Published on December 28, 2007
Responding to Disaster Federal, State, and Local Emergency Response for Natural Disasters and Terrorism Events: Responding to Disaster Federal, State, and Local Emergency Response for Natural Disasters and Terrorism Events Dennis McGrath Thayer School of Engineering [email protected] Responding to Natural Disaster : Responding to Natural Disaster Throughout the United States in the 1950s and 60s, complexity of disasters became more pronounced. Population increase and urbanization meant disasters in urban areas involved larger numbers of people Cities developed more sophisticated infrastructure and services (electricity, gas, sewage, public transportation, road networks) Increase of complexity required greater capabilities for emergency response. Responding to Natural Disaster : Responding to Natural Disaster Examination of post-WWII natural disasters and response efforts showed that despite some successes, relationships between state and local governments, and Federal agencies in the area of disaster assistance was not well-defined. Requests for Federal assistance had to be made through a confusing number of Federal agencies and departments, making it difficult for state governors to obtain effective help in disaster mitigation and recovery. Slide4: Alaska Quake 1964 Hurricane Camille 1969 Super Tornadoes in Ohio 1974 Blizzard of ’78, Rt. 128 Boston Coordination of Federal, State, and Local Agencies in Disaster Response, 1960-1980 : Coordination of Federal, State, and Local Agencies in Disaster Response, 1960-1980 Proved a MAJOR challenge in dealing with large-scale disasters Hurricanes and tornadoes in populated areas Camille, 1969 “Super” outbreak of tornadoes, 1974 Earthquakes Alaska, 1964 San Fernando CA, 1971 Floods Rapid City SD, 1972 Winter storms New England Blizzard of 1978 Streamlining of Federal Assistance:Establishment of FEMA : Streamlining of Federal Assistance: Establishment of FEMA Federal Emergency Management Agency (FEMA) was established in 1979 by President Jimmy Carter Response to Council of Governors’ request for a single point of contact for Federal disaster relief. Superceded Federal Disaster Assistance Administration under Housing and Urban Development (HUD) since 1972. Assigned Civil Defense responsibilities during the Cold War. End of Cold War (~1990) refocused FEMA on disaster relief and recovery. Streamlining of Federal Assistance:Establishment of FEMA : Streamlining of Federal Assistance: Establishment of FEMA FEMA has established ten regions nationwide. Each regional office has representatives of other Federal agencies (HHS, EPA, etc) as well as Defense Department liaisons These regions are depicted below: The State-Federal Relationship: The Stafford Act : The State-Federal Relationship: The Stafford Act “The Robert T. Stafford Disaster Relief and Emergency Assistance Act” Amendment of Disaster Relief Act of 1974, enacted in 1988, amended in 2000 Outlines specific responsibilities of State Governors, Federal authorities in disaster and emergency declaration, Guidelines for types of disaster assistance available, and requesting resources for disaster response, mitigation, and recovery. Specifies cost-sharing responsibilities. Requesting a Disaster Declaration: Requesting a Disaster Declaration Under the provisions of the Stafford Act, the State Governor has several obligations that must be met before requesting a Federal Disaster Declaration and Federal assistance: Must determine that the scope of effort exceeds state and local resources Must implement State Emergency Plan and meet all pertinent state legal obligations for emergency response Must complete a Preliminary Damage Assessment (PDA) either unilaterally or jointly with assistance of the FEMA Regional Director. Requesting a Disaster Declaration:: Requesting a Disaster Declaration: In accordance with the Stafford Act, the State Governor must request, in writing within 30 days, declaration of a disaster through respective FEMA region to the President of the United States. Request must include: Confirmation of Emergency Plan implementation Estimate of damages and loss impact State and local resources committed Preliminary estimates of types and amount of Federal Assistance needed Confirmation that cost sharing will be in accordance with provisions of The Stafford Act (Generally 75% Federal, 25% State and Local) Slide11: Federal Response to Request for Disaster Declaration Upon receiving Governor’s request for a disaster declaration, the President may: Declare an emergency, (smaller in scope than a declaration of major disaster) Declare a major disaster Deny the request for declaration. If a Governor requests declaration of an emergency, the President cannot declare a disaster, only an emergency Slide12: Federal Response to Request for Disaster Declaration