A disaster declaration in the United States can be announced by the federal government using its discretion for a national emergency. The President can also declare a national emergency at the request of local and state governments who might be overwhelmed by a cataclysmic event. In this instance, the standard procedure is for governors to furnish the federal government with proof of their inability to manage a disaster. Upon review by the Federal Emergency Management Agency (FEMA) and the presidency, the requests can be turned down, or a national emergency declared followed by the federal support to states in terms of resources required to deal with the disaster and recovery after that.
In 2001, the September 11 terrorist attacks at World Trade Centre, Pentagon, and crashing of a passenger plane in Pennsylvania jolted the United States to launch an extensive counter-terrorism strategy that came to define George W. Bush's presidency. Close to 3,000 people were lost and property in billions of dollars destroyed ( The 9 11 Commission Report: Final Report of the National Commission on Terrorist Attacks Upon the United States (Authorized Edition) , 2004). Before this, the U.S. had majorly suffered attacks on its assets and interests abroad with minimal damage and loss of life. As expected, President Bush's administration had to evaluate the national security measures in the event of the 9/11 attacks for detection, prevention, and response to global terrorism threats. The counter-terrorism efforts were anchored on the Proclamation 7453 issued three days after the terrorist attacks. President Bush made a Declaration of National Emergency by Reason of Certain Terrorist Attacks on September 14, 2001, that gave the President authority to define the military's scope and size, in addition to apportioning the defense funds and recalling retired soldiers to active duty. On September 23, 2001, President George W. Bush further made a declaration, Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten To Commit, or Support Terrorism through executive order 13224. This declaration targeted terrorist entities for economic sanctions to curb terrorism financing following the September attacks. The national emergency declarations are expected to expire within one year, but successive governments have extended the two declarations as terrorist threats persist. Several executive orders have been issued since then to expand and clearly define the scope of these declarations in the fight against terrorism in post 9/11 attacks.
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Declaration of National Emergency by Reason of Certain Terrorist Attacks
The proclamation 7463 activated several statutory authorities on September 14, 2001, in line with the National Emergency Act ("Declaration of National Emergency by Reason Of Certain Terrorist Attacks," 2001). The proclamation cited sections of the title 10 and 14 of the United States Code (U.S.C.) that give the President broad authority in control of the military operations during a national emergency or in time of war. The 10 U.S. C 123 statute allows the President to suspend any provision of the law that guides the involuntary retirement, promotion, and separation of military officers of the Coast Guard Reserve, Air Force, Navy, Army, and the Marine Corps. When this is activated in a national emergency declared by the Congress or the President, it helps guarantee the availability of commissioned officers and even recall to active duty officers who had already retired. Furthermore, the President can order the deployment of the National Guard overseas in addition to promoting officers irrespective of the laid out requirements for the military promotions.
Activation of the 10 U.S. C 123a statutory removes the limitation set in a given fiscal year regarding the military expenditure. As a result, the federal government can spend as much as it requires in a national emergency or war without the bureaucracy and procedural spending as set out in the government's budget. The Department of Defense, or any component of the armed forces, is guaranteed funding to shore up its defense against any security threat. Proclamation 7463 also cited section 527 of Title 10 U.S. C that gives the President power to suspend section 525, 526, and 523. These sections have limits on the number of commissioned officers that are allowed to be on active duty in any fiscal year. Besides, the number of Navy, air force, Marine Corps, and army officers in the rank of colonel, lieutenant colonel, and major are as well limited ("10 U.S. Code 527 - Authority to suspend sections 523, 525, and 526", n.d.). Section 527 and 123, therefore, authorizes the President to expand the size and scope of the military in a national emergency or during the war. Section 2201(c) of Title 10 U.S. C further gives the president authority to increase the number of officers on active duty beyond the number budgeted for by the Department of Defense. Upon determination of the need for more military officers, more funds can be availed for recruitment or recall of retired military officers.
President Bush also activated statutory authority 10 U.S. C 12006 that suspends section 12005, 12004, or 12003 that places a limit on the strength or number of reserve commissioned officers in the Navy, Air Force, Army, and Marine Corps ("10 U.S. Code 12006 - Strength limitations: authority to waive in time of war or national emergency", n.d.). Moreover, the suspension also lifts the limit on the number of active reserve officers in the grade of rear admiral in the Navy, general officers in Air Force, Army, and Marine Corps, and colonel, major, and captain grades in the Air Force and Army. In war or national emergency, section 12006 is essential as it ensures that there is even and adequate distribution of different grades in the military reserve force who are ready to offer leadership when called to active duty under section 12302 of Title 10 U.S.C.
The statutory authorities activated in Title 14 of the United States Codes following the declaration of national emergency by President Bush include sections 331, 367, and 359. Section 331 gives the Secretary of Transportation power to recall to active duty any retired regular officer who served in the Coast Guard. Section 367 further empowers the Secretary of Transportation to keep Coast Guard officers on active duty beyond their terms of recruitment during war or a national emergency to ensure an adequate number of military officers to deal with the emergency effectively. On the other hand, the Coast Guard command can also recall retired coast guards to active duty when there is a need under section 359.
Referencing the Proclamation 7463, President George W. Bush, on November 16, 2001, further issued an executive order 13225 that invoked section 2808 of Title 10, U.S. C ("National Emergency Construction Authority," 2001). The Department of Defense was granted the emergency construction authority that allows the Secretary of Defense to order the replacement, repair, or restoration of structures that have been destroyed. Funding for the construction could be sourced from the Operation and Maintenance (O&M) and the Military Construction (MILCON) funds kitty ( 2018 Fiscal Law Deskbook , 2018). In this case, the DoD has the authority to carry out construction projects that had not been authorized before a national emergency declaration. This directive helped in the restoration efforts following the damage caused at Pentagon. Besides the damaged infrastructure, the secretary of defense can initiate any construction project that supports military operation in an emergency.
Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten To Commit, or Support Terrorism
In the war on terrorism, cutting off the financing of terrorist groups is a crucial component in dealing with domestic and global terrorism. According to Gurule (2009), it is estimated that al-Qaeda used close to $500,000 to plan and carry out attacks at Pentagon, World Trade Centre, and in Pennsylvania. Based on this, President Bush issued an executive order 13224 on September 23, 2001, to declare a national emergency citing the International Emergency Economic Powers Act (IEEPA). IEEPA imposes economic sanctions and block access to properties, funds, and transactions with individuals, organizations, or countries with suspected link to terrorism, support it, or threaten to commit terrorist acts (Kent & Mortenson, 2016). Along with United Nations Security Council Resolution (UNSCR) 1214, 1267, 1333, and 1363, the IEEPA gives the President power to ban, seize properties, or regulate transactions with any foreign entity with link to terrorism ("Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten To Commit, or Support Terrorism," 2001). The Treasury and Department of Defense were given authority to tag suspected and confirmed entities as specially designated global terrorists (SDGT). In coordination with other countries, both local and foreign entities (individuals, organizations, and countries) were prohibited from transacting with SDGT to starve them of funds to carry out terrorist attacks. The executive order resulted in the listing of individuals and groups like Usama bin Laden, Tariq Anwar al-Sayyid Ahamad, Al Qaida, Libyan Islamic Fighting Group (G.I.A.), Abu Sayyaf Group, Mamoun Darkazanli Import-Export Company, among others. The SDGT list has been expanded over the years to include emerging terrorist groups like Boko Haram, Hezbollah, ISIL, organizations, individuals, and countries that are suspected and confirmed to be supporting terrorism.
The declarations on September 14 and 23 in 2001 have had a significant impact in the fight against terrorism. The 9/11 attacks had further awakened the United States on the increasing complexity and capability of global terrorists that required urgent changes to the national security measures. The declaration of national emergency in response to terrorist attacks by President Bush administration not only helped the United States address immediate threats at the time but also laid the foundation for successive governments' counter-terrorism efforts. With continued emergence and evolution of terrorist groups since the peak of Al Qaeda, Presidents Barack Obama and Donald Trump have ensured that the 2001 emergency orders have been renewed each year to date. Executive orders have also been issued to make amendments that further make them reflective of the changing face of terrorism. The Declaration of National Emergency by Reason of Certain Terrorist Attacks majorly targeted the military to remove limitations on the strength of the military in the form of personnel and bureaucracy in funding the armed forces in a national emergency. The statutory authorities cited were critical in ensuring the availability of required staff in active duty to deal with active threats to the national security.
Invoking the IEEPA empowered the Treasury and Department of Defense to narrow down the source of funds for terrorist organizations. Cutting the financial source weakens the terrorist group's capability to recruit and acquire resources for their operations. Moreover, in line with the United Nations Security Council resolutions, the IEEPA forges international cooperation in dealing with global terrorism. The worldwide collaboration of economic sanctions and increased scrutiny of donations by entities to suspected terrorist groups have a significant impact on cutting funding for terrorist organizations. Though external security threats on American soil can be said to have reduced, the advancement in technology and globalization make the U.S. vulnerable to attacks. It is therefore laudable that successive governments have continued to extend the declarations to make the security agencies always ready to respond to both domestic and foreign security threats.
References
10 U.S. Code 12006 - Strength limitations: authority to waive in time of war or national emergency . LII / Legal Information Institute. Retrieved June 6 2020, from https://www.law.cornell.edu/uscode/text/10/12006.
10 U.S. Code 527 - Authority to suspend sections 523, 525, and 526 . LII / Legal Information Institute. Retrieved June 6 2020, from https://www.law.cornell.edu/uscode/text/10/527#:~:text=10%20U.S.%20Code%20%C2%A7%20527.,sections%20523%2C%20525%2C%20and%20526&text=In%20time%20of%20war%2C%20or,or%20526%20of%20this%20title.
Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten To Commit, or Support Terrorism . Federal Register. (2001). Retrieved June 6 2020, from https://www.federalregister.gov/documents/2001/09/25/01-24205/blocking-property-and-prohibiting-transactions-with-persons-who-commit-threaten-to-commit-or-support.
Contract and Fiscal Law Department The Judge Advocate General’s Legal Center and School United States Army. (2018). 2018 Fiscal Law Deskbook .
Declaration of National Emergency by Reason Of Certain Terrorist Attacks . Georgewbush-whitehouse.archives.gov. (2001). Retrieved June 6 2020, from https://georgewbush-whitehouse.archives.gov/news/releases/2001/09/20010914-4.html.
Gurulé, J. (2009). Unfunding Terror: The Legal Response to the Financing of Global Terrorism . Edward Elgar Publishing Limited.
Kent, A., & Mortenson, J. (2016). The Search for Authorization: Three Eras of the President's National Security Power. SSRN Electronic Journal . https://doi.org/10.2139/ssrn.2824416
National Commission on Terrorist Attacks. (2004). The 9 11 Commission Report: Final Report of the National Commission on Terrorist Attacks Upon the United States (Authorized Edition) (1st ed.).
National Emergency Construction Authority . Federal Register. (2001). Retrieved Jun 7e 2020, from https://www.federalregister.gov/documents/2001/11/20/01-29219/national-emergency-construction-authority.
