BerkeleyLaw Library

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.

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

"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.

$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.

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

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

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

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

"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.

"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)

"This report, which will be updated as events warrant, discusses the following:

• Medicaid's rules on eligibility, benefits, and financing in the context of current questions and issues raised by Hurricane Katrina.
• Recent state actions in response to Medicaid issues raised by the hurricane.
• Federal Medicaid waiver authority, including information on current activity in this area and the New York Disaster Relief Medicaid waiver granted in response to the September 11 terrorist attacks.
• Current federal legislation related to Medicaid and Hurricane Katrina relief efforts."

—Summary.

"Six statutes enacted by the 109th Congress are notable in that they contain changes that apply to future federal emergency management actions.... Most of these statutes contain relatively few changes to federal authorities related to emergencies and disasters. The Post-Katrina Act, however, contains many changes that will have long-term consequences for FEMA and other federal entities. That statute reorganizes FEMA, expands its statutory authority, and imposes new conditions and requirements on the operations of the agency."—Summary.

"Members of Congress have introduced legislation in both the House and Senate to alter federal emergency management organizational structures and responsibilities, amend authorities that guide federal action, impose emergency management leadership qualification requirements, and make other changes. The proposals are based upon investigations conducted on the role of the Federal Emergency Management Agency (FEMA) and other entities in the response to Hurricane Katrina in the fall of 2005.

"Some observers reduce the matter to one basic question: 'Should FEMA remain within the Department of Homeland Security (DHS), or should the agency regain the independent status it had before the creation of DHS?' The issue, however, is more complex than just one of organizational placement."—Summary.

"We initiated this audit in response to Congressional concerns that, in the wake of hurricanes Katrina and Rita, multitier subcontracting (1) increased costs to the government, (2) limited opportunities for small and local businesses to participate in response and recovery efforts, and (3) resulted in layers of subcontractors being paid profit and overhead while adding little or no value to the work performed under the contract. Our objectives were to determine the validity of these concerns, as well as to determine the potential effect Section 692 of the Post-Katrina Emergency Management Reform Act of 2006 could have on future disaster contracting.

"It does not appear that multitier subcontracting, as an isolated factor, caused significant increases in costs to the government, nor did it reduce subcontracting opportunities for small and local businesses. The prime contractors subcontracted a significant amount of the value of their contracts to small and local businesses.

"Although FEMA relied on large national prime contractors, initially preventing small and local businesses from participating as prime contractors themselves, the national prime contractors generally did well hiring small and local subcontractors. However, because subcontractor invoices generally do not include specific information on lower tier subcontractors, we could not determine how many layers of subcontracting existed on contracts or whether any layers involved contractors charging profit without contributing substantially to the work being performed on the contract.

"Although Section 692 of the Post-Katrina Emergency Management Reform Act of 2006 would limit subcontracting to 65% of total contract costs, nothing in this legislation specifically restricts the number of tiers of subcontractors. Further, by limiting subcontracting, Section 692 could restrict funding available to small and local businesses while potentially impairing FEMA's ability to respond quickly to future catastrophic disasters. The Department of Defense has promulgated less restrictive rules to control multitiering that reduce the risks inherent in Section 692. Therefore, we recommend FEMA officials work with DHS officials, the Office of Federal Procurement Policy and Congress to promulgate less restrictive rules over multitier contracting." —Executive Summary.

Comprehensive coverage of the rules governing military assistance to civil authorities in situations including disaster and domestic emergency assistance (ch. 8). The second volume consists of the texts of legislation, executive orders, and other pertinent controlling documents.

"As we approach the one-year anniversary of the Post-Katrina Emergency Management Reform Act of 2006 (P.L. 109-295) ('Post-Katrina Act' or the 'Act'), I would like to provide an update on organizational changes the Department of Homeland Security (DHS) has made to implement the Act. This letter also provides an update on certain additional organizational improvements to the Department made pursuant to Section 872 of the Homeland Security Act of 2002 (P.L. 107-296) (HSA). We are pleased to report that we have completed the functional transfers required by the Post-Katrina Act and have requested the additional changes described in the January 18, 2007 Section 872 notice, effective March 31, 2007."

Three memoranda from Sec. Chertoff to employees of the Department of Homeland Security (DHS), detailing reorganization of FEMA in response to the Post-Katrina Emergency Management Reform Act.

"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.

"In the wake of Hurricane Katrina, Congress amended the Insurrection Act of 1807. The Act enables the President to deploy the military 'to suppress, in any State, any insurrection, domestic violence, unlawful combination, or conspiracy.' The amended Act expands the language of the original Act to include natural disasters, epidemics, or other serious public health emergencies, terrorist attacks or incidents, or other conditions. Opponents of the amendment, most notably all fifty governors, criticize the amendment as a presidential power grab aimed at suppressing the power of the states and increasing the role of the military in domestic affairs.

