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I just read through that document. I couldn't find anywhere were it said the DHS had the authority to roll FEMA in without a request from the State. Quite the opposite actually. Could you give me a reference to what you are talking about.

I asked that back at number 457. I haven't gotten a response yet either.

I have seen some people argue that the National Response Plan (large PDF) gives the authority in the Proactive Federal Response to Catastrophic Events section (page 43 and 44). Part of that section states:

Notification and full coordination with States will occur, but the coordination process must not delay or impede the rapid deployment and use of critical resources. States are urged to notify and coordinate with local governments regarding a proactive Federal response.

I do not agree with this argument completely. I think this plan was implemented as far as rescue operations were concerned. In other cases it might not have been implemented due to the fact that the governor of Louisiana was still in control. Things like moving trucks in to get food to people and chartering buses may have been delayed because the government deferred power to the state of Louisiana (these items were not as time sensitive as picking people off of roofs). Unfortunately, all operations were delayed to a certain extent due to the anarchy on the streets. The Posse Comitatus Act, which would override a DHS directive, would prevent the President from moving in armed forces to police the city. Since the governor was extraordinarily slow to request troops and give them the ability to be armed while on the streets, all other activities were impacted.

The Federal Response Plan (FRP) establishes a process and structure for the systematic, coordinated, and effective delivery of Federal assistance to address the consequences of any major disaster or emergency declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S. Code (U.S.C.) 5121, et seq.). taken from the FRP I,A,pg. 1.

The plan clearly indicates the Stafford Act takes lead control and the FRP is not acted on until the provisions of the Stafford Act are met. There is no FRP that removes the authorities of the state in a time of disaster or crisis. The FRP is a coordination between 27 Federal Agencies and has nothing to do with coordination with the state.

Appendix D-Overview of a Disaster Operation D-3, the diagram there is a nice graphic presentation of how or when the FRP is implemented. Nothing about the FRP supercedes any of the current Emergency Response Standards.

Although I do appreciate the comment that was made, as it is a good representation of what types of questions and misinterpretations that will be asked by the congress critters, many of whom are not trained in Emergency Response or any type of command and control operations. This all needs to be watched very closely, because we may very well see the erosion of States Rights as the result of this horrible catastrophe. We need to be sure this does not happen because of the poor leadership of the few, but we should make sure going forward that public officials receive extensive training once elected to office with an annual certification requirement, much like the rest of us in the emergency response business.