Azhar Hussain
Assistant Professor, Aviation Management
College of Technology
Department of Aviation Technology

1
Why does the history of
emergency management
law matter?

2


Ancient roots

◦ Cave paintings
◦ Biblical disasters



In U.S., first effort: fire hazards – still most
common kind o...
Definition: “Emergency management” is the
discipline dealing with risk and risk avoidance.
 Risk involves


◦ Many issue...
Essential role of government
 Perhaps most essential?
 “Public health and safety” = public risks
 States responsible
 ...
1803 Congressional Act – assistance for NH
town after huge fire
 1930s Reconstruction Finance Corporation,
Bureau of Publ...


World War II

◦ Air raid wardens
◦ Enforce blackouts



Cold War – 1950s

◦ Retired military
◦ Few natural disasters
◦...
Federal Civil Defense Administration assists
states and locals
 Office of Defense Mobilization located in DoD


◦ Includ...
More natural disasters
 Earthquakes, hurricanes
 1961 – Office of Emergency Preparedness in
White House
 Civil Defense ...
National Flood Insurance Act of 1968
 National Flood Insurance Program
 Introduced Community Based Mitigation


◦ Commu...


Flood Insurance Act of 1972

◦ Required flood insurance for loans backed by federal
mortgages

Need for national focus ...


Disaster Relief Act of 1974 - HUD most authority
◦
◦
◦
◦

NFIP
Federal Disaster Assistance Administration
Still over 10...








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

Effort to unite natural hazards preparedness and civil
defense
Led to INTEGRATED EMERGENCY MANAGEMENT
SYSTEM
Co...
Civil defense again high priority
 Cold war heated up under President Reagan
 Challenges


◦
◦
◦
◦


FEMA lead for Con...


1988: Robert T. Stafford Disaster and
Emergency Assistance Act

◦ Codified federal agency duties in disasters
◦ Still m...


Responses criticized

◦ Hurricane Hugo hit southeast US
◦ Loma Prieta earthquake in CA
◦ Slow FEMA response contrast wi...


Many huge natural disasters

◦ Midwest floods 1993 - 9 states
◦ Northridge CA earthquake 1994
◦ Tornados, ice storms, h...


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

1998 PDD 62: ...


FEMA launches Project Impact: Building
Disaster Resistant Communities mitigation
program

◦ Incorporate risk avoidance ...
Old reality – Survivable skyjackings
 Old reality – Many domestic terrorists
 First World Trade Center bombing and Murra...


Uniting and Strengthening America By Providing
Appropriate Tools Required To Intercept and
Obstruct Terrorism Act (USA ...


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

...


Public Health Security and Bioterrorism
Preparedness and Response Act of 2002

◦ Improves ability to prevent, prepare f...


Defense Against Weapons of Mass Destruction Act of
2003
◦ Improve ability to prevent and respond to terrorist incidents...
Homeland Security Act of 2002
 Terrorism focus
 Natural hazards deemphasized
 Structural complement to USA PATRIOT Act
...




Homeland Security Act of 2002
Law enforcement has leadership role in DHS
HS Act of 2002 SEC. 101. EXECUTIVE DEPARTM...
Homeland Security Act of 2002
 HS Act § 507 ROLE OF FEDERAL
EMERGENCY MANAGEMENT AGENCY
(a) IN GENERAL.—FEMA functions in...


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



EO...


Homeland Security Presidential Directive (HSPD) 1:
Establishing the Homeland Security Council (2001)
◦ Coordinated fede...
HSPD 3: Homeland Security Advisory System (2002)
– color coded warnings
 HSPD 4: National Strategy to Combat Weapons of
M...


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

HSPD 6: Integration and Use of Screening
Information (2003)

◦ Terrorist Screening Center (TSC) consolidate terrorist
w...


HSPD 8: National Preparedness (2003)
◦
◦
◦
◦
◦

National domestic all-hazards preparedness goal
Defines “first responde...


HSPD 9: Defense of United States Agriculture and
Food (2004)

◦ Food safety
◦ Identify and prioritize sector-critical i...


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



H...


National Strategy for Homeland Security (2002)

◦ Direction to federal government
◦ Established strategic objectives
◦ ...


NIMS’ Chapter III – “Preparedness cycle” that
includes:
◦
◦
◦
◦
◦
◦



planning
training
equipping
exercising
evaluati...


National Strategy for the Physical Protection of
Critical Infrastructure and Key Assets (2003)

◦ Identify and assure p...
2006 Appropriations Act
 Secretary Chertoff’s “second stage review”
 Enacted October 18, 2005 (AFTER Hurricane
Katrina s...
Congressional hearings on emergency
management failures during Hurricane Katrina
 Suggestions that military should be in ...
Congress sees benefits in emergency
management “all hazards” approach
 H.R.5441 2007 Appropriations Act resulted
 Title ...
503 b 1 FEMA PRIMARY MISSION- The
primary mission of the Agency is to reduce the
loss of life and property and protect the...
Sec. 502 FEMA Administrator head of US
Emergency Management Authority
 Must have demonstrated 5 years leadership
experien...
Administrator is principal advisor to President,
Homeland Security Council, and DHS Secretary
for all emergency management...
Supervise grant programs
 Supervision of National Response Plan – NIMS
Center
 Supervision of credentialing – with EMAC
...
We will explore these and many more relevant
issues in this class.
 Questions or comments?


47
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History of emergency management 1

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History of emergency management 1

  1. 1. Azhar Hussain Assistant Professor, Aviation Management College of Technology Department of Aviation Technology 1
  2. 2. Why does the history of emergency management law matter? 2
  3. 3.  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 3
  4. 4. 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  4
  5. 5. 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  5
  6. 6. 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 6
  7. 7.  World War II ◦ Air raid wardens ◦ Enforce blackouts  Cold War – 1950s ◦ Retired military ◦ Few natural disasters ◦ Hurricanes – dealt with one by one 7
  8. 8. 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 8
  9. 9. 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  9
  10. 10. 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 10
  11. 11.  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 11
  12. 12.  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  12
  13. 13.        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 13
  14. 14.      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 14
  15. 15. 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 15
  16. 16.  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 16
  17. 17.  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  17
  18. 18.  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 18
  19. 19.  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)  19
  20. 20.  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 20
  21. 21. 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 21
  22. 22.  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 22
  23. 23.  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) 23
  24. 24.  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 24
  25. 25.  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  25
  26. 26. Homeland Security Act of 2002  Terrorism focus  Natural hazards deemphasized  Structural complement to USA PATRIOT Act  26
  27. 27.    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. 27
  28. 28. 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—  28
  29. 29.  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 29
  30. 30.  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 30
  31. 31. 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 31
  32. 32.  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) 32
  33. 33.  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 33
  34. 34.  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 34
  35. 35.  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 35
  36. 36.  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 36
  37. 37.  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 37
  38. 38.  NIMS’ Chapter III – “Preparedness cycle” that includes: ◦ ◦ ◦ ◦ ◦ ◦  planning training equipping exercising evaluating taking action to correct or mitigate Groups must be multijurisdictional in nature 38
  39. 39.  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 39
  40. 40. 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?  40
  41. 41. 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?  41
  42. 42. 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  42
  43. 43. 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.  Note that natural disasters now listed first  43
  44. 44. 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  44
  45. 45. 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  45
  46. 46. 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 46
  47. 47. We will explore these and many more relevant issues in this class.  Questions or comments?  47

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