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In a letter to National Security Adviser Robert McFarlane, Attorney General William French Smith strongly objects to martial law plans developed by the National Security Council and the Federal Emergency Management Agency (FEMA). Smith learns the full extent of the plans upon reviewing a proposal by the Reagan administration to change Executive Order 11490 (see October 28, 1969). The Reagan administration is holding the drafted changes, along with standby legislation to amend the 1950 Defense Resources Act (see September 25, 1984), in preparation for any emergency that may require a military-style takeover of the nation’s resources and population. The plans cover a range of crisis situations, including a nuclear attack, natural disasters, and civil unrest. Smith writes: “I believe that the draft executive order raises serious substantive and public policy issues that should be further addressed before this proposal is submitted to the president. In short I believe that the role assigned to the Federal Emergency Management Agency (FEMA) on the revised executive order exceeds its proper function as a coordinating agency for emergency preparedness.” Smith continues: “This department and others have repeatedly raised serious policy and legal objections to the creation of an ‘emergency czar’ role for FEMA. Specific policy concerns regarding recent FEMA initiatives include the abandonment of the principle of ‘several’ agency responsibility and the expansion of the definition of severe emergencies to encompass ‘routine’ domestic law enforcement emergencies. Legal objections relate to the absence of presidential or Congressional authorization for unilateral FEMA directives which seek to establish new federal government management structures or otherwise task cabinet departments and other federal agencies.” Despite the objections of the Justice Department, FEMA and the Reagan administration will not abandon the emergency doctrine. Before leaving office, Reagan will dramatically expand the government’s emergency powers and officially override Executive Order 11490 with Executive Order 12656 (see November 18, 1988). [Miami Herald, 7/5/1987; Reynolds, 1990]

Entity Tags: National Security Council, Federal Emergency Management Agency, Reagan administration, Robert C. McFarlane, William French Smith

Timeline Tags: Civil Liberties

US Representative Henry B. Gonzalez (D-TX) claims the Federal Emergency Management Agency (FEMA) is prepared to detain 400,000 Central Americans residing in the United States in the event of an emergency. According to the Texas Observer, Gonzalez says reliable intelligence sources have informed him that the plan, if implemented, would also include a certain number of US citizens, noting that the agency maintains a list of “subversive” individuals to be monitored and/or apprehended in the event of a national emergency, a possible reference to the FBI’s Administration Index (see 1985). [Texas Observer, 5/15/1987; Miami Herald, 7/5/1987]

Entity Tags: Henry Gonzalez, Federal Bureau of Investigation, Federal Emergency Management Agency

Timeline Tags: Civil Liberties

John Magaw.John Magaw. [Source: Public domain]About a week before 9/11, Federal Emergency Management Agency (FEMA) Director Joe Allbaugh replaces the agency’s acting deputy director, John Magaw, a veteran federal law enforcement agent and experienced counterterrorism official, with Michael Brown, a close friend of his and a long-time political associate with no previous experience in emergency management. [Baker, 2009, pp. 484] Magaw is a former director of the US Secret Service and of the Bureau of Alcohol, Tobacco, and Firearms (ATF). In December 1999, Magaw was appointed at FEMA to coordinate the agency’s domestic terrorism efforts. [Market Wire, 12/1999] Allbaugh nominated Michael Brown as the agency’s general counsel upon taking office in January. Brown previously worked as a lawyer for a horse racing association. He has no experience in disaster management (See March 1, 2003). According to Russ Baker, an independent investigative journalist and author of Family of Secrets, a Bush family expose: “One day, Mr. Allbaugh came in and said, ‘I know you’ve got these other things to do. I’m going to ask Mr. Brown to be deputy,’ recalled Magaw who promptly returned to the subordinate position assigned him by Clinton. The timing was remarkable. Just a week before September 11, 2001, Allbaugh replaced a key anti-terrorism official with a crony who had close to zero relevant experience.” [Baker, 2009, pp. 484]

Entity Tags: Joseph M. Allbaugh, Federal Emergency Management Agency, Michael D. Brown, John W. Magaw

