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Disasters & the Law

UC Berkeley School of Law

22 entriesexpand all

+108th Congress, National Earthquake Hazards Reduction Program Reauthorization Act of 2004, P.L. 108-360 (PDF — 101KB)

Title I of the Act addresses earthquake hazards reduction; Title II "[e]stablishes the National Windstorm Impact Reduction Program to achieve major measurable reductions in losses of life and property from windstorms."-CRS Summary.

+109th Congress, Assistance for Individuals with Disabilities Affected by Hurricane Katrina or Rita Act of 2005, P.L. 109-82

An Act "To assist individuals with disabilities affected by Hurricane Katrina or Rita through vocational rehabilitation services."-Purpose.

+109th Congress, Coast Guard Hurricane Relief Act of 2005, P.L. 109-141 (PDF — 38K)

"To commend the outstanding efforts in response to Hurricane Katrina by members and employees of the Coast Guard, to provide temporary relief to certain persons affected by such hurricane with respect to certain laws administered by the Coast Guard, and for other purposes."-Purpose.

+109th Congress, Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006, P.L. 109-234 (PDF — 200K)

$94.5 billion emergency supplemental spending bill for fiscal year 2006 that includes $3.7 billion to improve hurricane defenses in New Orleans by restoring wetlands and to fund a study to close a navigation channel at the mouth of the Mississippi River.

+109th Congress, Flexibility for Displaced Workers Act (PDF — 49K)

An Act "To provide special rules for disaster relief employment under the Workforce Investment Act of 1998 for individuals displaced by Hurricane Katrina."-Purpose.

+109th Congress, Katrina Emergency Tax Relief Act of 2005

See also Joint Committee on Taxation, Technical Explanation of H.R. 3768, the "Katrina Emergency Tax Relief Act of 2005," as Passed by the House and the Senate on September 21, 2005, (JCX-69-05), September 22, 2005 219K

+109th Congress, Post-Katrina Emergency Management Reform Act of 2006

The Act comprises Title VI of H.R. 5441, the Department of Homeland Security Appropriations Act, 2007.

+109th Congress, TANF Emergency Response and Recovery Act of 2005, P.L. 109-68 (PDF — 53K)

"To provide assistance to families affected by Hurricane Katrina, through the program of block grants to States for temporary assistance for needy families."-Purpose.

+109th Congress, Tsunami Warning and Education Act, P.L. 109-424 (PDF — 43K)

"To authorize and strengthen the tsunami detection, forecast, warning, and mitigation program of the National Oceanic and Atmospheric Administration, to be carried out by the National Weather Service, and for other purposes."-Purpose.

+Amy Liu, Deputy Director and Senior Fellow, Metropolitan Policy Program & Allison Plyer, Deputy Director, Greater New Orleans Nonprofit Knowledge Works, Brookings Institution and the Greater New Orleans Community Data Center, The New Orleans Index at Five (August 2010)

"Five years following Hurricane Katrina—a tragedy compounded and made more complex by the Great Recession and the current Gulf oil spill—new evidence shows that greater New Orleans is emerging as a healthier, more resilient region.  Yet, this year’s New Orleans Index at Five, which combines comprehensive trends analyses with seven scholar essays on key post-Katrina reforms, reveals that much work lies ahead if this metropolis is to emerge with a stronger economy, better opportunities for its residents, and a more sustainable future.  The Gulf oil spill creates an opportunity for New Orleanians, and their government, philanthropic and private sector partners, to build on the progress made since Katrina." (August 4, 2010)

+The Council of Insurance Agents & Brokers, An Analysis of Catastrophic Risk Insurance Proposals (PDF — 461K)

"In reviewing various proposals to cover risk relating to natural or man-made catastrophes, the report focused on approaches to deal with natural disasters: H.R. 4366, the Homeowners' Insurance Protection Act of 2005; H.R. 846, the Homeowners' Insurance Availability Act of 2005 (HIAA); and tax deductible reserves.

"In addition, the authors looked at both the Terrorism Risk Insurance Act of 2002 (TRIA) and the extension of TRIA that was passed in 2005. That law, which provides a federal backstop for the commercial insurance industry in the event of a terrorist attack, will expire at the end of 2007 unless it is extended again.

"The study presents arguments advanced by advocates and critics of each of the proposals and assesses each in terms of potential effectiveness, analyzing the options but not endorsing any of the potential approaches." —Press release.

