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SECTION 2
Institutional Context for
Emergency Response
Emergency Response Authorities
At the federal level, public laws are the governing authorities for other directives, policies, and
guidance. Figure 1 illustrates this relationship.
Public Laws Governing Homeland Security
and Emergency Management
The key laws implementing Homeland Security policy are as follows (see Appendix B for more
details):
· Homeland Security Act of 2002 (6 U.S.C. 101),
· Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122),
· USA PATRIOT Act of 2001 (42 U.S.C. 5195c[e]), and
· Emergency Management Assistance Compact (EMAC) (PL-104-321, 1996).4
Numerous other laws are cited as authorities for various Homeland Security Presidential
Directives (HSPDs) and other policy documents, but the four identified above are the key ones.
The List of Authorities and References component of the National Response Framework (NRF,
2008) provides a more complete list.
Homeland Security Presidential Directives
The HSPDs are directive in nature and must be implemented in other formats, generally policy
documents and/or guidelines. The requirements of these directives and implementing mechanisms
are voluntary to state, territorial, tribal, and local governments (but note that typically the entity
must comply to qualify for federal disaster relief compensation). Indeed, the HSPDs provide spe-
cific schedules for incremental compliance. The three relevant HSPDs are as follows:
· HSPD-5, Management of Domestic Incidents--created the National Incident Management
System and the National Response Plan (the latter was later replaced by the National Response
Framework), as shown in Figure 1.
· HSPD-7, Infrastructure Identification, Prioritization, and Protection--led to the National
Infrastructure Protection Plan (NIPP).
· HSPD-8, National Preparedness--led to creation of a National Preparedness Goal, which
was implemented in the form of the National Preparedness Guidelines (NPG) document and
several other guidelines.
4
For more information on EMAC, see (EMAC, 2008) and (NEMA, 2008).
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