Timeline Tags: Complete 911 Timeline

In a memo to FEMA Director Joe M. Allbaugh, the agency’s inspector general relays concerns over the Bush administration’s proposal to merge FEMA, along with several other agencies, into the newly-constituted new Department of Homeland Security. “There are concerns of FEMA losing its identity as an agency that is quick to respond to all hazards and disasters,” the inspector general writes. [Independent Weekly, 9/22/2004]

Entity Tags: Joseph M. Allbaugh, Federal Emergency Management Agency, US Department of Homeland Security

Timeline Tags: Hurricane Katrina

The Brookings Institution publishes a report warning that merging FEMA into the Department of Homeland Security will harm the agency’s capability to respond to natural disasters. “While a merged FEMA might become highly adept at preparing for and responding to terrorism, it would likely become less effective in performing its current mission in case of natural disasters as time, effort and attention are inevitably diverted to other tasks within the larger organization.” [Daalder et al., 7/2002 pdf file; Independent Weekly, 9/22/2004]

Entity Tags: US Department of Homeland Security, Federal Emergency Management Agency, Brookings Institution

Timeline Tags: Hurricane Katrina

FEMA is merged into the Emergency and Response Directorate of the Department of Homeland Security. Michael D. Brown, the agency’s new head (see March 1, 2003), assures skeptics that the revamped agency will be “FEMA on steroids.” [Independent Weekly, 9/22/2004] FEMA’s Cabinet status disappears as it becomes one of 22 government agencies to be consolidated into DHS. According to the Washington Post,“For a time… even its name was slated to vanish and become simply the directorate of emergency preparedness and response until then-DHS Secretary Tom Ridge relented.” [Washington Post, 9/4/2005]

Entity Tags: US Department of Homeland Security, Michael D. Brown, Federal Emergency Management Agency

Timeline Tags: Hurricane Katrina

After FEMA is incorporated into the Department of Homeland Security (see March 1, 2003), veteran FEMA employees complain of a massive “brain drain.” FEMA “has gone downhill within the department, drained of resources and leadership,” I.M. “Mac” Destler, a professor at the University of Maryland School of Public Policy, will tell the Washington Post shortly after the 2005 Hurricane Katrina disaster. At least one veteran FEMA staff member, Pleasant Mann, complains on the record about the changes FEMA is undergoing (see Mid-September 2004). [Washington Post, 9/9/2005] Local officials complain that FEMA’s new focus on terrorism threatens other necessary prevention programs. “With the creation of Homeland Security, [natural disaster prevention programs] have taken a backseat,” says Walter Maestri, emergency management director in Jefferson Parish. “To us, it is pretty obvious which is the greater threat. One is maybe, the other is when.” [Philadelphia Inquirer, 10/8/2004]

Entity Tags: Federal Emergency Management Agency, Michael D. Brown, US Department of Homeland Security

Timeline Tags: Hurricane Katrina

Innovative Emergency Management (IEM), an emergency management and homeland security consulting firm, announces that the Department of Homeland Security has awarded it a $500,000 contract to lead the development of a catastrophic hurricane disaster plan (see September 23, 2004) for Louisiana and the city of New Orleans. Announcing the award, IEM Director of Homeland Security Wayne Thomas notes that “the greater New Orleans area is one of the nation’s most vulnerable locations for hurricane landfall. Given this area’s vulnerability, unique geographic location and elevation, and troubled escape routes, a plan that facilitates a rapid and effective hurricane response and recovery is critical.” [Innovative Emergency Management, 6/3/2004; Insurance Journal, 6/9/2004; US Congress, 9/9/2005]

Entity Tags: US Department of Homeland Security, Innovative Emergency Management

Timeline Tags: Hurricane Katrina

Pleasant Mann, a 16-year FEMA veteran, says in an interview with the Independent Weekly that changes made to the agency by the Bush administration have so severely harmed FEMA staff morale that people are leaving “in droves.” Part of the problem, he says, has to do with the people Bush selected to run the agency. “The biggest frustration here is that we at FEMA have responded to disasters like Oklahoma City and 9/11, and here are people who haven’t responded to a kitchen fire telling us how to deal with terrorism. You know, there were a lot of people who fell down on the job on 9/11, but it wasn’t us… . Since last year, so many people have left who had developed most of our basic programs. A lot of the institutional knowledge is gone. Everyone who was able to retire has left, and then a lot of people have moved to other agencies.” Mann also complains that FEMA’s “priority is no longer on prevention.” FEMA’s merger into the Department of Homeland Security has made mitigation “the orphaned stepchild,” he says. [Independent Weekly, 9/22/2004]

