Chapter 7: Statutory Authority Chapter Outline


Pre-disaster Mitigation Program Reauthorization Act of 2003



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Pre-disaster Mitigation Program Reauthorization Act of 2003

Congress is taking steps to continue efforts towards pre-disaster mitigation. In the 108th Congressional session, the U.S. House of Representatives worked to amend the three year deadline to the HGMP, and extended the deadline to September 30, 2005. The Pre-disaster Mitigation Program Reauthorization Act of 2003, H.R. 3181, sought to extend the Disaster Mitigation Act for three years, (and to restore the HMGP formula to 15%). The U.S. House of Representatives referred H.R. 3181, Pre-disaster Mitigation Program Reauthorization Act of 2003, to House committee on November 4, 2003; The bill was then referred to the Senate Committee on Environment and Public Works on December 9, 2003. However, because Congress adjourned without voting on the bill, it did not move forward. In December of 2004, a one-year extension of the PDM program was included in the Omnibus Appropriations bill.



Conclusion

Federal mitigation policies have grown significantly during the last fifty years. The most significant change has been the shift towards vulnerability reduction at the community level. Mitigation policy has begun to move away from the treatment of individual disasters towards more comprehensive programs supporting hazards risk assessment. With such tools at their service, communities are better able to define their needs accurate in relation to the portfolio of risks they face.


Federal mitigation policy has also sought to treat hazards before disasters occur rather then taking those same mitigation actions only as a reactionary measure. Under such policies, towns and cities must no longer suffer needlessly before State and Federal Government support is provided. With the benefit of hazards risk assessments, communities can identify these hazard risks and reduce them without needing to have an established history of disaster events. Several communities have already reaped the benefits of pre-disaster mitigation, and their increased resilience paid off in lives saved and property preserved.
Unfortunately, because pre-disaster mitigation funding is still very new, and only limited research exists on the absolute monetary benefits it provides, some communities may be skeptical of committing funds to its practice despite evidence that suggests cost-effectiveness. However, as more programs are funded, and more disasters are mitigated as a result, these figures will become available. In 2005, the argument for pre-disaster mitigation received a significant boost when a report was released by the Multihazard Mitigation Council (MMC), a public/private partnership designed to reduce the economic and social costs of natural hazards. The Council proclaimed “money spent on reducing the risk of natural hazards is a sound investment” (MMH, 2005). The MMC study determined that, on average, every dollar that FEMA had spent on hazard mitigation had produced about $4 in future benefits. What is more impressive is that these results are not limited purely to the financial consequences. According to the study, FEMA’s mitigation grants were directly linked to the prevention of an estimated 220 lives, and also appear to have prevented almost 4,700 injuries.
Armed with these findings, more emergency managers will be able to convince their constituents, and their community executives, that pre-disaster mitigation is as sound an investment as those managers have long believed. Such findings will also be key to furthering the drive towards Federally- and state-supported mitigation policies. After all, with an 300% observed rate of return, investment in pre-disaster mitigation is a fantastic sell.

References
Bea, Keith. 2000. Disaster Mitigation Assistance Bills in the 106th Congress: Comparison of Provisions. Congressional Research Service Report RL30543. May 5.
Bea, Keith. 2003. Federal Disaster Policies after Terrorists Strike: Issues and Options. New York. Nova Science Publishers, Inc.
Dacy, Douglas and Howard Kunreuther. 1969. The Economics of Natural Disaster: Implications for Federal Policy. New York. The Free Press.
FEMA. N/D. “Mitigation Grant Programs: List of Fiscal Year 2003 Pre-Disaster Mitigation Competitive Grant Recipients.” FEMA Website. www.fema.gov/fima/pdmclist.shtm
FEMA 2. N/D. “Pre-Disaster Mitigation Loans for Small Businesses.” FEMA Website. http://www.fema.gov/fima/planning_sba_loan.shtm
Godschalk, David R., Timothy Beatley, Philip Berke, David Brower, and Edward Kaiser. 1999. Natural Hazard Mitigation: Recasting Disaster Policy and Planning. Washington, DC. Island Press.
Government Accountability Office (GAO). 2002. “Hazard Mitigation: Proposed Changes to FEMA’s Multihazard Program Present Challenges.” Washington, DC. September. http://www.gao.gov/new.items/d021035.pdf
Haddow, George and Jane Bullock. 2003. Introduction to Emergency Management. New York. Butterworth Heinemann.
Huffman, James. 1986. Government Liability and Disaster Mitigation: A Comparative Study. Lanham, MD. University Press of America, Inc.
Leinwand, Donna, and Gregg Zoroya. 2004. “Hurricane’s Toll Grows Heavier in Eastern USA.” USA Today. September 20. http://usatoday.com/weather/hurricane/2004-09-20-ivan-1a_x.htm
Mileti, Dennis S. 1999. Disasters by Design: A Reassessment of Natural Hazards in the United States. Washington, DC. Joseph Henry Press.
Multihazard Mitigation Council (MMC). 2005. Natural Hazard Mitigation Saves: An Independent Study to Assess the Future Savings from Mitigation Activities. Volume 1. http://nibs.org/MMC/MitigationSavingsReport/Part1_final.pdf
National Earthquake Hazard Reduction Program (NEHRP). 2004. What is an Earthquake? November 22. http://www.fema.gov/hazards/earthquakes/nehrp/earthquake_backgrounder.shtm
Perry, Charles A. 2000. Significant Floods in the United States During the 20th Century – USGS Measures a Century of Floods. United States Geological Survey (USGS) Fact Sheet 024-00. March.
Science Daily. 2005. USGS Measures a Century of Floods. May 12. http://www.sciencedaily.com/releases/2000/05/000512083928.htm
Small Business Administration (SBA). N/D. “Pre-Disaster Mitigation Loan Program.” SBA Website. http://www.sba.gov/disaster_recov/loaninfo/pre_disaster_mitigation.html
United States Congress. 2000. “Disaster Mitigation Act of 2000.” Public Law 106-390. October 30. http://www.dem.dcc.state.nc.us/PA/Assets/Forms/dma2000.pdf
United States Senate. 2000. “Disaster Mitigation Act of 1999.” S. 1691. May 17. http://thomas.loc.gov/cgi-bin/query/D?r106:3:./temp/~r106fPPlYP:
Wachtendorf, Tricia. 2000. “Building Community Partnerships Toward a National Mitigation Effort.” Disaster Research Center. Newark, DE. University of Delaware.
Image 7.3.1: House Raised to Mitigate Flood Risk

