Foundations of Homeland Security & Emergency Management Law & Policy Post 9-1-1 NPHS 1510

Post-9/11Changes Reorientation of focus from all hazards to counterterrorism Places local law enforcement in control of disasters USA PATRIOT Act (2001): United and Strengthening America By Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Redefines “terrorism” Redefines “terrorist organization” Creates numerous civil liberties concerns Wiretapping, FISA National Security Letters

Post-9/11Changes Aviation and Transportation Security Act (2002) Federalizes transportation security screening activities Establishes Transportation Security Administration (TSA) Homeland Security Act of 2002 Creates Department of Homeland Security as an Executive Department Consolidates 180,000 Federal employees from 22 agencies Gives DHS mission to stop terrorism, protect borders, and perform disaster response Mandates creation of National Incident Management System (NIMS) and National Response Framework (NRF) Executive department - ability to make policies with the strength of law (ie NIMS and NRF)

DHS Mission Areas (A) prevent terrorist attacks within the United States; (B) reduce the vulnerability of the United States to terrorism; (C) minimize the damage, and assist in the recovery, from terrorist attacks that do occur within the United States; (D) carry out all functions of entities transferred to the Department, including by acting as a focal point regarding natural and manmade crises and emergency planning; (E) ensure that the functions of the agencies and subdivisions within the Department that are not related directly to securing the homeland are not diminished or neglected except by a specific explicit Act of Congress; (F) ensure that the overall economic security of the United States is not diminished by efforts, activities, and programs aimed at securing the homeland; (G) monitor connections between illegal drug trafficking and terrorism, coordinate efforts to sever such connections, and otherwise contribute to efforts to interdict illegal drug trafficking.

Homeland Security Act of 2002 § 507 Assigns FEMA the following roles: 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 Administer Stafford Act programs

Executive Orders After 9/11 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

Homeland Security Presidential Directives (HSPD) 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

Homeland Security Presidential Directives (HSPD) HSPD 3: Homeland Security Advisory System (2002) HSPD 4: National Strategy to Combat Weapons of Mass Destruction (2002) HSPD 5: Management of Domestic Incidents (2003) HSPD 6: Integration and Use of Screening Information (2003) HSPD 7: Critical Infrastructure Identification, Prioritization, and Protection (2003) HSPD 8: National Preparedness (2003)

Homeland Security Presidential Directives (HSPD) HSPD 9: Defense of United States Agriculture and Food (2004) HSPD 10: Biodefense for the 21st Century (2004) HSPD 11: Comprehensive Terrorist-Related Screening Procedures (2004) HSPD 12: Policy for a Common Identification Standard for Federal Employees and Contractors (2004)

HSPD 5 Requires agencies to take specific steps top prepare and plan for emergencies Orders a single, comprehensive approach to emergency management (NIMS & NRP) Repeals PDD 39 Authorizes DHS to create and enforce emergency responder standards Non-compliance results in loss of state/local/tribal funding

HSPD 8 Establishes National All Hazards Preparedness Goal Defines “first responder” to include emergency managers Creates access structure for federal preparedness grants Sets training, equipment, certification, and exercise standards Requires annual report on national preparedness

Post-Katrina Reforms H.R.5441 Appropriations Act (2007) Amends Title V of the homeland Security Act of 2002 H.R. 5441 Title VI creates “Post-Katrina Emergency Management Reform Act of 2006) 503b1 changes primary FEMA mission 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, supporting the Nation as a risk-based, comprehensive emergency management system of preparedness, protection, response, recovery, and mitigations Note reorganization so that natural disasters comes first