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Emergency Management Planning

PLAN 4015/6015: Presidential Disasters
Anuradha Mukherji
Assistant Professor of Urban and Regional Planning
PRESIDENTIAL DISASTER DECLARATIONS

Presidential disaster declarations are an important instrument of
policy and politics in emergency management
1. Disaster Relief Act of 1950 and Stafford Act of 1988 gave the
     president the authority to issue a disaster declaration for
     disaster caused by terrorism or natural or technological hazard
2. Stafford Act enhanced presidential declaration authority by
     imposing fewer restrictions on types of disasters for declaration
3. Presidential authority further centralized and increased after
     9/11 by defining presidential declaration authority as a national
     security instrument (not the case earlier)
4. So all major disasters, emergencies, and catastrophic incidents
     declared by the president are now incidents of national
     significance under the NRF (National Response Framework)
SIGNIFICANCE OF CHANGES


1.   President now has vast authority to mobilize federal, state and
     local resources
2.   Because major disasters and emergencies are now defined as
     incidents of national significance, emergency management is
     an issue of national security (link to earlier discussion on the
     back and forth between civil defense and natural disasters)
3.   Terrorism has assumed more importance under the current
     framework and other types of disasters occupy diminished
     positions within homeland security (though Hurricane Katrina
     and Sandy might have swung the pendulum back a bit)
PRESIDENTIAL DISCRETION
1.   Presidential discretion – the discretion to interpret broadly or
     narrowly what can be declared as a major disaster or
     emergency and is made on case-by-case basis
2.   The declaration legitimizes the disaster and provides federal
     assistance to supplement state and local efforts and resources
3.   Declaration happens through a chain of command – governor
     sends request to regional FEMA director, who reviews and sends
     recommendation to FEMA headquarters in Washington DC
4.   Final recommendation to the President – approve or reject –
     made after consulting with governor(s) and Secretary of
     Homeland Security (since 2002)
5.   President may or may not follow recommendation or FEMA’s
     assessment criteria
6.   Governor can petition the president directly for declaration to
     expedite the process
7.   President can issue declaration even before a governor asks for it
8.   President can approve a governor’s request for emergency but
     elevate it to a major disaster later (e.g., 9/11 attacks in New York)
DECLARATION PROCESS
1.   Governor provides info to FEMA on severity and magnitude of
     disaster and amount of state and local resources committed to it
2.   Governors have to demonstrate to FEMA that the state is unable
     to respond adequately and so federal assistance is needed –
     most controversial part
3.   Governors claim that state budget limitations make it impossible
     to respond adequately OR that they do not have reserve funds
     to pay for the costs of the response
4.   Ability to judge ‘unable to adequately respond’ complicated by
     new media coverage, political pressures on both FEMA officials
     and president by legislators, and by difficulty of calculating state
     and local disaster response
5.   So disaster declarations can be made without documentary
     evidence that the disaster has met FEMA criteria
6.   FEMA determines the amount and type of assistance
7.   State and local governments are expected to share percentage
     of rebuilding costs, although the president can waive that
8.   So each declaration identifies the counties eligible to receive
     federal dollars and the types of assistance (e.g., cash grants,
     housing assistance, emergency medical aid, unemployment
     assistance, assistance to rebuild public facilities & infrastructure)
POLITICAL SUBJECTIVITY

1.   Political subjectivity in presidential declarations - not perhaps for
     large catastrophic disasters, more in case of marginal disasters
2.   Distributive politics & news media coverage come into play
3.   Often pressure from members of Congress whose districts
     affected (e.g., senators and representatives petition the
     President as a state delegation to press for declaration)
4.   States with frequent disasters get more federal assistance for re-
     development – other legislators think that they have ‘gamed’
     the system
MAJOR PLAYERS
1.   President – Wide discretion, Declarations an instrument of
     political power, states politically important may get higher
     declarations
2.   Secretary of Department of Homeland Security (DHS), Cabinet
     member
3.   Director, FEMA – Sends recommendation to President, FEMA
     spending during declarations not to exceed USD 5 million, If it
     does, President notifies Congress that the cap will be exceeded
4.   Congress – Power to approve emergency supplemental
     appropriation to re-capitalize the Disaster Relief Fund, especially
     during mega disaster that swallows up the money in the fund,
     emergency supplement need to be enacted into law and
     usually comes with pork benefits
5.   Governors – Have to demonstrate ‘unable to respond’, due to
     vague language in the Stafford Act this can mean budget
     limitations, lack of supplies or reserve funds, ‘play the game’
6.   News Media – Camcorder polities, 24/7 media coverage of
     events, complicates presidential assessments, political officials
     seek opportunities to be filmed at disaster sites to show
     compassion

