Institute for Crisis, Disaster, and Risk Management

Crisis and Emergency Management

January 2004 Volume 5 - Number 4

Related Sites:

Homeland Security...

New legislation created since September 11, 2001 affecting the

Emergency Management field

By Michael Garner

Included below are summaries of legislation passed in the United States Federal Government concerning the field of Emergency Management. In this write-up I have particularly focused on laws that have been created in response to the terrorist attacks that occurred on September 11, 2001.

With the numerous volumes of legislation that have been created in response to and since these attacks took place, it would be nearly impossible to address all such Acts in this memo. Instead, I have attempted to focus on only the main Acts that have passed in the Federal level during this time period. I will address the following Acts in chronological order, beginning with the first set of legislation to pass after the tragic events of 9-11.

‘The Patriot Act’

October 24, 2001

In response to the terrorists’ attacks of 9-11, congress passed the USA Patriot Act. Basically, the Act gave the federal government greater authority to track criminals and intercept communications, for both law enforcement and foreign intelligence gathering purposes. The bill gave the Secretary of the Treasury regulatory powers to combat corruption on U.S. financial institutions for foreign money laundering purposes. It also helped to close our borders to possible foreign terrorists, and helps the government to detain and remove those that are currently within our borders. The Act also created new crimes, penalties, and procedures for use against domestic and international terrorists. Many enhancements sought by the Department of Justice were included in the Act, as well as the appropriate safeguards to ensure that no person’s rights are violated. Below is a brief summary of each section of the Act, with only the main points mentioned in any detail. (CRS)

Criminal Investigations

The previous Federal communications privacy law featured a three tiered system, set up to protect the privacy of personal communications while still enabling authorities to identify and intercept criminal correspondence. Each tier in this system deals with a certain type of communication. What this new legislation did in effect, was to modify a number of the procedures relating to each of the three tiers of the previous system. A few examples of what the Act specifically deals with includes how email and voicemail can be handled, as well as specifics dealing with the rules regarding computer networks. It also attempts to facilitate cooperation between law enforcement and foreign intelligence investigators.

Foreign Intelligence Investigations

The Patriot Act also eases some of the restrictions on foreign intelligence gathering within the U.S., and allows the intelligence community greater access to information during a criminal investigation. Along these same lines, it also establishes and expands safeguards against official abuse. Some of the other smaller points brought about deal with allowing tapping and tracing of emails, allowing courts to access any tangible items rather than only business records, expanding the number of judges on the Foreign Intelligence Surveillance Act (FISA) Court, and allowing for “roving” surveillance of suspected criminals. (OLR Research Report)

Money Laundering

Federal authorities attack money laundering through regulations, criminal sanctions, and forfeiture. The Patriot Act helps to bolster federal efforts in each of these areas in a number of ways. Dealing with regulation, this legislation allows for the expanded authority of the Secretary of the Treasury to regulate the activities of U.S. financial institutions, particularly dealing with foreign individuals and groups. Along the lines of crimes, the act has created a number of new money laundering crimes, as well as many amendments and increased penalties for previously present crimes. The last area dealing with laundering that the act addressed involves the areas known as forfeiture. This legislation has created two new types of forfeiture, as well as modified several other procedures. This affects how the government can treat terrorists’ property and money if they are apprehended. (CRS)

Alien Terrorists and Victims

This section deals with preventing alien terrorists from entering the U.S., and also deals with providing support and relief to the foreign victims of the attacks on September 11^th.

Other Crimes, Penalties, and Procedures

The act also created a number of new federal crimes relating to different types of terrorist attacks, mainly dealing with those affecting mass transportation, biological weapons, and harboring and supporting terrorists. New penalties for these and other previous crimes were also created with this act. (Center for Democracy and Technology)

‘Aviation and Transportation Security Act’

November 19, 2001

The Aviation and Transportation Security Act was passed in an attempt to increase the safety and security of our Nation’s airports, as well as for the purpose of defining a new administration within the Department of Transportation. This new Transportation Security Administration (TSA) is responsible for all modes of transportation and is headed by a new Under Secretary. According to the Act, this new Administration has personnel and management flexibility. (House: Airline Sec. Bill)

Besides the fact of creating the new Administration, the legislation also delves into many particular areas of airline security. Briefly listed, this involves a number of specific topics dealing with such things as: security screening, rulemaking, air marshals, cockpit security, fees, and law enforcement personnel. (Bacon, J.)

