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Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Public Law 106-390, October 30, 2000
UNITED STATES CODE
Title 42. THE PUBLIC HEALTH AND WELFARE
CHAPTER 68. DISASTER RELIEF
§ 5170. PROCEDURE FOR DECLARATION {Sec. 401}
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.
(Pub. L. 93-288, title IV, § 401, as added Pub. L. 100-707, title I, § 106(a)(3), Nov. 23, 1988, 102 Stat. 4696.)
Mr. P said:This is a complex act (LAW), but I found that for the most part the STATE must ask for the help that folks a saying didn't come until....
There's a reason for that..it wasn't "BY LAW' asked for.
http://www.fema.gov/library/stafact.shtm#sec401
If the current administration had sent troops, aid, etc without being asked, you can bet your last penny the dems would be screaming about Bush's illegal deployment of troops and distribution of national assets.dilloduck said:good find Mr. P --too bad the rule of law gets ignored in deferance to the rule of emotion and the rule of politics.
CSM said:If the current administration had sent troops, aid, etc without being asked, you can bet your last penny the dems would be screaming about Bush's illegal deployment of troops and distribution of national assets.
Oh yeah, and the "BUSH IS A NAZI, HE's USING THE MILITARY TO TAKEOVER LA" signs, would have been everywhere.CSM said:If the current administration had sent troops, aid, etc without being asked, you can bet your last penny the dems would be screaming about Bush's illegal deployment of troops and distribution of national assets.
Mr. P said:This is a complex act (LAW), but I found that for the most part the STATE must ask for the help that folks a saying didn't come until....
There's a reason for that..it wasn't "BY LAW' asked for.
http://www.fema.gov/library/stafact.shtm#sec401
We've all seen that...Did she activate the La. Guard...hummm how about asking for additional gaurd from other states, Hummmmm...SpidermanTuba said:Here's a copy of the request made by Blanco in accordance with the Stafford Act on 8/27/05:
August 27, 2005
The President
The White House
Washington, D. C.
Through:
Regional Director
FEMA Region VI
800 North Loop 288
Denton, Texas 76209
Dear Mr. President:
Under the provisions of Section 501 (a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121-5206 (Stafford Act), and implemented by 44 CFR § 206.35, I request that you declare an emergency for the State of Louisiana due to Hurricane Katrina for the time period beginning August 26, 2005, and continuing. The affected areas are all the southeastern parishes including the New Orleans Metropolitan area and the mid state Interstate I-49 corridor and northern parishes along the I-20 corridor that are accepting the thousands of citizens evacuating from the areas expecting to be flooded as a result of Hurricane Katrina.
In response to the situation I have taken appropriate action under State law and directed the execution of the State Emergency Plan on August 26, 2005 in accordance with Section 501 (a) of the Stafford Act. A State of Emergency has been issued for the State in order to support the evacuations of the coastal areas in accordance with our State Evacuation Plan and the remainder of the state to support the State Special Needs and Sheltering Plan.
Pursuant to 44 CFR § 206.35, I have determined that this incident is of such severity and magnitude that effective response is beyond the capabilities of the State and affected local governments, and that supplementary Federal assistance is necessary to save lives, protect property, public health, and safety, or to lessen or avert the threat of a disaster. I am specifically requesting emergency protective measures, direct Federal Assistance, Individual and Household Program (IHP) assistance, Special Needs Program assistance, and debris removal.
Preliminary estimates of the types and amount of emergency assistance needed under the Stafford Act, and emergency assistance from certain Federal agencies under other statutory authorities are tabulated in Enclosure A.
The following information is furnished on the nature and amount of State and local resources that have been or will be used to alleviate the conditions of this emergency:
Department of Social Services (DSS): Opening (3) Special Need Shelters (SNS) and establishing (3) on Standby.
Department of Health and Hospitals (DHH): Opening (3) Shelters and establishing (3) on Standby.
Office of Homeland Security and Emergency Preparedness (OHSEP): Providing generators and support staff for SNS and Public Shelters.
Louisiana State Police (LSP): Providing support for the phased evacuation of the coastal areas.
Louisiana Department of Wildlife and Fisheries (WLF): Supporting the evacuation of the affected population and preparing for Search and Rescue Missions.
Louisiana Department of Transportation and Development (DOTD): Coordinating traffic flow and management of the evacuations routes with local officials and the State of Mississippi.
The following information is furnished on efforts and resources of other Federal agencies, which have been or will be used in responding to this incident:
FEMA ERT-A Team en-route.
