Certificate in National Preparedness and Homeland Security
Federal and International Course
 
 
The table below provides links to materials which are relevant and applicable across all of the courseware in this program. For ease of access, this table is reproduced on every page of each lesson.
 
 Materials
 Web Sites   Glossary   Bibliography   Formulas   Tables   Media 
 Resources   Maps   Documents   News   GIS   Careers 
 
The Posse Comitatus Act
  • 18 U.S.C. § 1385
  • Passed 1878, last amended (2002)
  • Limits the ability of government to use the military in an active law enforcement role within the US
  • Applies explicitly to the Army, Navy, and Marine Corps (now extended to the Air Force and Space Command)
Exemptions
  • Coast Guard (unless federalized)
  • National Guard units (state militia) operating under the authority of a state governor (not federalized)
  • Troops deployed under The Insurrection Act (10 U.S.C. §§ 331-335)(2002) - “Authorizes the President to direct the armed forces to enforce the law to suppress insurrections and domestic violence. Military forces may be used to restore order, prevent looting, and engage in other law enforcement activities.”
  • 10 U.S.C. §§ 371-381 authorizes the Department of Defense to use military assets in support of counter-narcotics, immigration, and tariff enforcement
Active Support
  • Search, seizure, and arrest of subjects must be carried out by civilian law enforcement (or Reserves). In the case of the Canadian border, Mounties co-patrol
Passive Support
  • Providing supplies, equipment, training, facilities, and certain types of intelligence information (aerial recon, drones, satellite imagery, etc.)
  • Involvement in planning & execution of civilian HS/EM operations (exercises, training, etc.)
Other Legislation
  • 1803 - Congress Passes first disaster relief act to provide assistance to New Hampshire Town
  • 1930 - Reconstruction Finance Corporation & Bureau Public Roads
    • Building critical infrastructure
    • Eisenhower Interstate System
    • Disaster Loans
  • Flood Control Act of 1934
    • Grants Army Corps of Engineers authority for flood control projects
WWII & Civil Defense
  • Creation of Federal Civil Defense Administration
  • Civilian Air Raid Wardens given authority to enforce blackouts
  • Funds public warning infrastructure
  • Most emergency management functions contained at the state and local levels
  • DoD Office of Defense Mobilization authorized to perform broad “emergency preparedness” functions
 
Post WWII
  • 1958 - Merger of CDA and ODM into Office of Civil Defense and Mobilization Natural disasters handled on a case-by-case basis
An Increased Focus on Recovery
  • National Flood Insurance Act of 1968
  • National Flood Insurance Program
  • Community based mitigation
  • Changed building codes and zoning laws to prevent construction in hazardous areas
  • National Profile of EM shifts to “All Hazards” approaches
  • Federal role increasingly moves towards coordination and oversight rather than direct involvement
  • Multi-Agency approach involves: Dept. of Commerce, GSA, Treasury, NRC, DoD, and HUD
FEMA Establishment
  • 1978 - President Carter signs Congress Reorganization Plan Number 3 stating his intent to create FEMA
  • 1979 - President Carter signs Executive order 12127, establishing FEMA
  • 1979 - Executive Order 12148 reorganizes functions of agencies to consolidate resources within FEMA
  • Components:
    • Defense Civil Preparedness Agency (DoD)
    • Federal Disaster Assistance Administration (HUD)
    • Federal Preparedness Agency (GSA)
    • Nuclear Regulatory Commission (DoE)
  • FEMA becomes involved in Love Canal incident
  • FEMA moves from “All Hazards” approach to Civil Defense with change in Cold War postures
    • Responsible for Continuity of Government
    • Increased funding for WMD mitigation
    • Builds fallout shelters
The Clinton Years
  • 1995: Presidential Decision Directive (PDD) 39 defines roles:
    • FBI handles crisis management
    • FEMA handles consequence management
  • 1998: PDD 62 changes approach to counterterrorism
  • 1998: PDD 63 makes critical infrastructure and key resource protection a priority
  • 1998: PDD 67 changes policies relating to continuity of government operations
    • James Witt appointed as FEMA Director
    • Move to All Hazards scope
 
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