Don Allen All FEMA part 31010 Feb 92 000100 AREAHUMAN VIA QEcho 2.66a The State of Emergen

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Don Allen All FEMA part 3/1010 Feb 92 00:01:00 AREA:HUMAN VIA: QEcho 2.66a <<<<<<===FEMA part 3================================================>>>> The State of Emergency In time of war a president's power derives from both constitutional and statutory sources. Under Article II, Section 2 of the Constitution, he is Commander-in-Chief of the armed forces. Although Congress alone retains the right to declare war, this power has become increasingly meaningless in the face of a succession of unilateral decisions by the executive to mount invasions. The president's statutory authority, granted by Congress and expanded by it under the 1988 National Emergencies Act (50 USC sec. 1601), confers special powers in time of war or national emergency. He can invoke those special powers simply by declaring a national emergency. First, however, he must specify the legal provisions under which he proposes that he, or other officers, will act. Congress may end a national emergency by enacting a joint resolution. Once invoked by the president, emergency powers are directed by the National Security Council and administered, where appropriate, under the general umbrella of the Federal Emergency Management Agency (FEMA).[1] There is no requirement that Congress be consulted before an emergency is declared or findings signed. The only restriction on Bush is that he must inform Congress in a "timely" fashion--he being the sole arbiter of timeliness. Ultimately, the president's perception of the severity of a particular threat to national security and the integrity of his appointed officers determine the nature of any state of emergency. For this reason, those who were aware of the modern development of presidential emergency powers were apprehensive about the domestic ramifications of any national emergency declared by George Bush. In light of Bush's record (see "Bush Chips Away at Constitution" Box below) and present performance, their fears appear well-founded. The War at Home It is too early to know all of the emergency powers, executive orders and findings issued under classified National Security Directives[2] implemented by Bush in the name of the Gulf War. In addition to the emergency powers necessary to the direct mobilization of active and reserve armed forces of the United States, there are some 120 additional emergency powers that can be used in a national emergency or state of war (declared or undeclared by Congress). The "Federal Register" records some 15 Executive Orders (EO) signed by Bush from August 2,1990 to February 14,1991. (See "Bush's Executive Orders" box, below) It may take many years before most of the executive findings and use of powers come to light, if indeed they ever do. But evidence is emerging that at least some of Bush's emergency powers were activated in secret. Although only five of the 15 EOs that were published were directed at non-military personnel, the costs directly attributable to the exercise of the authorities conferred by the declaration of national emergency from August 2, 1990 to February 1, 1991 for non- military activities are estimated at approximately $1.3 billion. According to a February 11, 1991 letter from Bush to congressional leaders reporting on the "National Emergency With Respect to Iraq," these costs represent wage and salary costs for the Departments of Treasury, State, Agriculture, and Transportation, U.S. Customs, Federal Reserve Board, and the National Security Council.[3] The fact that $1.3 billion was spent in non-military salaries alone in this six month period suggests an unusual amount of government resources utilized to direct the national emergency state. In contrast, government salaries for one year of the state of emergency with Iran[4] cost only $430,000. >>>>>>=======Continued in FEMA part 4================================>>>>>> Don --- QuickBBS 2.66/O (Reg)


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