Disaster
Management in the 21st Century
Chapter 3 – Statutory Authority |
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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.
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