From time to time this blog will point out defects--some major some minor--in statutes in the US Code that are either directly contrary to the main purposes of the statutes or adversely impact implementation. Not the entire code of course--just statutes administered primarily by DHS and FEMA.
Other statutes with major defects related to HS/EM are readily available for others to analyze. For example virtually all of EPA's statutory authority have failed to be comprehensively updated and many since the agency was founded. If I had to pick out two it would be the Clean Air Act and the Clean Water Act.
So I thought I would start with Title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act which was enacted by Public Law 103-337 and derives from Public Law 920 of the 81st Congress that was the Federal Civil Defense Act of 1950. Some history of that statute appears on the documents listed at the top of the home page of this blog.
So my version would totally replace the current version of Title VI enacted hurriedly and in an effort primarily not to design good legislation but to remove the Senate and House Armed Services from direct oversight of any FEMA programs, functions, or activities in the early 90's. Title VI did accomplish that Congressional jurisdictional change but is not a well drafted effort.
So here is my version:
TITLE 42 UNITED STATES CODE--PUBLIC HEALTH AND WELFARE
CHAPTER 68 --- DISASTER RELIEF
SUBCHAPTER IV-B- NATIONAL RESILENCE IN EMERGENCIES
Declaration of Policy (42 U.S.C. §5195)
§601. The purpose of this subchapter is to provide a system of resilience for the protection of life and property in the United States from all-hazards not subject to regulation under the Commerce Clause of the Constitution and their accidental or intentional occurrence. The Congress recognizes that this resilience has elements of prevention, protection, preparedness, mitigation, response and recovery and that governmental organizational structures established by the Federal government and the States and their political subdivisions for emergency preparedness purposes can be effectively utilized to provide relief and assistance to people in areas of the United States struck by any hazard. The Federal Government shall provide necessary direction, coordination, and guidance, and shall provide necessary assistance, as authorized in this subchapter so that a comprehensive system to promote the elements of resilience exists for all hazards.
Definitions (42 U.S.C. §5195a)
§602. (a) Definitions. For purposes of this subchapter only:
(1) Hazard.
The term “hazard” means an emergency or disaster resulting from-
(A) a natural disaster; or
(B) an accidental or intentional event.
(2) Natural Disaster.
The term “natural disaster” means any hazard such as hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, drought, fire, or other catastrophic incident or event in any part of the United States that causes, or that may cause, substantial damage or injury to civilian property or persons.
(3) Resilience.
The term “resilience" means all those activities and measures designed or undertaken to prepare for or minimize the effects of a hazard upon the civilian population, to deal with the immediate emergency conditions which would be created by the hazard, and to effectuate emergency repairs to, or the emergency restoration of, vital utilities and facilities destroyed or damaged by the hazard. Such term includes the following:
(A) Measures to be undertaken in preparation for anticipated hazards (including the establishment of appropriate organizations, operational plans, and supporting agreements, the recruitment and training of personnel, the conduct of research, the procurement and stockpiling of necessary materials and supplies, the provision of suitable warning systems, the construction or preparation of shelters, shelter areas, and control centers, and, when appropriate, the non-military evacuation of the civilian population).
(B) Measures to be undertaken during a actual incident or event the evacuation of personnel to shelter areas, the control of traffic and panic, and the control and use of lighting and civil communications; issuance of Protective Action Recommendations and Decisions to the public, fire fighting, search and rescue, emergency medical, health and sanitation services, monitoring for specific dangers or special weapons, unexploded bomb reconnaissance, essential debris clearance, emergency welfare measures, and immediately essential emergency repair or restoration of damaged vital facilities.
(b) Cross Reference.
The terms “national defense” and “defense”, as used in the Defense Production Act of 1950 (50 U.S.C. App. §2061 et seq.), includes resilience programs, functions, and activities conducted pursuant to this Title.
PART A -- POWERS AND DUTIES
Detailed Functions of Administration (42 U.S.C. §5196)
§611. (a) In General.
In order to carry out the policy described in §601[42 U.S.C.§5195], the Secretary Department of Homeland Security shall have the authorities provided in this section.
(b) Federal REsilience Plans and Programs.
The Secretary may prepare Federal plans and administer programs, functions, and activities to provide for the civil security and resilience of the United States or sponsor and assist such plans and programs when conducted by other governmental units.
(c) Delegation of Responsibilities.
With the approval of the President, the Secretary may cross delegate to other departments and agencies of the Federal government appropriate responsibilities and review and coordinate the activities of the departments and agencies with each other.
d) Communications and Warnings.
The Secretary shall make appropriate provision for necessary communications and for dissemination of warnings and alerts to the civilian population of the United States..
(2) developing shelter designs and materials for protective covering or construction; and
(3) developing equipment or facilities and effecting the standardization thereof to meet emergency preparedness requirements.
(b) conduct or operate schools, including the payment of travel expenses, in accordance with subchapter I of chapter 57 of title 5, United States Code, and the Standardized Government Travel Regulations, and per diem allowances, in lieu of subsistence for trainees in attendance of the furnishing of subsistence and quarters for trainees and instructor on terms prescribed by the Director.
((3) The Director may lease real property required for the purpose of carrying out this subsection, but may not acquire fee title to property unless specifically authorized by law.
(c) Emergency Public Informaton.
The Secretary may publicly disseminate appropriate emergency public information by all appropriate means.
(d) Interstate Emergency Preparedness Compacts.
(1) The Secretary may ---
(A) assist and encourage the States to negotiate and enter into interstate compacts that support resilience;
(B) review the terms and conditions of such proposed compacts in order to assist, to the extent, feasible, in obtaining uniformity between such compacts and consistency with plans and programs;
(C) aid and assist in encouraging reciprocal emergency preparedness legislation by the States which will permit the furnishing of mutual aid for emergency preparedness in the event of a hazard which cannot be adequately met or controlled by a State or political subdivision thereof threatened with or experiencing a hazard.
(2) A copy of each interstate emergency preparedness compact shall be transmitted promptly to the Senate and the House of Representatives. The consent of Congress is deemed to be granted to each such compact upon the expiration of the 60-day period beginning on the date on which the compact is transmitted to Congress.
(3) Nothing in this subsection shall be construed as preventing Congress from disapproving, or withdrawing at any time its consent to, any interstate emergency preparedness compact.
(4) The Director may procure and maintain under this subsection radiological, chemical, bacteriological, and biological agent monitoring and decontamination devices and distribute such devices by loan or grant to the States for emergency preparedness purposes under such terms and conditions as the Director shall prescribe.
(j) Financial Contributions.
Mutual Aid Pacts Between States and Neighboring Countries (42 U.S.C. §5196a)
§612. The Secretary shall give all practicable assistance to States in arranging, through the Department of State, mutual emergency preparedness aid between the States and neighboring countries.
Part B ---General Provisions
ADMINISTRATIVE AUTHORITY
(42 U.S.C. §5197)
§621. (a) In General.
For the purpose of carrying out the powers and duties assigned to the Secretary under this subchapter, the Secretary may exercise the administrative authorities provided under this section.
(b) Advisory Personnel.
(1) The Secretary may employ not more than 50 part-time or temporary advisory personnel (including not to exceed 25 subjects of the United Kingdom or citizens of Canada) as the Secretary considers to be necessary in carrying out the provisions of this subchapter.
(c) Services of Other Agency Personnel and Volunteers.
The Secretary may ---
(1) use the services of Federal agencies and, with the consent of any State or local government, accept and use the services of State and local agencies;
(2) establish and use such regional and other offices as may be necessary; and
(3) use such voluntary and uncompensated services by individuals or organizations as may from time to time be needed.
(d) Costs. [Gifts]
Notwithstanding any other provision of law, the Secretary may accept gifts of supplies, equipment, and facilities and may use or distribute such gifts for emergency preparedness purposes in accordance with provisions of this subchapter.
(e) Reimbursement.
The Secretary may reimburse any Federal agency for any of its expenditures or for compensation of its personnel and use or consumption of its materials and facilities under this subchapter to the extent funds are available.
(g) Rules and Regulations.