Entity Tags: Bush administration (43), Federal Emergency Management Agency, US Department of Homeland Security, Pleasant Mann

Timeline Tags: Hurricane Katrina

Michael Chertoff, head of the Department of Homeland Security, unveils a massive restructuring plan for the agency. One of the changes envisioned by the plan, dubbed the “second-stage review,” would be to transfer the function of preparedness planning from FEMA to “a strengthened department preparedness directorate.” [Washington Post, 7/13/2005] Chertoff further explains that he plans “to take out of FEMA a couple of elements that were really not related to its core missions, that were generally focused on the issue of preparedness in a way that I think was frankly more of a distraction to FEMA than an enhancement to FEMA.” The Wall Street Journal notes this“would cement FEMA’s reduced role” and “[strip] away longstanding functions such as helping communities build houses outside flood zones.” [Wall Street Journal, 9/6/2005]

Entity Tags: Michael Chertoff, Federal Emergency Management Agency, US Department of Homeland Security

Timeline Tags: Hurricane Katrina

In a letter to Senators Susan Collins (R-Maine) and Joseph Lieberman (D-Conn.), the leaders of a key Senate committee that oversees the Department of Homeland Security (DHS), the National Emergency Management Association (NEMA), a group of state emergency directors, denounces a proposal (see July 13, 2005) to transfer preparedness functions from FEMA to a new preparedness directorate elsewhere in DHS. The NEMA letter argues that the move would disconnect disaster planning staff, grants, and programs from the state, local, and federal agencies that are supposed to respond. “It would have an extremely negative impact on the people of this nation.… Any unnecessary separation of these functions will result in a disjointed response and adversely impact the effectiveness of departmental operations.” David Liebersbach, president of NEMA and director of the Alaska Division of Homeland Security and Emergency Management, says he believes that the motive behind the proposal relates to terrorism prevention efforts, which are very different than the types of efforts required to mitigate and manage natural disasters. “Losing [the] natural hazards emphasis for FEMA is getting to be quite a concern,” he says. “Prior to FEMA, the very programs that became FEMA were fragmented and were very difficult for states to interface with. Now you start taking pieces out.” [Ledger (Lakeland, FL), 8/21/2005; Wall Street Journal, 9/6/2005; Reuters, 9/17/2005] Now there is a “total lack of focus on natural-hazards preparedness,” he says. “[The emphasis on terrorism] indicates that FEMA’s long-standing mission of preparedness for all types of disasters has been forgotten at DHS.” [Reuters, 9/17/2005]

Entity Tags: National Emergency Management Association, David Liebersbach

Timeline Tags: Hurricane Katrina

FEMA’s Friday Situation Update leads with Katrina, but does not discuss current FEMA operations related to the hurricane. [Federal Emergency Management Agency, 8/25/2005] According to the Saturday Update, however, FEMA will activate its Red Team at the National Response Coordination Center (NRCC) today. [Federal Emergency Management Agency, 8/26/2005] The NRCC, a functional component of the Homeland Security Operations Center (HSOC), is a multi-agency center that provides overall federal response coordination. [US Department of Homeland Security, 9/16/2005] The NRCC activates the following Emergency Support Functions (ESFs) and operations to prepare for Katrina:
bullet 1-Transportation (with an Air Ops Element)
bullet 3-Public Works and Engineering
bullet 4-Fire Fighting
bullet 5-Information and Planning
bullet 7-Resource Support
bullet 15-External Affairs
bullet Military Liaison. Note that FEMA does not list ESFs 14 and 15 as standard functions on its FEMA website. [Federal Emergency Management Agency, 10/24/2004] However, these functions are part of the National Response Plan (NRP) issued by the Department of Homeland Security in December 2004. [US Department of Homeland Security, 12/2004] According to the NRP, ESF-15 provides the resource support and mechanisms to implement the DHS’s Public Affairs policies and procedures. The Public Affairs policies and procedures, in turn, are intended “to rapidly mobilize Federal assets to prepare and deliver coordinated and sustained messages to the public in response to Incidents of National Significance and other major domestic emergencies.” [US Department of Homeland Security, 12/2004] At the same time, FEMA’s Region 4 Response Coordination Center (RRCC), which serves Alabama, Florida, and Mississippi, elevates to Level 2. [Federal Emergency Management Agency, 8/26/2005] The RRCC coordinates regional response efforts and implements local Federal program support until a Joint Field Office is established. [US Department of Homeland Security, 9/16/2005] Region 4’s RRCC activates the ESFs listed above, along with ESF-14 (long-term community recovery and mitigation). [Federal Emergency Management Agency, 8/26/2005] There is no mention of Region 6, which serves Louisiana.