An Aviation Oversight Board was also created by the act, which is composed of representatives from a number of other Federal Agencies to facilitate the sharing of intelligence information and to oversee the actions of the new Under Secretary. The legislation also formed the creation of an Advisory Council established to help guide the new Under Secretary on all transportation and security issues. Along with this council, a final topic the Act dealt with was to help the airports financially, so that they are able to fund all of the numerous security and infrastructure changes and updates that are newly mandated in the Act. (TSA)

‘Bioterrorism Preparedness Act’ - US Public Health Security and Bioterrorism Preparedness and Response Act

June 12, 2002

The US Public Health Security and Bioterrorism Preparedness and Response Act was designed to improve our ability to respond to a bioterrorist attack. The goals of this Act are to enhance our ability, to detect at attack, to treat the victims of such an attack, and to contain such an attack. There are four major sections that this legislation focused on, as each will be briefly summarized.

Upgrading Federal Capacity to Respond

The attempt of the Act here is to first expand the Strategic National Pharmaceutical Stockpile. Besides actually increasing the drug supply, the goal is to also expand and enhance the capacities, training abilities, public health laboratories, disease surveillance, and accident response. More controls are also now required by this legislation to be placed on numerous dangerous biological agents. (Kennedy, E.)

Improving the State and Local Response

The Act is set up to provide grants to States to ensure that adequate planning and preparedness measures are taken. These grants are also to be used by hospitals to make sure that they are properly equipped in the event that they would be needed to respond to a bioterrorism event.

Develop New Treatments, Vaccines, and Diagnostics

In particular, the Act was aimed at accelerating the production of the smallpox vaccine. Along these same lines, expanded research grants and long-term drug development contracts are also to be funded and continued, as per this legislation. (Kennedy, E.)

Improving Food Safety and Protecting Against Agricultural Bioterrorism

The Bioterrorism Act also gave increased authority to the Food and Drug Administration (FDA) to ensure the safety of our food supply. This directive was undertaken by the requirements to increase inspections of the food supply as well as improving the Federal capacity to prevent and detect terrorist attacks on agriculture. (FDA)

‘Homeland Security Act’

November 25, 2002

The Homeland Security Act of 2002 created a new Cabinet-level department, The Department of Homeland Security (DHS), whose effects will be felt throughout the federal and state government for years to come. It also created the position of Secretary of Homeland Security. These huge changes that accompanied this legislation have laid the groundwork for the largest re-organization of the government over the past 50 years. What this involved was the consolidation of over 100 organizations throughout the United States government into a single entity, now known as the DHS.

Although one could write an entire paper simply attempting to summarize this Act, I will attempt to quickly go through the basic points of this new legislation.

Protecting Our Borders

The securing of our Nation’s borders was one of the largest goals of this new piece of legislation. This was attempted by including the Coast Guard into this new department, and directing the Commandant of the Coast Guard to report directly to the Secretary of Homeland Security. The U.S. Customs Service, Immigration and Naturalizations Service (INS), as well as the Animal Plant Health Inspection Service will also be included to help protect our borders. (House Republican Committee)

Community Involvement

The Federal Emergency Management Agency (FEMA) was also included within the new DHS. This was at first a huge call to alarm for many within the Emergency Management field. Many thought that all of the positive work and gains that this department had made over the past decade would be undone. But, although this re-organization is still being worked out, it seems as though FEMA’s programs and identity will still be allowed to exist with the new DHS. Another group that was merged into the DHS via the Act was the Secret Service. A national Council for First Responders was also established by the Act. On a side note, the District of Columbia has been included in the Federal Government’s plans for domestic preparedness and recovery for terrorist attacks. (Third World Traveler)

Ensuring Open Government

This legislation also attempted to ensure that the government will continue to be open to the public, but at the same time ensuring that this openness does not decrease our national security.

