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Context of 'December 19, 2002: Administration Says It Will Review Hundreds of Environmental Regulations'

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The Federal Emergency Management Agency (FEMA), known best as a relief agency for victims of natural disasters, is secretly dedicated to the highly classified Continuity of Government (COG) program, which is meant to ensure the survival of the federal government in times of national emergency. Upon its establishment, FEMA absorbs the Defense Civil Preparedness Agency (DCPA) and the Federal Preparedness Agency (FPA), which were previously responsible for the top-secret plans (see April 1, 1979). During the 1980s and into the early 1990s, FEMA’s budget and workforce are overwhelming geared towards the COG program (see 1982-1991 and February 1993). FEMA remains in charge of overseeing the government’s continuity plans up to present day. According to FEMA’s website, the agency’s Office of National Continuity Programs (NCP) is currently the “Lead Agent for the Federal Executive Branch on matters concerning continuity of national operations under the gravest of conditions.” [fema.gov, 6/4/2009]

Entity Tags: Office of National Continuity Programs, Federal Emergency Management Agency, Defense Civil Preparedness Agency, Federal Preparedness Agency

Timeline Tags: Civil Liberties

The National Program Office (NPO), which is responsible for the highly classified Continuity of Government program, establishes a secret line of presidential succession for certain “narrowly defined” emergency situations. According to the traditional legal line of succession, should the president of the United States be killed or incapacitated, he is to be replaced by the vice president, followed by the Speaker of the House of Representatives, then by the President Pro Tempore of the Senate, then each cabinet member from the Secretary of State down. The alternative succession plan developed by the NPO, known officially as the Presidential Successor Support System, or “PS cubed,” would suspend these traditional rules and allow a small group of officials to appoint a new government. A source with knowledge of the plan says it would “suspend that natural succession and these individuals would have the right to appoint, virtually appoint, a new government.” The program, according to author James Mann, calls for “setting aside the legal rules of presidential succession in some circumstances, in favor of a secret procedure for putting in place a new ‘president’ and his staff.” The idea is to “concentrate on speed, to preserve ‘continuity of government,’ and to avoid cumbersome procedures; the speaker of the House, the president pro tempore of the Senate, and the rest of Congress would play a greatly diminished role.” The alternative succession plan allows the presidency, the vice presidency, and each cabinet position to be filled by individuals from both inside and outside the active government. In 1991, CNN will list the names of several people that may assume power should the plan be put into action, including Dick Cheney, Howard Baker, Richard Helms, Jeane Kirkpatrick, James Schlesinger, Edwin Meese, Dick Thornburgh, and Tip O’Neill. Some participants say the alternative succession plan is absolutely necessary to ensure the survival of the federal government, but others argue the secrecy of the program undermines its credibility. “If no one knows in advance what the line of succession is meant to be,” says a constitutional scholar from Duke University, “then almost by hypothesis no one will have any reason to believe that those who claim to be exercising that authority in fact possess it.” [CNN Special Assignment, 11/17/1991; Atlantic Monthly, 3/2004]

Entity Tags: Jeane Kirkpatrick, Edwin Meese, James R. Schlesinger, Thomas Phillip ‘Tip’ O’Neill, Jr, Richard (“Dick”) Cheney, Richard Helms, National Program Office, Richard Thornburgh, Howard Baker

Timeline Tags: Civil Liberties

Donald Rumsfeld and Dick Cheney, along with then-President Gerald Ford, April 28, 1975.Donald Rumsfeld and Dick Cheney, along with then-President Gerald Ford, April 28, 1975. [Source: David Hume Kennerly / Gerald R. Ford Library] (click image to enlarge)Throughout the 1980s, Dick Cheney and Donald Rumsfeld are key players in one of the most highly classified programs of the Reagan administration. Presently, Cheney is working as a Republican congressman, while Rumsfeld is head of the pharmaceutical company G. D. Searle. At least once per year, they both leave their day jobs for periods of three or four days. They head to Andrews Air Force Base, near Washington, DC, and along with 40 to 60 federal officials and one member of the Reagan Cabinet are taken to a remote location within the US, such as an underground bunker. While they are gone, none of their work colleagues, or even their wives, knows where they are. They are participating in detailed planning exercises for keeping government running during and after a nuclear war with the Soviet Union.
Unconstitutional 'Continuity of Government' - This highly secret “Continuity of Government” (COG) program is known as Project 908. The idea is that if the US were under a nuclear attack, three teams would be sent from Washington to separate locations around the US to prepare to take leadership of the country. If somehow one team was located and hit with a nuclear weapon, the second or third team could take its place. Each of the three teams includes representatives from the State Department, Defense Department, CIA, and various domestic-policy agencies. The program is run by a new government agency called the National Program Office. Based in the Washington area, it has a budget of hundreds of million dollars a year, which grows to $1 billion per year by the end of Reagan’s first term in office. Within the National Security Council, the “action officer” involved in the COG program is Oliver North, who is a key figure in the mid-1980s Iran-Contra scandal. Reagan’s Vice President, George H. W. Bush, also supervises some of the program’s efforts. As well as Cheney and Rumsfeld, other known figures involved in the COG exercises include Kenneth Duberstein, who serves for a time as President Reagan’s chief of staff, and future CIA Director James Woolsey. Another regular participant is Richard Clarke, who on 9/11 will be the White House chief of counterterrorism (see (1984-2004)). The program, though, is extraconstitutional, as it establishes a process for designating a new US president that is nowhere authorized in the US Constitution or federal law. After George H. W. Bush is elected president in 1988 and the effective end of the Soviet Union in 1989, the exercises continue. They will go on after Bill Clinton is elected president, but will then be based around the threat posed by terrorists, rather than the Soviet Union (see 1992-2000). According to journalist James Mann, the participation of Rumsfeld and Cheney in these exercises demonstrates a broader truth about them: “Over three decades, from the Ford administration onward, even when they were out of the executive branch of government, they were never too far away; they stayed in touch with its defense, military, and intelligence officials and were regularly called upon by those officials. Cheney and Rumsfeld were, in a sense, a part of the permanent, though hidden, national security apparatus of the United States.” [Mann, 2004, pp. 138-145; Atlantic Monthly, 3/2004; Washington Post, 4/7/2004; Cockburn, 2007, pp. 85]
No Role for Congress - According to one participant, “One of the awkward questions we faced was whether to reconstitute Congress after a nuclear attack. It was decided that no, it would be easier to operate without them.” Thus the decision is made to abandon the Constitutional framework of the nation’s government if this plan is ever activated. [Dubose and Bernstein, 2006, pp. 198]
Reactivated after 9/11 - The plan they rehearse for in the COG exercises will be activated, supposedly for the first time, in the hours during and after the 9/11 attacks (see (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001). [Washington Post, 3/1/2002] Mann subsequently comments, “The program is of particular interest today because it helps to explain the thinking and behavior of the second Bush Administration in the hours, days, and months after the terrorist attacks on September 11, 2001.” [Atlantic Monthly, 3/2004]

Entity Tags: Richard A. Clarke, Richard (“Dick”) Cheney, Oliver North, National Program Office, James Woolsey, Kenneth Duberstein, Donald Rumsfeld, George Herbert Walker Bush

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, Civil Liberties

The Federal Emergency Management Agency (FEMA), known best as a relief agency for victims of natural disasters, spends the majority of its budget on secret “doomsday” preparations. Since its creation, FEMA has been secretly dedicated to the highly classified Continuity of Government (COG) program, which is meant to keep the government functioning in times of national emergency (see April 1, 1979-Present). Over a 10-year period, from 1982 to 1991, FEMA spends $2.9 billion—about 78 percent of its total budget—on classified national security programs. As Cox News Service will later note, “That’s roughly 12 times more than the $243 million FEMA spent during those 10 years preparing for natural disasters such as hurricanes, earthquakes, and floods.” [Cox News Service, 2/22/1993]

