1. 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

2. 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

3. 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. §§ )(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. §§ authorizes the Department of Defense to use military assets in support of counter-narcotics, immigration, and tariff enforcement
also civil disturbance statutes: 10 USC, 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

4. 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

5. Case: Hurricane Katrina

6. Disaster Related Policy
(A Brief History)
Congress Passes first disaster relief act to provide assistance to New Hampshire Town
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

7. 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
Merger of CDA and ODM into Office of Civil Defense and Mobilization
Natural disasters handled on a case-by-case basis

9. 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

10. 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

11. 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. §§ (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

12. The Origins of FEMA
President Carter signs Congress Reorganization Plan Number 3 stating his intent to create FEMA
President Carter signs Executive order 12127, establishing FEMA
Executive Order 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

13. 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

14. FEMA Regional Structure

15. 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