Creating a Flexible Motivated Work Force

This Act also grants the Secretary of Homeland Security better flexibility in various areas of personnel management. One way this will be done is by allowing the Secretary to develop a strategic performance management program to link employee performance and accountability to the goals, objectives, and missions of the Department. A broader approach to job classification will also be enacted. The hope also is that the Department will have the flexibility needed to attract skilled and dedicated workers. (House Republican Committee)

Promoting Research and Development

This measure creates a research center for the DHS and allows the Secretary to make use of any federally funded research to support homeland security.

Securing Privacy

No new national ID cards will be allowed, as this power will still be invested with the states. Also, an officer position will be created who ensures the civil liberties of the citizens remain intact.

Ensuring Accountable Government

This new legislation also makes it clear that only powers specifically granted by Congress will be available to the Secretary. The Secretary will also not be able to undo agencies or fund outside programs. Also, a coordinating body will be set up to advise the president on homeland security issues. The president will be required to submit an annual budget in addition, so as to keep tabs on the tax dollars being spent by this department. (Adele)

The SAFETY Act

This helps to ensure that effective anti-terrorism technologies are able to be commercially available. In essence, this deals with providing companies the room they need to grow and improve their products, without being held liable if terrorists strike and make use of their products. (White House: H.S. Archive)

‘Prepare Act’ – Preparing America to Respond Effectively Act

September 24, 2003

The Preparing America to Respond Effectively Act is a piece of legislation created to ensure that our nation is prepared to respond adequately to an act of terrorism. The goals of this legislation is to improve the first responder funding system, bolster information sharing, threat warnings, communications, and equipment interoperability, integrate private companies and the public into response plans, and to provide grants to educate schoolchildren to be prepared. There are six major sections of this legislation, which are summarized below. (House Democratic Committee)

Meeting the Needs of First Responders

This Act sets a methodology that can be followed to define at what particular preparedness level a locality is ranked in. This will be done by establishing a set of national standards that can be used to determine what supplies and resources are needed by particular cities, counties, and states. Once it is known where all localities rank in this regard, it is then possible to determine the nature and extent of any additional requirements and the human and financial resources that will be needed to become prepared. (International Ass. Of Fire Chiefs)

To do this a Task Force on Standards will be created particularly for Terrorism Preparedness. This group will develop a way in which local and state governments can determine what resources are needed, and then they will be thusly prepared for a terrorism attack. Grants are also created by the legislation that will provide the necessary resources, ensuring that the highest priority needs are met first. (House Democratic Committee)

Making Sense of Threat Alerts

This Act also requires the DHS to revise the current threat advisory system. The hope is so that this new system may be able to alert particular industries or geographic areas, instead of the current system, which is both broad and general. It is also set forth that Congress will be notified by DHS of any changes to the current threat level, or before any public advisories are released. When the levels need to be raised, the DHS must also now reimburse any personnel costs that result from these level increases to any industries affected. (House Democratic Committee)

Improving Information Sharing

The Prepare Act also clarifies the current responsibilities of the DHS in regards to information sharing with local and state governments. The legislation provides assistance for localities to obtain security clearances and special equipment needed to receive and use this classified intelligence. (House Democratic Committee)

Providing Interoperable Communications and Equipment

A forth goal of this Act is to make sure that equipment required and used by first responders becomes interoperable. It is also necessary to ensure that training and equipment standards are developed.

Encouraging Participation of ‘Second Responders’

The Prepare Act also ensures that public training and education efforts continue to expand so that the second responders are not forgotten about. It is of vital importance that these public volunteers and private companies are included and offered programs that keep them informed and up to date regarding the current technologies and trends in the emergency management field.

Educating Schoolchildren to be Prepared

This legislation requires that education programs are included in elementary and secondary schools so that these children will be ready in the case of a natural or man-made disaster.

‘Initial National Response Plan’

September 30, 2003

Although only a rough draft at this point in time, the Initial National Response Plan (INRP) was recently published. Basically, it serves as a well needed update to the previous Federal Response Plan. In due time, once all parties and groups have the chance to study the INRP and submit any required improvements, additions, or changes, a final National Response Plan will be passed. This is a very important first step towards the overall goal of integrating the current family of Federal domestic prevention, preparedness, response, and recovery plans into a single all-discipline, all-hazards plan. The main goal of the INRP is to have it be supported by the newly developed National Incident Management System (NIMS). This system, once up and running, will create processes, protocols, and procedures for standardized incident management.

