+Duke Law Journal, "36th Annual Duke Administrative Law Conference -- Administrative Law and Emergency Management: Katrina and Beyond" (March 24, 2006) (webcast)
Disasters & the Law
UC Berkeley School of Law
8 entriesexpand all
+Hanson, Kenneth & Victor Oliveira, United States Department of Agriculture (USDA) Economic Research Service, The 2005 Gulf Coast Hurricanes' Effect on Food Stamp Program Caseloads and Benefits Issued (PDF — 568K)
"In fall 2005, Hurricanes Katrina, Rita, and Wilma devastated areas along much of the Gulf Coast, resulting in greater demand for food stamps by millions of Gulf Coast State residents and evacuees.
"During disasters, USDA delivers emergency food assistance in two ways. Initially, emergency food commodities are provided to shelters, to other mass feeding sites, and directly to households when normal commercial channels of food distribution may be disrupted. USDA also issues emergency food stamps through the Disaster Food Stamp Program (DFSP), an extension of the regular Food Stamp Program. Under the DFSP, eligibility requirements are temporarily relaxed so that benefits can be quickly provided to households that may not ordinarily qualify for food stamps but suddenly need food assistance.
"The Federal response to the disasters has received much attention; information about food stamp use will help provide a more complete picture of the use of public assistance both during and after the hurricanes. To provide this information, we examined the effect of the hurricanes on food stamp caseloads and benefits issued.
"One effect of the hurricanes was a dramatic spike in both Food Stamp Program caseloads and benefits issued. In November 2005, 29.7 million people received food stamps, the largest number ever to receive food stamps in a single month and about 4 million—or 15 percent—more than just 3 months earlier." —Report Summary
Links to report summary and full report in PDF format.
+Homeland Security Council, National Strategy for Pandemic Influenza (May 2006) (PDF — 2.5M)
"This Implementation Plan for the National Strategy for Pandemic Influenza further clarifies the roles and responsibilities of governmental and non-governmental entities, including Federal, State, local, and tribal authorities and regional, national, and international stakeholders, and provides preparedness guidance for all segments of society. The Plan addresses the following topics:
- U.S. Government Planning and Response
- International Efforts and Transportation and Borders
- Protecting Human Health
- Protecting Animal Health
- Law Enforcement, Public Safety, and Security
- Institutional Considerations"
+Kapp, Lawrence; Don J. Jansen; Congressional Research Service (CRS), The Role of the Department of Defense During A Flu Pandemic (PDF — 252K)
+National Emergency Management Association (NEMA), Emergency Management Assistance Compact (EMAC)
"EMAC, the Emergency Management Assistance Compact, is a congressionally ratified organization that provides form and structure to interstate mutual aid. Through EMAC, a disaster impacted state can request and receive assistance from other member states quickly and efficiently, resolving two key issues upfront: liability and reimbursement. The EMAC mutual aid agreement and partnership between the member states exist because from hurricanes to earthquakes, wildfires to toxic waste spills, and terrorist attacks to biological and chemical incidents, all states share a common enemy: the threat of disaster.
"EMAC is the first national disaster-relief compact since the Civil Defense and Disaster Compact of 1950 to be ratified by Congress. The strength of EMAC and the quality that distinguishes it from other plans and compacts lies in its governance structure, its relationship with federal organizations, states, counties, territories, & regions, and the ability to move just about any resource one state has to assist another state, including medical resources."—What is EMAC?
+Swendiman, Kathleen S.; Nancy Lee Jones; Congressional Research Service (CRS), The 2009 Influenza Pandemic: Selected Legal Issues (PDF — 460K)
"This report provides a brief overview of selected legal issues including emergency measures, civil rights, liability issues, and employment issues.
There are a number of emergency measures which may help to contain or ameliorate an infectious disease outbreak. The Public Health Service Act, the Federal Food, Drug, and Cosmetic Act, the National Emergencies Act, and the Stafford Act contain authorities that allow the Secretary of Health and Human Services or the President to take certain actions during emergencies or disasters. While the primary authority for quarantine and isolation in the United States resides at the state level, the federal government has jurisdiction over interstate and border quarantine. The federal government also issues recommendations regarding such activities as school closures and vaccination programs. States and local governments have the authority to initiate emergency measures such as mandatory vaccination orders and certain nonpharmaceutical interventions such as school closures, which may lessen the spread of an infectious disease. The International Health Regulations adopted by the WHO in 2005 provide a framework for international cooperation against infectious disease threats." — Introduction
+United States Federal Emergency Management Agency (FEMA), National Response Framework (NRF) Resource Center
+United States Government Accountability Office (GAO), Actions Taken to Implement the Post-Katrina Emergency Management Reform Act of 2006 (PDF — 1.5M)