Entity Tags: Federal Emergency Management Agency

Timeline Tags: Civil Liberties

The Clinton administration reorganizes the Federal Emergency Management Agency (FEMA), shifting resources away from secret projects and into disaster relief programs. During the previous two administrations, FEMA’s resources were overwhelmingly geared towards the highly classified Continuity of Government program, meant to keep the government functioning in times of extreme national emergency (see April 1, 1979-Present). The changes to the disaster agency are prompted by strong criticism of FEMA’s response to Hurricane Andrew (see August-September 1992). The secret COG programs are scaled back, but not totally discontinued. The newly appointed director of FEMA, James Lee Witt, eliminates FEMA’s secretive National Preparedness Directorate and shifts its responsibilities to other sections of the disaster agency. FEMA’s budget shows a dramatic drop in funding for secret projects, from about $100 million in 1993 to only $7.5 million in 1994. “What [Director Witt has] done is put FEMA in an all-hazards approach and put it aboveboard,” says FEMA spokesperson Morrie Goodman. “There are, of course,” Goodman adds, “certain areas that can’t be discussed or even acknowledged. That’s just the nature of the beast.” Indeed, uncertainties remain regarding the true extent of FEMA’s reformation. As Mother Jones magazine notes, the reduced classified budget “reflects only a fragment of FEMA’s investment in doomsday preparations, given that many former projects have been redesignated as ‘dual-use’ responses for both natural disasters and national security emergencies.” According to Mother Jones, “much of the doomsday bureaucracy remains intact, parts of the fifth floor are still restricted, and there has been no concerted effort to declassify the underground command posts.” Government officials will claim in 1994 that the COG program is coming to a total end (see April 18, 1994), but FEMA will continue to pursue its secret agenda for years to come (see April 1, 1979-Present). [National Academy of Public Administration, 2/1993 pdf file; Gup and Aftergood, 1/1994; New York Times, 4/18/1994; Sylves, 5/1994]

Entity Tags: James Lee Witt, Federal Emergency Management Agency, National Preparedness Directorate, Clinton administration

Timeline Tags: Civil Liberties

The Federal Emergency Management Agency (FEMA), known best as a relief agency for victims of natural disasters, is preoccupied with preparations for a nuclear doomsday, according to Cox News Service. FEMA employees planning for natural disasters are outnumbered more than three-to-one by those working for the agency’s National Preparedness Directorate, which is responsible for overseeing preparations for nuclear war. Since its creation, FEMA has been secretly dedicated to the highly classified Continuity of Government (COG) program, meant to keep the government functioning in times of national emergency (see April 1, 1979-Present and 1982-1991). Cox News Service finds: “Only 20 members of Congress—those with adequate security clearance—know that rather than concentrating on natural disasters such as last year’s Hurricane Andrew, the Federal Emergency Management Agency has been gearing up for Armageddon. While a small group [of FEMA employees] is responsible for helping victims of natural disasters, most of the agency is preoccupied with developing high-tech gadgets for a nuclear doomsday.” [Cox News Service, 2/22/1993]

Entity Tags: Federal Emergency Management Agency, National Preparedness Directorate

Timeline Tags: Civil Liberties

FEMA director James Lee Witt announces Project Impact, under which FEMA will foster partnerships between federal, state, and local emergency workers, as well as local businesses, to help individual communities reduce their vulnerability to certain types of natural disasters. Describing the new initiative, FEMA Director James Lee Witt says, “Our goal, starting with this summit, is to change the way America prevents and prepares for disasters. We’ve got to break the damage-repair-damage-repair cycle.” Project Impact is part of a broader mitigation program aimed at reducing the $14 billion in federal dollars spent annually on disaster relief. Witt says that prevention is necessary because of the apparent increased severity and frequency of natural disasters. [San Francisco Chronicle, 10/15/1997; Independent Weekly, 9/22/2004] Project Impact becomes the agency’s highest profile program. “In Seattle, Washington, for example, the grants [are] used to retrofit schools, bridges, and houses at risk from earthquakes. In Pascagoula, Mississippi, the project [funds] the creation of a database of structures in the local flood plain—crucial information for preparing mitigation plans. In several eastern North Carolina communities, it [helps] fund and coordinate buyouts of houses in flood-prone areas.” [Independent Weekly, 9/22/2004]

Entity Tags: James Lee Witt, Federal Emergency Management Agency, Project Impact

Timeline Tags: Hurricane Katrina

Gary Hart (left) and Warren Rudman (right) testify before a Senate committee in 2002.Gary Hart (left) and Warren Rudman (right) testify before a Senate committee in 2002. [Source: Reuters / Win McNamee]The final report of the US Commission on National Security/21st Century, co-chaired by former Senators Gary Hart (D-CO) and Warren Rudman (R-NH), is issued. The bipartisan panel was put together in 1998 by then-President Bill Clinton and then-House Speaker Newt Gingrich. Hart and Rudman personally brief National Security Adviser Condoleezza Rice, Defense Secretary Donald Rumsfeld, and Secretary of State Colin Powell on their findings. The report has 50 recommendations on how to combat terrorism in the US, but all of them are ignored by the Bush administration.
Shelved by White House - According to Hart, Congress will begin to take the commission’s suggestions seriously in March and April, and legislation is introduced to implement some of the recommendations. Then, “Frankly, the White House shut it down.… The president said, ‘Please wait, we’re going to turn this over to the vice president‘… and so Congress moved on to other things, like tax cuts and the issue of the day.” The White House will announce in May that it will have Vice President Dick Cheney study the potential problem of domestic terrorism, despite the fact that this commission had just studied the issue for 2 1/2 years. Interestingly, both this commission and the Bush administration were already assuming a new cabinet level National Homeland Security Agency would be enacted eventually, even as the public remained unaware of the term and the concept. [Salon, 9/12/2001; Salon, 4/2/2004]
Cannot Get Meeting with Bush - At the meeting with Rice, Rudman says he wants to see President Bush, and is planning to deliver a “blunt and very direct” warning to him that he needs to deal early in his presidency with the question of domestic terror threats. Rice initially agrees to pass on Rudman’s request for a meeting with Bush, but nothing happens. Rudman will contact Rice’s office several times, but still no meeting is arranged. Rudman will later say he is “disappointed” by this, adding, “There’s no question in my mind that somebody at the White House dropped the ball on this.” [Shenon, 2008, pp. 56-57]
Ignored by 9/11 Commission - Hart will be incredulous that neither he nor any of the other members of this commission are ever asked to testify before the 9/11 Commission. [Salon, 4/6/2004] The 9/11 Commission will later make many of the same recommendations as this commission. However, it will barely mention the Hart/Rudman Commission in its final report, except to note that Congress appointed it and failed to follow through on implementing its recommendations. [9/11 Commission, 7/24/2004, pp. 107, 479]

Entity Tags: US Congress, Newt Gingrich, Warren Rudman, Richard (“Dick”) Cheney, Donald Rumsfeld, Gary Hart, Commission on National Security/21st Century, Bush administration (43), 9/11 Commission, Condoleezza Rice, Colin Powell