This paper argues that the amendment to the Insurrection Act does not affect the President's existing powers to deploy the military domestically. Instead, this paper argues that the amendment merely clarifies the situations that justify the use of the military to respond to domestic disorder. An analysis of the historical use of the Act and the Act's language indicates that justification for presidential action prior to the amendment focused on the extent, rather than the source of the domestic disorder. The changes made in October of 2006 provide explicit examples of situations that may lead to events of public disorder justifying the President's invocation of the Act's authority. In addition, political and historical limitations, along with limitations in the Act itself, will restrict presidential abuse of the power. Thus, the uproar over the recent changes to the Insurrection Act and the fears of martial law are unfounded."—Abstract.

"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 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.

"The vulnerability of California's Delta region to massive flooding stands as one of the state's most urgent policy issues. One of the state's few tools in place to curb urbanization in the Delta is the Delta Protection Act. Adopted in 1992, the Act created the Delta Protection Commission as the regulatory body charged with overseeing development in the Delta. Reflecting a spirit of political compromise, however, the Act limits the jurisdiction of the Commission to the Delta's primary zone while development in the secondary zone goes unregulated. The Delta Protection Commission was called into action for the first time in the fall of 2006 when the Yolo County Board of Supervisors approved a plan for residential development on land presumed to be within the primary zone. In February of 2007 the Commission voted to officially reject the development as a violation of the Delta Protection Act. The primary basis for the Commission's decision was that the Old Sugar Mill Project would 'expose the public to increased flood hazards.' The Commission's decision is, however, appealable in court, and, reflecting the Commission's grossly insufficient regulatory authority, it is uncertain whether the decision will withstand a legal challenge.

"Even if the Delta Protection Commission's decision is ultimately upheld in court, however, the Clarksburg situation demonstrates the irrationality, and unacceptability, of California's Delta land-use regulatory scheme. At present, developments that pose a clear risk to public safety and the long run health of both the Delta and state economy go unchallenged simply because certain land is designated as the secondary zone and, thus, falls within the exclusive jurisdiction of local governments. In order to alleviate this untenable situation California must create a dominant regulatory body with the authority to strictly oversee land-use throughout the Delta region."—Abstract.

"The physical security of nuclear power plants and their vulnerability to deliberate acts of terrorism was elevated to a national security concern following the events of September 11, 2001.

"Title VI of the Energy Policy Act of 2005 regarding nuclear security amended the Atomic Energy Act with the addition of new provisions for security evaluations and rulemaking to revise the 'Design Basis Threat.' The act included provisions for fingerprinting and criminal background checks of security personnel, their use of firearms, and the unauthorized introduction of dangerous weapons. The designation of facilities subject to enforcement of penalties for sabotage expanded to include treatment and disposal facilities.

"As part of security response evaluations, the act requires the Nuclear Regulatory Commission (NRC) to conduct 'force-on-force' security exercises at nuclear power plants at least once every three years, and revise the 'design-basis threat' to consider a wider variety of potential attacks.

"The NRC has strengthened its regulations on nuclear power plant security, but critics contend that implementation by the industry has been too slow and that further measures are needed. Vulnerability to a deliberate aircraft crash remains an outstanding issue, as the latest NRC rulemaking addresses only newly designed plants. Shortcomings in the performance of security contractors has drawn the attention of Congress.

"This report will be updated as events warrant."—Summary.

"The U.S. Fire Administration (USFA) — which includes the National Fire Academy (NFA) — is currently an entity within the Federal Emergency Management Agency (FEMA) of the Department of Homeland Security (DHS). The objective of the USFA is to significantly reduce the nation's loss of life from fire, while also achieving a reduction in property loss and non-fatal injury due to fire. The Administration's FY2009 budget proposal requested $40.9 million for USFA, a reduction of 5.5% from the FY2008 level. For FY2009, the Senate Appropriations Committee approved $43.3 million for USFA, while the House Appropriations Committee approved $44.979 million. The Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (P.L. 110-329) — which contains the FY2009 Department of Homeland Security Appropriations Act — provided $44.979 million for USFA. Meanwhile, the United States Fire Administration Reauthorization Act of 2008 (H.R. 4847/S. 2606) was signed into law on October 8, 2008 (P.L. 110-376). This report will be updated as events warrant."—Summary.

"This report provides a legal analysis of the eligibility of an influenza pandemic (flu pandemic) to be declared by the President as a major disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. In 1997, the discovery of a virulent H5N1 strain of avian influenza (bird flu) raised the possibility of a flu pandemic occurring in the United States. In such an event, the Stafford Act could provide authority for federal assistance. Although it is widely agreed that emergency assistance under the Stafford Act could be provided by the President in the event of a flu pandemic, questions remain as to whether major disaster assistance would be available. An analysis of the Stafford Act suggests that this issue was not addressed by Congress when it drafted the current definition of a major disaster, and that neither inclusion nor exclusion of flu pandemics from major disaster assistance is explicitly required by the current statutory language.

"In the 109th Congress, ? 210 of S. 3721 would have made any outbreak of infectious disease explicitly eligible for major disaster assistance, but it was not enacted."—Summary.

