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Historic changes possible in military's role in domestic emergencies
AP
http://www.usatoday.com/news/nation/2005-09-17-katrina-military_x.htm
In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.
WASHINGTON (AP) — President Bush's push to give the military a bigger role in responding to major disasters like Hurricane Katrina could lead to a loosening of legal limits on the use of federal troops on U.S. soil.

A military truck moves along a street in the Ninth Ward area of New Orleans. Pentagon officials may loosen limits on the military's domestic role.
By Ric Francis, AP
Pentagon officials are reviewing that possibility, and some in Congress agree it needs to be considered.
Bush did not define the wider role he envisions for the military. But in his speech to the nation from New Orleans on Thursday, he alluded to the unmatched ability of federal troops to provide supplies, equipment, communications, transportation and other assets the military lumps under the label of "logistics."
The president called the military "the institution of our government most capable of massive logistical operations on a moment's notice."
At question, however, is how far to push the military role, which by law may not include actions that can be defined as law enforcement — stopping traffic, searching people, seizing property or making arrests. That prohibition is spelled out in the Posse Comitatus Act of 1878, enacted after the Civil War mainly to prevent federal troops from supervising elections in former Confederate states.
Speaking on the Senate floor Thursday, Sen. John Warner, R-Va., chairman of the Armed Services Committee, said, "I believe the time has come that we reflect on the Posse Comitatus Act." He advocated giving the president and the secretary of defense "correct standby authorities" to manage disasters.
Presidents have long been reluctant to deploy U.S. troops domestically, leery of the image of federal troops patrolling in their own country or of embarrassing state and local officials.
The active-duty elements that Bush did send to Louisiana and Mississippi included some Army and Marine Corps helicopters and their crews, plus Navy ships. The main federal ground forces, led by troops of the 82nd Airborne Division from Fort Bragg, N.C., arrived late Saturday, five days after Katrina struck.
They helped with evacuations and performed search-and-rescue missions in flooded portions of New Orleans but did not join in law enforcement operations.
The federal troops were led by Lt. Gen. Russel Honore. The governors commanded their National Guard soldiers, sent from dozens of states.
Defense Secretary Donald Rumsfeld is reviewing a wide range of possible changes in the way the military could be used in domestic emergencies, spokesman Lawrence Di Rita said Friday. He said these included possible changes in the relationship between federal and state military authorities.
Under the existing relationship, a state's governor is chiefly responsible for disaster preparedness and response.
Governors can request assistance from the Federal Emergency Management Agency. If federal armed forces are brought in to help, they do so in support of FEMA, through the U.S. Northern Command, which was established in 2002 as part of a military reorganization after the 9/11 attacks.
Di Rita said Rumsfeld has not made recommendations to Bush, but among the issues he is examining is the viability of the Posse Comitatus Act. Di Rita called it one of the "very archaic laws" from a different era in U.S. history that limits the Pentagon's flexibility in responding to 21st century domestic crises.
Another such law, Di Rita said, is the Civil War-era Insurrection Act, which Bush could have invoked to waive the law enforcement restrictions of the Posse Comitatus Act. That would have enabled him to use either National Guard soldiers or active-duty troops — or both — to quell the looting and other lawlessness that broke out in New Orleans.
The Insurrection Act lets the president call troops into federal action inside the United States whenever "unlawful obstructions, combinations or assemblages — or rebellion against the authority of the United States — make it impracticable to enforce the laws" in any state.
The political problem in Katrina was that Bush would have had to impose federal command over the wishes of two governors — Kathleen Blanco of Louisiana and Haley Barbour of Mississippi — who made it clear they wanted to retain state control.
The last time the Insurrection Act was invoked was in 1992 when it was requested by California Gov. Pete Wilson after the outbreak of race riots in Los Angeles. President George H.W. Bush dispatched about 4,000 soldiers and Marines.
Di Rita cautioned against expecting quick answers to tough questions like whether Congress should define when to trigger the president's authority to send federal troops to take charge of an emergency, regardless of whether a governor agreed.