Upon Presidential declaration of an emergency or disaster, the Director of FEMA will appoint a Federal Coordination Officer (FCO). The duty of the FCO is to ensure federal assistance is provided in accordance with requests, existing laws, and the provisions of the Stafford Act. Slide13: Federal Assistance Available Under the provisions of the Stafford Act, the Federal Government can make available to state and local relief efforts a wide variety of resources and support. These include: Equipment, supplies, facilities for temporary use Medicine and medical supplies Financial assistance (grants and loans) Food and water, consumables Work services that include: Search and Rescue Debris removal Road repair and bridge construction (required for emergency services) Temporary school facilities Structure demolition Technical advice and assistance Slide14: Military Assistance Defense Support of Civil Authorities (DSCA) :Department of Defense (“Title 10” forces) resources may be utilized in disaster response if assistance is essential work for saving life and property and is deemed outside limits of available resources. There is a ten-day time limit on the duration of such assistance. National Guard units (“Title 32”) can be mobilized at any time by presidential order to supplement regular armed forces, and upon declaration of a state of emergency by the governor of the state or territory in which they serve (In the case of Washington, D.C. guard units, the Mayor of D.C.). Slide15: Military Assistance (DSCA) Defense Support of Civil Authorities (DSCA) Assistance may include: Medical infrastructure, evacuation assistance, communications architecture, distribution of food and essential aid, technical assistance, infrastructure repair (for emergency purposes). May NOT include: Law enforcement activities restricted by Posse Comitatus Slide16: Posse Comitatus Act: Restricts members of the Army, Navy, Air Force and Marines (“Title 10” forces) from participating in arrests, searches, seizure of evidence and other police-type activity on U.S. soil except where expressly authorized by the Constitution or act of Congress. Does not apply to National Guard under control of Governor (“Title 32”). Posse Comitatus has its roots in post-Civil War employment of Federal troops in the South as law enforcement officers. Wide-scale abuses of authority and denial of civil liberties led to Act in 1878. Before September 11, 2001: Before September 11, 2001 Terrorist acts by foreigners on U.S. soil had been relatively small in scale and impact WTC bombing in 1993 killed 6, injured more than 1,000, most not critically Before September 11, 2001: Before September 11, 2001 Other terrorist activity was “home grown” Radical groups in 1970s (SLA, Weather Underground) Oklahoma City, 1995 Before September 11, 2001: Before September 11, 2001 Terror threat outside of U.S. clearly recognized before 9/11 Munich Olympics and “Black September” 1972 Murder of Italian Prime Minister Aldo Moro 1978 Marine Barracks, Beirut, Lebanon 1983 SS Achille Lauro hijacking, 1985 Pan Am Flight 103, Lockerbie, Scotland, 1988 Embassy attacks, Kenya and Tanzania, 1998 Khobar Towers, Dharan, 1998 USS Cole, 2000 Nunn-Lugar-Domenici Amendment : Nunn-Lugar-Domenici Amendment Public Law 104-201: Defense Against Weapons of Mass Destruction Act Signed into law in 1997 Stipulated the training of first responders to deal with WMD terrorist incidents. DoD began training, now under auspices of Justice Department Establishment of medical strike teams with a mass medical treatment and decontamination ability National Guard Weapons of Mass Destruction (WMD) Civil Support Teams to assist civil first responders in the event of a WMD terrorist incident. September 11, 2001: September 11, 2001 Attacks on the World Trade Center, Pentagon by Al Qaeda terrorists brought into focus threat of terrorism on U.S. soil. Post-September 11, 2001: Post-September 11, 2001 Evaluation of homeland security responsibilities post-9/11 showed 112 different federal agencies, entities, departments having some role or mission for protecting and safeguarding the homeland. Highlighted need for interagency cooperation, solid working relationships between local, state, and federal entities. Consolidation of agencies and duties was considered a requirement for effective homeland security. Integration of threat analysis, sharing of information and intelligence across Federal and down to state and municipal governments was required Increase in scope of Federal law enforcement role. Homeland Security Act of 2002: Homeland Security Act of 2002 Established Department of Homeland Security as an Executive-level Department Consolidation of widely disparate agencies and departments tasked with homeland security. (Dept of Labor, Treasury, Transportation, Justice, Interior, Revenue, etc.) Previous