up to the writter
fabiguq6y
crj_420_assig_1_week_3.docx· “ Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288) as amended ”, Section 401, page 25
STAFFORD ACT > TITLE IV > § 401 Title IV -- Major Disaster Assistance Programs Sec. 401. Procedure for Declaration (42 U.S.C. 5170)*16
(a) in gEnEral - All requests for a declaration by the President that a major disaster exists shall be made by the Governor of the affected State. Such a request shall be based on a finding that the disaster is of such severity and magnitude that effective response is beyond the capabilities of the State and the affected local governments and that Federal assistance is necessary. As part of such request, and as a prerequisite to major disaster assistance under this Act, the Governor shall take appropriate response action under State law and direct execution of the State’s emergency plan. The Governor shall furnish information on the nature and amount of State and local resources which have been or will be committed to alleviating the results of the disaster, and shall certify that, for the current disaster, State and local government obligations and expenditures (of which State commitments must be a significant proportion) will comply with all applicable cost-sharing requirements of this Act. Based on the request of a Governor under this section, the President may declare under this Act that a major disaster or emergency exists.
(b) inDian tribal govErnmEnt rEqUEsts –
(1) in gEnEral - The Chief Executive of an affected Indian tribal government may submit a request for a declaration by the President that a major disaster exists consistent with the requirements of subsection (a).
(2) rEFErEncEs - In implementing assistance authorized by the President under this chapter in response to a request of the Chief Executive of an affected Indian tribal government for a major disaster declaration, any reference in this subchapter or subchapter III (except sections 5153 and 5165d of this title [Sections 310 and 326]) to a State or the Governor of a State is deemed to refer to an affected Indian tribal government or the Chief Executive of an affected Indian tribal government, as appropriate. (3) savings Provision - Nothing in this subsection shall prohibit an Indian tribal government from receiving assistance under this subchapter through a declaration made by the President at the request of a State under subsection (a) if the President does not make a declaration under this subsection for the same incident.
16. Individual assistance factors: Pub. L. 113-2, div. B, § 1109, Jan. 29, 2013, 127 Stat. 47, provides that, “In order to provide more objective criteria for evaluating the need for assistance to individuals, to clarify the threshold for eligibility and to speed a declaration of a major disaster or emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), not later than 1 year after the date of enactment of this division [Jan. 29, 2013], the Administrator of the Federal Emergency Management Agency, in cooperation with representatives of State, tribal, and local emergency management agencies, shall review, update, and revise through rulemaking the factors considered under section 206.48 of title 44, Code of Federal Regulations (including section 206.48(b)(2) of such title relating to trauma and the specific conditions or losses that contribute to trauma), to measure the severity, magnitude, and impact of a disaster.”
STAFFORD ACT > TITLE IV > § 402 (c) cost sharE aDjUstmEnts For inDian tribal govErnmEnts
(1) in gEnEral - In providing assistance to an Indian tribal government under this subchapter, the President may waive or adjust any payment of a non-Federal contribution with respect to the assistance if –
(A) The President has the authority to waive or adjust the payment under another provision of this subchapter; and
(B) The President determines that the waiver of adjustment is necessary and appropriate.
(2) c ritEria For making DEtErminations – The President shall establish criteria for making determinations under paragraph (1)(B).
**************************************************************************************************************************************************************************
· National Prevention Framework
The purpose of this page is to provide information on the National Prevention Framework. The National Incident Management System is intended to be used by the whole community. The intended audience for this page is individuals, families, communities, the private and nonprofit sectors, faith-based organizations, and local, state, tribal, territorial, insular area, and Federal governments.
Preventing terrorism cannot be done by police and intelligence officers alone. Individual citizens and businesses, for example, play important roles in information sharing and other actions related to preventing imminent terrorist attacks.
These roles and examples of prevention-related activities are covered in the first edition of the National Prevention Framework .The document provides context for how the whole community works together and how prevention is an important part of national preparedness.
It is one of the five documents in a suite of National Planning Frameworks . Each Framework covers one preparedness mission area : Prevention, Protection, Mitigation, Response or Recovery.
· National Planning Frameworks Overview
· National Prevention Framework
· National Prevention Framework Information Sheet
Focus On Imminent Terrorist Threats And Attacks
While “prevention” may be a common term, it has specific meaning in the context of the Framework and the National Preparedness Goal . The Prevention Framework covers the capabilities necessary to avoid, prevent or stop a threatened or actual act of terrorism.
Though the other Frameworks focus on all hazards, including natural disasters, the Prevention Framework focuses solely on terrorist activities—and specifically on imminent acts of terrorism on U.S. soil. Imminent means we have intelligence or information that warns of a credible, specific, and impending terrorist threat or an ongoing attack on the United States.
Terrorism-related national preparedness efforts, such as installing concrete barriers or other physical security around a building to shield it from a road-side bomb, would be covered in the other Frameworks.
The Prevention Framework can help every U.S. citizen and resident but is intended to be especially useful for government leaders and people who have a responsibility to prevent terrorist attacks on the homeland.
Core capabilities are the distinct elements needed to achieve the National Preparedness Goal. The Prevention Framework describes each of its seven core capabilities and lists critical tasks for each one. The capabilities, followed by a critical task example, are listed below.
· Intelligence and Information Sharing. Planning and Direction: Establish the intelligence and information requirements of the consumer.
· Screening, Search and Detection. Locate persons and networks associated with imminent terrorist threats.
· Interdiction and Disruption. Disrupt terrorist financing or prevent other material support from reaching its target.
· Forensics and Attribution. Preserve the crime scene and conduct site exploitation for intelligence collection.
· Planning. Initiate a time-sensitive, flexible planning process that builds on existing plans and incorporates real-time intelligence.
· Public Information and Warning. Refine and consider options to release pre-event information publicly, and take action accordingly.