I certify that for this emergency, the State and local governments will assume all applicable non-Federal share of costs required by the Stafford Act.
I request Direct Federal assistance for work and services to save lives and protect property.
(a) List any reasons State and local government cannot perform or contract for performance, (if applicable).
(b) Specify the type of assistance requested.
In accordance with 44 CFR § 206.208, the State of Louisiana agrees that it will, with respect to Direct Federal assistance:
1. Provide without cost to the United States all lands, easement, and rights-of-ways necessary to accomplish the approved work.
2. Hold and save the United States free from damages due to the requested work, and shall indemnify the Federal Government against any claims arising from such work;
3. Provide reimbursement to FEMA for the non-Federal share of the cost of such work in accordance with the provisions of the FEMA-State Agreement; and
4. Assist the performing Federal agency in all support and local jurisdictional matters.
In addition, I anticipate the need for debris removal, which poses an immediate threat to lives, public health, and safety.
Pursuant to Sections 502 and 407 of the Stafford Act, 42 U.S.C. §§ 5192 & 5173, the State agrees to indemnify and hold harmless the United States of America for any claims arising from the removal of debris or wreckage for this disaster. The State agrees that debris removal from public and private property will not occur until the landowner signs an unconditional authorization for the removal of debris.
I have designated Mr. Art Jones as the State Coordinating Officer for this request. He will work with the Federal Emergency Management Agency in damage assessments and may provide further information or justification on my behalf.
Sincerely,
Kathleen Babineaux Blanco
Governor
SpidermanTuba said:Here's a copy of the request made by Blanco in accordance with the Stafford Act on 8/27/05:
August 27, 2005
The President
The White House
Washington, D. C.
Through:
Regional Director
FEMA Region VI
800 North Loop 288
Denton, Texas 76209
Dear Mr. President:
Under the provisions of Section 501 (a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121-5206 (Stafford Act), and implemented by 44 CFR § 206.35, I request that you declare an emergency for the State of Louisiana due to Hurricane Katrina for the time period beginning August 26, 2005, and continuing. The affected areas are all the southeastern parishes including the New Orleans Metropolitan area and the mid state Interstate I-49 corridor and northern parishes along the I-20 corridor that are accepting the thousands of citizens evacuating from the areas expecting to be flooded as a result of Hurricane Katrina.
In response to the situation I have taken appropriate action under State law and directed the execution of the State Emergency Plan on August 26, 2005 in accordance with Section 501 (a) of the Stafford Act. A State of Emergency has been issued for the State in order to support the evacuations of the coastal areas in accordance with our State Evacuation Plan and the remainder of the state to support the State Special Needs and Sheltering Plan.
Pursuant to 44 CFR § 206.35, I have determined that this incident is of such severity and magnitude that effective response is beyond the capabilities of the State and affected local governments, and that supplementary Federal assistance is necessary to save lives, protect property, public health, and safety, or to lessen or avert the threat of a disaster. I am specifically requesting emergency protective measures, direct Federal Assistance, Individual and Household Program (IHP) assistance, Special Needs Program assistance, and debris removal.
Preliminary estimates of the types and amount of emergency assistance needed under the Stafford Act, and emergency assistance from certain Federal agencies under other statutory authorities are tabulated in Enclosure A.
The following information is furnished on the nature and amount of State and local resources that have been or will be used to alleviate the conditions of this emergency:
Department of Social Services (DSS): Opening (3) Special Need Shelters (SNS) and establishing (3) on Standby.
Department of Health and Hospitals (DHH): Opening (3) Shelters and establishing (3) on Standby.
Office of Homeland Security and Emergency Preparedness (OHSEP): Providing generators and support staff for SNS and Public Shelters.
Louisiana State Police (LSP): Providing support for the phased evacuation of the coastal areas.
Louisiana Department of Wildlife and Fisheries (WLF): Supporting the evacuation of the affected population and preparing for Search and Rescue Missions.
Louisiana Department of Transportation and Development (DOTD): Coordinating traffic flow and management of the evacuations routes with local officials and the State of Mississippi.
The following information is furnished on efforts and resources of other Federal agencies, which have been or will be used in responding to this incident:
FEMA ERT-A Team en-route.
I certify that for this emergency, the State and local governments will assume all applicable non-Federal share of costs required by the Stafford Act.
I request Direct Federal assistance for work and services to save lives and protect property.
(a) List any reasons State and local government cannot perform or contract for performance, (if applicable).