As was previously mentioned, a number of groups have been working together on the creation of the INRP. This trust includes parties from: Federal Government, State, Governments, Local (city/county/township) Governments, Territories, Tribal Groups, and First Responders. The hope is that by including all of these various groups in the design of this system, all possible issues and shortcomings will be thought of and dealt with up front, so as to avoid any problems in the future with the NRP. (DHS: INRP Fact Sheet)

Under the INRP, a number of current emergency response plans are linked together into a single, all-encompassing plan. Some of the existing plans being brought together include: the Federal Response Plan, U.S. Government Interagency Domestic Terrorism Concept of Operations Plan, Federal Radiological Emergency Response Plan, Mass Migration Response Plans, and the National Oil and Hazardous Substances Pollution Contingency Plan. In addition to the task of combining numerous existing response plans, the INRP is attempting to create a number of enhancements that will aid in unifying these large numbers of plans and groups. Each of these is summarized below. (DHS: INRP Fact Sheet)

National Homeland Security Operations Center

The first main improvement is the creation of the National Homeland Security Operations Center (HSOC). This center will be the central information hub for all operational communications and information pertaining to domestic incident management. It will be located at the DHS Headquarters and will provide situational awareness and support for all domestic incident management 24/7/365. (National Governors Ass.)

Interagency Incident Management Group

Members of the Interagency Incident Management Group (IIMG) will team the HSOC. The IIMG will be comprised of senior representatives from various Federal departments and agencies, non-governmental organizations (NGO), as well as representatives from the many DHS components that were combined to create the department. This group will be used to run the HSOC and to help with national-level situation awareness, policy coordination, and incident coordination.

Principal Federal Official

This legislation also provides for the appointing of a Principal Federal Official (PFO) who, upon designation by the Secretary, will serve as the incident commander and the personal representative of the DHS on the scene during an incident. The PFO will be required to oversee and coordinate all Federal incident activities as well as work with all local groups and authorities to help determine requirements and provide Federal assistance.

Joint Field Office

In a similar manner to the PFO, the INRP also creates the Joint Field Office (JFO) for use on-site during times of emergencies. The goal of the JFO is to facilitate coordination between all groups that are present at the scene, such as the: Joint Operations Center (JOC), Disaster Field Office (DFO), and other Federal, State, and Local Offices and teams present to provide support on scene. (DHS: INRP Fact Sheet)

The above memo provides a summary of six of the most influential and important pieces of legislation passed since September 11, 2001. Although, as was previously mentioned, there were numerous other Acts passed in our Nation’s government during this time, those that have been included in this report have been the most noteworthy and contain the most direct connections to the future of the Emergency Management field.

It is a safe bet to say that a number of the above Acts and plans will be modified and expanded upon in the coming years. It is also safe to assume that many more pieces of legislation dealing with the Emergency Management field will come to pass as more is learned of our current advantages and shortcomings in relation to terrorism. The hope, is that our Country’s Emergency and Disaster Management capabilities will continue to grow and improve as our Nation realizes what improvements are neccessary.

Acronyms:

APHIS – Animal Plant Health Inspection Service

DFO – Disaster Field Office

DHS – Department of Homeland Security

DOT – Department of Transportation

FDA – Food and Drug Administration

FEMA – Federal Emergency Management Agency

FISA – Foreign Intelligence Surveillance Act

HSOC - National Homeland Security Operations Center

IIMG - Interagency Incident Management Group

INRP – Initial National Response Plan

INS – Immigration and Naturalization Service

JFO – Joint Field Office

JOC – Joint Operations Center

NIMS - National Incident Management System

NGO – Non-Governmental Organization

NRP – National Response Plan

PFO- Principal Federal Official

TSA – Transportation Security Administration

References:

Adele, Abrams, Esq, Law Office of. ASSE Summary of the Homeland Security Act of 2002. ASSE. URL: http://www.asse.org/govupdate_12-19-02_homeland.htm

