EVERYONE TALKS ABOUT THAT LAW - PROVE IT

[LSK]

That the governor has to ask Bush. BUT I HAVE YET TO SEE ONE LINK TO A FEDERAL WEBSITE WITH THIS LAW. Can someone please please please post a link to this so called law????

In addition, can a President issue and executive order to override it in the case of emergencies???

And I do know about Blanco's request on August 28.

Please someone find this law that everyone says exists but nobody proves it.

[rodeodance]

1. The new Dept of Homeland Security has been so rearraged that I

wonder who knows what.

[jimshoes]

2. The simple truth is

the president should have been on the job and was not. That is the reality.

[displacedtexan]

3. I have the link to the Governor's request letter to George W.

It's a PDF file link (on my blog):

http://ascrivenerslament.blogspot.com/

The governor dotted all the I's and crossed all the T's last Saturday... before the storm hit.

[LSK]

9. thanks, got that already

I printed out a copy of it and it is linked from Randi's site and I just found it on http://gov.louisiana.gov

[xxqqqzme]

4. if U can find Blanco's letter of 8/28

it is cited & quoted in the opening paragraph. I'm certain there is a link around here or someone can provide it. I just got on so....is search still non-operating?

See - there it is... that's why I love this place.

[LSK]

5. Robert T. Stafford Disaster Relief and Emergency Assistance Act?

I guess I will try and find that...

on Edit: found it:

Blanco requested per section 401:

"§ 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.)

< Back To Top >
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However the President has the authority to act on his own:

"§ 5170a. GENERAL FEDERAL ASSISTANCE {Sec. 402}

In any major disaster, the President may--

1. direct any Federal agency, with or without reimbursement, to utilize its authorities and the resources granted to it under Federal law (including personnel, equipment, supplies, facilities, and managerial, technical, and advisory services) in support of State and local assistance efforts;

2. coordinate all disaster relief assistance (including voluntary assistance) provided by Federal agencies, private organizations, and State and local governments;

3. provide technical and advisory assistance to affected State and local governments for--
1. the performance of essential community services;
2. issuance of warnings of risks and hazards;
3. public health and safety information, including dissemination of such information;
4. provision of health and safety measures; and
5. management, control, and reduction of immediate threats to public health and safety; and

4. assist State and local governments in the distribution of medicine, food, and other consumable supplies, and emergency assistance.

(Pub. L. 93-288, title IV, § 402, as added Pub. L. 100-707, title I, § 106(a)(3), Nov. 23, 1988, 102 Stat. 4696.)"

http://www.fema.gov/library/stafact.shtm#sec401

[Fleshdancer]

6. Does this info help???

There's a ton of info here. Hopefully it will answer your question.

http://www.globalsecurity.org/military/library/policy/army/fm/5-114/Ch3.htm

Active Army units will support disaster-relief operations at the direction of their higher command. Exceptions occur when a serious emergency or disaster is imminent and waiting for instruction from higher authority is inappropriate. Criteria are outlined in the section on military assistance to disaster relief. In these cases, a military commander may do what is required to save human lives, prevent suffering, or lessen major property damage.


USAR units or individuals may perform disaster-relief operations under any of the following conditions (see AR 500-60 for additional guidance and limitations):


When ordered to active duty after the President has declared a national emergency.

When ordered by the DA on the recommendation of the CONUS Army commander and the CG, FORSCOM, as annual training.

When approved by the CG, FORSCOM, in a voluntary active duty for training (ADT) status.

When USAR commanders approve voluntary participation, with orders, during imminent serious conditions in a nondrill, nonpay status. USAR members taking part in such support are performing an official duty.

[LSK]

8. quite frankly, I dont trust globalsecurity

I would rather get the information right from a government website.

Looks like I found it:

http://www.fema.gov/library/stafact.shtm#sec401

[libertypirate]

7. So in a free country you need permission to help others.

This is sickening.

[LSK]

10. more proof that the President is GUILTY

§ 5191. PROCEDURE FOR DECLARATION {Sec. 501}

1. Request and declaration

All requests for a declaration by the President that an emergency exists shall be made by the Governor of the affected State. Such a request shall be based on a finding that the situation 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 a part of such request, and as a prerequisite to emergency assistance under this Act, the Governor shall take appropriate action under State law and direct execution of the State's emergency plan. The Governor shall furnish information describing the State and local efforts and resources which have been or will be used to alleviate the emergency, and will define the type and extent of Federal aid required. Based upon such Governor's request, the President may declare that an emergency exists.

2. Certain emergencies involving Federal primary responsibility

The President may exercise any authority vested in him by section 502 or section 503 <42 U.S.C. § 5192 or § 5193> with respect to an emergency when he determines that an emergency exists for which the primary responsibility for response rests with the United States because the emergency involves a subject area for which, under the Constitution or laws of the United States, the United States exercises exclusive or preeminent responsibility and authority. In determining whether or not such an emergency exists, the President shall consult the Governor of any affected State, if practicable. The President's determination may be made without regard to subsection (a).

(Pub. L. 93-288, title V, § 501, as added Pub. L. 100-707, title I, § 107(a), Nov. 23, 1988, 102 Stat. 4706.)

http://www.fema.gov/library/stafact.shtm

[Eloriel]

11. LSK -- wonder if you'd be interested

in some of the other info in my thread here:

***ATTN DU RESEARCHERS -- LIHOP/MIHOP evidence stacking up
http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=104&topic_id=4588088&mesg_id=4588088

(I'm adding your thread to it.)