Azhar HussainAssistant Professor, Aviation Management

College of TechnologyDepartment of Aviation Technology

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Why does the history of emergency management law matter?

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Ancient roots◦Cave paintings◦Biblical disasters

In U.S., first effort: fire hazards – still most common kind of disasters ◦Volunteer fire brigades ◦Now more full-time, professional firefighters

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Definition: “Emergency management” is the discipline dealing with risk and risk avoidance.

Risk involves◦Many issues◦Many players

Integral to all lives Need to use every day

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Essential role of government Perhaps most essential? “Public health and safety” = public risks States responsible Federal role secondary History of constant increase in federal role

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1803 Congressional Act – assistance for NH town after huge fire

1930s Reconstruction Finance Corporation, Bureau of Public roads ◦Disaster loans◦Public facilities only

Flood Control Act of 1934 ◦Army Corps of Engineers authority for flood control

projects ◦Man controls nature

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World War II◦Air raid wardens◦ Enforce blackouts

Cold War – 1950s◦Retired military◦ Few natural disasters◦Hurricanes – dealt with one by one

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Federal Civil Defense Administration assists states and locals

Office of Defense Mobilization located in DoD◦ Included “Emergency Preparedness” function

Merger in 1958 into Office of Civil and Defense Mobilization

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More natural disasters Earthquakes, hurricanes 1961 – Office of Emergency Preparedness in White

House Civil Defense still in Pentagon 1964 Alaska earthquake 9.2 1965 Hurricane Betsy huge damage No flood insurance for homeowners

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National Flood Insurance Act of 1968 National Flood Insurance Program Introduced Community Based Mitigation◦Community agrees to forbid building in floodplains◦ Feds make low-cost flood insurance available

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Flood Insurance Act of 1972◦Required flood insurance for loans backed by federal

mortgages Need for national focus on EM Many agencies responsible◦Dept. of Commerce◦General Services Administration◦ Treasury Dept.◦Nuclear Regulatory Commission◦Housing and Urban Development

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Disaster Relief Act of 1974 - HUD most authority ◦NFIP◦ Federal Disaster Assistance Administration◦ Still over 100 federal agencies involved in disasters◦ Similar scattering of authority in states

States push for single agency Governor Carter elected President in 1976

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President Carter in 1978 sent Congress Reorganization Plan Number 3 stating intent to create FEMA

FEMA officially established in 1979 by Executive Order EO mandated moving agencies, programs, and personnel into

FEMA Why by Executive Order not by Congressional enactment? Downsides of Executive Order approach Many programs, operations, policies, people needed integrating

into FEMA 23 Congressional Committees oversight

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Effort to unite natural hazards preparedness and civil defense Led to INTEGRATED EMERGENCY MANAGEMENT

SYSTEM Comprehensive emergency management Addresses all hazards Four phases◦Mitigation◦Preparedness◦Response◦Recovery

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Civil defense again high priority Cold war heated up under President Reagan Challenges◦ FEMA lead for Continuity of Government◦ Love Canal, Times Beach pollution◦Cuban refugee crisis◦Corruption charges

Funding to fallout shelters not natural disasters

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1988: Robert T. Stafford Disaster and Emergency Assistance Act ◦Codified federal agency duties in disasters◦Still main source of guidance

1988: Exxon Valdez Oil Spill ◦Led to Oil Pollution Act of 1990 ◦HAZMAT plan

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Responses criticized◦Hurricane Hugo hit southeast US◦ Loma Prieta earthquake in CA◦ Slow FEMA response contrast with rapid CA state response◦ FEMA thinking nuclear war, CA preparing for earthquake

1992 Hurricanes Andrew and Iniki Result: many calls to abolish FEMA

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Many huge natural disasters◦Midwest floods 1993 - 9 states◦Northridge CA earthquake 1994◦ Tornados, ice storms, hurricanes, floods, wildfires, drought

Major terrorist attacks◦ 1993: first World Trade Center attack◦ 1995: Murrah Building bombing in Oklahoma City

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1995: Presidential Decision Directive (PDD) 39◦FBI – crisis management◦FEMA - consequence management