The Secreatry may prescribe such rules and regulations as may be necessary and proper to carry out any of the provisions of this subchapter and perform any of the powers and duties provided by this subchapter. The Secretary may perform any of the powers and duties provided by this subchapter through or with the aid of such officials of the Federal Emergency Management Agency as the Secretary may designate.
(h) Prevention of waste, fraud or abuse.
(1) When, after reasonable notice and opportunity for hearing to the State or other person involved, the Secretary finds that there is a failure to expend funds in accordance with the regulations, terms, and conditions established under this subchapter for approved emergency preparedness plans, programs, or projects, the Secretary may notify such State or person that further payments will not be made to the State or person from appropriations under this subchapter (or from funds otherwise available subchapter for any approved plan, program, or project with respect to which there is such failure to comply) until the Secretary is satisfied that there will no longer be any such failure.
(2) Until so satisfied, the Secretary shall either withhold the payment of any financial contribution to such State or person or limit payments to those programs or projects with respect to which there is substantial compliance with the regulations, terms and conditions governing plans, programs, or projects hereunder.
(3) As used in this subsection, the term ‘person’ means the political subdivision of any State or combination or group thereof or any person, corporation, association, or other entity of any nature whatsoever, including instrumentalities of States and political subdivisions.
Security Regulations (42 U.S.C.§5197a)
Use of Existing Facilities (42 U.S.C. §5197b)
§623. Use of Existing Facilities.
In performing duties under this subchapter, the Secretary---
(1) shall cooperate with the various departments and agencies of the Federal government;
(2) shall use, to the maximum extent, the existing facilities and resources of the Federal government and, with their consent, the facilities and resources of the States and political subdivisions thereof, and of other organizations and agencies; and
(3) shall refrain from engaging in any form of activity which would duplicate or parallel activity of any other Federal department or agency unless the Secretary, with the written approval of the President, shall determine that such duplication is necessary to accomplish the purposes of this subchapter.
Applicability of subchapter (42 U.S.C. §5197d)
§625. The provisions of this subchapter shall be applicable to the United States, its States, Territories and possessions, and the District of Columbia, and their political subdivisions.
Authorization of Appropriation and Transfers of Funds (42 U.S.C. §5197e)
§626. (a) Authorization of Appropriations.
There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this subchapter.
(b) Transfer Authority.
Funds made available for the purposes of this subchapter may be allocated or transferred for any of the purposes of this subchapter, with the approval of the Director of the Office of Management and Budget, to any agency or government corporation designated to assist in carrying out this subchapter. Each such allocation or transfer shall be reported in full detail to the Congress within 30 days after such allocation or transfer.
Relation to Atomic Energy Act of 1954 (42 U.S.C. §5197f)
§627. Nothing in this subchapter shall be construed to alter or modify the provisions of the Atomic Energy Act of 1954 (42 U.S.C. §2011 et seq.)
Federal Bureau of Investigation (42 U.S. C. §5197g)
§628. Nothing in this subchapter shall be construed to authorize investigations of espionage, sabotage, or subversive acts by any persons other than personnel of the Federal Bureau of Investigation.
Looking forwards to Congress consideration of this modified Title VI!
Showing posts with label Congress. Show all posts
Showing posts with label Congress. Show all posts
Wednesday, November 17, 2010
Friday, November 5, 2010
What the Tea Party REPS can contribute?
As far as I can discern the TEA PARTY has few if any elected positions where the individuals were registered as TEA PARTY as opposed to Republicans or Democrats. Whether of not that is accurate there are some responsible things that the TEA PARTY could contribute to the National Dialogue. Some of these are counterintuitive and I am not a TEA PARTY supporter although since about 1990 I have believed that the US is in an approximately 30 years realignment of its political parties and approaches to governance. I will also be publishing a short piece on both the DEMS and the GOP and what they should do. As always they all will be most skilled at doing what they cannot in fact accomplish and will be at their most destructive, often self-destructive, IMO.
I promise to get back to HS/EM shortly as this whole line of posts should be considered a deviation and just to place in context the political milieu that HS/EM will face over the rest of this decade.
So here is my TEA PARTY laundry list with which some may agree and many will disagree:
(1) Push for reorganization of the HOUSE committee structure, and push for a permanent JOINT CONGRESSIONAL COMMITTEE on federalism.
(2) Push to make a number of DOD organizations primarily civilian organizations reflecting reality. A hard look at USACOE would be a good start.
(3) A consolidated National Security Budget including DOE and DHS and the incorporation of the Military Construction appropriation and VA into this budget.
(4) Push the STATES to eliminate the weakest units of their local governments in order to strengthen STATE governments.
(5) Push for direct federal assistance to the public safety budgets of the largest [perhaps the 5-600 largest municipal entities) on a permanent basis.
(6) Requst GAO to produce a recommended consolidation and updating of all reports mandated by statute from the Executive Branch to Congress and eliminate one-time reports without specific approval of the Homeland Security and Governmental Affairs Committee in the Senate and the Government Reform and Oversight Committee in the HOUSE. But also specific reporting needs, and those on an emergency basis could be brough under a system to incorporate that effort into the standard reporting scheme.
(7) Request that a national security [including HS/EM]impact statement, an environmental impact statement, and a federalism impact statement, a science/tehnology impact statement, or justification for no such statement, accompany each bill when it reaches the floor before any floor vote. An emergency procedure could be utilized to deal with emergency needs.
(8) Rewrite the Stafford Act to allow the President to declare Catastrophic Disasters and Emergencies and vest authority in the Adminstrator of FEMA to declare all disasters below the level of a catastrophe, just as the Secretary of Agriculture has declaration authority, and the Small Businees Administrator. The Administrator FEMA would also prepare a one-time report on numbers of disaster and emergency declarations by STATE since 1950 ranked by number of declarations and also ranked by total outlays since the passage of Public Law 875 of the 81st Congress.
(9) Request each department and agency to prepare a list of all programs, functions, and activities authorized by appropriation act with no formal authorization language by any Committee of the Congress.
(10) Mandate the for each CRS or GAO report both of those entities prepare and appendix of their reports on the subject for the last decade on a rolling basis. Also an open recommendations of GAO on the same subject should be identified and status given.
Well that is it! Sounds simple but this would help the TEA PARTY IMO. Oddly beyond technical and administrative changes the votes are not yet there for the TEA PARTY to do more.
I promise to get back to HS/EM shortly as this whole line of posts should be considered a deviation and just to place in context the political milieu that HS/EM will face over the rest of this decade.
So here is my TEA PARTY laundry list with which some may agree and many will disagree:
(1) Push for reorganization of the HOUSE committee structure, and push for a permanent JOINT CONGRESSIONAL COMMITTEE on federalism.
(2) Push to make a number of DOD organizations primarily civilian organizations reflecting reality. A hard look at USACOE would be a good start.
(3) A consolidated National Security Budget including DOE and DHS and the incorporation of the Military Construction appropriation and VA into this budget.
(4) Push the STATES to eliminate the weakest units of their local governments in order to strengthen STATE governments.
(5) Push for direct federal assistance to the public safety budgets of the largest [perhaps the 5-600 largest municipal entities) on a permanent basis.
(6) Requst GAO to produce a recommended consolidation and updating of all reports mandated by statute from the Executive Branch to Congress and eliminate one-time reports without specific approval of the Homeland Security and Governmental Affairs Committee in the Senate and the Government Reform and Oversight Committee in the HOUSE. But also specific reporting needs, and those on an emergency basis could be brough under a system to incorporate that effort into the standard reporting scheme.
(7) Request that a national security [including HS/EM]impact statement, an environmental impact statement, and a federalism impact statement, a science/tehnology impact statement, or justification for no such statement, accompany each bill when it reaches the floor before any floor vote. An emergency procedure could be utilized to deal with emergency needs.
(8) Rewrite the Stafford Act to allow the President to declare Catastrophic Disasters and Emergencies and vest authority in the Adminstrator of FEMA to declare all disasters below the level of a catastrophe, just as the Secretary of Agriculture has declaration authority, and the Small Businees Administrator. The Administrator FEMA would also prepare a one-time report on numbers of disaster and emergency declarations by STATE since 1950 ranked by number of declarations and also ranked by total outlays since the passage of Public Law 875 of the 81st Congress.