(b) Specify the type of assistance requested.
In accordance with 44 CFR § 206.208, the State of Louisiana agrees that it will, with respect to Direct Federal assistance:
1. Provide without cost to the United States all lands, easement, and rights-of-ways necessary to accomplish the approved work.
2. Hold and save the United States free from damages due to the requested work, and shall indemnify the Federal Government against any claims arising from such work;
3. Provide reimbursement to FEMA for the non-Federal share of the cost of such work in accordance with the provisions of the FEMA-State Agreement; and
4. Assist the performing Federal agency in all support and local jurisdictional matters.
In addition, I anticipate the need for debris removal, which poses an immediate threat to lives, public health, and safety.
Pursuant to Sections 502 and 407 of the Stafford Act, 42 U.S.C. §§ 5192 & 5173, the State agrees to indemnify and hold harmless the United States of America for any claims arising from the removal of debris or wreckage for this disaster. The State agrees that debris removal from public and private property will not occur until the landowner signs an unconditional authorization for the removal of debris.
I have designated Mr. Art Jones as the State Coordinating Officer for this request. He will work with the Federal Emergency Management Agency in damage assessments and may provide further information or justification on my behalf.
Sincerely,
Kathleen Babineaux Blanco
Governor
no1tovote4 said:This doesn't meet the Posse Comitatus act requirements that would have allowed Bush to send in NG troops from neighboring states. Therefore the Posse forms still had to be signed, this governor didn't sign those documents at this time, and in fact until Thursday. This is from direct reporting from the Mayor of NO. This kept response down to FEMA who couldn't send people in because the LA Dept of Homeland Security (State not Federal, different body) refused to allow them entry to the Superdome and Convention Centers as well as reports of crimes that volunteers would never be sent in to deal with.
The Governor also failed to call up their own NG troops in a timely matter, those troops could even have been used as a police force, it is only troops led by Federal commands that cannot.
From Before Katrina hit LA to Wednesday, (after levees breached):no1tovote4 said:This doesn't meet the Posse Comitatus act requirements that would have allowed Bush to send in NG troops from neighboring states. Therefore the Posse forms still had to be signed, this governor didn't sign those documents at this time, and in fact until Thursday. This is from direct reporting from the Mayor of NO. This kept response down to FEMA who couldn't send people in because the LA Dept of Homeland Security (State not Federal, different body) refused to allow them entry to the Superdome and Convention Centers as well as reports of crimes that volunteers would never be sent in to deal with.
The Governor also failed to call up their own NG troops in a timely matter, those troops could even have been used as a police force, it is only troops led by Federal commands that cannot.
...* In response to Governor Blanco's request, President Bush declares a Federal state of emergency in Louisiana under the authority of the Stafford Act [10], which provides a "means of assistance by the Federal Government to State and local governments in carrying out their responsibilities to alleviate the suffering and damage which result from such disasters...". The emergency declaration provides for federal assistance and funding [11] and assigns to the FEMA federal coordinating officer (FCO), by law, the responsibility for coordinating relief efforts with those government bodies and relief agencies which agree to operate under his advice or direction [12]. It also provide for military assets and personnell to be deployed in relief and support operations, although the Posse Comitatus Act impose strict limitations on their use in law enforcement which has some implications for other activities. While Blanco's request mentions the City of New Orleans in the first paragraph, [13], the subsequent declaration [14] does not cover the parishes expected to receive the most damage, like Jefferson Parish and New Orleans (Orleans Parish). These and other Southeast Louisiana Parishes were mentioned by name in Blanco's request. See [15].
* Saturday night, National Hurricane Center director Max Mayfield briefed leadership on Katrina. According to the St Petersburg State Times [16], this included President Bush, Governors of Louisiana and Mississipi, and the Mayor of New Orleans.
Sunday, August 28
* 12:40 am CDT (0540 UTC) - Hurricane Katrina reaches Category 4 intensity.
* 7 am CDT (1200 UTC) - Hurricane Katrina reaches Category 5 intensity.
* 9:30 am CDT (1430 UTC) - President Bush calls Governor Blanco, says he is very concerned about the storms impact, and urges Blanco and Nagin to order a mandatory evacuation. [17]
* 10 am CDT (1500 UTC) - National Weather Service issues a bulletin predicting "devastating" damage.
* 10 am CDT (1500 UTC) - Mandatory evacuation is ordered for New Orleans City by Mayor Nagin and Governor Blanco[18].
