Disaster Warnings

There are huge technical differences between the terms "Warning" and "Alerting" and "notification" and "mobilization"! Largely based on the seminal research of Dr. Dennis Mileti, PhD in Sociology and largely paid for by the Department of Defense and the Nuclear Power Industry, this somewhat dated research is still relevant until superseded by more current research will will have to encompass WEB 2.0 and the new social media. After 9/11/2001 however based on assessments of need a PUBLIC Private Partnership was funded by the US government to develop a national warning strategy. That strategy is posted on the baseline document section of this blog. It should be required reading for all in Homeland Security and Emergency Management. There is also an implementing Executive Order!

Executive Order 13407 of June 26, 2006, Public Alert and Warning System; published at 71 Fed. Reg. pp 36975-6, on Wednesday, June 28, 2006.

The Executive Order delegates all of its authority directly to the Secretary DHS and this blogger is not sure how it has been redelegated within DHS. Section 5 of the order is quite interesting. It reads:
Se.5. Amendment, Revocation, and Transition.

(a)Section 3(b)(4) of Executive Order 12472 of April 3, 1984, as amended, is further amended by striking "Emergency Broadcast System" and inserting in lieu thereof "Emergency Alert System".

(b) Not later than 120 days after the date of this order, the Secretary of Homeland Security, after consultation with the Assistant to the President for Homeland Security and Counterrorism {Fran Townsend at time],shall issue guidance under section 2(c) of this order that shall address the subject matter of the presidential memorandum of September 15, 1995, for the Director, Federal Emergency Management Agency, on Presidential Communications with the General Public During Periods of National Emergency, and upon issuance of such guidance such memorandum is revoked.

(c) The Secretary of Homeland Security shall ensure an orderly and effective transition, without loss of capability, from alert and warning systems available as of the date of this order to the public alert and warning system for which this order provides."

In the meantime a quick survey of DHS/FEMA obligations on warning is useful. A mandate that used to be to FEMA alone is now unclear do to lack of delegations being published by the Secretary DHS. So here goes:

LEGAL REFERENCES TO WARNING, THREATS, AND PUBLIC INFORMATION

IN THE ROBERT T. STAFFORD ACT DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT (CODIFIED AS CHAPTER 68 OF TITLE 42 OF THE U.S. CODE)

[It should be noted that the Stafford Act, Public Law 100-707, amended in part, superseded in part and supplemented in part the Disaster Relief Act of 1974 (Public Law 93-288); all of the above codified at 42 USC Sections 5121 and following]

SUBCHAPTER II -- DISASTER PREPAREDNESS ASSISTANCE DISASTER WARNINGS
(42 U.S.C. §5132)
§202.

(a) The President shall insure that all appropriate Federal agencies are prepared to issue warnings of disasters to State and local officials.

(b) The President shall direct appropriate Federal agencies to provide technical assistance to State and local governments to insure that timely and effective disaster warning is provided.

(c) The President is authorized to utilize or to make available to Federal, State, and local agencies the facilities of the civil defense communications system established and maintained pursuant to §611(d) of the Act [42 U.S.C. §5196(d)], or any other Federal communication system for the purpose of providing warning to governmental authorities and the civilian population in areas endangered by disasters.

(d) The President is authorized to enter into agreements with the officers or agents of any private or commercial communications systems who volunteer the use of their systems on a reimbursable or nonreimbursable basis for the purpose of providing warning to governmental authorities and the civilian population endangered by disasters.

SUBCHAPTER IV -- MAJOR DISASTER ASSISTANCE PROGRAMS GENERAL FEDERAL ASSISTANCE
(42 U.S.C. §5170a)
§402. In any major disaster, the President may --- . . . . . .

(3) provide technical and advisory assistance to affected State and local government for - 

(B) issuance of warnings of risks of hazards; . . .

ESSENTIAL ASSISTANCE
42 U.S.C. §5170b)

§403 (a) In General. Federal agencies may on the direction of the President, provide assistance to meeting immediate threats to life and property resulting from a major disaster, as follows:

(3) Work and Services to Save Lives and Protect property. Performing on public or private lands or waters any work or services essential to saving lives and protecting and preserving property or public health and safety, including ---

(F) warning of further risks and hazards;

(G) dissemination of public information and assistance regarding health and safety measures;

(H) provision of technical advice to State and local governments on disaster management and control; and

(I) reduction of immediate threats to life, property, and public health and safety.

EMERGENCY COMMUNICATIONS
(42 U.S.C. §5185)
§418. The President is authorized during, or in anticipation of, an emergency or major disaster to establish temporary communications systems and to make such communications available to State and local government officials and other persons as he deems appropriate.

TITLE VI -- EMERGENCY PREPAREDNESS
SUBTITLE A -- POWERS AND DUTIES

§611(d) Communications and Warnings.

The Director may make appropriate provision for necessary emergency preparedness communications and for dissemination of warnings to the civilian population of a hazard.

§611(g) Public Dissemination of Emergency Preparedness Information.

The Director may publicly disseminate appropriate emergency preparedness information by all appropriate means.