Office of Homeland Security became cabinet position when DHS formally began operations on March 1, 2003. Tom Ridge, former Governor of Pennsylvania, was appointed as first DHS Secretary. Original Organization of the Department of Homeland Security: Original Organization of the Department of Homeland Security DHS consolidated several existing services and organizations that had been in other Federal departments. Consolidated into DHS: US Coast Guard (From Transportation) Citizenship and Immigration (Old INS from Justice) Border and Transportation Security (Labor) US Secret Service (Treasury) DHS Reorganization February 2004: DHS Reorganization February 2004 Redistributed original DHS roles and responsibilities into major “directorates”: Directorate for Preparedness Science and Technology Management Directorate Directorate for Policy Federal Emergency Management Also establishes an Office of Intelligence and Analysis and formalizes a Military Liaison section Homeland Security Presidential Directives : Homeland Security Presidential Directives Homeland Security Presidential Directives are issued by the Oval Office on matters pertaining to Homeland Security. These directives address varied topics and issues, lay out plans and policies Threat Advisory system Immigration threats Response and mitigation of WMD Bio-defense Critical infrastructure protection Maritime Security Homeland Security Presidential Directives : Homeland Security Presidential Directives HSPD-5 “Management of Domestic Incidents” Establishes the National Incident Management System (NIMS) Designates Federal Law Enforcement as the coordinating agency when terror threat is considered imminent or an act of terrorism has occurred, to include use of WMD. Specifies that State and local law enforcement, other Federal agencies are required to assist and support Federal Law Enforcement Agents in the execution of their duties. Homeland Security Presidential Directives : Homeland Security Presidential Directives HSPD-8 “Management of Domestic Incidents” Companion document to HSPD-5 Outlines the Target Capabilities Plan Establishes the National Preparedness Goal Defines Federal response parameters, including lead-time and performance capabilities Guidance to State and Local entities on planning and resource allocation Slide30: HSPD-7 established 17 “critical infrastructures” that require protection Homeland Security Presidential Directives Banking and Financial Services Chemical Commercial Facilities Commercial Nuclear Reactors, Materials, and Waste Dams Defense Industrial Base Emergency Services Energy Food and Agriculture Government Facilities Information Technology National Monuments Postal and Shipping Public Health and Healthcare Telecommunications Transportation Water Supply and Wastewater Systems The National Response Plan : The National Response Plan The National Response Plan (last updated May 25, 2006) establishes a comprehensive all-hazards approach to enhance the ability of the United States to manage domestic incident. It forms the basis of how the federal government coordinates with state, local, and tribal governments and the private sector during incidents. Establishes protocols for: Health and safety of the public Homeland security Incident prevention Critical infrastructure protection and recovery Law enforcement investigations Mitigation of damage and property protection NRP was employed twice in 2005 Hurricane Katrina Hurricane Rita National Response Plan Framework: National Response Plan Framework National Incident Management System/Incident Command System: National Incident Management System/Incident Command System Purpose of NIMS/ICS is to standardize the command structures that emergency managers used in managing an incident. Diverse and often dysfunctional variations of emergency management did not interact effectively with other responders, or with state and federal entities rendering assistance. Model for NIMS/ICS came from California wildfire experiences in 1970s, when dozens of agencies and jurisdictions effectively worked in a unified manner to accomplish missions. National Incident Management System/Incident Command System: National Incident Management System/Incident Command System Lessons learned from Oklahoma City, 9/11, and other large incidents: Different disciplines (fire, police, medical, government, public works) often would not or could not talk. Barrier was both technical (communications, equipment) and cultural. Planning for incident management was fragmented and haphazard, lack of centralized decision-making. Agencies often worked at crossed purposes, leading to dangerous conditions for responders. Responders did not share information efficiently, nobody had a “common operational picture” or reliable situational awareness National Incident Management System/Incident Command