+Federal Emergency Management Agency (FEMA), FEMA Strategic Plan

+Federal Emergency Management Agency (FEMA), National Incident Management System

"Developed by the Secretary of Homeland Security at the request of the President, the National Incident Management System (NIMS) integrates effective practices in emergency preparedness and response into a comprehensive national framework for incident management. The NIMS will enable responders at all levels to work together more effectively to manage domestic incidents no matter what the cause, size or complexity." The NIMS site includes links to the NIMS document, FAQs, and other supporting materials.

+FEMA Law Associates, PLLC, Legal and Regulatory Support in Emergency Management and Homeland Security

FEMA Law Associates is a law firm led by a former General Counsel for FEMA. The site includes informative resources (such as a glossary of emergency terms) and links. The firm issues a newsletter, archived at the site, which summarizes recent amendments to Federal emergency management statutes.

+Moss, Mitchell; Charles Schellhamer; David A. Berman, The Stafford Act and Priorities for Reform Journal of Homeland Security and Emergency Management Vol. 6 Issue 1 Article 13 (2009) (PDF — 268K)

"During the past ???fty years, federal disaster policy in the United States has been shaped by an ongoing con???ict between proponents who favor federal intervention following a disaster and those who believe disaster response should be the responsibility of state and local governments and charity. This article explores the existing federal disaster policy landscape within the United States with a focus on the Stafford Act, the cultural and political forces that produced it, and how the current system is ill equipped to aid in the response and recovery from major catastrophes. The Stafford Act de???nes how federal disasters are declared, determines the types of assistance to be provided by the federal government, and establishes cost sharing arrangements among federal, state, and local governments. The Federal Emergency Management Agency (FEMA) carries out the provisions of the Stafford Act and distributes much of the assistance provided by the Act. With the establishment of the U.S. Department of Homeland Security, the threat of domestic terrorism, and large-scale natural disasters like Hurricane Katrina, the limits of the Stafford Act and FEMA have been shown. We look at several areas where the shortcomings of the Stafford Act have emerged and propose directions for reform." — Abstract

+United States Code, Robert T. Stafford Disaster Relief and Emergency Assistance Act

See also P.L. 106-390, the Disaster Mitigation Act of 2000 157K

+United States Department of Defense, DOD Directive 3025.1: Use of Military Resources During Peacetime Civil Emergencies within the United States (January 15, 1993) (PDF — 66K)

+United States Department of Homeland Security (DHS), Homeland Security Presidential Directive 5 (February 28, 2003)

"To enhance the ability of the United States to manage domestic incidents by establishing a single, comprehensive national incident management system."—Purpose.

+United States House of Representatives, H.R. [4100], Louisiana Recovery Corporation Act (PDF — 115K)

+United States National Response Team (NRT), United States National Response Team (NRT)

"The U.S. National Response Team (NRT) is an organization of 16 Federal departments and agencies responsible for coordinating emergency preparedness and response to oil and hazardous substance pollution incidents. The Environment Protection Agency (EPA) and the U.S. Coast Guard (USCG) serve as Chair and Vice Chair respectively. The National Oil and Hazardous Substances Pollution Contingency Plan (NCP) and the Code of Federal Regulations (40 CFR part 300) outline the role of the NRT and Regional Response Teams (RRTs). The response teams are also cited in various federal statutes, including Superfund Amendments and Reauthorization Act (SARA) ??? Title III and the Hazardous Materials Transportation Act [HMTA]."—Website.

Website includes section on applicable laws, regulations, and directives.

+United States Senate Committee for Governmental Affairs, Reorganization Plan No.3 of 1978 (Disaster Preparedness) -- Hearings before the Subcommittee on Intergovernmental Relations of the Committee on Governmental Affairs (provided by: Lexis) (June 20 & 21, 1978) (PDF — 4362K)

Transcripts of Senate committee hearings on Reorganization Plan No. 3 - the Disaster/Preparedness Reorganization, i.e., the creation of the Federal Emergency Management Agency (FEMA) consolidating emergency preparedness programs currently administered by the National Fire Prevention and Control Administration, Federal Insurance Administration, Federal Emergency Broadcast System, Defense Civil Preparedness Agency, Federal Disaster Assistance Administration, and Federal Preparedness Agency. Includes testimony from various public officials and agency heads.

+United States Senate, S. 1766, Louisiana Katrina Reconstruction Act (PDF — 772K)

"A Bill To provide disaster relief and incentives for economic recovery for Louisiana residents and businesses affected by Hurricane Katrina."