Entity Tags: Hurricane Katrina, Federal Emergency Management Agency, National Response Coordination Center

Timeline Tags: Hurricane Katrina

FEMA Director Michael Brown will spend today working on hurricane preparations in his office. Brown will sign off on two declarations; one releasing federal money for the response to Katrina, the other approving a similar request for money to battle a California wildfire, FEMA officials will later tell National Public Radio. DHS Secretary Michael Chertoff will monitor the situation from his home, according to a later statement from Russ Knocke, the Homeland Security representative. [National Public Radio, 9/16/2005]

Entity Tags: Michael Chertoff, Michael D. Brown, Russ Knocke

Timeline Tags: Hurricane Katrina

At 6:00 am, FEMA’s National Response Coordination Center (NRCC) transitions to 24-hour operations, activating the Emergency Management Assistance Compact (EMAC). FEMA also activates several more emergency support functions (in addition to those that were activated on Thursday (see 11:00 am EDT August 25, 2005)), including: communications; mass care (managing and coordinating food, shelter and first aid for victims, providing bulk distribution of relief supplies, and operating a system to assist family reunification); health and medical services; urban search and rescue; food delivery; hazardous materials management; and energy (restoring power and fuel supplies). [Federal Emergency Management Agency, 8/27/2005]

Entity Tags: Emergency Management Assistance Compact, National Response Coordination Center, Federal Emergency Management Agency

Timeline Tags: Hurricane Katrina

Around this time, FEMA Director Michael Brown sends a letter to DHS Secretary Michael Chertoff, requesting 1,000 additional DHS employees within 48 hours, and 2,000 within seven days. Based on the letter, Brown seeks volunteers to serve as community relations liaisons. Describing Katrina as “this near catastrophic event,” Brown describes the role of the requested volunteers as follows:
bullet Establish and maintain positive working relationships with disaster affected communities and the residents of those communities.
bullet Collect and disseminate information and make referrals for appropriate assistance.
bullet [Identify] potential issues within the community and report[] to appropriate personnel.
bullet Convey a positive image of disaster operations to government officials, community organizations and the public.
bullet Perform outreach with community leaders on available Federal disaster assistance. [Federal Emergency Management Agency, 8/29/2005 pdf file] Natalie Rule, FEMA representative, will later confirm that Brown is seeking volunteers to “answer phones, do community relations and help set up field hospitals,” and similar “non-emergency tasks.” [CNN, 9/7/2005]
Note - When this memo becomes public, many will criticize Brown, charging, for example, that “Brown waited until about five hours after the storm’s landfall before he proposed sending 1,000 federal workers to deal with the aftermath” [Time, 9/11/2005] , or, as the Boston Globe reports, that “[Brown] did not ask the authority to dispatch FEMA personnel to the region until five hours after the storm had passed.” [Boston Globe, 9/11/2005] However these reports fail to recognize that, at the time Brown requests these volunteers, FEMA has already deployed more than 1,000 staff members workers to the area (see August 28, 2005). [CNN, 9/7/2005]