* Noon CDT (1700 UTC) - Louisiana Superdome opened as a "refuge of last resort".[19]
* 1 pm CDT (1800 UTC) - In the Gulf of Mexico, Katrina quickly strengthens to a strong Category 5. At its peak, far from landfall, hurricane hunter planes measured 175 mph sustained winds, with gusts to 216 mph.
* President Bush declares a state of emergency in Alabama [20] and Mississippi [21], and a major disaster in Florida [22] under the authority of the Stafford Act.
* President Bush meets in videoconference with National Hurricane Director Max Mayfield to discuss hurricane Katrina while at his ranch in Crawford, Texas. [23] [24]
* Governor Blanco makes arrangements with the Governor Bill Richardson of New Mexico for National Guard reinforcements, however the federal authorities do not issue the required authorisation for these reinforcements until September 1.
[edit]
Second landfall
Monday, August 29
* 6:10 am CDT (1110 UTC) - Hurricane Katrina makes a second landfall near Buras, Louisiana, United States with 145 mph winds.
* 8 am CDT (1300 UTC) - New Orleans: Rising water on both sides of the Industrial Canal [25].
* 9 am CDT (1400 UTC) - New Orleans: 6-8 feet of water in the Lower Ninth Ward [26].
* 10 am CDT (1500 UTC) - Hurricane Katrina makes a third landfall near Pearlington, Mississippi, United States with 125 mph winds after crossing Breton Sound.
* 10 am MST (1700 UTC) President Bush appears at the Pueblo El Mirage RV Resort and Country Club in El Mirage, Arizona for a Medicare event as the hurricane makes second landfall. [27] He adds, "I want to thank the governors of the affected regions for mobilizing assets prior to the arrival of the storm to help citizens avoid this devastating storm." [28]
* 11 am CDT (1600 UTC) - New Orleans: 10 feet of water in St. Bernard [29].
* 2 pm CDT (1900 UTC) - New Orleans officials publicly confirm 17th Street Canal breach [30].
* 3 pm CDT (2000 UTC) - New Orleans Homeland Security Director Terry Ebbertt said Everybody who had a way or wanted to get out of the way of this storm was able to."[31]
* AP: "FEMA director Brown also urged local fire and rescue departments outside Louisiana, Alabama and Mississippi not to send trucks or emergency workers into disaster areas without an explicit request for help from state or local governments." Brown sought the approval from Homeland Security Secretary Michael Chertoff five hours after landfall to activate 1,000 Homeland Security workers into the region. Brown acknowledges that this process will take two days. Brown's memo to Chertoff described Katrina as "this near catastrophic event" but otherwise lacked any urgent language. The memo politely ended, "Thank you for your consideration in helping us to meet our responsibilities." [32] [33]
* Brown defines role of requested assigned personnel and additional aid from the Department of Homeland Security: "Establish and maintain positive working relationships with disaster affected communities and the citizens of those communities. Collect and disseminate information and make referrals for appropriate assistance. Identification of potential issues within the community and reporting to appropriate personnel. Convey a positive image of disaster operations to government officials, community organizations and the general public. Perform outreach with community leaders on available Federal disaster assistance." [34]
* President Bush declares a major disaster for Louisiana [35], Mississippi [36], and Alabama [37] under the authority of the Stafford Act..
[edit]
Immediate aftermath
Tuesday, August 30;
* 1:30 am CDT (0630 UTC) - CNN reports that a levee on the 17th Street Canal, which connects into Lake Pontchartrain, suffered a two city-block wide breach. It is later reported that a total of three levees are breached.
* 12 pm CDT (1700 UTC) - Homeland Security Secretary Michael Chertoff becomes aware that the New Orleans levee breaches cannot be plugged [38].
* Senator David Vitter (R-LA) briefs the press that "I don't want to alarm everybody that, you know, New Orleans is filling up like a bowl. That's just not happening." (This statement was initially misattributed to FEMA official Bill Lokey)[39]
* President Bush spends the day at the North Island Naval Base in San Diego making a speech to commemorate the September 2 anniversary of Japan's World War II surrender [40]
* 10 pm CDT (0300 UTC, August 31) - New Orleans Mayor Ray Nagin announces that the planned sandbagging of the 17th Street levee breach has failed.
* 80 percent of New Orleans is underwater.
* Many instances of looting, including looting by police officers, reported in the city of New Orleans.