(9) Request each department and agency to prepare a list of all programs, functions, and activities authorized by appropriation act with no formal authorization language by any Committee of the Congress.
(10) Mandate the for each CRS or GAO report both of those entities prepare and appendix of their reports on the subject for the last decade on a rolling basis. Also an open recommendations of GAO on the same subject should be identified and status given.
Well that is it! Sounds simple but this would help the TEA PARTY IMO. Oddly beyond technical and administrative changes the votes are not yet there for the TEA PARTY to do more.
Wednesday, November 3, 2010
Instant Analysis--Election 2010
ENERGY! Well instant analysis is ususally wrong and perhaps that holds for this post. TEA Party energy both helped and hurt the GOP and now the main question is how does that energy translate into focus on GOP pressure points and Congressional activity. I am guessing that a lame duck session will in fact be lame with the highest priority acting on the CR [Continuing Resolution] to keep the federal government running after December 3rd and also to lift the debt ceiling. Both these actions could provide an early indication of the rough slogging ahead for an administration that after two years seems to me to be sagging the sprinter's sag after the dashs and not reflecting the pacing of the long distance runner. Could be wrong of course.
Okay what to me are the three most important elections to focus on for long-term impacts. First is election of Cuban-American Marc Rubio in Florida where Crist might have won if the DEM had pulled out. Probably not important that Rubio outpolled Christ and DEM combined. But reason that election is important sets up Jeb Bush nicely for Presidential campaign for President in 2012 and makes really interesting how US reacts to death of Castro if it occurs in next several years. I argue that NO President can be elected without Florida, Texas or California and ususally needs combination thereof. Jerry Brown, newly elected Governor of CA is not going to run for President again so California will not have a favorite son. Does not mean that Florida and TEXAS, one or both will not have one in 2012.
Second most important election to federal office--Portman in Ohio. This guy is for real substantively. He will be dominate force in the Republican Senate that will exist after taking over majority in 2012. Only a huge Presidential turnout for DEMS and victory will keep Republicans from Senate majority in the 113th Congress IMO. Unless Hillary is on ticket one way or another no chance for DEMS to re-elect OBAMA in 2012. Still predicting his withdrawal. Biden's also.
Okay, third most important election to Senate is Blumenthal in Connecticut. He will be running the DEMS in the Senate before very long either as Minority Leader of Majority leader before this decade ends. Watching Blumenthal and Portman duel as freshman Senators will be refreshing fun and very very substantive fight for future of the Senate. The other DEMS are tired and Reid may want to give up as Majority Leader voluntarily but let's just see.
Fun new governor to watch, Kasich in Ohio. This guy is the ultimate political bull and the real real thing. He is going to rough march reapportioned Ohio in the Republican stronghold it was throughout the post-civil war period. This guy has rough edges but could be Presidential timber. His problem is Portman, his state's junior US Senator.
I would argue that virtually none of the newly elected DEMS or re-elected DEMS have the drive, energy, competence to be factors in the long run outside of Blumenthal in Connecticut. The DEMS bench is extremely weak and the Presidency of Barack Obama has shown so far no sign of mentoring and of note is another Congress with NO black US Senators.
Well all for now!
Okay what to me are the three most important elections to focus on for long-term impacts. First is election of Cuban-American Marc Rubio in Florida where Crist might have won if the DEM had pulled out. Probably not important that Rubio outpolled Christ and DEM combined. But reason that election is important sets up Jeb Bush nicely for Presidential campaign for President in 2012 and makes really interesting how US reacts to death of Castro if it occurs in next several years. I argue that NO President can be elected without Florida, Texas or California and ususally needs combination thereof. Jerry Brown, newly elected Governor of CA is not going to run for President again so California will not have a favorite son. Does not mean that Florida and TEXAS, one or both will not have one in 2012.
Second most important election to federal office--Portman in Ohio. This guy is for real substantively. He will be dominate force in the Republican Senate that will exist after taking over majority in 2012. Only a huge Presidential turnout for DEMS and victory will keep Republicans from Senate majority in the 113th Congress IMO. Unless Hillary is on ticket one way or another no chance for DEMS to re-elect OBAMA in 2012. Still predicting his withdrawal. Biden's also.
Okay, third most important election to Senate is Blumenthal in Connecticut. He will be running the DEMS in the Senate before very long either as Minority Leader of Majority leader before this decade ends. Watching Blumenthal and Portman duel as freshman Senators will be refreshing fun and very very substantive fight for future of the Senate. The other DEMS are tired and Reid may want to give up as Majority Leader voluntarily but let's just see.
Fun new governor to watch, Kasich in Ohio. This guy is the ultimate political bull and the real real thing. He is going to rough march reapportioned Ohio in the Republican stronghold it was throughout the post-civil war period. This guy has rough edges but could be Presidential timber. His problem is Portman, his state's junior US Senator.
I would argue that virtually none of the newly elected DEMS or re-elected DEMS have the drive, energy, competence to be factors in the long run outside of Blumenthal in Connecticut. The DEMS bench is extremely weak and the Presidency of Barack Obama has shown so far no sign of mentoring and of note is another Congress with NO black US Senators.
Well all for now!
Wednesday, October 27, 2010
Proof Of Life--Can DHS survive a Republican Congress?
It should be noted that somewhere between 88 and 110 Congressional Committees have some piece of oversight over DHS and its programs, functions, and activities. Oddly, since the end of the first George W. Bush Administration the Republican testiness demonstrated almost continuously with DHS has grown. Probably because there is a miniscule but brilliant Libertarian core in the Republican Party that really does think that Big Government and its intrusiveness is a problem of deep concern, as opposed to the TEA PARTY which is led largely by people who do not read or write and therefore don't think very clearly that also oppose big government.
Well DHS is really not such a big government big problem. What has happened is that most of the really critical programs, functions, and activities of DHS are understaffed while those that were part of the DOD culture in the past, and are now, who are housed in DHS continue to act as though DHS is a mini-DOD and does not have to rely on brains but can rely on contractors and brawn. Most of the large contracts of DHS have resulted in failed deliverables for one reason or another including primarily SIBNET, electronic border fences, IT etc. Some out of sight that failed that were large as far as the programs concerned was the MICHAEL BAKER/IBM effort at remapping the country's flood plains.
Well all of this makes for great sharpshooting or perhaps turkey shooting for a Republican Congress. They will really be having fun and some of it will be driven by very serious people that happen to align with the need for effective oversight of DHS.
And let's summarize. DHS for example failed to produce many many Congressionaly mandated reports, or if it did produce them even the slightest review of their formulation (usually by Contractor staff), specifics, and recommendations could drive DHS crazy with oversight. My guess is DHS will beef up its staff with fleeing Democratic staffers from a defeated DEM majority in the new Congress--the 112th.
The fact that much of DHS failed efforts track back to the George W. Bush Administration means that some work on oversight will have to be done to distinguish recent DHS failures from the long-term ones. This should not be too difficult.
If I was conducting the oversight I would just ask the Secretary DHS and her staff to explain exactly what was the role of DHS in various events, like the Times-Square Bomber, H1N1 Pandemic, BP catastrophe, etc. etc. And of course my critical threesome are WMD policy and implementation, Cyber Security [also computer security], and Domestic INTEL collection, analysis, and dessemination. There is no way that DHS can explain some of its efforts in these "discipines" without supplying rope to hang themselves. This is of course precisely why I expect massive cuts in DHS budgets and massive attempts to maintain the huge and unwieldy management oversight system of DHS which continues to draw funding and staff from critical ops. This is not a flat organization and in fact some units still have no real mission assignment grounded in statutory or Executive Order language or HSPD mandates. By the way the later two sources of authority, to the extent they are legal authority, look like revisions in the next year will wipe out most of the references to DHS, and only if they are put on an all-hazard basis will DHS retain any glimmers of authroity from those documents. And of course any resort to all-hazards authority strengthens FEMA not DHS which as all know is not really an all-hazard agency. And DHS is still reluctant to label its criminal law enforcement staff, the badge carrying, gun-toting staff, as federal law enforcement in any prominent way.
