Clinton Reintroduces Legislation to Restore FEMA to Independent, Cabinet-Level Status

[SaveElmer]

May 18, 2007 -- Washington, DC - Senator Hillary Rodham Clinton today announced that she has reintroduced her legislation to restore the Federal Emergency Management Agency (FEMA) to an independent, Cabinet-level federal agency, to ensure that it has the authority it needs to effectively manage recovery efforts for future crises. Under Senator Clinton's legislation, the Director of FEMA would report directly to the President and would have full authority to coordinate with all agencies, as well as the authority to take the necessary action to ensure needed resources and recovery personnel are deployed to those impacted areas

When the Department of Homeland Security was created in the Homeland Security Act of 2002, Senator Clinton expressed her deep concerns about moving FEMA under the Department of Homeland Security, because when it operated as an Independent agency - especially on September 11th and in the response thereafter - it was a highly-functioning, and well-run agency. She stressed that moving FEMA under the Department of Homeland Security must not force a highly-functioning and competent agency into a bureaucracy that will challenge integration and diminish FEMA's effectiveness in responding to crises of all kinds.

http://www.allamericanpatriots.com/48723557_congress_hillary_clinton_clinton_reintroduces_legislation_restore_fema_independent_cabinet_

[wyldwolf]

1. kick

[Captain Hilts]

2. That's a good idea. Why has no one else suggested this? Point goes to HRC. nt

[Tellurian]

3. How would Sen Clinton's Legislation interact with Bush's new “National Continuity Policy.”

introduced by the White House on May 9 2007?

as seen here:

Bush Anoints Himself as the Insurer of Constitutional Government in Emergency

By Matthew Rothschild

May 18, 2007

With scarcely a mention in the mainstream media, President Bush has ordered up a plan for responding to a catastrophic attack.
In a new National Security Presidential Directive, Bush lays out his plans for dealing with a “catastrophic emergency.”

Under that plan, he entrusts himself with leading the entire federal government, not just the Executive Branch. And he gives himself the responsibility “for ensuring constitutional government.”

He laid this all out in a document entitled “National Security Presidential Directive/NSPD 51” and “Homeland Security Presidential Directive/HSPD-20.”

The White House released it on May 9.

Other than a discussion on Daily Kos led off by a posting by Leo Fender, and a pro-forma notice in a couple of mainstream newspapers, this document has gone unremarked upon.

The subject of the document is entitled “National Continuity Policy.”

It defines a “catastrophic emergency” as “any incident, regardless of location, that results in extraordinary levels of mass casualties, damage, or disruption severely affecting the U.S. population, infrastructure, environment, economy, or government function.”

This could mean another 9/11, or another Katrina, or a major earthquake in California, I imagine, since it says it would include “localized acts of nature, accidents, and technological or attack-related emergencies.”

The document emphasizes the need to ensure “the continued function of our form of government under the Constitution, including the functioning of the three separate branches of government,” it states.

But it says flat out: “The President shall lead the activities of the Federal Government for ensuring constitutional government.”

The document waves at the need to work closely with the other two branches, saying there will be “a cooperative effort among the executive, legislative, and judicial branches of the Federal Government.” But this effort will be “coordinated by the President, as a matter of comity with respect to the legislative and judicial
branches and with proper respect for the constitutional separation of powers.”

Among the efforts coordinated by the President would ensuring the capability of the three branches of government to “provide for orderly succession” and “appropriate transition of leadership.”

The document designates a National Continuity Coordinator, who would be the Assistant to the President for Homeland Security and Counterterrorism.

Currently holding that post is Frances Fragos Townsend.

She is required to develop a National Continuity Implementation Plan and submit it within 90 days.

As part of that plan, she is not only to devise procedures for the Executive Branch but also give guidance to “state, local, territorial, and tribal governments, and private sector owners and operators of critical infrastructure.”

The secretary of Homeland Security is also directed to develop planning guidance for “private sector critical infrastructure owners and operators,” as well as state, local, territorial, and tribal governments.

The document gives the Vice President a role in implementing the provisions of the contingency plans.

“This directive shall be implanted in a manner that is consistent with, and facilitates effective implementation of, provisions of the Constitution concerning succession to the Presidency or the exercise of its powers, and the Presidential Succession Act of 1947 (3 USC 19), with the consultation of the Vice President and, as appropriate, others involved.”