1998 PDD 62: more systematic approach to fighting terrorism

1998: PDD 63 critical infrastructure protection 1998: PDD 67 Ensuring Constitutional Government

and Continuity of Government Operations (COOP)

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FEMA launches Project Impact: Building Disaster Resistant Communities mitigation program◦ Incorporate risk avoidance into every day community

decisions◦Build grassroots support for EM

Hazard Mitigation Act of 2000◦States to create Hazard Mitigation plans◦Promote sustainable economic development

Project Impact eliminated in 2001

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Old reality – Survivable skyjackings Old reality – Many domestic terrorists First World Trade Center bombing and Murrah

Building attack begin to change perspective After September 11 attacks, immediate legal action◦USA PATRIOT Act◦Homeland Security Act of 2002

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Uniting and Strengthening America By Providing Appropriate Tools Required To Intercept and Obstruct Terrorism Act (USA PATRIOT Act) of 2001 ◦Department of Justice’s “wish list” ◦Redefines terrorism ◦Broader meaning for “terrorist organization” ◦Association triggers immigration bans

Title III: International Money Laundering Abatement and Anti-Terrorism Financing Act of 2001 ◦Goal – cut off terrorist financial support

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Aviation and Transportation Security (ATS) Act of 2002 ◦Federalizes screeners◦Establishes TSA (later moved to DHS)

Homeland Security Act of 2002 (HS Act)◦Creates Department of Homeland Security (DHS) ◦ 180,000 Federal workers from 22 agencies ◦DHS mission to stop terrorism ◦Mandates National Incident Management System (NIMS)

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Public Health Security and Bioterrorism Preparedness and Response Act of 2002 ◦ Improves ability to prevent, prepare for, and respond to

bioterrorism & public health emergencies ◦National preparedness plan by HHS

National Emergencies Act of 2003◦Establishes procedures for Presidential declaration and

termination ◦Declaration is prerequisite to exercising special or

extraordinary powers in Act

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Defense Against Weapons of Mass Destruction Act of 2003◦ Improve ability to prevent and respond to terrorist incidents with

WMD◦DOD to provide expert advice on WMD

Emergencies Involving Chemical or Biological Weapons 2003

Emergencies Involving Nuclear Materials 2002

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Homeland Security Act of 2002 Terrorism focus Natural hazards deemphasized Structural complement to USA PATRIOT Act

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Homeland Security Act of 2002 Law enforcement has leadership role in DHS HS Act of 2002 SEC. 101. EXECUTIVE DEPARTMENT;

MISSION. (b) Mission. (1) The primary mission of the Department is to--

(A) prevent terrorist attacks within the United States;

(B) reduce the vulnerability of the United States to terrorism; and

(C) minimize the damage, and assist in the recovery, from terrorist attacks that do occur within the United States.

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Homeland Security Act of 2002 HS Act § 507 ROLE OF FEDERAL

EMERGENCY MANAGEMENT AGENCY(a) IN GENERAL.—FEMA functions include:

(1) Robert T. Stafford Disaster Relief and Emergency Assistance Act (2) Carrying out its mission to reduce the loss of life and property and protect the Nation from all hazards by leading and supporting the Nation in a comprehensive, risk-based emergency management program—

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Executive Order (EO) 13224 – Sept. 23, 2001 ◦Defined “terrorism” ◦Blocked Property and Prohibited Transactions

EO 13228 – Oct. 8, 2001 ◦Established Office of Homeland Security ◦Homeland Security Council ◦Coordinated federal activities

EO 13231 – Oct. 16, 2001◦ Critical Infrastructure Protection in the Information Age ◦Supersedes PDD 63

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Homeland Security Presidential Directive (HSPD) 1: Establishing the Homeland Security Council (2001)◦Coordinated federal activities

HSPD 2: Combating Terrorism Through Immigration Policies (2001)◦ Foreign Terrorist Tracking Task Force ◦ Locate, detain, prosecute, or deport terrorist aliens already present

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HSPD 3: Homeland Security Advisory System (2002) – color coded warnings

HSPD 4: National Strategy to Combat Weapons of Mass Destruction (2002)◦Counterproliferation to Combat WMD Use, ◦ Strengthened Nonproliferation to Combat WMD Proliferation, and ◦Consequence Management to Respond to Use

