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1 (September 2, 2005)

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                                                                  Order Code RS22235
                                                                    September 2, 2005



 CRS Report for Congress

               Received through the CRS Web



Disaster Evacuation and Displacement Policy:

                     Issues for Congress

                                 Keith Bea
                Specialist, American National Government
                    Government and Finance Division

Summary


     The devastation caused by Hurricane Katrina reaches beyond the borders of the
 states directly affected by the wind, rain, and floods. Before the storm reached the coast,
 thousands of residents of Louisiana and Mississippi evacuated to other states, including
 Texas and Oklahoma. Many people, for a variety of reasons, chose to disregard the
 mandatory evacuation orders issued by state and local officials. In general, evacuation
 policy is set and enforced by state and local officials. Federal policy provides for
 various aspects of civilian evacuation. As Members of Congress explore the challenges
 and losses in the states affected directly or indirectly by Hurricane Katrina, they may
 be called upon to consider federal policy options to more fully integrate federal and state
 authorities.


     Using the authority set out in state laws and local ordinances, state and local
officials may suggest or require the evacuation of residents from homes and communities
before certain catastrophes occur.' Threats of pending natural disasters such as hurricanes
or floods, warnings of the movement of airborne hazardous material due to transportation
accidents, or the recognition of unstable conditions at nuclear power plants may provide
officials a short window of opportunity to save thousands of lives.

    To a limited extent, federal statutes authorize agency heads to use federal resources
to assist in the evacuation of civilians. Among those authorities, and arguably pertinent
to the situation in New Orleans even before Hurricane Katrina made landfall, is the
provision in the Robert T. Stafford Disaster Relief and Emergency Assistance Act for the
President to direct the Secretary of Defense to use resources to perform emergency work



1 State laws generally authorize the Governor to order and enforce the evacuation of residents
under emergency situations. See CRS Report RL32287, Emergency Management and Homeland
Security Statutory Authorities in the States, District of Columbia, and InsularAreas: a Summary,
by Keith Bea, Government and Finance Division, CRS, and L. Cheryl Runyon and Kae M.
Warnock, consultants, p. 4.

       Congressional Research Service +o The Library of Congress

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