The Use of Federal Troops for Disaster Assistance: Legal Issues

Description

Hurricane Katrina raised questions concerning the President's legal authority to send active duty military forces into a disaster area and the permissible functions the military can perform to protect life and property and maintain order. This report summarizes the possible constitutional and statutory authorities and constraints relevant to the use of armed forces, including National Guard units in federal service, to provide assistance to states when a natural disaster impedes the operation of state and local police. This report also addresses proposed legislation, including H.R. 5122 (S. 2766).

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Elsea, Jennifer K. August 14, 2006.

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This report is part of the collection entitled: Congressional Research Service Reports and was provided by UNT Libraries Government Documents Department to Digital Library, a digital repository hosted by the UNT Libraries. It has been viewed 93 times , with 5 in the last month . More information about this report can be viewed below.

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Description

Hurricane Katrina raised questions concerning the President's legal authority to send active duty military forces into a disaster area and the permissible functions the military can perform to protect life and property and maintain order. This report summarizes the possible constitutional and statutory authorities and constraints relevant to the use of armed forces, including National Guard units in federal service, to provide assistance to states when a natural disaster impedes the operation of state and local police. This report also addresses proposed legislation, including H.R. 5122 (S. 2766).

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Congressional Research Service Reports

The Congressional Research Service (CRS) is the public policy research arm of Congress. This legislative branch agency works exclusively for Members of Congress, their committees and their staff. This collection includes CRS reports from the mid-1970's through the present--covering a variety of topics from agriculture to foreign policy to welfare.

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Creation Date

  • August 14, 2006

Added to The UNT Digital Library

  • Dec. 11, 2008, 8:27 p.m.

Description Last Updated

  • Feb. 10, 2017, 1:16 p.m.

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Elsea, Jennifer K. The Use of Federal Troops for Disaster Assistance: Legal Issues, report, August 14, 2006; Washington D.C.. (digital.library.unt.edu/ark:/67531/metacrs10217/: accessed October 20, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.