And of course the Republican's could reorganize the House Committee structure just to spit in the face of a poorly organized DEM Senate Majority.
Time will tell of course.
Well DHS is really not such a big government big problem. What has happened is that most of the really critical programs, functions, and activities of DHS are understaffed while those that were part of the DOD culture in the past, and are now, who are housed in DHS continue to act as though DHS is a mini-DOD and does not have to rely on brains but can rely on contractors and brawn. Most of the large contracts of DHS have resulted in failed deliverables for one reason or another including primarily SIBNET, electronic border fences, IT etc. Some out of sight that failed that were large as far as the programs concerned was the MICHAEL BAKER/IBM effort at remapping the country's flood plains.
Well all of this makes for great sharpshooting or perhaps turkey shooting for a Republican Congress. They will really be having fun and some of it will be driven by very serious people that happen to align with the need for effective oversight of DHS.
And let's summarize. DHS for example failed to produce many many Congressionaly mandated reports, or if it did produce them even the slightest review of their formulation (usually by Contractor staff), specifics, and recommendations could drive DHS crazy with oversight. My guess is DHS will beef up its staff with fleeing Democratic staffers from a defeated DEM majority in the new Congress--the 112th.
The fact that much of DHS failed efforts track back to the George W. Bush Administration means that some work on oversight will have to be done to distinguish recent DHS failures from the long-term ones. This should not be too difficult.
If I was conducting the oversight I would just ask the Secretary DHS and her staff to explain exactly what was the role of DHS in various events, like the Times-Square Bomber, H1N1 Pandemic, BP catastrophe, etc. etc. And of course my critical threesome are WMD policy and implementation, Cyber Security [also computer security], and Domestic INTEL collection, analysis, and dessemination. There is no way that DHS can explain some of its efforts in these "discipines" without supplying rope to hang themselves. This is of course precisely why I expect massive cuts in DHS budgets and massive attempts to maintain the huge and unwieldy management oversight system of DHS which continues to draw funding and staff from critical ops. This is not a flat organization and in fact some units still have no real mission assignment grounded in statutory or Executive Order language or HSPD mandates. By the way the later two sources of authority, to the extent they are legal authority, look like revisions in the next year will wipe out most of the references to DHS, and only if they are put on an all-hazard basis will DHS retain any glimmers of authroity from those documents. And of course any resort to all-hazards authority strengthens FEMA not DHS which as all know is not really an all-hazard agency. And DHS is still reluctant to label its criminal law enforcement staff, the badge carrying, gun-toting staff, as federal law enforcement in any prominent way.
And of course the Republican's could reorganize the House Committee structure just to spit in the face of a poorly organized DEM Senate Majority.
Time will tell of course.
Tuesday, October 26, 2010
Recommendations to the New House Leadership
Assuming that the 112th Congress has a House of Representatives that is majority Republican what are my recommendations.
First, that Committee Chairs be picked on Comptence based on their education, training, experience, and not political longevity. Theoretically this is now the system.
Second! Stop authorizing federal programs, functions, and activities through appropriation statutes. Let the Authorizing Committees get to work.
Third! Combine the Homeland Security and Armed Services Committee into a new National Security Committee.
Fourth: Adopt a rule that NO MEMBER of the HOUSE OF REPRESENTATIVES may represent the interests of a contractor either in committee or on the floor of the HOUSE without first publically revealing the lifetime totals of contributions from that Contractor.
FIFTH: NO FOREIGN NATIONAL, even with dual citizenship, may be employed as Congressional STAFF.
SIXTH: All allegations concerning the ethics of MEMBERS shall be made public and all proceedings on those allegations shall be made public.
SEVENTH: The HOUSE OF REPRESENTATIVES shall establish a committee on FEDERALISM and any proposed statute shall be review by that Committee Staff and its members for federalism implications.Those recommendations shall be furnished to the entire membership of the HOUSE prior to any floor action on that legislation.
EIGHT: HOUSE Rules should be operated with a view to the fairness of those rules on the minority party. To the extent possible, HOUSE RULES should promote fairness and open government.
NINE: MEMBERS of EACH HOUSE/SENATE conference appointed to the Conference from the House of Representatives should to the extent possible represent the views of minority of the HOUSE, specifically this should be done by reflecting conference membership based on Committee ratios.
TEN: Consideration should be given to establishing a technically expert support organization on science and technology issues, including for example cyber security.
More to follow:
First, that Committee Chairs be picked on Comptence based on their education, training, experience, and not political longevity. Theoretically this is now the system.
Second! Stop authorizing federal programs, functions, and activities through appropriation statutes. Let the Authorizing Committees get to work.
Third! Combine the Homeland Security and Armed Services Committee into a new National Security Committee.
Fourth: Adopt a rule that NO MEMBER of the HOUSE OF REPRESENTATIVES may represent the interests of a contractor either in committee or on the floor of the HOUSE without first publically revealing the lifetime totals of contributions from that Contractor.
FIFTH: NO FOREIGN NATIONAL, even with dual citizenship, may be employed as Congressional STAFF.
SIXTH: All allegations concerning the ethics of MEMBERS shall be made public and all proceedings on those allegations shall be made public.
SEVENTH: The HOUSE OF REPRESENTATIVES shall establish a committee on FEDERALISM and any proposed statute shall be review by that Committee Staff and its members for federalism implications.Those recommendations shall be furnished to the entire membership of the HOUSE prior to any floor action on that legislation.
EIGHT: HOUSE Rules should be operated with a view to the fairness of those rules on the minority party. To the extent possible, HOUSE RULES should promote fairness and open government.
NINE: MEMBERS of EACH HOUSE/SENATE conference appointed to the Conference from the House of Representatives should to the extent possible represent the views of minority of the HOUSE, specifically this should be done by reflecting conference membership based on Committee ratios.
TEN: Consideration should be given to establishing a technically expert support organization on science and technology issues, including for example cyber security.
More to follow:
Saturday, September 25, 2010
The Hidden Washington
Well as the 11th Congress winds up its time and becomes a footnote to US history some amazing things are happening. First, a clear one-year extension with no changes of anykind of the NFIP appears likely to be signed into law shortly. I predicted this last spring and now the 112th will be charged with making sense out of the NFIP since it appears no one competent to do so in the Administration. Just a reminder! My two basic reforms were relatively simple ones. First, the NFIP should never pay for any hazards not disclosed on its maps. If this had been in place as the rule the flood wall failures during Hurricane Katrina in NOLA would not have created a large amount of the debt incurred by the NFIP that now appears to be driving eventual reform. Second that certain coverages be eliminated such as that for installed and uninstalled carpet which has amounted to up to 20% of payouts in some events and been conducive to fraud.
Okay the NFIP aside. No major modification of almost any FEMA programs, functions, or activities by the 111th Congress. Why? Because FEMA programs, functions, and activities far down on the administration list of priorities in its first two years. If you exclude the STAFFORD ACT and its problems, specifically its failure to be all-hazards and to NOT be a crisis management umbrella statute, perhaps this is of little significance in the long run.
Okay! DHS generally. The Fusion Centers authorized by statute in 2007 loom larger and larger as a potential unaimed missile at American privacy and civil liberties. The 112th will likely have this placed on their agenda, although not willingly since Congress has almost no interest in privacy and civil liberties issues and policies. There clearly are exceptional members that do have an interest but none since Senator Patrick Monyihan have had much power or influence. Clearly the TEA PARTY does not have the depth of subltly to understand these issues and now the only question is their impact in the elections, mainly on the Republicans but also the DEMS.
What is fascinating, assuming that a length CR [Continuing Resolution] for annual appropriations gets through this week there is no real need for a lame duck session. The Obama Administration is ambivalent and the main concern is whether one or both houses change leadership to the Republicans in the election. They (the administration) has shown little capacity for dealing with Congress, maybe any organization led by a strong female, and I would argue did little to help or guide the DEMS in the 111th. This means no real interest in any lame duck session unless an issue that may impact the 2012 elections. Further economic stimulus, or other some such issue.