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The Bush administration’s proposed fiscal year 2002 budget includes a dramatic cut in federal funding for hazard mitigation grants, reducing the federal-state cost-sharing formula from 75/25 to 50/50. Mitigation grants allow localities to prepare for anticipated disasters by building levees and floodwalls, moving homes out of flood plains, and/or strengthening structures at risk from floods, earthquakes or other natural disasters. The Bush administration asserts that by making states pay more, they will spend the funds more wisely. “Shouldering a larger share of the costs will help to ensure that states select truly cost effective projects, an incentive that is missing if most of the funding is provided by FEMA,” the budget proposal reads. The proposed budget also eliminates FEMA’s Project Impact, the popular $25 million model mitigation program implemented during the Clinton administration in 1997 (see October 14, 1997-2001). Bush officials say the project, which has been launched in 250 cities and towns, “has not proven effective.” Additionally, the Bush administration proposes to eliminate $12 million from the National Flood Insurance Program budget by $12 million by denying coverage for thousands of “repetitive loss” properties in flood plains. [Office of Management and Budget, 2/27/2001, pp. 81 pdf file; Washington Post, 5/8/2001] A repetitive loss property is one that has suffered flood damage two or more times over a 10-year period and for which repair costs exceed more than 25 percent of its market value. [FEMA, 10/22/2004] White House spokesman Scott Stanzel explains that proposed cuts to these and other federal emergency management programs are part of “an ongoing effort to shift control and responsibility to the states and give them more flexibility.” [Washington Post, 5/8/2001] Jack Harrald, director of the Institute for Crisis, Disaster and Risk Management at George Washington University, says in an interview with the Washington Post that Bush administration officials “clearly are disassociating themselves from programs closely identified with the previous administration. Whether a broader philosophical process is going on is not entirely clear yet, but I suspect it is.” [Washington Post, 5/8/2001] Congress will reject the administration’s proposal to reduce the 75/50 cost-sharing formula, but agree to end Project Impact. [Independent Weekly, 9/22/2004]

Entity Tags: Scott Stanzel, Jack Harrald, Federal Emergency Management Agency, Bush administration (43), Project Impact

Timeline Tags: Hurricane Katrina

The American Society of Civil Engineers (ASCE) submits written testimony to Congress, recommending that it reject certain budget cuts proposed by the Bush administration for the Environmental Protection Agency (EPA) and FEMA. The administration’s proposed $3.3 billion budget for drinking-water and wastewater infrastructure is “totally inadequate,” according to the ASCE. Over the next 20 years, America’s water and wastewater systems need to increase funding by an annual $23 billion, just to meet the existing national environmental and public health priorities in the Clean Water Act and Safe Drinking Water Act and to replace aging and failing infrastructure, the ASCE reports, noting that in it’s recently released 2001 Report Card for America’s Infrastructure, “the drinking water and wastewater categories each received a grade of D.” The ASCE also tells Congress to reject the Bush administration’s proposal to eliminate Project Impact, a $25 million model mitigation program created by the Clinton administration in 1997 (see February 27, 2001) (see October 14, 1997-2001). “Project Impact is a nationwide public-private partnership designed to help communities become more disaster resistant. These types of natural hazard mitigation efforts are precisely what Congress should be funding, in an effort to avoid paying the much higher price after a tornado, earthquake or hurricane hits a local community. ASCE recommends that Congress fully fund Project Impact at the fiscal year 2001 appropriated level of $25 million.” [American Society of Civil Engineers, 3/21/2001 pdf file]

Entity Tags: Federal Emergency Management Agency, American Society of Civil Engineers, Environmental Protection Agency, Bush administration (43), Project Impact

Timeline Tags: Hurricane Katrina

Vice President Dick Cheney on television, May 8, 2001.Vice President Dick Cheney on television, May 8, 2001. [Source: CNN]In a brief statement, President Bush announces that Vice President Dick Cheney will oversee a “coordinated national effort” aimed at integrating the government’s plans for responding to the use of a chemical, biological, radiological, or nuclear weapon within the United States. Bush declares, “Should our efforts to reduce the threat to our country from weapons of mass destruction be less than fully successful, prudence dictates that the United States be fully prepared to deal effectively with the consequences of such a weapon being used here on our soil.” Bush says a new agency within the Federal Emergency Management Agency (FEMA), known as the Office of National Preparedness, will be “responsible for implementing the results of those parts of the national effort overseen by Vice President Cheney that deal with consequence management.” The Office of National Preparedness appears to be a reincarnation of FEMA’s old National Preparedness Directorate (NPD), which was disbanded by the Clinton administration in 1993 (see January 1993-October 1994). During the 1980s and early 1990s, the NPD secretly spent billions of dollars preparing for nuclear war and other national emergencies as part of the highly classified Continuity of Government (COG) program (see February 1993, 1982-1991, and April 1, 1979-Present). [Cox News Service, 2/22/1993] Under the Bush administration, the Office of National Preparedness (ONP) will apparently take over where the National Preparedness Directorate left off. According to Bush, the ONP “will coordinate all Federal programs dealing with weapons of mass destruction consequence management within the Departments of Defense, Health and Human Services, Justice, and Energy, the Environmental Protection Agency, and other federal agencies.” Cheney, who played a central role in the COG program during the Reagan administration (see 1981-1992 and 1980s), informs CNN, “[O]ne of our biggest threats as a nation” could be “domestic terrorism, but it may also be a terrorist organization overseas or even another state using weapons of mass destruction against the US.… [W]e need to look at this whole area, oftentimes referred to as homeland defense.” According to FEMA, the ONP will be up and running as early as the summer of 2001. President Bush says he “will periodically chair a meeting of the National Security Council to review these efforts.” [CNN, 5/8/2001; White House, 5/8/2001; New York Times, 7/8/2002] Cheney is meant to head a group that will draft a national terrorism response plan by October 1. [Chicago Sun-Times, 5/5/2001; Insight on the News, 6/18/2001] But, according to Barton Gellman of the Washington Post, “Neither Cheney’s review nor Bush’s took place.” [Washington Post, 1/20/2002] Former Senator Gary Hart (D-CO) later implies that Bush assigned this specific role to Cheney in order to prevent Congress from enacting counterterrorism legislation proposed by a bipartisan commission he had co-chaired in January (see January 31, 2001). [Salon, 4/2/2004; Salon, 4/6/2004] In July, two senators will send draft counterterrorism legislation to Cheney’s office, but a day before 9/11, they are told it might be another six months before he gets to it (see September 10, 2001). [Newsweek, 5/27/2002] Cheney’s “National Preparedness Review” is just beginning to hire staff a few days before 9/11 (see September 10, 2001). [Congressional Quarterly, 4/15/2004]

Entity Tags: Gary Hart, George W. Bush, Federal Emergency Management Agency, Office of National Preparedness, National Security Council, National Preparedness Directorate, Richard (“Dick”) Cheney

