allowing for the changes to take effect after 60 days.

Mr. Turner Madden serves as the outside General Counsel for IAAM. If you have any questions or comments, you may contact Mr. Madden at Madden & Patton, LLC, 1700 Pennsylvania Ave., NW, Suite 400, Washington, D.C. 20006; telephone 202/349-2050 or e-mail maddesq@bellatlantic.net.

 
 

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