* Michael Chertoff, released a memo to other cabinet members and the EPA stating "the President has established the `White House Task Force on Hurricane Katrina Response.' He will meet with us tomorrow to launch this effort." The memo also announced "I hereby declare Hurricane Katrina an Incident of National Significance and designate Michael Brown, Under Secretary for Emergency Preparedness and Response (EP&R), as Principal Federal Official (PFO) for incident management purposes." [41][42]
* FEMA refuses to allow volunteer firefighters into New Orleans.
* USS Bataan was positioned near New Orleans prior to Katrina making landfall, and begins relief operations.[43]
* The U.S. military moves additional ships and helicopters to the region at the request of the FEMA. Hurricane Katrina gets downgraded to a tropical depression. [44]
...
Me thinks yer a colwage age kiddy..SpidermanTuba said:NG troops from other states were offered - and accepted - by the Governor. For instance, the troops from New Mexico - offered by the governor of NM, accepted by Blanco - but the paperwork didn't come back from Washington till Sunday.
Bush asked Blanco if he could federalize the troops AFTER they had already arrived.
Posse Comitatus is not enforcible against a sitting President. It is a criminal law which ammounts to a misdemeanor. A sitting President cannot be charged in criminal court - he can only be impeached. And if George Bush thought that a Republican House would impeach him and a Republican Senate would convict him - well, that's cuz he's dumb.
In fact - NO ONE has ever been convicted under the Posse Comitatus act.
Mr. P said:Me thinks yer a colwage age kiddy..
Gawd not another one to educate!!!
SpidermanTuba said:NG troops from other states were offered - and accepted - by the Governor. For instance, the troops from New Mexico - offered by the governor of NM, accepted by Blanco - but the paperwork didn't come back from Washington till Sunday.
Bush asked Blanco if he could federalize the troops AFTER they had already arrived.
Posse Comitatus is not enforcible against a sitting President. It is a criminal law which ammounts to a misdemeanor. A sitting President cannot be charged in criminal court - he can only be impeached. And if George Bush thought that a Republican House would impeach him and a Republican Senate would convict him - well, that's cuz he's dumb.
In fact - NO ONE has ever been convicted under the Posse Comitatus act.
no1tovote4 said:Bush was asking for her to sign it so he could send in troops that HE called up, not those that were sent by other governors.
http://www.2theadvocate.com/stories/091805/new_blanco001.shtmlTwo days later, President George W. Bush met with Blanco on Air Force One and asked her for control of the troops that were finally pouring into the state. Blanco asked if Mississippi Gov. Haley Barbour would be under the same regime. The answer was "No."
Blanco told Bush she'd get back to him in 24 hours. The president didn't wait. That night, the White House faxed a memorandum of understanding for her to sign to cede control of the troops. Her answer was "No."
"If I thought that it was going to bring one more resource to bear, if I thought that he was denying me resource because of it, and I don't think he was, then it might have been something that I would have considered," she said.
"By that time, we were already getting the resources and commitments," the governor said.
SpidermanTuba said:That's not true. Bush was asking for control of troops that had already arrived or were already on their way.
http://www.2theadvocate.com/stories/091805/new_blanco001.shtml
http://www.therant.us/staff/guest/gaynor/10012005.htm
"The Bush Administration realized after the storm what it should have realized before it: that the state and local authorities in Louisiana were not going to be able to handle the hurricanes aftermath effectively. Apparently, the Administration tried to persuade the governor of Louisiana, Kathleen Blanco, to issue an official request that the federal government take control of the Louisiana National Guard and the New Orleans police, but she refused, out of pride or mistrust or a desire to maintain some degree of control. Then the Administration considered sending active-duty federal troops to New Orleans to do what the National Guard and the police could notmake the streets and the evacuation centers safe and decentand decided not to. Whatever its failings before the hurricane hit, the federal government could have greatly lessened the disaster if it had acted immediately afterward as a direct enforcer of the law. People suffered and died because it did not."
Yes. But the Posse Comitatus Act, together with a balky Governor Blanco, put President Bush in a damned-if-you-do-and-damned-if-you-don't situation that must not be repeated.
Let's put aside politics, remembering that the statute is politically neutral, that is, it applies regardless of the political parties of presidents and governors, and revise the statute to remedy the problem of recalcitrant state and local officials who selfishly cling to power for image reasons or because they are "stuck on stupid" instead of inviting the federal government to take control temporarily and use its resources, including the armed forces, to protect people and property from calamity.
The general policy that the military should not handle civilian law enforcement is sensible, but only if civilian law enforcement is ready, willing and able to do its job.