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, Civil Liberties

Big Sky Resort, Montana.Big Sky Resort, Montana. [Source: FedCenter.gov]Emergency managers from around the US, including Federal Emergency Management Agency (FEMA) Director Joseph Allbaugh and representatives from the emergency management agencies of 47 states, are in Big Sky, Montana, attending the annual conference of the National Emergency Management Association (NEMA), where the main focuses include the issues of domestic terrorism and weapons of mass destruction.
Most State Emergency Managers in Attendance - Conference attendees include around 350 government and industry emergency specialists. [New York Times, 9/12/2001; State Government News, 10/2001 pdf file] Among them are almost all of America’s state emergency management directors and most of the senior FEMA staff. [Stateline (.org), 9/13/2001] They are there, reportedly, “to hear briefings on the latest issues in domestic preparedness, improve state and local capabilities, address energy shortages, and discuss lessons from the February 2001 Nisqually earthquake.” [State Government News, 10/2001 pdf file] The attendees discuss anti-terrorism planning courses, and the status of federal aid and cooperation efforts. [Stateline (.org), 9/10/2002] Allbaugh is the event’s keynote speaker and gives his talk on September 10, in which he describes his focus on improving emergency capabilities and preparing for disaster. [New York Times, 9/12/2001; State Government News, 10/2001 pdf file]
Conference Ends Early Due to Attacks - The NEMA conference is originally scheduled to run until September 12. [Natural Hazards Observer, 3/2001; National Emergency Management Association, 8/15/2001] But because of the terrorist attacks on September 11, it ends a day early (see After 8:46 a.m. September 11, 2001). [119th Fighter Wing, 10/25/2001] Special arrangements are then made for some of the emergency managers in attendance to be flown home on military aircraft, while others have to drive long distances back to their states (see (After 11:00 a.m.) September 11, 2001, (After 11:00 a.m.) September 11, 2001, and (After 4:30 p.m.) September 11, 2001). [Stateline (.org), 9/13/2001; State Government News, 10/2001 pdf file]
Timing of Attacks Inconvenient - In May this year, President Bush put FEMA in charge of responding to any terrorist attacks in the United States, charging it with creating an Office of National Preparedness to coordinate the government’s response to such attacks (see May 8, 2001). [White House, 5/8/2001; Los Angeles Times, 5/9/2001] Following the attacks on September 11, FEMA spokesman Mark Wolfson will note the inconvenience of these attacks occurring at the same time as the NEMA conference. He will say that FEMA officials do not know whether the attacks were timed to catch emergency officials off guard, but “it is something that law enforcement investigators might be looking at.” [Stateline (.org), 9/13/2001] NEMA is the professional association of state emergency management directors. [Natural Hazards Observer, 3/2001] Its annual conference is being held in Montana this year because its president, Jim Greene, is the administrator of the state’s Disaster and Emergency Services Division. [Billings Gazette, 10/5/2000; National Journal, 1/16/2001; New York Times, 9/12/2001]

Entity Tags: Federal Emergency Management Agency, Mark Wolfson, Joseph M. Allbaugh, National Emergency Management Association

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Senator Dianne Feinstein (D-CA), who, with Senator Jon Kyl (R-AZ), has sent a copy of draft legislation on counterterrorism and national defense to Vice President Cheney’s office on July 20, is told by Cheney’s top aide Lewis “Scooter” Libby on this day “that it might be another six months before he would be able to review the material.” [Dianne Feinstein, 5/17/2002; Newsweek, 5/27/2002]

Entity Tags: Jon Kyl, Richard (“Dick”) Cheney, Dianne Feinstein, Lewis (“Scooter”) Libby

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Bruce Baughman.Bruce Baughman. [Source: Elise Moore / FEMA]Bruce Baughman, director of the planning and readiness division of the Federal Emergency Management Agency (FEMA), takes charge at FEMA headquarters in Washington, DC, because more senior FEMA officials, including the agency’s director, are away from the capital. FEMA Director Joseph Allbaugh and Lacy Suiter, FEMA’s assistant director of readiness, response, and recovery, are in Big Sky, Montana, attending the annual conference of the National Emergency Management Association (see September 8-11, 2001 and After 8:46 a.m. September 11, 2001). Baughman, who led FEMA’s response to the Oklahoma City bombing in April 1995 (see 8:35 a.m. - 9:02 a.m. April 19, 1995), therefore has to take charge of FEMA’s response to today’s terrorist attacks. In this capacity, he is responsible for activating FEMA’s emergency operations center, dispatching disaster medical personnel to the scenes of the attacks, and establishing emergency communications for New York. After the Twin Towers come down (see 9:59 a.m. September 11, 2001 and 10:28 a.m. September 11, 2001), he calls up the first FEMA urban search and rescue teams, which specialize in rescuing people from collapsed structures. [Block and Cooper, 2006, pp. 73-75] He will subsequently personally brief President Bush on three days while response operations are underway. [9/11 Commission, 11/17/2003 pdf file]
FEMA Will Help Local Agencies Respond to the Attacks - In May, Bush put FEMA in charge of responding to terrorist attacks in the United States (see May 8, 2001). [White House, 5/8/2001; Los Angeles Times, 5/9/2001] The agency therefore plays a key role in the government’s response to today’s attacks. The emergency response team at its headquarters is activated today, along with all 10 of its regional operations centers. It also activates its federal response plan, which, it states, “brings together 28 federal agencies and the American Red Cross to assist local and state governments in response to national emergencies and disasters.” It deploys eight urban search and rescue teams to New York to search for victims in the debris from the collapsed World Trade Center buildings, and four urban search and rescue teams to the Pentagon to assist the response there. These teams consist mainly of local emergency services personnel, and are trained and equipped to handle structural collapses. [Federal Emergency Management Agency, 9/11/2001; Federal Emergency Management Agency, 9/11/2001; US National Response Team, 2014, pp. 2 pdf file] In the days and weeks following the attacks, it will work with state and city officials to carry out the task of removing the debris from the WTC site. [Block and Cooper, 2006, pp. 75]

Entity Tags: Federal Emergency Management Agency, Joseph M. Allbaugh, Bruce Baughman, Lacy E. Suiter

Timeline Tags: Complete 911 Timeline

Joseph Allbaugh.Joseph Allbaugh. [Source: Greg Schaler / FEMA]Joseph Allbaugh, the director of the Federal Emergency Management Agency (FEMA), is flown back to Washington, DC, after leaving a major conference he has been attending in Montana. [State Government News, 10/2001 pdf file; CNN, 10/4/2001; 119th Fighter Wing, 10/25/2001] Allbaugh was one of hundreds of emergency management officials from around the US attending the annual conference of the National Emergency Management Association (NEMA) in Big Sky, Montana, which began on September 8 and was originally scheduled to continue until September 12 (see September 8-11, 2001). He was the keynote speaker at the conference, and in his speech the previous day, September 10, talked about his focus on improving capabilities and preparing for disaster. [National Emergency Management Association, 8/15/2001; New York Times, 9/12/2001; State Government News, 10/2001 pdf file]
Allbaugh Sees Second Attack on TV - Allbaugh will later recall that on this morning, he “turned on CNN” and “actually saw the second plane hit the tower.” He will comment, “I thought it was a movie clip,” but then “reality started sinking in.” When he learned that the plane was the second to have hit the World Trade Center, he knew “immediately it was terrorism.” [CNN, 10/4/2001] Allbaugh went into the meeting he was due to attend and announced: “You all will have to excuse me. I have more pressing matters.” [Associated Press, 9/8/2002] He was then one of the first to leave the NEMA conference. [New York Times, 9/12/2001]
Conflicting Accounts of Flight - Allbaugh is subsequently flown back to Washington, although there are conflicting accounts of his journey. Allbaugh will later recall that after leaving the conference, he moved on to the city of Bozeman, Montana, and then “waited a couple of hours for a plane.” Finally, he will say, a KC-135 military tanker plane flies him back to the capital. [CNN, 10/4/2001] According to another account, Major Rick Gibney, a pilot with the 119th Fighter Wing of the North Dakota Air National Guard, was originally tasked with flying Allbaugh home in his F-16 fighter jet, but, instead, an Air Force C-17 cargo plane is diverted to transport the FEMA director back to Washington. [119th Fighter Wing, 10/25/2001] But the Gainesville Sun will report that Allbaugh initially headed out from the conference with Craig Fugate, the director of Florida’s Division of Emergency Management. Fugate rented a car to drive back to Florida and Allbaugh joined him as a passenger. Allbaugh was then dropped off in Missouri, from where he is flown back to Washington. [Gainesville Sun, 10/22/2005] Other emergency management officials that were at the NEMA conference are also flown home on military aircraft throughout the day (see (After 11:00 a.m.) September 11, 2001 and (After 4:30 p.m.) September 11, 2001). [Stateline (.org), 9/13/2001; State Government News, 10/2001 pdf file; Stateline (.org), 10/11/2001]
Allbaugh Joins President and Others at the White House - Allbaugh will recall that his flight to Washington takes four and a half hours. After arriving back in the capital, he heads directly to the White House, where he spends the evening with the president, vice president, and many others. [CNN, 10/4/2001] It is unclear when exactly Allbaugh arrives in Washington, though he will be at the White House by 7:15 p.m., when he gives a press briefing. [White House, 9/11/2001]
Allbaugh in Charge of Responding to Domestic Terrorist Attacks - In May this year, President Bush put Allbaugh, as FEMA director, in charge of “consequence management” in response to any terrorist attacks in the United States. Allbaugh was charged with creating an Office of National Preparedness to coordinate the government’s response to any such attack (see May 8, 2001). [White House, 5/8/2001; Los Angeles Times, 5/9/2001] FEMA plays an important part in the government’s response to the attacks in New York and Washington on this day. It puts its “federal response plan” into effect, which involves coordinating with 28 other federal agencies and the American Red Cross; it dispatches eight urban search and rescue teams to New York to search for victims in the rubble of the WTC; and it has four urban search and rescue teams sifting through the remains of the crash at the Pentagon. [Government Executive, 9/11/2001; White House, 9/11/2001]