But what is fascinating is that Pelosi in the HOUSE not so much Reid in the Senate now has her heart set on a lame duck session no matter what the Senate or the Administration think. She is becoming a force of nature not just a political force. Hey perhaps with the security of growing up as the child of one of Baltimore's best mayors, and marrying wealth, and being elected speaker is it possible Pelosi is the future drive sprocket of the DEMS. Hey when even someone as skilled politically as Steny Hoyer misjudged her this is becoming rapidly the most interesting dynamic in Washington.
Well my bet is on Pelosi and a lame duck session regardless of what anyone else is thinking or wanting. This could be real fun since Pelosi does have the ear of lobbyist who recognize that if the DEMS hold the house, Pelosi will be the key player for the runup to the 2012 elections. Hey there are reasons, DAVID and RHAME are going back to the "saftey" of Chicago. Apparently the one person with no lack of the appropriate endocrines in DC is female. WOW! This is the biggest story around and if the DEMS hold the house PELOSI will become a really significant part of history. Who would have guessed?
Okay the NFIP aside. No major modification of almost any FEMA programs, functions, or activities by the 111th Congress. Why? Because FEMA programs, functions, and activities far down on the administration list of priorities in its first two years. If you exclude the STAFFORD ACT and its problems, specifically its failure to be all-hazards and to NOT be a crisis management umbrella statute, perhaps this is of little significance in the long run.
Okay! DHS generally. The Fusion Centers authorized by statute in 2007 loom larger and larger as a potential unaimed missile at American privacy and civil liberties. The 112th will likely have this placed on their agenda, although not willingly since Congress has almost no interest in privacy and civil liberties issues and policies. There clearly are exceptional members that do have an interest but none since Senator Patrick Monyihan have had much power or influence. Clearly the TEA PARTY does not have the depth of subltly to understand these issues and now the only question is their impact in the elections, mainly on the Republicans but also the DEMS.
What is fascinating, assuming that a length CR [Continuing Resolution] for annual appropriations gets through this week there is no real need for a lame duck session. The Obama Administration is ambivalent and the main concern is whether one or both houses change leadership to the Republicans in the election. They (the administration) has shown little capacity for dealing with Congress, maybe any organization led by a strong female, and I would argue did little to help or guide the DEMS in the 111th. This means no real interest in any lame duck session unless an issue that may impact the 2012 elections. Further economic stimulus, or other some such issue.
But what is fascinating is that Pelosi in the HOUSE not so much Reid in the Senate now has her heart set on a lame duck session no matter what the Senate or the Administration think. She is becoming a force of nature not just a political force. Hey perhaps with the security of growing up as the child of one of Baltimore's best mayors, and marrying wealth, and being elected speaker is it possible Pelosi is the future drive sprocket of the DEMS. Hey when even someone as skilled politically as Steny Hoyer misjudged her this is becoming rapidly the most interesting dynamic in Washington.
Well my bet is on Pelosi and a lame duck session regardless of what anyone else is thinking or wanting. This could be real fun since Pelosi does have the ear of lobbyist who recognize that if the DEMS hold the house, Pelosi will be the key player for the runup to the 2012 elections. Hey there are reasons, DAVID and RHAME are going back to the "saftey" of Chicago. Apparently the one person with no lack of the appropriate endocrines in DC is female. WOW! This is the biggest story around and if the DEMS hold the house PELOSI will become a really significant part of history. Who would have guessed?
Thursday, September 16, 2010
The 111th Congress Drifts to it End!
Some may wonder why so many posts about politics and the Washington Political scene? Well this ends with this post because only the November elections will sort out what is what on the Washinton Scene.
But some trickles that indicate that the DEMS are now just largely posturing while the Republicans fail to understand their challenge from the right from the TEA PARTY!
Chairman Bennie Thompson held a hearing yesterday of his Homeland Security Committee on the issues of domestic terrorism and the growing threats from various elements of the US polity. This hearing as ususal did not discuss the history, successes, or failures of US efforts on terrorism so to give a bit of perspective here goes. Attorney General Palmer under President Woodrow Wilson spent a great deal of time and effort rounding up and deporting Communitsts, syndicalists, and anarchists, many Jewish immigrants from the US. The first real use of the immigration laws to serve the STATES interest in protecting itself against radicalism. Of course, led by none other than J.Edgar Hoover the raids went overboard were largely witch hunts and many innocents got injured in the process.
Then of course we have the FBI and other organizations conducting further inquiries leading to the enhancements of the career of Senatory Pat McCarran of Neveda and later Joseph McCarthy. There is unassailable evidence that Constitutional norms were heavily violated and of course as established by the VENONA tapes and other events there clearly was a major Soviet anti-US effort at penetration mounted from 1932 and the recognition of the Soviet Union b the US until the collapse of the wall in 1989. Even now the Russian effort at penetration is significant but largely devoted to commercial INTEL not governmental since the US government is so openly penetrated by foreign agents that even members of Congress have employed foreign nations with INTEL backgrounds on their staffs. The game, the whole game, in the world today is to largely ignore as players any nation-states other than the US and China. The strange thing about the US and China is that for over 200 years the complexity of the relationship between the two nation-states reflected in immigration, religion, and commercial practice is almost totally undocumented by those who might or should know it cold, including the academic community. I would even argue that the Senate and House Foreign Affairs committees should have a specific subcommittee devoted to Chines policies and issues.
That stated the Thompson hearing heard some important things but did little to shed light on why they were important or what might be done or has been done. Looking for Peter King to do a better job if he becomes Chairman of the Committee in the 112th Congress.
Second the end of the primary season leads me to conclude that the Republican party has been hurt more by the TEA PARTY than the DEMS. The Senate may be saved but the HOUSE still looks like a Republican turnover.
Behind the scenes the Obama administration is planning several October surprises after the Congress recesses. It remains to be seen how effective they will be in trying to hold the Senate (which I now predict) and to keep the House Democratic. It has finally dawned on the Obama Administration what a devastating blow the Gingrich takeover of the House in 1994 was to the Clinton Administration. As to issues--while their are many potential issues--there are certainly some impeachable issues floating around for Obama far more serious than sex with a WH intern. Remember several President's have been impeached but none convicted [by the Senate]. That includes Andrew Johnson, Richard Nixon [who resigned after impeachment] and William Jefferson Clinton.
It also appears that the ninth anniversary of 9/11/01 largely ignored substance and was utilized not to document progress or lack thereof in Homeland Security but to convey sympathy and empathy for those fighting the GWOT or victims of the events of 9/11/01.
It of course remains to be seen if democracy itself was or is one of the victims of 9/11/01. So lt's hold for now on more political analysis even while the next year kicks off several major efforts to document the progress and failures of HS since 9/11/01. Some of these will be discussed on this blog.
But some trickles that indicate that the DEMS are now just largely posturing while the Republicans fail to understand their challenge from the right from the TEA PARTY!
Chairman Bennie Thompson held a hearing yesterday of his Homeland Security Committee on the issues of domestic terrorism and the growing threats from various elements of the US polity. This hearing as ususal did not discuss the history, successes, or failures of US efforts on terrorism so to give a bit of perspective here goes. Attorney General Palmer under President Woodrow Wilson spent a great deal of time and effort rounding up and deporting Communitsts, syndicalists, and anarchists, many Jewish immigrants from the US. The first real use of the immigration laws to serve the STATES interest in protecting itself against radicalism. Of course, led by none other than J.Edgar Hoover the raids went overboard were largely witch hunts and many innocents got injured in the process.
Then of course we have the FBI and other organizations conducting further inquiries leading to the enhancements of the career of Senatory Pat McCarran of Neveda and later Joseph McCarthy. There is unassailable evidence that Constitutional norms were heavily violated and of course as established by the VENONA tapes and other events there clearly was a major Soviet anti-US effort at penetration mounted from 1932 and the recognition of the Soviet Union b the US until the collapse of the wall in 1989. Even now the Russian effort at penetration is significant but largely devoted to commercial INTEL not governmental since the US government is so openly penetrated by foreign agents that even members of Congress have employed foreign nations with INTEL backgrounds on their staffs. The game, the whole game, in the world today is to largely ignore as players any nation-states other than the US and China. The strange thing about the US and China is that for over 200 years the complexity of the relationship between the two nation-states reflected in immigration, religion, and commercial practice is almost totally undocumented by those who might or should know it cold, including the academic community. I would even argue that the Senate and House Foreign Affairs committees should have a specific subcommittee devoted to Chines policies and issues.