System: National Incident Management System/Incident Command System “The NIMS provides a set of standardized organizational structures …designed to improve interoperability among jurisdictions and disciplines in various areas, …to provide a consistent nationwide approach for Federal, State, and local governments to work effectively and efficiently together to prepare for, respond to, and recover from domestic incidents, regardless of cause, size, or complexity.” National Incident Management System/Incident Command System: National Incident Management System/Incident Command System Federal entities that establish command elements in response to an emergency or disaster will organize in accordance with the functions and structure set forth by the NIMS/ICS system. This includes the national Homeland Security Operations Center (HSOC). State Emergency Operations Centers (SEOC) are also organized according to NIMS/ICS structure. They are staffed to provide for the fifteen emergency support functions (ESF) that are specified in the National Response Plan (NRP). Regional and local Incident Command should also be organized to comply with the standards of NIMS/ICS, allowing them interoperability with similar organizations at the same level of response as well as with state and Federal entities that may be requested to lend assistance. State and Local Roles in Terrorism Incident Response:: State and Local Roles in Terrorism Incident Response: The State Governor is responsible for Coordinating State resources to prevent, prepare for, respond to, and recover from incidents Incidents include terrorism, natural disasters, accidents, and other contingencies. Under certain emergency conditions, typically has police powers to make, amend, and rescind orders and regulations. . State and Local Roles in Terrorism Incident Response:: State and Local Roles in Terrorism Incident Response: Provisions of the Stafford Act apply to terrorism disasters as well as natural ones, and State Governors may request Federal assistance through Stafford as they do in a natural catastrophe. Invoking the Stafford Act still requires implementation of Emergency Plan, exercising of mutual aid agreements, other measures. State and local law enforcement, as well as Title 32 National Guard, are still responsible for enforcement of state law, local law and ordinances, and maintenance of civil order. State and local law enforcement may be required to assist Federal efforts upon request in the event of a terrorist incident of national significance. Anatomy of a Disaster Declaration:: Anatomy of a Disaster Declaration: Flooding in the Merrimack River and other rivers has sent water and ice over the river banks, causing extensive damage to Manchester, Nashua, and Concord, New Hampshire.** **Not a REAL event! So don’t worry! Anatomy of a Disaster Declaration:: Anatomy of a Disaster Declaration: 100,000 persons are displaced as damage to structures is severe. Power and water systems are out of service, and there is damage to roads and bridges. Reports of deaths range from 200-600, and there are several hundred reported missing. Anatomy of a Disaster Declaration:: Anatomy of a Disaster Declaration: The State Emergency Plan is implemented, and all available state and mutual aid resources are committed to managing the disaster. The State Emergency Operations Center is fully staffed. The Governor of New Hampshire, after consultation with local officials and emergency managers, determines that the resources required to handle the situation exceed those at the state and local level. The decision is made to request Federal assistance and make a request for a disaster declaration. The request for declaration will go through the director of FEMA Region I (Boston) to the President of the United States. Anatomy of a Disaster Declaration:: Anatomy of a Disaster Declaration: As required by the Stafford Act, the Governor and a representative from FEMA Region I will make a Preliminary Damage Assessment (PDA), and will implement the State Emergency Plan. The Governor will describe the State and local resources committed to the disaster, and make an estimate as to the type and amount of Federal assistance needed under the provisions of the Stafford Act. Anatomy of a Disaster Declaration:: Anatomy of a Disaster Declaration: Upon the recommendation of the Director of FEMA, the President declares a Disaster for the State of New Hampshire. This permits Federal assistance to the states under the provisions of The Stafford Act. FEMA Region I would establish a Joint Field Office (JFO) to coordinate federal agencies and resources, and humanitarian and charity organizations providing relief. The JFO will coordinate with the State Emergency Operations Center (SEOC) via the State Liaison Officer in the JFO to ensure unity of effort in managing the