Entity Tags: Michael Chertoff, Hurricane Katrina, Michael D. Brown

Timeline Tags: Hurricane Katrina

FEMA issues a release urging “all fire and emergency services departments not to respond to counties and states affected by Hurricane Katrina without being requested and lawfully dispatched by state and local authorities under mutual aid agreements and the Emergency Management Assistance Compact.” According to FEMA Director Michael Brown, “The response to Hurricane Katrina must be well coordinated between federal, state and local officials to most effectively protect life and property. We appreciate the willingness and generosity of our Nation’s first responders to deploy during disasters. But such efforts must be coordinated so that fire-rescue efforts are the most effective possible.” The US Fire Administration, part of FEMA, asks that fire and emergency services organizations remain in contact with their local and state emergency management agency officials for updates on requirements in the affected areas. According to R. David Paulison, US Fire Administrator, “It is critical that fire and emergency departments across the country remain in their jurisdictions until such time as the affected states request assistance.… State and local mutual aid agreements are in place as is the Emergency Management Assistance Compact and those mechanisms will be used to request and task resources needed in the affected areas.” The National Incident Management System is being used during the response to Hurricane Katrina and that self-dispatching volunteer assistance could significantly complicate the response and recovery effort. [Federal Emergency Management Agency, 8/29/2005]

Entity Tags: Emergency Management Assistance Compact, US Fire Administration, R. David Paulison, Michael D. Brown, Hurricane Katrina, Federal Emergency Management Agency

Timeline Tags: Hurricane Katrina

Boeing is awarded a contract to upgrade the fleet of four E-4B National Airborne Operations Center planes over the next five years. The E-4B is a modified Boeing 747 crammed with electronics to serve as a flying command post in war or during an emergency. The contract is capped at $2 billion, but it is unclear why so much money is needed to modernize such a small number of aircraft. [Defense Industry Daily, 12/27/2005] An E-4B was seen over Washington, DC on 9/11 (see Early September 2001).

Entity Tags: Boeing Company, E-4B National Airborne Operations Center, US Department of Defense

Timeline Tags: US Military

Congress rewrites a two-centuries-old prohibition against the president using federal troops, or state National Guard troops acting under federal control, to act as police on domestic soil. The prohibition dates back to the Insurrection Act of 1807, which stated that the only circumstance under which the president could use troops to enforce the law against US citizens is during a time of armed revolt. The ban on using troops against citizens was strengthened by the 1878 Posse Comitatus Act, which forbids any government official from using military soldiers as police without specific authorization from Congress. The new law stems from the reported lawlessness that swept New Orleans after Hurricane Katrina devastated large parts of the city. The governor of Louisiana, Democrat Kathleen Blanco, refused to allow the federal government to take over the evacuation of the city, fearing that the change would amount to martial law (see 11:00 am EDT August 25, 2005). After this rejection, and the devastation wrought in Texas by Hurricane Rita just weeks later, President Bush began discussing the idea of a new law that would allow the president to impose martial law in a region for reasons other than citizen uprisings. He called it “making the Department of Defense the lead agency” in handling emergencies such as those created by Katrina and Rita, or by another terrorist attack on the scale of 9/11. (Former Justice Department lawyer John Yoo argues that the president does not need any new laws because his inherent authority as commander in chief lets him send federal troops anywhere he likes, no matter what the law says.) A year later, Congressional Republicans slip a provision into a large military appropriations bill allowing the president to deploy federal troops as police at his discretion, regardless of the possible objections of state governors. Any situation in which the president feels the “constituted authorities of the State or possession are incapable of maintaining public order” can trigger military control of a city, county, or state at the president’s behest. Bush signs the law into effect on October 17 with virtually no debate or public discussion. [Savage, 2007, pp. 316-319]

Entity Tags: US Department of Defense, George W. Bush, Insurrection Act, Posse Comitatus Act, Kathleen Babineaux Blanco, John C. Yoo

Timeline Tags: Civil Liberties

Congress, stung into action by the Bush administration’s poor response to Hurricane Katrina and particularly the ineptitude of Michael Brown, the former director of the Federal Emergency Management Agency (FEMA—see Early September 2001), passes a law saying that President Bush must nominate a replacement who has “a demonstrated ability in and knowledge of emergency management,” and “not less than five years of executive leadership.” In a signing statement, Bush says that only he, the head of the executive branch, can decide who to appoint to offices. Therefore, he states, he is ignoring the prohibition. [Savage, 2007, pp. 239-240]

Entity Tags: Bush administration (43), George W. Bush, Federal Emergency Management Agency

Timeline Tags: Civil Liberties

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