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HSPD 5: Management of Domestic Incidents (2003)◦Federal agencies to take specific steps for planning and incident

management ◦Single, comprehensive approach to domestic incident

management ◦Repeals PDD 39◦DHS to create, enforce emergency responder standards◦No compliance means loss of preparedness funding ◦Mandates creation of National Response Plan (NRP) and

National Incident Management System (NIMS)

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HSPD 6: Integration and Use of Screening Information (2003)◦Terrorist Screening Center (TSC) consolidate terrorist watchlists ◦ provide operational support

HSPD 7: Critical Infrastructure Identification, Prioritization, and Protection (2003) ◦ Identify and prioritize United States critical infrastructure and

key resources ◦Provide protection for them from terrorists

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HSPD 8: National Preparedness (2003)◦National domestic all-hazards preparedness goal ◦Defines “first responder” to include emergency managers◦Access to federal preparedness grants and information ◦Rapidly set equipment, training, and exercise standards ◦Annual status report of national preparedness

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HSPD 9: Defense of United States Agriculture and Food (2004)◦ Food safety ◦ Identify and prioritize sector-critical infrastructure and key

resources ◦Develop early warning ◦Mitigate vulnerabilities

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HSPD 10: Biodefense for 21st Century (2004)◦Comprehensive framework ◦Federal agency roles and responsibilities

HSPD 11: Comprehensive Terrorist-Related Screening Procedures (2004)◦Detect, identify, track, and interdict people, cargo, conveyances

HSPD 12: Policy for a Common Identification Standard for Federal Employees and Contractors (2004)◦Government-wide standard for federal identification of

employees and contractors

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National Strategy for Homeland Security (2002)◦Direction to federal government ◦ Established strategic objectives ◦Critical mission areas: intelligence and warning, border and

transportation security, domestic counterterrorism, protecting critical infrastructure, defending against catastrophic terrorism, emergency preparedness and response

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NIMS’ Chapter III – “Preparedness cycle” that includes:◦Planning◦Training◦Equipping◦Exercising◦Evaluating◦Taking action to correct or mitigate

Groups must be multijurisdictional in nature

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National Strategy for the Physical Protection of Critical Infrastructure and Key Assets (2003)◦ Identify and assure protection of assets◦ Specific initiatives - collaborative environment for federal,

state, and local governments and private sector ◦ Private sector must take a key part

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2006 Appropriations Act Secretary Chertoff’s “second stage review” Enacted October 18, 2005 (AFTER Hurricane

Katrina struck) Broke preparedness away from FEMA into new

Preparedness Directorate FEMA’s low point?

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Congressional hearings on emergency management failures during Hurricane Katrina

Suggestions that military should be in charge of disaster response

Bills in Congress to restore FEMA Biggest Issue: Inside DHS or independent?

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Congress sees benefits in emergency management “all hazards” approach

H.R.5441 2007 Appropriations Act resulted Title V of the Homeland Security Act of 2002 (6

U.S.C. 311 et seq.) amended HR 5441 Title VI `Post-Katrina Emergency

Management Reform Act of 2006' Direct result of lessons learned through Hurricane

Katrina

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503 b 1 FEMA PRIMARY MISSION- The primary mission of the Agency is to reduce the loss of life and property and protect the Nation from all hazards, including natural disasters, acts of terrorism, and other man-made disasters, by leading and supporting the Nation in a risk-based, comprehensive emergency management system of preparedness, protection, response, recovery, and mitigation.

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Sec. 502 FEMA Administrator head of US Emergency Management Authority

Must have demonstrated 5 years leadership experience (was emergency management and homeland security)

Presidential Signing Statement challenges qualification requirements

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Administrator is principal advisor to President, Homeland Security Council, and DHS Secretary for all emergency management issues in United States

After informing DHS Secretary, Administrator may make recommendations to Congress

President may designate FEMA Administrator Cabinet status during natural disasters, acts of terrorism, or other man-made disasters

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Supervise grant programs Supervision of National Response Plan – NIMS

Center Supervision of credentialing – with EMAC Supervise plans for◦ continuity of operations◦ continuity of government; and◦ continuity of plans

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