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           December 1
Volume 1 - Number 3 
 
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Disaster Management in the 21st Century
Chapter 3 – Statutory Authority

Emergency management as it is known today in the Unites States originates from the local and state levels with neighbors assisting neighbors in time of need.  The formal involvement and role of the federal government prior to the twentieth century was reactionary rather than proactive.  This fractious mode of operation resulted in varied response by the federal government and a nonstandard use of resources.

The expansion of the country and population shifts from the rural settings to urban centers created new challenges and increased risks.   The wars of the 1900s and the attention given to national security also contributed to the formation of emergency management.  Emergency management at the federal level continues to evolve as risks and threats are reassessed, new legislation is passed, and the impacts of politics and politicians in disasters.  Today, the Federal Emergency Management Agency (FEMA) recognizes its parallel histories from natural disasters and civil defense in the agency’s seal.  The seal incorporates a white triangle symbolic of its origins in civil defense.  A scroll extends at the top of the seal with the motto “pace as bello merita” meaning “service in peace and war” indicating the responsibility of the agency in emergencies whether natural or technological.

The first piece of national legislation relating to emergency management in the Unites States was the Congressional Fire Disaster Act of 1803.  Congress passed this legislation when fire devastated Portsmouth, New Hampshire.  The passage of this legislation made resources from the national government available to the state and local community to assist in recovery efforts.  This act changed the manner in which the country responded to disasters and the federal resources made available.  This act was also the first of over one hundred and twenty-five individual pieces of aid legislation passed by the Congress in response to natural disasters over the next 150 years until the Disaster Relief Act of 1950.

Prior to 1950, mitigation, preparedness, response, and recovery efforts were incorporated by some individual federal agencies and their projects.  However, there was no formal coordination among of each of these components.  The following provides a sample of legislation and projects:  (Blanchard, 1999)

1928 Lower Mississippi Flood Control Act  dam and flood storage projects, channel improvements, floodways
1933 Reconstruction Finance Corporation loans for repair and reconstruction of certain public facilities damaged by disasters
1934 Bureau of Public Roads repair grants of federal-aid highways and bridges damaged by disasters
1936 Flood Control Act of 1936 flood protection measures constructed (dams, levees, dikes, etc.) under the leadership of the Army Corps of Engineers; National Flood Program established

National defense and security issues paralleled the creation of other programs.  Global conflicts further exuberated plans especially those involving the protection of civilians in case of attack:  (Blanchard, 1999)

1916 Council of National Defense council consisted of six cabinet level offices that were to coordinated national resources in case of war; act led to creation of almost 200,000 state and local civil defense councils that directed “home front” activities including “morale, conservation, economic stability, and Americanization”
World War II Civil Defense and Civil Air Patrol programs initiated included air raid watch, warning and alerts; rescue units, shelter management; public information; and training of approximately 10 million volunteers

The year 1950 marked a milestone in the history of emergency management and disaster relief in the United States.  The Federal Disaster Relief Act of 1950 (Public Law 81-875) authorized the federal government to provide assistance to states impacted by a disaster.  The legislation, however, did not provide impacted states with a blank check from the federal government.  The act authorized the President to provide supplementary federal assistance once the Governor had requested assistance and the President had approved the request.  The burden of providing disaster relief still remained at the local and state level with the federal government supplementing their efforts and resources.  To reinforce this key point, “the act required that Federal assistance be supplied when, and only when, State and local governments had themselves committed ‘a reasonable amount of the funds’ needed.”  (FEMA, 3-2)

The mid and late-1960s brought further changes to the field of emergency management with the National Plan for Emergency Preparedness enacted in 1964 and the National Flood Insurance Act of 1968 creating the National Flood Insurance Program.  The first addressed the continuity of the federal government while the latter encouraged communities to implement flood-resistant measures in areas identified as floodplains.  Shortly thereafter, several natural disasters further introduced additional changes.  Hurricane Camille in led to the Disaster Relief Act of 1969 that created the role of the Federal Coordinating Officer that represented the President in the coordination of disaster relief.  In 1972, Hurricane Agnes, the most expensive natural disaster that had occurred led to the strengthening of current legislation including the National Flood Insurance Program.  The new changes required federally insured lenders to require flood insurance on homes and properties in floodplains. (FEMA, 3-3)  Initiated following Agnes, the Disaster Relief Act of 1974 passed after the devastating effects of the “Terrible Tuesday” tornadoes that swept through ten states. (Ibid)  The act made a shift in the granting of assistance not only to state and local governments but also to individuals and families by initiating the Individual and Family Grant Program (IFGP). (FEMA)  The Federal Disaster Assistance Administration was established the same year within the Department of Housing and Urban Development. (Blanchard)

