About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 (April 26, 2006)

handle is hein.crs/crsmthabdog0001 and id is 1 raw text is: 
                                                                 Order Code RS22235
                                                                         April 26, 2006



 CRS Report for Congress

               Received through the CRS Web



Disaster Evacuation and Displacement Policy:

                     Issues for Congress

                                 Keith Bea
               Specialist in American National Government
                    Government and Finance Division

Summary


     The devastation caused by Hurricane Katrina reached 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. As a result, President Bush issued emergency declarations for 36
 states solely to help them meet the needs of evacuees. In general, evacuation policy is
 set and enforced by state and local officials. However, federal policy does provide for
 certain aspects of civilian emergency evacuation. Members of Congress may elect to
 reconsider federal policy options to more fully integrate federal and state authorities
 through legislation such as H.R. 3815, H.R. 4066, H.R. 4258, S. 1685, S. 1807, S. 2124,
 and S. 2133. This report will be updated.


     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 by encouraging or
mandating civilian evacuation.

    To a limited extent, federal statutes authorize agency heads to use federal resources
to assist in the evacuation of civilians. For example, a provision in the Robert T. Stafford
Disaster Relief and Emergency Assistance Act authorizes the President to direct the
Secretary of Defense to use resources to perform necessary emergency work to preserve



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

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Already a HeinOnline Subscriber?

profiles profiles most