"The Disasters Roundtable convened its 15th workshop on Law, Science, and Disaster on October 18, 2005. It is recognized that science and technology can provide part of the basis for more effective hazard-related laws and regulations, including zoning laws, building codes, and hazard disclosure requirements. It is also clear that issues unrelated to science and technology also drive the development of hazard and disaster law. This workshop examined recent developments and trends in hazard and disaster law and its implementation, and drew on the September 11, 2001 experience to discuss the related issue of victim compensation."—Summary.

"The Stafford Act establishes two incident levels—emergencies and major disasters. Emergencies tend to be smaller events where a limited federal role will suffice. Major disasters are larger events—but this can run the gamut from a blizzard in Buffalo to a major earthquake in southern California that affects millions. In other words, no distinction, and no special response, is provided in the Stafford Act following catastrophes such as major earthquakes and hurricanes. The Stafford Act should be amended to establish a response level for catastrophic events.

"The Stafford Act does not adequately recognize 21st century threats. For example, the definition of a major disaster does not cover chemical, biological, radiological, or nuclear attacks or accidents. The act should further be amended to encompass 21st century threats.

"This report does not focus on the performance of government agencies immediately following a disaster—these have been well documented by others. Rather, this report focuses on the federal role in the long-term recovery and rebuilding process following catastrophes, and what can be done to improve the effectiveness of the federal government in aiding these efforts."—Executive Summary.

"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

"Historically, regulatory approaches to natural disaster mitigation have been created in the aftermath of specific disasters. For instance, the world's first city building code was created in the wake of the Great Fire of London, and the U.S. Congress enacted flood control rules for the Lower Mississippi after the Great Mississippi River Flood of 1927. In this Article, Rutherford H. Platt discusses how natural disasters have informed society's understanding of natural resource management and land use planning over the last several centuries. He examines the evolution of single use policies into multiple use management, deconstructs federal disaster policies, and advocates for ecological cities. He concludes with a reminder to address natural disaster mitigation—indeed, all of modern urban planning—with comprehensive policies addressing the full range of urban needs."—Editors' Summary.

"With the exception of the habeas corpus clause, the Constitution makes no allowance for the suspension of any of its provisions during a national emergency. Disputes over the constitutionality or legality of the exercise of emergency powers are judicially reviewable. Indeed, both the judiciary and Congress, as co-equal branches, can restrain the executive regarding emergency powers. So can public opinion. Furthermore, since 1976, the President has been subject to certain procedural formalities in utilizing some statutorily delegated emergency authority. The National Emergencies Act (50 U.S.C. 1601-1651) eliminated or modified some statutory grants of emergency authority, required the President to declare formally the existence of a national emergency and to specify what statutory authority, activated by the declaration, would be used, and provided Congress a means to countermand the President's declaration and the activated authority being sought. The development of this regulatory statute and subsequent declarations of national emergency are reviewed in this report, which is updated as events require."—Summary.

"In the immediate aftermath of the terrorist attacks of September 11, 2001, President George W. Bush established the Office of Homeland Security and the Homeland Security Council (HSC). In his June 2002 proposal for a Department of Homeland Security, President Bush appeared to anticipate the continued operation of both of these entities. However, the Homeland Security Act of 2002, which mandated the new department, statutorily rechartered the HSC as an agency within the Executive Office of the President (EOP). Thereafter, the HSC disappeared from the public record, and its status today remains uncertain. Recently, some have called for the merger of the HSC with the National Security Council."—Summary.

"The term natural disaster is a misnomer. As Anna K. Schwab and David J. Brower note in this Article, disasters do not occur naturally, they occur only where humans have placed themselves in the way of natural hazard events. Therefore, decisions about the way human environments are initially constructed can mitigate the effects of natural hazard events. They distinguish between resistance and resilience, explaining that attempts to resist forces of nature by trying to contain or control nature itself have largely been unsuccessful. By contrast, resilience efforts, such as hazard avoidance, environmental preservation, and education and outreach, reduce vulnerability to natural hazard events. The authors explain a range of resilience techniques and discuss hazard mitigation planning under the Disaster Mitigation Act of 2000."—Executive Summary.

"This paper investigates the political economy of FEMA's post-9/11 merger with the Department of Homeland Security. Using panel data for the post-DHS merger but pre-Katrina period, this paper examines how FEMA's much-debated reorganization has impacted the strong political influences on disaster declaration and relief spending identified by Garrett and Sobel (2003) before FEMA's reorganization. The authors find that although politically-important states for the president continue to have a higher rate of disaster declaration, disaster expenditures are no longer higher in states with congressional representation on FEMA oversight committees. These results suggest reorganization has reduced political pressure within FEMA."—Abstract

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

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

Final rule published by the EPA on March 22, 2007, which excuses violations of air quality standards for major air pollutants that are due to "exceptional events," including natural events, such as hurricanes and other natural disasters.

"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.

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