That stated the Thompson hearing heard some important things but did little to shed light on why they were important or what might be done or has been done. Looking for Peter King to do a better job if he becomes Chairman of the Committee in the 112th Congress.
Second the end of the primary season leads me to conclude that the Republican party has been hurt more by the TEA PARTY than the DEMS. The Senate may be saved but the HOUSE still looks like a Republican turnover.
Behind the scenes the Obama administration is planning several October surprises after the Congress recesses. It remains to be seen how effective they will be in trying to hold the Senate (which I now predict) and to keep the House Democratic. It has finally dawned on the Obama Administration what a devastating blow the Gingrich takeover of the House in 1994 was to the Clinton Administration. As to issues--while their are many potential issues--there are certainly some impeachable issues floating around for Obama far more serious than sex with a WH intern. Remember several President's have been impeached but none convicted [by the Senate]. That includes Andrew Johnson, Richard Nixon [who resigned after impeachment] and William Jefferson Clinton.
It also appears that the ninth anniversary of 9/11/01 largely ignored substance and was utilized not to document progress or lack thereof in Homeland Security but to convey sympathy and empathy for those fighting the GWOT or victims of the events of 9/11/01.
It of course remains to be seen if democracy itself was or is one of the victims of 9/11/01. So lt's hold for now on more political analysis even while the next year kicks off several major efforts to document the progress and failures of HS since 9/11/01. Some of these will be discussed on this blog.
Monday, September 13, 2010
Seven (7) and 1/2 Weeks to Election
What does Peter King, R-NY, want if House majority becomes Republican in November? It is clear that Bennie Thompson, D-Mississippi, just never quite figured out what the Homeland Security Committee in the House was up to and now that failure will contribute to what looks like the switch in control in the 112th Congress. I am a fuzzy headed liberal as all readers of my writings know. But I have a great deal of respect for Congressman King, and so do many others on both sides of the aisle. Why? He is one of the few really competent Congressional members and could play a key role in a number of places. As Ranking Minority Member on Homeland Security he has at least provided some thoughtfullness to the Committee's agenda even while Thompson focused on things like field hearings in Mississippi on how to contract with DHS.
My hope of course is that both houses could agree on the formation of a joint committee on Homeland Security, one that would operate like the Joint Committee on Defense Production that lasted from the late 40's until 1977. Given the impacts on the domestic economy that joint committee might profitable be reestablished also. Hey other joint committees do exist now including the Joint Committee on Taxation and the Joint Committee on Intelligence. Peter King knows and understands Homeland Security as well as anyone and more so than some more prominent members in the House and Senate. But hey he might have the option of replacing Barney Frank on the Banking Committee and that is a really tempting assigment given the economic collapase that continues under this administration.
Well this is one of the crucial issues impacting policy in the runup to the 2012 elections. And note terrorism is no longer in the top ten of issues about which the American electorate is concerned. Interesting in light of a report released over the weekend indicating that most terrorism will be as a result of activities of domestic homegrown terrorists in the US in the near future. This raises a host of issues as the "Surveillance State" subsumes the National Security State that so miserably failed to protect the US against foreign non-state actors. Good luck Peter wherever you go!
My hope of course is that both houses could agree on the formation of a joint committee on Homeland Security, one that would operate like the Joint Committee on Defense Production that lasted from the late 40's until 1977. Given the impacts on the domestic economy that joint committee might profitable be reestablished also. Hey other joint committees do exist now including the Joint Committee on Taxation and the Joint Committee on Intelligence. Peter King knows and understands Homeland Security as well as anyone and more so than some more prominent members in the House and Senate. But hey he might have the option of replacing Barney Frank on the Banking Committee and that is a really tempting assigment given the economic collapase that continues under this administration.
Well this is one of the crucial issues impacting policy in the runup to the 2012 elections. And note terrorism is no longer in the top ten of issues about which the American electorate is concerned. Interesting in light of a report released over the weekend indicating that most terrorism will be as a result of activities of domestic homegrown terrorists in the US in the near future. This raises a host of issues as the "Surveillance State" subsumes the National Security State that so miserably failed to protect the US against foreign non-state actors. Good luck Peter wherever you go!
Sunday, September 5, 2010
Legislation
Well tomorrow is Labor Day 2010 and the 6th of September. Congress will return the week afterwards. With the November elections well under 60 days off this will be a frenetic time for both members and staffs. If as predicted by many the House turns from a Democratic to Republican Majority the impact on the staffs will be enormous. Many trying to bail now while the getting is good.
Looking more and more like a legislative stalemate in the 112th Congress as a Republican House sends the Senate bills they never take up. I think over 320 House passed bills now awaiting Senate action and most will not be taken up by the SENATE.
These September and October days will lead to some really odd couple relationships as the HILL tries to make sense of the electorates seeming willingness to punish incumbents of either party.
That stated I believe that some items of interest to the fields of EM/HS will make it into law during this period of time. The most important of course is the appropriations for the Fiscal Year that begins on October 1, 2010 and for the first time ever expect cuts in the DHS budget. I will try and post some of these events as the period until the elections passes. The big stakes again are whether a so-call Lame Duck Congress will appear. If it does this could be trouble a thousand different ways for those hoping for stability and continual steadiness in the US. Don't look for the US to be doing any long term thinking right now.
Looking more and more like a legislative stalemate in the 112th Congress as a Republican House sends the Senate bills they never take up. I think over 320 House passed bills now awaiting Senate action and most will not be taken up by the SENATE.
These September and October days will lead to some really odd couple relationships as the HILL tries to make sense of the electorates seeming willingness to punish incumbents of either party.
That stated I believe that some items of interest to the fields of EM/HS will make it into law during this period of time. The most important of course is the appropriations for the Fiscal Year that begins on October 1, 2010 and for the first time ever expect cuts in the DHS budget. I will try and post some of these events as the period until the elections passes. The big stakes again are whether a so-call Lame Duck Congress will appear. If it does this could be trouble a thousand different ways for those hoping for stability and continual steadiness in the US. Don't look for the US to be doing any long term thinking right now.
Friday, August 27, 2010
Where is Congress?
Many events occurring while the Congress is recessed until Monday the 13th of September. Since Congress working sessions and floor action are largely confined to three days a week, effectively the 14th is when action in the 111th Congress will continue. An OMNIBUS APPROPRIATIONS ACT is highly likely and for the first time ever since DHS created probably DHS will be rolled into it. This could be a disaster since cutting the budget in an arbitrary manner seems foreordained for the Fiscal Year [FY] beginning October 1st. Such an enormous bill will, however, feed the many lobbyists that thrive on extended late night sessions and Congressional disarray and probably many many earmarks also. So like the Oklahoma Land Rush the starting gun will go off on the 14th. Very few actual "legislative days" left before the Congress adjourns, not recesses, for the election. Discussion of a "lame duck" session already underway where the PRESIDENT would recall Congress for that session.
So here goes my laundry list for the remainder of the 111th and the Special Session and the new Congress.
First the rest of the regular session of the 111th Congress and remember as always this blog focuses on Emergency Management and HOMELAND Security.
These are my priorities:
1. No earmarks for DHS and FEMA.
2. Mandate mitigation outlays as a percentage of disaster outlays. No discretion.
3. Mandate that programs, functions, and activities in FEMA DHS without authorization be specifically listed in a report to be listed before the election. Thus, all programs, functions and activities with appropriations but without authorization would be made publically available for the first time.
4. Add 10% each year to the Coast Guard's funding and staffing for the next five years.
5. Mandate that the National Flood Insurance Program cannot provide any coverage for events which are not disclosed on its maps, including levee and dam failures.
6. Mandate NO Flood Insurance availablility where USACOE projects have been constructed. An either/or choice for each STATE and Community.
7. Mandate that NO community without Zoning or building code authority over its flood plains as designated by teh NFIP shall be provided flood insurance.