Source: FEMA - http://www.fema.gov/fima/planning.shtm



Additional Sources of Information on NEHRP
FEMA NEHRP Home Page - http://www.fema.gov/hazards/earthquakes/nehrp/
SAC Steel Project: http://www.sacsteel.org/project/index.html
The NEHRP Coalition - http://www.nehrp.org/
Earthquake Engineering Research Institute (EERI) Position on NEHRP Reauthorization - http://www.eeri.org/news/nehrp/
USGS Earthquake Hazards Program “Largest Earthquakes in the United States” http://neic.usgs.gov/neis/eqlists/10maps_usa.html
USGS Earthquake Home Page - http://earthquake.usgs.gov/
HAZUS - http://www.fema.gov/hazus/
Additional Sources of Information on the Homeland Security Act of 2002
Department of Homeland Security – www.dhs.gov
White House Homeland Security Page - http://www.whitehouse.gov/homeland/
Full Text of the Act - http://www.google.com/url?sa=U&start=5&q=http://news.findlaw.com/hdocs/docs/terrorism/hsa2002.pdf&e=10313
GAO Report on Nunn Lugar Domenici Act - http://www.google.com/url?sa=U&start=1&q=http://www.gao.gov/cgi-bin/getrpt%3FGAO/T-NSIAD-99-16&e=10313
Terrorism Annex to the Federal Response Plan (Now the National Response Plan) http://www.google.com/url?sa=U&start=1&q=http://www.fas.org/irp/offdocs/pdd39_frp.htm&e=10313
FEMA September 11, 2001 Terrorist Attack Page - http://www.fema.gov/diz01/d1391.shtm
Additional Sources of Information on DMA 2000
SBA Pre-disaster mitigation program - http://www.sba.gov/disaster_recov/loaninfo/pre_disaster_mitigation.html
DMA 2000 Planning Resources

http://www.fema.gov/fima/resources.shtm
Approved Hazard Mitigation Plans http://www.fema.gov/fima/approved_plans.shtm
Full List of 2003 Approved PDM Projects http://www.fema.gov/fima/pdmclist.shtm
FEMA Mitigation Division Website - http://www.fema.gov/fima/

Glossary of Terms
ASCE Standard – Building or other engineering / architectural code accepted by the American Society of Civil Engineers
Microzonation - The identification of separate individual areas having different potentials for hazardous earthquake effects
Modified Mercalli Intensity Scale - a scale used to classify the intensity of an earthquake by examining its effects on people and structures at the Earth's surface. It was created by Italian volcanologist Giuseppe Mercalli in 1902. It is often used to classify the magnitude of historical earthquakes that occurred before seismic measurements were possible.
Richter Scale – A logarithmic scale, invented in 1935 by United States geophysicist Charles Richter, for representing the energy released by earthquakes
Sarin – a man-made chemical warfare agent classified as a nerve agent
WMD – Weapon of Mass Destruction – Refers to a weapon designed to kill or injure large numbers of people. These weapons tend to be made out of Nuclear, radiological, biological, chemical, or highly explosive materials.

Acronyms
ASCE – American Society of Civil Engineers

ATF – Bureau of Alcohol, Tobacco, and Firearms

BTS – Border and Transportation Security

CBP – U.S. Customs and Border Protection

CIA – Central Intelligence Agency

CUREe – California Universities for Research in Earthquake Engineering

DHS – Department of Homeland Security

DOJ – Department of Homeland Security

EERI – Earthquake Engineering Research Institute

EP&R – Emergency Preparedness and Response

FEMA – Federal Emergency Management Agency

FBI – Federal Bureau of Investigation

FOIA – Freedom of Information Act

FRP - Federal Response Plan

GAO – General Accounting Office / Government Accountability Office

HAZUS – Hazards U.S.

