Case study 4 Case 7.2: The Homeland Security Act of 2002

The Homeland Security Act (2002)
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The Homeland Security Act (2002)
General Questions
1. Why is statutory authority important to disaster management?
No emergency or disaster management system can function effectively without statutory authority. For this reason, priority should be given to a statutory authority since it determines whether all parties are eligible for disaster management, offers the legal support required in the implementation of these programs, and defines the disaster plans appropriately. The statutory authority also establishes the activities and source of funding of disaster programs. Overall, the government agency has no power to respond to emergencies without statutory authority in place.
2. Is the Stafford Act an effective piece of legislation? Why or why not?
The Robert Stafford Act of 1988 is an effective legislation. First, it emphasizes hazard mitigation via grant programs. Second, it offers funds for local and state governments to restore normalcy in areas affected by disasters. Third, the Stafford Act allows the federal government to assist individuals affected by a disaster without any restriction based on its cause. Most importantly, it established a legislative framework to enact and implement an effective response plan, which is used to combat a severe disaster when it occurs. Based on all these reasons, the Stafford Act is effective since it shows the way forward in how different stakeholders should come together to eliminate the adverse effects of a disaster.
3. 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?
In most cases, the local government, through a mayor and the state government through the governor, are the ones who request assistance from the federal government. Upon request, the president holds a meeting with the Federal Emergency Management Agency (FEMA) and officials of Homeland Security so that they can decide the way forward. Nevertheless, the federal government can intervene and respond to a disaster in a state without the request from the governor. The most significant thing for the national government is not to get a request from the governor, but to ...