The document also contains “classified Continuity Annexes.”

..as a guess, what would the term, "classified Continuity Annexes" entail?

http://progressive.org/mag_wx051807

[CGowen]

5. hmm...

"under Senator Clinton's legislation, the Director of FEMA would report directly to the President and would have full authority to coordinate with all agencies"

[primative1]

7. Ughhh ..

Your right. I have never read anything like that. What would be constitutional about that? You should put this up as a seperate topic so noone misses it.

[Tellurian]

8. I found the topic in GP

last night under this heading:

"The Shadow Government Makes Another Grab At Power"

which is sort of a topic heading we've seen repeatedly over the years. It just so happened, I accessed Sen Clinton's site a little while ago and was preparing to post the same article posted here by Save Elmer, but she beat me to it..

Plus, another connection thats gone unnoticed. I remember this ominous article from last year:

"Over objections from all 50 governors, Congress in October changed the 200-year-old Insurrection Act to empower the hand of the president in future stateside emergencies. In a letter to Congress, the governors called the change "a dramatic expansion of federal authority during natural disasters that could cause confusion in the command-and-control of the National Guard and interfere with states' ability to respond to natural disasters within their borders."

The change adds to tensions between governors and the White House after more than four years of heavy federal deployment of state-based Guard forces to fight in Iraq and Afghanistan. Since the 2001 terrorist attacks, four out of five guardsmen have been sent overseas in the largest deployment of the National Guard since World War II. Shortage of the Guard s military equipment -- such as helicopters to drop hay to snow-stranded cattle in Colorado -- also is a nagging issue as much of units heavy equipment is left overseas and unavailable in case of a natural disaster at home.

A bipartisan majority of both chambers of Congress adopted the change as part of the budget-busting, 439-page, $538 billion 2007 so-called Defense Authorization Bill signed into law last October.

The nation's governors through the National Governors Association (NGA) successfully lobbied to defeat a broader proposal to give the president power to federalize Guard troops even without invoking the Insurrection Act. But the passage that became law also "disappointed" governors because it expands federal power and could cause confusion between state and federal authorities trying to respond to an emergency situation, said David Quam, an NGA homeland security advisor.

"Governors need to be focused on assisting their citizens during an emergency instead of looking over their shoulders to see if the federal government is going to step in," Quam said.

Under the U.S. Constitution, each state's National Guard unit is controlled by the governor in time of peace but can be called up for federal duty by the president. The National Guard employs 444,000 part-time soldiers between its two branches: the Army and Air National Guards.

The Posse Comitatus Act of 1878 forbids U.S. troops from being deployed on American soil for law enforcement. The one exception is provided by the Insurrection Act of 1807, which lets the president use the military only for the purpose of putting down rebellions or enforcing constitutional rights if state authorities fail to do so. Under that law, the president can declare an insurrection and call in the armed forces. The act has been invoked several times in the past 50 years, including in 1957 to desegregate schools and in 1992 during riots in south central Los Angeles after the acquittal of police who were caught on videotape beating Rodney King.

Congress changed the Insurrection Act to list "natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident" as conditions under which the president can deploy U.S. armed forces and federalize state Guard troops if he determines that "authorities of the state or possession are incapable of maintaining public order."

http://www.progress.org/2007/ussr03.htm

I'd rather keep everything consolidated in one thread though, so we're all on the same page; if you know what I mean..

[wain]

4. Why now?

Almost 2 years later. And why didn't she raise stronger opposition after 9/11? She was right the first time. Did she vote for the Homeland bill, thus supporting the folding of FEMA deeper into the bureaucracy?

Bill Clinton was smart enough to see how a weak version of FEMA run by GW Sr contributed to his defeat (Hurricane Andrew), and built FEMA into an organization that would not embarrass his administration.

Increasing government bureaucracy is not best for the people. I hope Hillary's bill succeeds.

[Tellurian]

9. Well, seeing what is in place up thread...

We, actually may need to help in getting her Bill passed. And the reason I posted Bush's new directive up thread.

Bush is trying to do what Hitler did, remove Congressional Power from the decision making process.

[Adelante]

6. This is good

Thanks for posting.