Bacon, Joel. The Aviation and Transportation Security Act: The Law and Ongoing Challenges. URL: http://www.airportnet.org/depts/federal/briefs/ATSA.htm

Carafano, James Jay, Ph.D. Policy Research and Analysis: Preparing Responders to Respond: The Challenges to Emergency Preparedness in the 21^st Century. The Heritage Foundation. URL: http://www.heritage.org/Research/HomelandDefense/HL812.cfm

Center for Democracy and Technology. Summary and Analysis of Key Sections of USA PATRIOT ACT of 2001. E-Commerce and Privacy Group. URL: http://www.cdt.org/security/011031summary.shtml

CRS. CRS Report for Congress: The USA Patriot Act: A Sketch. CRS Web. URL: http://www.fas.org/irp/crs/RS21203.pdf

DOT. National Transportation Library – Aviation and Transportation Security Act. URL: http://ntl.bts.gov/faq/avtsa.html

DHS. Homepage: U.S. Department of Homeland Security. URL: http://www.dhs.gov/dhspublic/index.jsp

DHS. Press Room: Press Releases – Initial National Response Plan Fact Sheet. URL: http://www.dhs.gov/dhspublic/interapp/press_release/press_release_0278.xml

DHS. Press Room: Publications and Reports – Homeland Security Act of 2002. URL: http://www.dhs.gov/dhspublic/display?theme=85&content=412

ESA. Entomological Society of America (ESA) Newsletter: Window on Washington. URL: http://www.entsoc.org/newsletter/2002/aug/window.htm

FDA. The Bioterrorism Act of 2002. U.S. Food and Drug Administration. URL: http://www.fda.gov/oc/bioterrorism/bioact.html

House Democratic Committee. Preparing America to Respond Effectively (PREPARE) Act of 2003. Bill Summary. URL: http://www.house.gov/hsc/democrats/pdf/press/030924_prepare_act_summary.pdf

House of Representatives. House Republican Airline Security Bill Summary of Key Provisions. Transportation Committee. URL: http://www.house.gov/transportation/aviation/3150summary.html

House of Representatives. Public Health Security and Bioterrorism Preparedness and Response Act of 2002. Democratic Commerce Committee. URL: http://www.house.gov/commerce_democrats/bioterrorism/summary-conference.htm

House Republicans Committee Central. Homeland Security Act of 2002. Almanac of Policy Issues. URL: http://www.policyalmanac.org/world/archive/homeland_defense.shtml

International Association of Fire Chiefs. Combating Terrorism: Preparing and Funding First Responders. URL: http://www.iafc.org/pdf/other/Plaugher_Combating%20Terrorism.pdf

Kennedy, Senator Edward M. Bioterrorism Preparedness Act Summary. From the Office of the Massachusetts Senator. URL: http://kennedy.senate.gov/~kennedy/statements/01/11/2001B15352.html

National Council for Science and the Environment (NCSE). Congressional Research Service Reports. URL: http://www.ncseonline.org/NLE/CRS

National Governors Association. Homeland Security and Technology Division: Homeland Security Approves Initial National Response Plan. URL: http://www.nga.org/center/frontAndCenter/1,1188,T_CEN_HS%5ED_6008,00.html

OLR Research Report. Summary of Federal ‘USA Patriot Act’. URL: http://www.cga.state.ct.us/2001/rpt/olr/htm/2001-r-0851.htm

Rubin, Claire B. Major Changes in Emergency Management since Sept. 11, 2001. GWU/ICDRM Workshop on Emergency Management in the Homeland Security Environment. URL: http://www.gwu.edu/~workshop/download/Rubinslides-final.ppt

Third World Traveler. Homeland Security Act of 2002 Summary. URL: http://www.thirdworldtraveler.com/Homeland_Security/HomelandSecurity_Summary.html

TSA. About TSA: History of TSA – Aviation and Transportation Security Act (ATSA) Public Law 107-71. URL: http://www.tsa.gov/public/display?theme=38&content=78

White House. Analysis for the Homeland Security Act of 2002. URL: http://www.whitehouse.gov/deptofhomeland/analysis

White House: Homeland Security Archive. URL: http://www.whitehouse.gov/homeland/archive.html