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APPENDIX B
Emergency Response
Legal Authorities
Name Description
Public Laws
Homeland Security This Act created the Department of Homeland Security and,
Act of 2002 (6 among other things, defined first responder (see
U.S.C. 101) definitions in Appendix D). This is the primary authority for
Homeland Security Presidential Directive (HSPD) Number 5
(these are discussed in the next subsection) and a major
supporter of HSPD-8.
Robert T. Stafford Established the authority for federal assistance to state,
Disaster Relief and [territorial,] tribal, and local governments affected by a
Emergency major disaster or emergency. This is another authority for
Assistance Act HSPD-8 and for other emergency assistance policies and
(42 U.S.C. 5122) procedures.
USA PATRIOT Act Created the authority to protect and defend critical
of 2001 (42 U.S.C. infrastructure and other security authorities and is a basis
5195c(e)) for HSPD-7.
PL-104-321, 1996 Law ratified the Emergency Management Assistance
Compact (EMAC) national interstate mutual-aid agreement
that provides supplemental support to that provided by
federal agencies (mainly FEMA and FHWA for
transportation). All 50 states, the District of Columbia,
Puerto Rico, and the U.S. Virgin Islands have adopted by
law EMAC. EMAC support is also available to local
agencies if the state has passed intrastate laws permitting
as much.
Homeland Security Presidential Directives
HSPD-5, Purpose: "To enhance the ability of the United States to
Management of manage domestic incidents by establishing a single,
Domestic Incidents comprehensive national incident management system." It
created the National Incident Management System and the
National Response Plan; the latter has been replaced by
the National Response Framework.
HSPD-7, "This directive establishes a national policy for Federal
Infrastructure departments and agencies to identify and prioritize United
Identification, States critical infrastructure and key resources and to
Prioritization, and protect them from terrorist attacks." This led to the National
Protection Infrastructure Protection Plan.
HSPD-8, National "This directive establishes policies to strengthen the
Preparedness preparedness of the United States to prevent and respond
to threatened or actual domestic terrorist attacks, major
disasters, and other emergencies by requiring a national
domestic all-hazards preparedness goal, establishing
mechanisms for improved delivery of Federal preparedness
assistance to State and local governments, and outlining
actions to strengthen preparedness capabilities of Federal,
State, and local entities." This 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.
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