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Emergency Management Planning - Presidential Disasters

  • 1. Emergency Management Planning PLAN 4015/6015: Presidential Disasters Anuradha Mukherji Assistant Professor of Urban and Regional Planning
  • 2. PRESIDENTIAL DISASTER DECLARATIONS Presidential disaster declarations are an important instrument of policy and politics in emergency management 1. Disaster Relief Act of 1950 and Stafford Act of 1988 gave the president the authority to issue a disaster declaration for disaster caused by terrorism or natural or technological hazard 2. Stafford Act enhanced presidential declaration authority by imposing fewer restrictions on types of disasters for declaration 3. Presidential authority further centralized and increased after 9/11 by defining presidential declaration authority as a national security instrument (not the case earlier) 4. So all major disasters, emergencies, and catastrophic incidents declared by the president are now incidents of national significance under the NRF (National Response Framework)
  • 3. SIGNIFICANCE OF CHANGES 1. President now has vast authority to mobilize federal, state and local resources 2. Because major disasters and emergencies are now defined as incidents of national significance, emergency management is an issue of national security (link to earlier discussion on the back and forth between civil defense and natural disasters) 3. Terrorism has assumed more importance under the current framework and other types of disasters occupy diminished positions within homeland security (though Hurricane Katrina and Sandy might have swung the pendulum back a bit)
  • 4. PRESIDENTIAL DISCRETION 1. Presidential discretion – the discretion to interpret broadly or narrowly what can be declared as a major disaster or emergency and is made on case-by-case basis 2. The declaration legitimizes the disaster and provides federal assistance to supplement state and local efforts and resources 3. Declaration happens through a chain of command – governor sends request to regional FEMA director, who reviews and sends recommendation to FEMA headquarters in Washington DC 4. Final recommendation to the President – approve or reject – made after consulting with governor(s) and Secretary of Homeland Security (since 2002) 5. President may or may not follow recommendation or FEMA’s assessment criteria 6. Governor can petition the president directly for declaration to expedite the process 7. President can issue declaration even before a governor asks for it 8. President can approve a governor’s request for emergency but elevate it to a major disaster later (e.g., 9/11 attacks in New York)
  • 5. DECLARATION PROCESS 1. Governor provides info to FEMA on severity and magnitude of disaster and amount of state and local resources committed to it 2. Governors have to demonstrate to FEMA that the state is unable to respond adequately and so federal assistance is needed – most controversial part 3. Governors claim that state budget limitations make it impossible to respond adequately OR that they do not have reserve funds to pay for the costs of the response 4. Ability to judge ‘unable to adequately respond’ complicated by new media coverage, political pressures on both FEMA officials and president by legislators, and by difficulty of calculating state and local disaster response 5. So disaster declarations can be made without documentary evidence that the disaster has met FEMA criteria 6. FEMA determines the amount and type of assistance 7. State and local governments are expected to share percentage of rebuilding costs, although the president can waive that 8. So each declaration identifies the counties eligible to receive federal dollars and the types of assistance (e.g., cash grants, housing assistance, emergency medical aid, unemployment assistance, assistance to rebuild public facilities & infrastructure)
  • 6. POLITICAL SUBJECTIVITY 1. Political subjectivity in presidential declarations - not perhaps for large catastrophic disasters, more in case of marginal disasters 2. Distributive politics & news media coverage come into play 3. Often pressure from members of Congress whose districts affected (e.g., senators and representatives petition the President as a state delegation to press for declaration) 4. States with frequent disasters get more federal assistance for re- development – other legislators think that they have ‘gamed’ the system
  • 7. MAJOR PLAYERS 1. President – Wide discretion, Declarations an instrument of political power, states politically important may get higher declarations 2. Secretary of Department of Homeland Security (DHS), Cabinet member 3. Director, FEMA – Sends recommendation to President, FEMA spending during declarations not to exceed USD 5 million, If it does, President notifies Congress that the cap will be exceeded 4. Congress – Power to approve emergency supplemental appropriation to re-capitalize the Disaster Relief Fund, especially during mega disaster that swallows up the money in the fund, emergency supplement need to be enacted into law and usually comes with pork benefits 5. Governors – Have to demonstrate ‘unable to respond’, due to vague language in the Stafford Act this can mean budget limitations, lack of supplies or reserve funds, ‘play the game’ 6. News Media – Camcorder polities, 24/7 media coverage of events, complicates presidential assessments, political officials seek opportunities to be filmed at disaster sites to show compassion