Entity Tags: Craig Fugate, Joseph M. Allbaugh, National Emergency Management Association, Rick Gibney, Federal Emergency Management Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Mitch Daniels, director of the Office of Management and Budget, writes in a memo to President Bush, complaining about Assistant Secretary of the Army Mike Parker’s testimony opposing the administration’s proposed budget cuts (see February 27, 2002). Daniels complains that Parker’s testimony “reads badly… on the printed page,” and that “Parker. . . is distancing [himself] actively from the administration.” [Government Executive, 9/1/2005]

Entity Tags: George W. Bush, Mitch Daniels

Timeline Tags: Hurricane Katrina

The Bush administration’s Office of Management and Budget (OMB) tells the EPA to use the discounted value of 63 percent for health impacts on senior citizens in calculating cost-benefit analyses when conducting assessments for new air pollution restrictions on polluting industries. [Knight Ridder, 12/19/2002]

Entity Tags: Bush administration (43), Environmental Protection Agency, Office of Management and Budget

Timeline Tags: US Environmental Record

The Bush administration’s Office of Management and Budget sends a report to Congress announcing that it will conduct a review of more than 300 regulations—including ones pertaining to the environment and public health—which it has slated for overhaul, reform, or elimination. The review will draw on more than 1700 recommendations from private industry and think tanks. Many of the recommendations would weaken food safety standards, energy conservation standards, and natural resources. Sixty-five of the regulations targeted for overhaul are under the jurisdiction of the EPA. [US Congress, 10/24/2002 pdf file; Natural Resources Defense Council, 12/19/2002; Senate Committee on Governmental Affairs, 12/20/2002]

Entity Tags: Environmental Protection Agency, Bush administration (43), US Congress, Office of Management and Budget

Timeline Tags: US Environmental Record

The US Corps of Engineers submits a draft report package and a Programmatic Environmental Impact Statement (PEIS) on the proposed Louisiana Coastal Area (LCA) wetlands restoration study (see March 2002-October 2003) to the White House’s Office of Management and Budget (OMB) and the Council on Environmental Quality (CEQ). The Corps is hoping that the report will be released this month, so it can be used to request congressional authorization in fall 2004 for the plan’s basic framework. But its release is held up by questions from the OMB and CEQ. In February 2004 (see February 2, 2004), the Bush administration will provide formal comments about the plan to the Corps in its 2005 proposed budget, directing the Corps to develop a less costly plan that focuses on narrower, shorter term objectives. [Associated Press, 1/29/2004; Associated Press, 2/3/2004; Louisiana Coastal Area Study, 4/2004 pdf file; Louisiana Coastal Area Study, 7/2004 pdf file]

Entity Tags: Council on Environmental Quality, Office of Management and Budget, Louisiana Coastal Area (LCA) Ecosystem Restoration Study, US Army Corps of Engineers

Timeline Tags: Hurricane Katrina

During President Bush’s visit to Louisiana, Governor Kathleen Blanco asks the president in a private conversation to include $50 million in his budget to begin construction work on the Louisiana Coastal Area (LCA) wetlands restoration project. She follows up with a formal letter outlining her request. [Associated Press, 2/3/2004]

Entity Tags: George W. Bush, Louisiana Coastal Area (LCA) Ecosystem Restoration Study, Kathleen Babineaux Blanco

Timeline Tags: Hurricane Katrina

The Bush administration’s proposed fiscal year 2005 budget sets aside $325 million for civil works projects in the US Army Corps of Engineers’ New Orleans district—slightly less than the $337 million approved by Congress the year before. According to Marcia Demma, chief of the Corps’ programs management branch, the Corps will need $425 million for 2005. “We have a backlog of contracts, and it’s just been for the past few years that… we haven’t been funded at our full capability,” Marcia Demma, chief of the Corps’ programs management branch, tells New Orleans CItyBusiness. Of the $325 million proposed in the Bush budget, the Southeast Louisiana Urban Flood Control Project (SELA) would receive $30 million, far short of the $42 million the Corps says it needs, and $4 million less than fiscal year 2004’s actual budget. According to Stan Green, SELA project manager, the $30 million would probably allow the Corps to continue its current work on 12 projects in Jefferson and Orleans parishes. But if it were fully funded, he says, it could award contracts for an additional 14 projects. [New Orleans CityBusiness, 2/16/2004] (Congress ultimately approves $36.5 million for SELA. [Los Angeles Times, 9/4/2005] ) The administration’s proposed budget includes only $3.9 million for the New Orleans’ East Bank Hurricane Levee Project, a mere fraction of the $27.1 million requested by the Corps. According to Al Naomi, who manages this project, the budgeted allotment would not even cover the $4.5 million required for unpaid fiscal year 2004 work. (The sum ultimately approved by Congress for the east bank project is $5.7 million.) [New Orleans CityBusiness, 2/16/2004; Times-Picayune, 6/8/2004; Knight Ridder, 9/1/2005; Knight Ridder, 9/1/2005; Washington Post, 9/8/2005, pp. A01] Additionally, the president’s budget rejects a draft plan, submitted in October 2003 (see October 2003) by the Army Corp of Engineers, to begin a $14 billion dollar project to restore Louisiana’s coastal wetlands. Instead, the president directs the Corps to refocus its ongoing restoration study to produce a single, prioritized list of projects that can be completed in 10 years. Additionally, the corps is directed to include in its study several other larger restoration projects that are not part of the Louisiana Coastal Area study, and determine whether the mouth of the Mississippi can be altered to let sediment create new areas of wetlands to its east and west quickly, while still allowing shipping to reach port facilities in New Orleans and elsewhere along the river. Eight million dollars is allocated to the effort, only a fraction of the $50 million that was requested by Louisiana’s Governor (see January 2004). In the budget’s narrative, the White House acknowledges for the first time that Louisiana’s disappearing wetlands are partly the result of the US Army Corps of Engineers’ channeling of the Mississippi River for shipping and the construction of flood-control levees along the river to protect New Orleans. It also says that canals built by the oil and gas industry, natural subsidence, and rising sea levels are contributing factors to Louisiana’s net loss of coastal wetlands. [Associated Press, 2/3/2004; Times-Picayune, 2/3/2004; Louisiana Coastal Area Study, 4/2004 pdf file]

Entity Tags: Stan Green, Marcia Demma, Louisiana Coastal Area (LCA) Ecosystem Restoration Study, Bush administration (43), Al Naomi, US Army Corps of Engineers