HAS – Homeland Security Act

HMGP – Hazard Mitigation Grant Program

HSARPA - Homeland Security Advanced Research Projects Agency

HSOC – Homeland Security Operations Center

HSPD – Homeland Security Presidential Directive

IAIP – Information Analysis and Infrastructure Protection

NEES – Network for Earthquake Engineering Simulation

NEHRP – National Earthquake Hazards Reduction Program

NESW – National Earthquake Strategy Working Group

NEP – National Earthquake Loss Reduction Program

NHSA – National Homeland Security Agency

NIMS – National Incident Management System

NIST – National Institute for Standards and Technology

NSA – National Security Agency

NSF – National Science Foundation

OIG – Office of the Inspector General

OSTP – Office of Science and Technology Policy

PBSD – Performance Based Seismic Design

PDD – Presidential Decision Directive

PDM – Pre-Disaster Mitigation

PHSAC – President’s Homeland Security Advisory Council

S&T – Science and Technology

SBA – Small Business Administration

TIPS – Terrorism Information and Prevention System

TSA – Transportation Security Administration

TTIC – Terrorist Threat Information Center

USAR – Urban Search and Rescue

USCIS - U.S. Citizenship and Immigration Services

USCNS/21 – United States Commission on National Security / 21st Century

USGS - United States Geological Survey

USSS – United States Secret Service

WMD – Weapon of Mass Destruction



Discussion Questions
General


  1. Why is statutory authority important to disaster management?




  1. Is the Stafford Act an effective piece of legislation? Why or why not?




  1. Should the Federal Government be able to intervene in the response to a disaster without a request from the governor of a state? Why or why not?




  1. In a disaster that requires response from local, State, and Federal resources, who should be in charge, and why?




  1. Is emergency and disaster management legislation event driven? Explain.


NEHRP


  1. Are earthquakes a hazard every American should spend time and money preparing for? Why or why not?




  1. Should the Federal Government be responsible for Earthquake early warning system design, funding, and operation? Explain your answer.




  1. What role do individuals play in the mitigation from the earthquake hazard in the United States?




  1. Do you believe that NIST is better equipped or better positioned to be the lead agency for NEHRP? Why or why not?




  1. What more could be done to mitigate the earthquake risk in the United States?


Homeland Security Act of 2002


  1. Was the creation of the Department of Homeland Security a knee-jerk reaction or a much needed change? Explain.




  1. In your opinion, why weren’t the recommendations of the three commissions followed until after an event like the September 11th attacks occurred?




  1. What benefits are gained by housing the 22 agencies included in DHS under one roof? What are the risks?




  1. Why do you think that FEMA was permitted to retain the FEMA name?




  1. Does the legislation behind the creation of the Department of Homeland Security give ample consideration to non-terrorist hazards?


DMA 2000


  1. Why is pre-disaster mitigation important? Is it more or less effective than post-disaster mitigation? Explain your answers.




  1. Should money allocated to mitigation be required to show a positive return in the long run? In other words, should $1 spent on mitigation be required to prevent at least $1 in future damages? Why or why not?




  1. Why are the financial costs of disasters rising while the fatalities and injuries are falling? Will there come a time where both decrease? Why or why not?




  1. Should legislation that addresses mitigation be hazard specific or address all hazards? Explain.




  1. Is moving all Federal funding into pre-disaster mitigation programs wise? Explain.



Suggested Out of Class Exercises


  1. Contact your local office of emergency management, and find out if your community has a FEMA-approved Hazard Mitigation Plan. If so, ask to view the plan, and offer your analysis to the class. If not, suggest what could be done to address your community’s hazards.




  1. Read the National Response Plan. Become familiar with its components




  1. Find out if your community is receiving grant money from the various Federal emergency management programs. Find out if there are any programs for which your community is eligible but has not applied. Help them to create a grant application or to design a program for which the funds will be applied.




  1. Choose one of the programs funded by the PDM program in 2003, and follow up on its progress (either through the media or by contacting representatives from the program). Report your findings to the class.




  1. Find out what statutory authority exists in your community for the management of disasters. Report what you find to the class.


Directory: hiedu -> docs
docs -> Course Title: Hazards Risk Management
docs -> Emergency Management & Related References On-Hand B. Wayne Blanchard, Ph. D, Cem may 24, 2007 Draft
docs -> Deadliest u. S. Disasters top fifty
docs -> 1 B. Wayne Blanchard, PhD, cem october 8, 2008 Working Draft Part 1: Ranked approximately by Economic Loss
docs -> Bibliography of Emergency Management & Related References On-Hand
docs -> Principal hazards in the united states
docs -> 1 B. Wayne Blanchard, PhD, cem september 18, 2008 Part 1: Ranked approximately by Economic Loss
docs -> Session No. 8 Course Title: Theory, Principles and Fundamentals of Hazards, Disasters, and U. S. Emergency Management Session Title: Disaster As a growth Business Time: 3 Hours Objectives
docs -> 9. 1 To better understand the driving events, public pressures, and political and policy outcomes that have shaped emergency management in the United States

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