The actions of the Carter administration in response to the criticisms of “the lack of a comprehensive national emergency policy, as well as the dispersion of federal responsibilities among numerous federal agencies, which has hampered states’ ability to manage disaster situations” by the National Governor’s Association’s “Emergency Preparedness Project” led to some of the most radical changes to the nation’s emergency management system.  The creation of the Federal Emergency Management Agency (FEMA) in 1979 consolidated over one hundred offices and programs throughout the federal system addressing disaster relief and provided FEMA with the following four primary responsibilities—“establishing federal disaster policies; mobilizing federal resources for disaster response; coordinating federal efforts with those of state and local governments; and managing federal disaster response activities.”  (FEMA/Blanchard)

As there have been changed to emergency management in response to natural or technological disasters, it is important to illustrate how armed conflicts have shaped emergency management—in particular civil defense.  Following World War II, “President Truman declined to develop and forward civil defense law and program because in his opinion population protection measures were basically a state and local responsibility” (Blanchard).  The ensuing arms race and Cold War propelled a refocused civil defense.  The creation of the Federal Civil Defense Administration in 1949 and the passage of the Federal Civil Defense Act of 1950 were two of many executive orders, legislation, or reorganization to address the concern over civil defense that would continue through the 1980s.

Event or Action Response
1949—Soviet Union detonates atomic bomb Federal Civil Defense Administration
1950—Korean Conflict; Chinese Intervention Federal Civil Defense ActBlast Shelter Program
1952—United States; 1953—Soviet Union hydrogen bomb detonations Evacuation Policy
1957—Federal Civil Defense Act amended Civil defense becomes a joint responsibility between the federal government and state and local governments
1958—Reorganization Plan No. 1 Office of Civil and Defense Mobilization created from the Federal Civil Defense Administration and the Office of Defense Mobilization
1960s—Soviet Union launches first Inter-Continental Ballistic Missile;Sputnik I Federally-funded nationwide fallout shelter programFederal Civil Defense is organized to the Office of Civil Defense
1961—Berlin Crisis Emergency supplement appropriation of $207 million passed to implement new civil defense policy (shelter identification, markings, and stockpiling of supplies
1962—Cuban Missile Crisis Shelter awareness and construction increases
1964—National Plan for Emergency Preparedness Continuity of the federal government
1972—Office of Civil Defense is reorganized into the Defense Civil Preparedness Agency Dual-Use and Crisis Relocation Planning
1980—Federal Defense Act of 1950 amended Emphasis on crisis relocation of population and federal government; enhance deterrence and stability and reduce possibility of coercion by an enemy during a crisis; dual-use policy sanctioned
1982—National Security Decision Directive issued Proposed a multi-billion civil defense seven-year program
1987—Presidential Policy Guidance Follow up on the minimally funded an supported1982 directive; called for funding of projects that could not rapidly be implemented in an international crisis such as emergency operations centers; marked as the last attack-related civil defense program in the U.S.
1993—Congress repeals the Federal Defense Act of 1950 

Changes in national and global politics and the end of the Cold War brought about sweeping reforms in civil defense in the United States.  Civil defense, in conjunction with natural and technological disasters, developed the preparedness of the nation and its resources.  The focus would now turn to addressing natural and technological hazards and risks on the home front.

The most sweeping piece of disaster relief legislation was the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988 (Public Law 93-288).  The Stafford Act legislated the following provisions:  (FEMA, 3-3)
 —cost-sharing requirements for public assistance programs
—provided funds for states and local governments to manage public assistance programs
—encouraged hazard mitigation through a new grant program
—gave the federal government the authority to provide assistance for disasters regardless of cause

The act provides the authority for the federal government to “provide response and recovery assistance in a major disaster.…identifies and defines the types of occurrences and conditions under which disaster assistance may be provided.” (FEMA 3-4)  The most recent significant legislation enacted since the Stafford Act was the Disaster Mitigation Act of 2000 (DMA), also known as Stafford Act amendments.  One of the significant characteristics of the DMA is the focus on mitigation before and after disasters and the establishment of a national pre-disaster mitigation fund to assist with mitigation efforts at the state and local levels.  The FEMA’s refocus and emphasis on mitigation and initiation of the agency’s “Project Impact” mitigation program sought to address the impacts of disasters in communities before they occurred.  Along with amendments to the original Stafford Act and mitigation efforts, the third focus of the DMA was to “streamline administration of disaster relief.” (FEMA)

Emergency management in the United States continues to evolve.  Since the early part of the 1800s, federal response to disasters was ad hoc and reactive.  It would not be until the mid-1900s and the role of the federal government became broader in scope.  Within the last two decades, emergency management has undergone a metamorphosis into a respected and professional field.  Furthermore, recent legislation has produced a comprehensive approach to disaster response, defined the role of the federal government, and reinforced its partnerships with state governments and local communities.