Timeline Tags: Hurricane Katrina

The NOAA issues the second edition of its “Procedures Manual for Congressional Communications.” According to the 18-page policy document, while the agency’s Office of Legislative Affairs is responsible for coordinating congressional communications, it is the Department of Commerce and the White House Office of Management and Budget (OMB ) that have final vetting authority. The OMB’s stated mission is to ensure “that agency reports, rules, testimony, and proposed legislation are consistent with the president’s budget and with administration policies.” [Maassarani, 3/27/2007, pp. 41 pdf file]

Entity Tags: National Oceanic and Atmospheric Administration

Timeline Tags: Global Warming

In accordance with the Bush administration’s request (see February 2, 2004) to narrow the focus of the Louisiana Coastal Restoration Plan, the US Army Corps of Engineers submits a $2.0 billion restoration plan for Louisiana’s coastal wetlands to the EPA. The plan, downsized from the orginal $14 billion plan and referred to at this point as the Tentatively Selected Plan (TSP), calls for the accelerated implementation of up to five restoration projects that could begin as early as 2006. The projects would cost a total of $786 million. Other projects, such as a 10-year science and technology program, a demonstration program, a beneficial use of dredged material program, and a modification of existing structures program, would also be accelerated and cost about $385 million. The plan also calls for a large scale studies program costing $60 million, and identifies another 10 projects that would be subject to case-by-case authorization by Congress. [Louisiana Coastal Area Study, 7/2004 pdf file; Environmental News Service, 7/7/2004; National Wetlands Research Center, 12/15/2004]

Entity Tags: Environmental Protection Agency, US Army Corps of Engineers, Louisiana Coastal Area (LCA) Ecosystem Restoration Study

Timeline Tags: Hurricane Katrina

Public administration specialist Philip Cooper determines that during his first term, George W. Bush issued over 500 objections to Congressional legislation that he signed into law. Almost all of his objections were codified in presidential “signing statements,” which have no legal weight per se but have been used by Bush and previous presidents to cite objections or exceptions to legislative provisions. Although the administration’s point man on signing statements is David Addington, Vice President Cheney’s legal adviser and chief of staff, most of the legal objections for the statements are sourced from the Justice Department and the Office of Management and Budget. 82 of Bush’s signing statements are based on the “unitary executive” theory of presidential power (see January 9-13, 2006), 77 relate to the administration’s perception of the president’s exclusive power over foreign policy, 48 to his power to withhold information required by Congress to protect national security, and 37 to his powers as commander in chief. [Dean, 2007, pp. 112-116; Joyce Green, 2007]

Entity Tags: Philip Cooper, David S. Addington, Office of Management and Budget, Richard (“Dick”) Cheney, George W. Bush, US Department of Justice

Timeline Tags: Civil Liberties

The House of Representatives proposes the steepest reduction in hurricane and flood-control funding for New Orleans in history—$71.2 million, or 21 percent. The Bush administration had earlier proposed a $52.8 million reduction for the New Orleans district’s fiscal year 2006 budget. The cut would be the largest single-year spending cut ever incurred by the district. As a result of the expected cut, the local Corps office postpones a study seeking to determine ways to protect the region from a Category 5 hurricane. Additionally, it imposes a hiring freeze and is unable to start any new jobs or award any new contracts. “I’ve been here over 30 years and I’ve never seen this level of reduction,” said Al Naomi, project manager for the New Orleans district. “I think part of the problem is it’s not so much the reduction, it’s the drastic reduction in one fiscal year. It’s the immediacy of the reduction that I think is the hardest thing to adapt to.” One of the hardest hit projects is the Southeast Louisiana Urban Flood Control Project (SELA). Its budget is being slashed to $10.4 million, down from $36.5 million. The amount is a sixth of what local officials say they need. Funding for levee repairs and other work on Lake Pontchartrain is scheduled to be cut from $5.7 million (see February 2, 2004) this year to $2.9 million in 2006. “We’ll do some design work. We’ll design the contracts and get them ready to go if we get the money. But we don’t have the money to put the work in the field, and that’s the problem,” Naomi says. [New Orleans CityBusiness, 6/6/2005; Editor & Publisher, 8/31/2005; Chicago Tribune, 9/1/2005]

Entity Tags: Al Naomi, Southeast Louisiana Urban Flood Control Project, Bush administration (43)

Timeline Tags: Hurricane Katrina

During the Senate hearings to confirm conservative jurist Samuel Alito to the Supreme Court, the questioning turns to Alito’s views on the “unitary executive” theory (January 1, 1992). The theory seems to have originated in the Reagan administration’s Justice Department (see April 30, 1986), where Alito worked in the Office of Legal Counsel.
Lawyer Testifies to Unitary Executive - Former Clinton White House counsel Beth Nolan testifies about the theory and its potential for dramatically revamping the power of the presidency: “‘Unitary executive’ is a small phrase with almost limitless import. At the very least, it embodies the concept of presidential control over all executive functions, including those that have traditionally been executed by ‘independent’ agencies and other actors not subject to the president’s direct control.… The phrase is also used to embrace expansive interpretations of the president’s substantive powers, and strong limits on the legislative and judicial branches.” Nolan cites a November 2000 speech by Alito to the Federalist Society, where Alito said in part, “the president is largely impervious to statutory law in the areas of foreign affairs, national security, and Congress is effectively powerless to act as a constraint against presidential aggrandizement in these areas.” [Dean, 2007, pp. 100-106] During the questioning session, Alito denies ever discussing the idea of inherent presidential powers during that speech.
Evasive Answers in Hearings - Senator Richard Durbin (D-IL) says in his opening statement that he intends to press Alito on his support for what Durbin calls “a marginal theory at best… yet one you’ve said you believe.” Durbin notes that the Bush administration has repeatedly cited the theory to justify its most controversial policies and decisions, particularly in conducting its war on terror. Senator Charles Schumer (D-NY) adds: “The president is not a king, free to take any action he chooses without limitation, by law.… In the area of executive power, Judge Alito, you have embraced and endorsed the theory of the unitary executive. Your deferential and absolutist view of separation of powers raises questions. Under this view, in times of war the president would, for instance, seem to have inherent authority to wiretap American citizens without a warrant, to ignore Congressional acts at will, or to take any other action he saw fit under his inherent powers. We need to know, when a president goes too far, will you be a check on his power or will you issue him a blank check to exercise whatever power alone he thinks appropriate?” [Savage, 2007, pp. 271-272] However, Alito refuses to address the issue in the hearings, giving what one journalist calls “either confused or less than candid” answers to questions concerning the subject.
Failure to Recall - During questioning, Alito turns aside inquiries about his avowed support for the unitary executive theory, saying he was merely talking about the idea that a president should have control over lesser executive branch officials, and was not referring to the usurpation of Congressional power by the executive. Further questions elicit nothing but a dry definition of the term. Asked about Supreme Court Justice Clarence Thomas’s stinging dissent in the 2004 Hamdi v. Rumsfeld case (see June 28, 2004), where Thomas wrote that the authors of the Constitution believed a unitary executive was essential to the implementation of US foreign policies, Alito says he does not recall Thomas’s mention of the phrase. Asked about Bush’s signing statement that attempted to invalidate the Detainee Treatment Act (see December 30, 2005), Alito merely recites the definition of a signing statement, and refuses to actually state his position on the issue (see February 6, 1986 and After). Senator Ted Kennedy (D-MA), disturbed by Alito’s refusal to address the subject, says he will vote against him in part because of Alito’s embrace of “the gospel of the unitary executive.” Kennedy cites one of the authors of the theory, law professor Steven Calabresi, one of the founders of the Federalist Society, who, Kennedy says, “acknowledged that, if the concept is implemented, it would produce a radical change in how the government operates.” [Dean, 2007, pp. 100-106; Savage, 2007, pp. 271-274]
ACLU Opposes Alito - The ACLU, for only the third time in its history, formally opposes Alito’s nomination, in part because of Alito’s embrace of the unitary executive theory of the presidency, citing Alito’s “expansive view of executive authority and a limited view of the judicial role in curbing abuses of that authority.” In its 86-year history, the ACLU has only opposed two other Court nominees: William Rehnquist and former Solicitor General Robert Bork. [American Civil Liberties Union, 1/9/2006]
Opposition Fails - However, none of this is effective. Alito is sworn in less than a month later, after Democrats in the Senate fail to successfully mount a filibuster against his confirmation. [CNN, 2/1/2006]

