Had you clinked on the link, an abbreviated CFR TITLE 44 should have opened, assuming your browser can handle Adobe Pdf files.
Before I start quoting specific parts, you have to understand the way in which laws are often crafted. They must be a delicate balancing act being sufficiently specific to make sure that no one or ones can run away with the football. On the other hand, they cannot be so specific as to engineer out the flexibility needed to deal with unanticipated situations. The ability to read between the lines is crucial to a full understanding of the law...and often makes for interesting court challenges.
PART 1
SUBPART A
1.4 Policies and Procedures
(4) Among alternative approaches to any given regulatory objective, the alternative involving the least net cost to society shall be chosen; and
(5) FEMA shall set regulatory priorities with the aim of maximizing the aggregate net benefits to society, taking into account the condition of the particular entities affected by regulations, the condition of the national economy, and other regulatory actions contemplated for the future.
Interpretation: The least net cost to society would have been in having the Army Corps of Engineers rebuild the levees to current standards as opposed to dealing with the after effects of a category 5 hurricane at a cost to the taxpayer of perhaps $100 billion.
PART 2
SUBPART A – Organization, Functions, andDelegations of Authority
2.4 General Limitations and Reservations
(2) Authorities connected with maor disasters and emergencies, and with delegations to other agencies including:
(i) The authority to make recommendations to the President concerning the declaration that an emergency exists pursuant to section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 519);
(ii) The authority to make recommendations to the President concerning the issuance of a major disaster declaration pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 517);
(5) Authority to appoint Federal Coordinating Officers under section 302 of the Robet T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5143).
Interpretation: FEMA was obligated to request that President Bush declare a national emergency (and perhaps invoke the Insurrection Act) in order for FEMA to take charge of an obviously chaotic situation.
DIRECTORATES
2.41 Mitigation Directorate
(a)Mission – The Mitigation Directorate administers programs to reduce or eliminate loss of life and property from national and technological hazards.
(b)Functions – The principle functions of the Mitigation Directorate are:
(1) Identifying and assessing the risks posed by natural and technological hazards, except that, on issues of technological risk assessment, FEMA will defer to the agency having primary responsibility in the specific area, notably the Nuclear Regulatory Commission (NRC) regarding accidents at commercial nuclear power plants, and the United States Army regulatory chemical weapons.
(2) Developing mitigation policies and strategies for implementing programs designed to reduce or eliminate loss of life and property from natural and technological hazards.
(3) Coordinating with other Federal agencies and the scientific community on matters that will enhance FEMA’s ability to reduce or eliminate loss of life and property from natural and technological hazards.
(4) Transfering information on the risks posed by natural and technological hazards to other Federal agencies and State and local government officials, and the public. (5) Promoting a multi-hazard approach to mitigation at State and local levels.
(7) Providing for the dissemination of information and delivery of technical assistance to build mitigation capabilities and promote mitigation activities. (8) Carrying out hazard mitigation activities of the Stafford Act, including..
2.42 Preparedness, Training and Exercises Direcorate
(a) Mission – The Preparedness, Training, and Exercises Directorate supports emergency preparedness, training and exercises capability of Federal, State, and local governments.
(b)Functions – The principal functions of the Preparedness, Training, and Exercises Directorate are:
(1) Management of programs to establish, maintain, and enhance the capabilities of Federal, State, and local governments to prepare for, respond to, recover from a broad range of emergencies…….
(2) Management of comprehensive cooperative agreements with the States, through which agreements the above programs are implemented in the regions.
(3) Training of Federal, State, and local government employees to prepare for, respond to, and recover from a broad range of emergencies.
(4) Testing of Federal, State, and local emergency preparedness and.....
To be intellectually honest you should change your name to propagandacats since your are long on propaganda, pretty much blank of any facts.
As I pointed out to you. Just reposting snippets of the law and claiming they verify your feelings is intellectually dishonest. Stating your OPINONS as facts is a typical logical fallacy you Left Wing Propagandists fall into. Everything you have said to this point in this thread is YOUR OPINON. Since your opinions has no demonstrable experience or training to back it up, it is totally void as substantive proof. Still waiting for answer to my questions.
Why are you so eager to ignore the complete failure of the 1st Responders (City of NO) and the 2nd Responders (State of LA)meet their BASIC obligations under the Disaster Plan to make your highly opinionated, unqualified accusations against FEMA?
Are you AWARE, that FEMA operations in NO were suspended on Wed Aug 31st because the City of NO had completely lost control and FEMA assets were being shot at?
Are you aware that in response to FEMA's action the Gov of Louisiana BLANCO FINALLY sent a MERE 300 Armed NG troops to restore order on THURSDAY Sept 1st?
Are you aware FEMA has NO law Enforcement capabilities and MUST rely on State and Local resources for law and order?
Finally, despite joint disaster planning and billions of DHS money given the State of Louisiana and the City of NO to prepare for JUST this disaster, why did the 1st and 2nd Responders so complete FAIL to meet any of their requirements under the plan? Just what DID the Federal Taxpayer get for all that DHS money given to the locals since 9-11?
They did that. The policy and strategy for evacuation was in place. The mayor ignored it. All the 'policies and strategies' in the world won't feed anyone if they are ignored. I still don't see anything in there where FEMA is supposed to do anything before the fact other than help the locals develop plans and push paperwork. I don't see any actions specified.