8. Mandate that any structure found post-flood to violate STATE or LOCAL building codes or violate zoning laws related to flooding which has coverage, will have that coverage VOIDED AB INITIO.
9. Mandate that the Robert T. Stafford Act be studied for enactment into positive law and reorganized to provide the following: A technical assistance title, a financial assistance title, a listing of all large-scale catastrophic events for which no disaster or emergency declaration may be provided because another statutory scheme for reimbursement of the public and STATE and LOCAL governments provides such reimbursement. And consolidation of all waste, fraud, and abuse provisions into a single title including the adoption of a provision similar to that of 18 USC Section 1001 for all DHS and FEMA programs, functions and activities.
10. That all programs, functions, and activities in DHS and FEMA be analyzed in a report to be submitted to the 112th Congress discussing how those programs, functions, activities contribute to all-hazards preparedness, prevention, protection, response, recovery and mitigation or discuss why they do not contribute and should be assigned elsewhere in the Executive Branch.
Second: The Lame Duck session. There will be one and will explain later.
1. Elimination of the so-called Emergency Program of the NFIP by repeal of 42 USC Section 4106.
2. Mandate no flood insurance except in designated V zones, AH zones, and A zones on NFIP maps.
3. Mandate no insurance in any community that only has USGS 50' conture interval maps.
4. Mandate no NFIP coverage of installed or uninstalled carpet.
5. Mandate that the definitions in Title VI of the Robert T. Stafford Act be utilized throughout that statute and where there are conflicts other definitions will be repealed.
6. A study be provided on whether the NFIP should be confined to coastal counties as designated by the CZMA [Coastal Zone Management Act] only and should if the answer is yes should the mapping and scientific aspects of the NFIP be transferred to NOAA and the insurance functions to the Department of the Treasury. This study to be completed to be submitted with the submission of the FY 2012 budget and State of the Union address next year.
7. Whereever the word "mitigation" appears in the US code the word "resilience" should be substituted but defined so as to also include as part of any definition the term "mitigation".
8. A Congressional finding should be added to the NFIP that its goals and purposes include promoting "resiliency, limit to the extent possible functionally dependent uses in the nation's floodplains, and in general should promote protection of the environment, including the recognition of the statutory purposes supoprting the NFIP listed at 44 CFR Sections Part 59 and following including the addition of the Endangered Species Act of 1973.
9. The Robert T. Stafford Act be amended to mandate that only non-profit corporations and entities that are federally tax exempt are eligible for public assistance in addition to other existing statutory requirements.
10. That a study be conducted of the systems and processes both FEMA and DHS use or will utilize for crisis management when there is or is not a Stafford Act declaration. This study to be submitted with the FY 2012 budget to Congress and with the State of the Union address.
Third: For the 112th Congress!
I. Establish several new joint committees including one for CRISIS MANAGMENT, HOMELAND SECURITY and EMERGENCY PREPAREDNESS and MANAGEMENT;
II. All statutes authorizing programs, functions and activities in DHS shall be authorized only with the consent of the joint committee established above, or absent that establishment the HOMELAND SECURITY COMMITTEE in the HOUSE and the HOMELAND SECURITY and Governmental Committee in the Senate.
III. The authorizing committee for the Fire Prevention and Control Act of 1974,as amended shall be either the JOINT Committee named above or in absence of its establishment the respective HOMELAND SECURITY Committees of the House and Senate.
IV. A report shall be prepared for the 112th Congress to be submitted no later than the second session of that Congress examining how exactly the DHS and FEMA collaborate and cooperate with the WHITE HOUSE, foreign countries, other Executive Branch components, including negative reports if necessary, and foreign countries and allies.
V. A report on how the divisions of authority between the STATE department and DHS on immigration and visas is operating, including progress and problems. And the same for the ajudication system for immigration appeals in DOJ and DHS.
VI. A report on the implications for federalism and homeland security and emergency preparedness and management of the curtailment and fiscal problems of STATE and LOCAL government over the next decade. This report to be submitted by the second session of the 112th Congress.
VII. A coherent explanation of the history and current treatment of all-hazards emergency management and homeland security and its implications for technical response activities including WMD programs, funtions, and activities. To be submitted to the 112th Congress at the beginning of its second session.
VIII. A coherent history of cyber security efforts in the DHS since its inception and progress since DHS inception to be submitted to the second session of the 112th Congress.
IX. A finding to be added to the Robert T. Stafford Act to indicate that it is NOT an all-hazards statute nor an architecture for crisis management in the Executive Branch.
X. A study of the implementation of EO 12656 and implications of its repeal or replacement before it is in fact repealed or superseded shall be furnished to Congress and the appropriate committees.
Well there you have it and let's come back in February 2012 and see what happened.
So here goes my laundry list for the remainder of the 111th and the Special Session and the new Congress.
First the rest of the regular session of the 111th Congress and remember as always this blog focuses on Emergency Management and HOMELAND Security.
These are my priorities:
1. No earmarks for DHS and FEMA.
2. Mandate mitigation outlays as a percentage of disaster outlays. No discretion.
3. Mandate that programs, functions, and activities in FEMA DHS without authorization be specifically listed in a report to be listed before the election. Thus, all programs, functions and activities with appropriations but without authorization would be made publically available for the first time.
4. Add 10% each year to the Coast Guard's funding and staffing for the next five years.
5. Mandate that the National Flood Insurance Program cannot provide any coverage for events which are not disclosed on its maps, including levee and dam failures.
6. Mandate NO Flood Insurance availablility where USACOE projects have been constructed. An either/or choice for each STATE and Community.
7. Mandate that NO community without Zoning or building code authority over its flood plains as designated by teh NFIP shall be provided flood insurance.
8. Mandate that any structure found post-flood to violate STATE or LOCAL building codes or violate zoning laws related to flooding which has coverage, will have that coverage VOIDED AB INITIO.
9. Mandate that the Robert T. Stafford Act be studied for enactment into positive law and reorganized to provide the following: A technical assistance title, a financial assistance title, a listing of all large-scale catastrophic events for which no disaster or emergency declaration may be provided because another statutory scheme for reimbursement of the public and STATE and LOCAL governments provides such reimbursement. And consolidation of all waste, fraud, and abuse provisions into a single title including the adoption of a provision similar to that of 18 USC Section 1001 for all DHS and FEMA programs, functions and activities.
10. That all programs, functions, and activities in DHS and FEMA be analyzed in a report to be submitted to the 112th Congress discussing how those programs, functions, activities contribute to all-hazards preparedness, prevention, protection, response, recovery and mitigation or discuss why they do not contribute and should be assigned elsewhere in the Executive Branch.
Second: The Lame Duck session. There will be one and will explain later.
1. Elimination of the so-called Emergency Program of the NFIP by repeal of 42 USC Section 4106.
2. Mandate no flood insurance except in designated V zones, AH zones, and A zones on NFIP maps.
3. Mandate no insurance in any community that only has USGS 50' conture interval maps.
4. Mandate no NFIP coverage of installed or uninstalled carpet.
5. Mandate that the definitions in Title VI of the Robert T. Stafford Act be utilized throughout that statute and where there are conflicts other definitions will be repealed.
6. A study be provided on whether the NFIP should be confined to coastal counties as designated by the CZMA [Coastal Zone Management Act] only and should if the answer is yes should the mapping and scientific aspects of the NFIP be transferred to NOAA and the insurance functions to the Department of the Treasury. This study to be completed to be submitted with the submission of the FY 2012 budget and State of the Union address next year.
7. Whereever the word "mitigation" appears in the US code the word "resilience" should be substituted but defined so as to also include as part of any definition the term "mitigation".
8. A Congressional finding should be added to the NFIP that its goals and purposes include promoting "resiliency, limit to the extent possible functionally dependent uses in the nation's floodplains, and in general should promote protection of the environment, including the recognition of the statutory purposes supoprting the NFIP listed at 44 CFR Sections Part 59 and following including the addition of the Endangered Species Act of 1973.
9. The Robert T. Stafford Act be amended to mandate that only non-profit corporations and entities that are federally tax exempt are eligible for public assistance in addition to other existing statutory requirements.