Entity Tags: Office of Legal Counsel (DOJ), Samuel Alito, Edward M. (“Ted”) Kennedy, Clarence Thomas, Beth Nolan, US Department of Justice, Bush administration (43), US Supreme Court, American Civil Liberties Union

Timeline Tags: Civil Liberties

The Bush administration’s budget request for fiscal year 2007 proposes an 80 percent cut to the EPA’s library budget. The White House wants to trim it down from $2.5 million to half a million dollars. To meet this lean budget, the EPA intends to eliminate its electronic catalog, which tracks some 50,000 documents and studies that are available nowhere else, and shut down its headquarters library and several of its regional libraries. The EPA manages a network of 28 libraries from its Washington headquarters and has 10 regional offices nationwide. The libraries are used primarily by EPA scientists, regulators, and attorneys to enforce existing environmental regulations, develop new regulations, track the business histories of regulated industries, and research the safety of chemicals and the potential environmental effects of new technologies. [PEER, 2/10/2006] Though the EPA insists the closures are necessary to trim costs, internal studies have reportedly shown that providing full library access to its researchers saves an estimated 214,000 hours in professional staff time worth some $7.5 million annually. [PEER, 6/29/2006] Patrice McDermott, deputy director of the Office of Government Relations, says the proposed cuts would put “at risk important environmental information and the public’s ability to access the information they need to protect their health and safety.” [Federal Computer Week, 3/13/2006]

Entity Tags: Environmental Protection Agency, Bush administration (43)

Timeline Tags: US Environmental Record

After critics complain that the EPA’s plan to eliminate its electronic catalog would make it impossible for researchers to locate any of the libraries’ holdings within the network, the EPA announces that it will restore the $500,000 that Bush’s proposed 2007 budget wants to cut for this service. But to offset this amount, the agency says it will have to make even deeper cuts elsewhere in its library budget. [PEER, 3/16/2006] In February, the Bush administration’s 2007 budget request proposed cutting the EPA’s library budget 80 percent by closing many of its libraries (see Early February 2006).

Entity Tags: Environmental Protection Agency

Timeline Tags: US Environmental Record

EPA Midwestern Regional Administrator Thomas Skinner writes in an email to employees that the EPA library at Chicago regional headquarters “will close in the near future” in order “to allow time for an orderly relocation of our library collection.” The memo explains that the Bush administration’s 2007 budget request, which has not been approved by Congress, has proposed reducing funding for the Chicago library by 90 percent (see Early February 2006). [PEER, 3/16/2006] The agency does not publish any notice in the Federal Register about the closure of this library, despite a federal requirement (Office of Budget & Management Circular A-130) that the public be notified whenever “terminating significant information dissemination products.” [PEER, 8/21/2006] The library serves the six-state region of Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin. [PEER, 3/16/2006]

Entity Tags: Thomas Skinner, Environmental Protection Agency

Timeline Tags: US Environmental Record

Representatives for 10,000 EPA scientists write a letter to Congress protesting the Bush administration’s plan to close the agency’s research libraries. The letter’s authors, representing more than half of the EPA’s total workforce, say that about 50,000 original research documents will become completely unavailable because the agency has no plan to digitize them. Nor does the agency have plans to maintain the inter-library loan process. The letter warns that the closures would make thousands of scientific studies inaccessible, making it more difficult to prepare for emergencies and enforce environmental laws. As an example of the impact that these measures will have, Jeff Ruch, executive director of Public Employees for Environmental Responsibility, notes that “important research on the Chesapeake Bay is locked away in boxes since EPA closed its Ft. Meade library in February, yet EPA still maintains that restoring the Chesapeake is a top priority.” The letter describes the library closures as another “example of the Bush administration’s effort to suppress information on environmental and public health-related topics.” [PEER, 6/29/2006; Saracco et al., 6/29/2006 pdf file]

Entity Tags: US Congress

Timeline Tags: US Environmental Record

An internal EPA document reveals that the agency plans to immediately implement the Bush administration’s proposed budget cuts for the next fiscal year, which begins in October, without waiting for congressional approval. The memo, titled “EPA FY 2007 Library Plan,” describes “deaccessioning procedures” for the “the removal of library materials from the physical collection.” The document says that regional libraries located in Chicago, Dallas, and Kansas City will be closed by September 30 while library hours and services at other regional facilities will be gradually reduced. As many as 80,000 original documents, which are not electronically available, will be boxed up and shipped to a new location until they are eventually digitized. [Environmental Protection Agency, 8/15/2006 pdf file; PEER, 8/21/2006]

Entity Tags: Environmental Protection Agency

Timeline Tags: US Environmental Record

The ranking members of the House Government Reform Committee and the Committee on Science, Energy, and Commerce ask the Government Accountability Office to investigate the impact that Bush’s proposed budget cuts (see Early February 2006) and the EPA library closures (see, e.g., August 15, 2006 and October 20, 2006 and After) will have on scientific research, regulatory quality, and enforcement capability. The letter cites the concerns of EPA scientists that the changes will “harm the agency’s ability to carry out its mission and will be especially damaging to EPA’s ability to enforce environmental laws.” It adds that EPA employees fear the library reorganization scheme may result in the “permanent” loss of access to many documents. [PEER, 8/21/2006; Gordon, Waxman, and Dingall, 9/19/2006 pdf file]

Entity Tags: Henry A. Waxman, Bart Gordan, Government Accountability Office, John Dingell, Environmental Protection Agency

Timeline Tags: US Environmental Record

The EPA publishes a notice in the Federal Register that it will be closing its headquarter library on October 1. The library contains 380,000 documents on microfiche, a microforms collection of abstracts and indexes, 5,500 hard copy agency documents, and more than 16,000 books and technical reports produced by other government agencies. The EPA has already quietly closed several regional libraries, whose collections are currently not available to anyone, even the agency’s own scientists (see August 15, 2006). Though agency officials insist that the collections from these libraries will be digitized and made available via the Internet, no funds have yet been allocated for this purpose. [PEER, 8/21/2006; Environmental Protection Agency, 9/20/2006 pdf file] Unlike today’s notice about the closing of the headquarter library, no public notice was given for the closures of the agency’s regional libraries (see August 15, 2006).

