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

2. 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

4. 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)

5. 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.

6. 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

7. Executive Orders After 9/11
Executive Order (EO) – Sept. 23, 2001
Defined “terrorism”
Blocked Property and Prohibited Transactions
EO – Oct. 8, 2001
Established Office of Homeland Security
Homeland Security Council
Coordinated federal activities
EO – Oct. 16, 2001
Critical Infrastructure Protection in the Information Age
Supersedes PDD 63

8. 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

9. 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)

10. 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)

11. 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

12. 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

13. Post-Katrina Reforms H.R.5441 Appropriations Act (2007)
Amends Title V of the homeland Security Act of 2002
H.R 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