10. That a study be conducted of the systems and processes both FEMA and DHS use or will utilize for crisis management when there is or is not a Stafford Act declaration. This study to be submitted with the FY 2012 budget to Congress and with the State of the Union address.
Third: For the 112th Congress!
I. Establish several new joint committees including one for CRISIS MANAGMENT, HOMELAND SECURITY and EMERGENCY PREPAREDNESS and MANAGEMENT;
II. All statutes authorizing programs, functions and activities in DHS shall be authorized only with the consent of the joint committee established above, or absent that establishment the HOMELAND SECURITY COMMITTEE in the HOUSE and the HOMELAND SECURITY and Governmental Committee in the Senate.
III. The authorizing committee for the Fire Prevention and Control Act of 1974,as amended shall be either the JOINT Committee named above or in absence of its establishment the respective HOMELAND SECURITY Committees of the House and Senate.
IV. A report shall be prepared for the 112th Congress to be submitted no later than the second session of that Congress examining how exactly the DHS and FEMA collaborate and cooperate with the WHITE HOUSE, foreign countries, other Executive Branch components, including negative reports if necessary, and foreign countries and allies.
V. A report on how the divisions of authority between the STATE department and DHS on immigration and visas is operating, including progress and problems. And the same for the ajudication system for immigration appeals in DOJ and DHS.
VI. A report on the implications for federalism and homeland security and emergency preparedness and management of the curtailment and fiscal problems of STATE and LOCAL government over the next decade. This report to be submitted by the second session of the 112th Congress.
VII. A coherent explanation of the history and current treatment of all-hazards emergency management and homeland security and its implications for technical response activities including WMD programs, funtions, and activities. To be submitted to the 112th Congress at the beginning of its second session.
VIII. A coherent history of cyber security efforts in the DHS since its inception and progress since DHS inception to be submitted to the second session of the 112th Congress.
IX. A finding to be added to the Robert T. Stafford Act to indicate that it is NOT an all-hazards statute nor an architecture for crisis management in the Executive Branch.
X. A study of the implementation of EO 12656 and implications of its repeal or replacement before it is in fact repealed or superseded shall be furnished to Congress and the appropriate committees.
Well there you have it and let's come back in February 2012 and see what happened.
Thursday, August 5, 2010
Legislation
The 111th Congress which ends this year is running out of time and clearly has lost significant energy and now focusing almost entirely on preserving the status of its incumbents which ususally win in excess of 90% of their elections. Why? Gerrymandering plain and simple which really has destroyed the one man one vote concept and of course the aberrations caused by the Great Compromise of the Constitution that gave the small states two Senators just like the big States continues its long term erosion of our democracy (Republic)!
There is important legislation still pending that could be helpful to the nation but not much. Congress and its staff no longer really have the ability to deal with development of policy and now it is just salami tactics by the corporate lobbyists, slicing and dicing up the pie in bigger pieces for those that can pay and eroding the status of the every growing larger underclass.
Even the federal departments and agencies that don't regulate under the Commerce Clause now largely default to the interest groups they regulate and no longer protect the innocent and erode equality. The business plans of many US corporations are premised on gaining beneficial legislative niches and are no longer really entreprenueral entities. Why? Well a recent op-ed by Dr. Paul Krugman, PhD and Nobel winner concludes that he is beginning to conclude that the political leadership of the US no longer is interested in equality and really does not care about anything but self preservation. WOW! Perhaps one of my grandfathers political beliefs that the INS should be voted OUT in each election really is the correct belief. Unfortunately in a modern technologically driven society it takes time to build expertise.
On that score, today's federal register produces that list required annually by OPM of all career-reserved SES positions in the federal Executive Branch. Is that an eye opener as almost no crucial positons involving civil crisis management preparedness, prevention, mitigation, response and recovery are career reserved. If you want a copy check today's federal register or just ask for a copy from this blogger. Hey the information indicating the collapse of the civil service as a driving concept is out there just needs further analysis. DHS alone is now up to over 900 politically vetted positions, even more than under the Bush Administration. Are they qualified? Who knows since political appointees DO NOT HAVE formal position descriptions. This would be an important reform that Senate could adopt without legislation althought still might be needed at some point. How to reform? Require each appointee prior to confirmation to provide a position description of all statutes, executive ordres, and other directives they will be acting under and administering. Is this so difficult?
There is important legislation still pending that could be helpful to the nation but not much. Congress and its staff no longer really have the ability to deal with development of policy and now it is just salami tactics by the corporate lobbyists, slicing and dicing up the pie in bigger pieces for those that can pay and eroding the status of the every growing larger underclass.
Even the federal departments and agencies that don't regulate under the Commerce Clause now largely default to the interest groups they regulate and no longer protect the innocent and erode equality. The business plans of many US corporations are premised on gaining beneficial legislative niches and are no longer really entreprenueral entities. Why? Well a recent op-ed by Dr. Paul Krugman, PhD and Nobel winner concludes that he is beginning to conclude that the political leadership of the US no longer is interested in equality and really does not care about anything but self preservation. WOW! Perhaps one of my grandfathers political beliefs that the INS should be voted OUT in each election really is the correct belief. Unfortunately in a modern technologically driven society it takes time to build expertise.
On that score, today's federal register produces that list required annually by OPM of all career-reserved SES positions in the federal Executive Branch. Is that an eye opener as almost no crucial positons involving civil crisis management preparedness, prevention, mitigation, response and recovery are career reserved. If you want a copy check today's federal register or just ask for a copy from this blogger. Hey the information indicating the collapse of the civil service as a driving concept is out there just needs further analysis. DHS alone is now up to over 900 politically vetted positions, even more than under the Bush Administration. Are they qualified? Who knows since political appointees DO NOT HAVE formal position descriptions. This would be an important reform that Senate could adopt without legislation althought still might be needed at some point. How to reform? Require each appointee prior to confirmation to provide a position description of all statutes, executive ordres, and other directives they will be acting under and administering. Is this so difficult?
Thursday, May 27, 2010
Will the 111th Congress be remembered!
Well this Congress has accomplished a lot and will go down in history [perhaps wrong expression] as having conducted health care reform, various pieces of bailout legislation, and many other substantive items. But I am guessing that the period from Memorial Day (next Monday)until Labor Day or even the 2010 elections may be the session from hell. Basically appropriations must get through to fund the FY 2011 Department and Agency budgets. But in the meantime events are rapidly intervening that may disrupt any human efforts at organization that will allow thoughfulness. Most of the successes of this Congress required tooth and nail combat and no one will know much before 2012 if the Congressional effort paid off. In the meantime Congressional incumbents look like they may be hammered by events and the frustration of the voters. Resort to simple programmatic authorization extensions looks to me like the norm.
Thus willing to predict that for FEMA programs, functions, and activities mostly funding issues and little in the way of "reform" or change dictated by the 111th Congress. But I believe that the 112th Congress will end up the most significant Congress since the Cold War for a variety of reason that I will articulate over time. Goodby and good luck to members of the 11th and hoping the 3AM sessions can be kept to a minimum between now and elections this fall. Only the youthful lobbyists with infinite capabilty to monitor Congress 24/7 when in session will know what is up. And it will be a time of misery for WH and department and agency staffs working with what IMO is a largely dysfunctional organization. Hoping the 112th substantially reorganizes for efficiency and effectiveness and in particular to help truly frame Homeland Security and FEMA issues.
Thus willing to predict that for FEMA programs, functions, and activities mostly funding issues and little in the way of "reform" or change dictated by the 111th Congress. But I believe that the 112th Congress will end up the most significant Congress since the Cold War for a variety of reason that I will articulate over time. Goodby and good luck to members of the 11th and hoping the 3AM sessions can be kept to a minimum between now and elections this fall. Only the youthful lobbyists with infinite capabilty to monitor Congress 24/7 when in session will know what is up. And it will be a time of misery for WH and department and agency staffs working with what IMO is a largely dysfunctional organization. Hoping the 112th substantially reorganizes for efficiency and effectiveness and in particular to help truly frame Homeland Security and FEMA issues.
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