Entity Tags: Environmental Protection Agency

Timeline Tags: US Environmental Record

Citing proposed cuts in its 2007 fiscal year budget, the EPA begins ordering its regional offices to cancel subscriptions to several of the technical journals and environmental publications that are used by its scientists. One internal email reveals that the agency’s Mid-Atlantic Region is being asked “to cut its journal renewals about in half.” According to the organization Public Employees for Environmental Responsibility (PEER), the subscription cancellations mean that “agency scientists and other technical specialists will no longer have ready access to materials that keep them abreast of developments within their fields. Moreover, enforcement staff, investigators, and other professionals will have a harder time tracking new developments affecting their cases and projects.” The cancellations come on top of the closures of several EPA libraries that have already cut employees’ access off from tens of thousands of documents (see, e.g., September 20, 2006 and August 15, 2006). When news of the library closures sparked protest from EPA scientists over the summer (see June 29, 2006), agency officials attempted to assuage their concerns with promises that the EPA would implement a “new library plan to make environmental information more accessible to employees.” But critics say the subscription cancellations contradict this claim and are a clear sign that the agency does not intend to improve its staff’s access to the information. [PEER, 10/9/2006]

Entity Tags: Environmental Protection Agency

Timeline Tags: US Environmental Record

On October 20, the EPA quietly closed its Office of Prevention, Pollution, and Toxic Substances (OPPTS) Library, which housed thousands of one-of-a-kind documents relating to the safety of chemicals (see October 20, 2006). Material from the library had been used by government scientists to review industry applications for new chemicals. Since the closure, the agency has asked other EPA libraries to take possession of the documents. But documents that have not been claimed by other libraries are being tossed into garbage bins. Jeff Ruch, of the organization Public Employees for Environmental Responsibility (PEER), has been an outspoken critic of the EPA library closures. According to him, it appears as if “the appointed management at EPA is determined to actually reduce the sum total of human knowledge. EPA is not an agency renowned for its speed, so its undue haste in dumping library holdings suggests a political agenda rather than anything resembling a rational information management plan.” [PEER, 11/20/2006]

Entity Tags: Jeff Ruch, Environmental Protection Agency

Timeline Tags: US Environmental Record

Four incoming House Democratic committee chairs write a letter to EPA Administrator Stephen Johnson demanding that the agency immediately cease the “destruction or disposition of all [EPA] library holdings… and that all records of library holdings and dispersed materials” be kept safe. On October 1, the EPA closed several regional libraries and has since boxed up or destroyed collections from these libraries as part of a library reorganization plan. The closures were prompted by Bush’s 2007 budget request which slashed funding for the EPA’s network of technical libraries (see Early February 2006). However, neither the budget request nor the reorganization plan has been approved by Congress. [Gordon et al., 11/30/2006 pdf file; Public Employees for Environmental Responsibility (PEER), 12/8/2006] The next day, on December 1, the EPA, apparently ignoring the senators’ request, removes thousands of documents from the website of the Office of Prevention, Pollution, and Toxic Substances (OPPTS) Library [Stoss, 12/4/2006 pdf file; Public Employees for Environmental Responsibility (PEER), 12/8/2006] , which was quietly shut down about six weeks ago (see October 20, 2006).

Entity Tags: Henry A. Waxman, John Dingell, Stephen Johnson, James L. Oberstar, Bart Gordan

Timeline Tags: US Environmental Record

As part of a library reorganization plan that was proposed in Bush’s 2007 budget request (see Early February 2006), but not approved by Congress, the EPA begins hurriedly selling library assets off for less than a penny on the dollar. Acting on orders from EPA headquarters, the agency auctions off over $40,000 worth of furniture and equipment from the recently closed Chicago regional library for a mere $350. The woman who purchases the merchandise says she expects to resell the goods for about $80,000. [GSA Auctions, 10/23/2006 pdf file; Partee, 10/28/2006 pdf file; Public Employees for Environmental Responsibility (PEER), 12/8/2006] Critics suggest that the motivation behind the rushed liquidation sale is to prevent a re-opening of the libraries should Congress vote down Bush’s budget cuts. Jeff Ruch, executive director of Public Employees for Environmental Responsibility and an outspoken critic of the EPA library closures, notes, “One big irony is that EPA claimed the reason it needed to close libraries was to save money but in the process they are spending and wasting money like drunken sailors.” [Public Employees for Environmental Responsibility (PEER), 12/8/2006]

Entity Tags: Jeff Ruch, Environmental Protection Agency

Timeline Tags: US Environmental Record

President Bush has abused his prerogative to issue “signing statements” that state the White House’s interpretion of Congressionally passed laws (see Early 2005), according to former White House counsel John Dean and constitutional law professor Laurence Tribe.
History - Signing statements have no weight in law, but presidents have traditionally used them to state their belief that a particular legislative provision is unconstitutional, and on rare occasion (before the current president) to state their refusal to enforce that provision. Since Jimmy Carter’s administration, various Justice Department officials have said presidents can refuse to enforce a particular provision of signed, legally binding legislation. [Dean, 2007, pp. 112-116] A group of young conservative lawyers in the Reagan administration decided that signing statements were a powerful, and stealthy, way to expand presidential power.
Dean: Bush's Use of Signing Statements 'Extraordinary' - However, Dean says that Bush has used signing statements far more extensively than any president before him. Dean notes that, while presidential signing statements themselves are not illegal or inherently wrong, “[i]t is Bush’s abuse of them that is extraordinary.” Dean writes there has been no concerted effort to find out if Bush is just saying he will not comply with the inordinate number of legislative provisions he has objected to, or if he is refusing to comply with them in practice. If the latter is the case, Dean writes, “he should be impeached immediately… because it would be an extraordinary breach of his oath” of office.
Tribe: Bush's Signing Statements 'Bizarre,' 'Reckless' - Dean cites Tribe, who said in 2006, “[W]hat is new and distressing [about Bush’s use of signing statements] is the bizarre, frighteningly self-serving, and constitutionally reckless character of those views—and the suspicion that the president either intends actually to act on them with some regularity, often in a manner that won’t be publicly visible at the time, or intends them as declarations of hegemony and contempt for the coordinate branches—declarations that he hopes will gradually come to be accepted in the constitutional culture as descriptions of the legal and political landscape properly conceived and as precedents for later action either by his own or by future administrations.” [Dean, 2007, pp. 112-116; Joyce Green, 2007] Political science professor Christopher Kelley agrees. Kelley, who studied the Bush administration’s use of signing statements, says: “What we haven’t seen until this administration is the sheer number of objections that are being raised on every bill passed through the White House. That is what is staggering. The numbers are well out of the norm from any previous administration.”
Signing Statements Supplanting Vetoes - In another disturbing trend, according to author and reporter Charlie Savage, Bush is using signing statements to supplant the traditional presidential veto. By mid-2007, Bush had vetoed just two bills. In contrast, Bush’s predecessor, Bill Clinton, vetoed 37 bills. George H. W. Bush vetoed 44, and Ronald Reagan vetoed 78. Legal experts studying Bush’s signing statements conclude that Bush and his legal team are using signing statements to function almost as line-item vetoes, a power the president does not have. The Supreme Court ruled in 1998 that the Founding Fathers wanted the president to either accept a Congressional bill or reject it entirely, and if Congress overrode the veto, then the president had no other recourse than to follow the new law. But now, Savage writes, “the Bush-Cheney administration had figured out that if a president signed a bill and then instructed the government to consider selected provisions null (see December 30, 2005), he could accomplish much the same thing. Moreover, it was an absolute power because, unlike when there is a regular veto, Congress had no opportunity to override his legal judgments.” [Savage, 2007, pp. 230-231]

Entity Tags: Laurence Tribe, John Dean, US Department of Justice, George W. Bush, Charlie Savage, James Earl “Jimmy” Carter, Jr., Christopher Kelley

Timeline Tags: Civil Liberties

President Barack Obama orders a review of former President Bush’s signing statements. Bush often used signing statements to instruct administration officials how to implement, or to ignore, Congressional legislation and other laws (see Early 2005, January 13, 2006, and September 2007). Obama has sent memos to numerous federal agencies directing them to review Bush’s signing statements. White House press secretary Robert Gibbs says that other presidents have used signing statements to note potential problems and conflicts, and says Obama will continue that practice. But, Gibbs says, Obama will not use signing statements to disregard Congress’s intent in its legislation. [Associated Press, 3/9/2009]

Entity Tags: Barack Obama, Robert Gibbs, George W. Bush

Timeline Tags: Civil Liberties

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