disaster. Anatomy of a Disaster Declaration:: Anatomy of a Disaster Declaration: Under The Stafford Act, the Federal share of the disaster assistance cost is delineated as follows: Essential Assistance (Saving of lives, property): 75% Repair and restoration of Public Facilities: 75% (may be reduced to 25% if second occurrence of similar damage in 10-yr period) Debris Removal: 75% Individual and Household Assistance (up to $25k per household): 75% Long-term recovery (as outlined in the National Response Plan): 75% State of New Hampshire would be obligated to contribute approximately 25% of total cost. If the state is unable to reasonably meet that obligation (due to economic impact of disaster or fiscal condition of state), the President may waive some or all of the Public Assistance obligation. Anatomy of a Disaster Declaration: Anatomy of a Disaster Declaration Likely Federal assistance for New Hampshire would include: Providing or contracting heavy equipment Temporary housing to augment established shelters Medicine and medical supplies Food and water, consumables Assistance grants Unemployment assistance Anatomy of a Disaster Declaration:Role of Other Federal Agencies: Anatomy of a Disaster Declaration: Role of Other Federal Agencies Department of Justice (FBI) will be the coordinating agency for managing and investigating terrorist incidents. In the event that the terror attack employed radiological or nuclear devices, the Department of Energy and Nuclear Regulatory Commission would assist DHS. The Department of Defense may be called for a Defense Support of Civilian Authorities (DSCA) mission in response to requests for assistance during domestic incidents to include terrorist attacks, major disasters, and other emergencies. In the event of a biological attack, Health and Human Services would be a primary contributor to the DHS effort. If the terror attack involved chemical weapons, the Environmental Protection Agency would be a key player in the management and mitigation of the effects of the attack. DHS Science and Technology Directorate: DHS Science and Technology Directorate The S&T Directorate, in partnership with the private sector, national laboratories, universities, and other government agencies (domestic and foreign), helps push the innovation envelope and drive development and the use of high technology in support of homeland security. The Directorate is focusing on enabling Border Patrol agents, Coast Guardsmen, airport baggage screeners, Federal Air Marshals, and state, local, and Federal emergency responders, as well as the many others teamed and committed to the vital mission of securing the Nation. S&T Focus Areas: S&T Focus Areas Explosives Chem/Bio Command and Control Borders/Maritime Human Factors Critical Infrastructure Where does Homeland Security Technology Come From?: Where does Homeland Security Technology Come From? Universities Academic research and “centers of excellence” National Labs Department of Energy Military Dual use technologies Private Sector The marketplace Technology Pipeline: Technology Pipeline Applied Research Basic Research Development Test and Evaluation Prototype Tech Transfer Technology Push Market Pull Time Technology Transfer: Technology Transfer The Homeland Security Industrial Complex: The Homeland Security Industrial Complex Dwight D. Eisenhower, January 1961: Dwight D. Eisenhower, January 1961 In the councils of government, we must guard against the acquisition of unwarranted influence, whether sought or unsought, by the military industrial complex. The potential for the disastrous rise of misplaced power exists and will persist. We must never let the weight of this combination endanger our liberties or democratic processes. We should take nothing for granted. Only an alert and knowledgeable citizenry can compel the proper meshing of the huge industrial and military machinery of defense with our peaceful methods and goals, so that security and liberty may prosper together. Akin to, and largely responsible for the sweeping changes in our industrial-military posture, has been the technological revolution during recent decades.In this revolution, research has become central; it also becomes more formalized, complex, and costly. A steadily increasing share is conducted for, by, or at the direction of, the Federal government. Today, the solitary inventor, tinkering in his shop, has been overshadowed by task forces of scientists in laboratories and testing fields. In the same fashion, the free university, historically the fountainhead of free ideas and scientific discovery, has experienced a revolution in the conduct of research. Partly because of the huge costs involved, a government contract becomes virtually a substitute for intellectual curiosity. For every old blackboard there are now hundreds of new electronic computers.