Foundations of Homeland Security & Emergency Management Law & Policy Pre 9-1-1 Start with brainstorming: there is a fire in your home. In which ways are local, state, and federal government agencies, policies, and laws involved in the effective management of this emergency? NPHS 1510

The Posse Comitatus Act 18 U.S.C. § 1385 Passed 1878, last amended (2002) Limits the ability of government to use the military in an active law enforcement role within the US Applies explicitly to the Army, Navy, and Marine Corps

The Posse Comitatus Act Exemptions National Guard units operating under the authority of a state governor Troops deployed under The Insurrection Act (10 U.S.C. §§ 331-335)(2002) “Authorizes the President to direct the armed forces to enforce the law to suppress insurrections and domestic violence. military forces may be used to restore order, prevent looting, and engage in other law enforcement activities.” 10 U.S.C. §§ 371-381 authorizes the Department of Defense to use military assets in support of counter-narcotics, immigration, and tariff enforcement also civil disturbance statutes: 10 USC, 331-334 - NOTE: President’s duty to preserve federal functions Mostly cases where local or state agencies cannot provide for themselves. Military used as a support agency this is the central element of the exemptions to the PC doctrine NOTE Connection to Civil War

The Posse Comitatus Act Active Support Search, seizure, and arrest of subjects must be carried out by civilian law enforcement (or Reserves) Passive Support Providing supplies, equipment, training, facilities, and certain types of intelligence information Involvement in planning & execution of civilian HS/EM operations

Case: Hurricane Katrina

Disaster Related Policy (A Brief History) 1803 - Congress Passes first disaster relief act to provide assistance to New Hampshire Town 1930 - Reconstruction Finance Corporation & Bureau Public Roads Building critical infrastructure Eisenhower Interstate System Disaster Loans Flood Control Act of 1934 Grants Army Corps of Engineers authority for flood control projects

WWII & Civil Defense Creation of Federal Civil Defense Administration Civilian Air Raid Wardens given authority to enforce blackouts Funds public warning infrastructure Most emergency management functions contained at the state and local levels DoD Office of Defense Mobilization authorized to perform broad “emergency preparedness” functions 1958 - Merger of CDA and ODM into Office of Civil Defense and Mobilization Natural disasters handled on a case-by-case basis

An Increased Focus on Recovery National Flood Insurance Act of 1968 National Flood Insurance Program Community based mitigation Changed building codes and zoning laws to prevent construction in hazardous areas National Profile of EM shifts to “All Hazards” approaches Federal role increasingly moves towards coordination and oversight rather than direct involvement Multi-Agency approach involves: Dept. of Commerce, GSA, Treasury, NRC, DoD, and HUD feds make low cost insurance available

An Increased Focus on Recovery Congress passes Disaster Relief act of 1974 Grants HUD more authority Creates Federal Disaster Assistance Administration States encourage federal government to establish one coordinating agency

Stafford Act (1974) Robert T. Stafford Disaster Relief and Emergency Assistance Act 93 Pub. L. No. 288, 88 Stat. 143 (1974) Codified and amended in 42 U.S.C. §§ 5121-5206 (2002) “Establishes the programs and processes for the Federal Government to provide disaster and emergency assistance to States, local governments, and tribal nations, individuals, and qualified private nonprofit organizations.” “Covers all hazards including natural disasters and terrorist events.” “Includes processes for Governors to request Federal disaster and emergency assistance from the President.” Authorizes President to make disaster declarations (“Stafford Act Declarations”) and appoint a Federal Coordinating Officers for specific disaster events still main source of authority

The Origins of FEMA 1978 - President Carter signs Congress Reorganization Plan Number 3 stating his intent to create FEMA 1979 - President Carter signs Executive order 12127, establishing FEMA 1979 - Executive Order 12148 reorganizes functions of agencies to consolidate resources within FEMA Components: Defense Civil Preparedness Agency (DoD) Federal Disaster Assistance Administration (HUD) Federal Preparedness Agency (GSA) Nuclear Regulatory Commission (DoE) EO vs. Law? TMI incident

FEMA in the 1980’s FEMA becomes involved in Love Canal incident FEMA moves from “All Hazards” approach to Civil Defense with change in Cold War postures Responsible for Continuity of Government Increased funding for WMD mitigation Builds fallout shelters

FEMA Regional Structure

The Clinton Years 1995: Presidential Decision Directive (PDD) 39 defines roles: FBI handles crisis management FEMA handles consequence management 1998: PDD 62 changes approach to counterterrorism 1998: PDD 63 makes critical infrastructure and key resource protection a priority 1998: PDD 67 changes policies relating to continuity of government operations James Witt appointed as FEMA Director Move to All Hazards scope