"Is there a way to define a threshold, or an anti--cipated threshold, above which a different set of relationships would kick in?" Di Rita asked. "That's a good question. It's only been two weeks, so don't expect us to have the answers. But those are the kinds of questions we need to be asking."
Copyright 2005 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Rita could equal $5 gas
The timing and strength of the latest storm could cause worse spike at the pumps than Katrina did.
September 21, 2005:
By Chris Isidore,
CNN/Money senior writer
http://money.cnn.com/2005/09/21/news/economy/rita_threat/index.htm
In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.
NEW YORK (CNN/Money) - Remember when gas spiked to $3-plus a gallon after Hurricane Katrina? By this time next week, that could seem like the good old days.
Weather and energy experts say that as bad as Hurricane Katrina hit the nation's supply of gasoline, Hurricane Rita could be worse.
Katrina damage was focused on offshore oil platforms and ports. Now the greater risk is to oil-refinery capacity, especially if Rita slams into Houston, Galveston and Port Arthur, Texas.
"We could be looking at gasoline lines and $4 gas, maybe even $5 gas, if this thing does the worst it could do," said energy analyst Peter Beutel of Cameron Hanover. "This storm is in the wrong place. And it's absolutely at the wrong time," said Beutel.
Michael Schlacter, chief meteorologist at Weather 2000, said Rita now appears most likely to hit between Port Arthur and Corpus Christi, Texas, sometime between Friday afternoon and Saturday morning.
Just about all of Texas's refinery capacity lies in that at-risk zone. (For a look at CNN.com's coverage of Hurricane Rita, click here.)
"There is no lucky 7-10 split scenario to use a bowling analogy," he said. "If you're [a refiner] within 200 miles, you're going to feel the effect."
Compounding Katrina's impact
When Katrina hit, 15 refineries, nearly all in Louisiana and Mississippi, with a combined capacity of about 3.3 million barrels a day were shut down or damaged, according to the Energy Department. That represented almost 20 percent of U.S. refining capacity.
Within a week, almost two-thirds of that damaged capacity had resumed some operations, according to the department. But four refineries with nearly 900,000 barrels a day of capacity are still basically shut down.
If Rita hits both the Houston-Galveston area, as well as the Port Arthur-Beaumont region near the Texas-Louisiana border, that could take out more than 3 million barrels of capacity a day, according to Bob Tippee, editor of the industry trade journal Oil & Gas Journal in Houston.
"Before Katrina, the system was already so tight that the worst-case scenario was for a disruption that took 250,000 barrels of capacity out of the picture. That would have been considered a major jolt," said Tippee.
"We're already in uncharted territory now. We can't project what happens from another shot the size of Katrina or worse."
Part of the problem is that skilled crews needed to make refinery repairs are already busy trying to fix the Katrina damage. That would extend recovery time from Rita.
"[Rita] could have a significant impact on supply and prices -- this really is a national disaster," Valero Energy (Research) CEO Bill Greehey in an interview with Reuters Tuesday evening.
Gas not the only concern
Problems could spread beyond the gas pumps.
Tippee said that natural-gas prices could see a further spike, since so many of the offshore platforms off of Texas produce natural gas, not crude oil.
And while gasoline imports have helped bring gas prices down from record highs, there isn't as much potential for heating-oil imports, he noted.
"Gasoline tends to obscure everything, especially since we aren't paying heating bills right now," said Tippee. "But we were already looking at a winter fuel problem. We're about to take another hit that will cause a lot of problems."
Schlacter said even the oil platforms off the Louisiana Gulf Coast, which are not likely to take a direct hit from Rita, could be affected by large waves churning up the Gulf of Mexico as the storm passes to the south. Waves of as much as 40 to 50 feet could hit the platforms off the Texas Coast, he estimated.
Tippee said that production across the Gulf is already being affected by oil companies pulling workers off platforms ahead of the storm. And it's not just domestic oil being interrupted.
The Louisiana Offshore Oil Port (LOOP), the nation's largest gateway for overseas oil, stopped accepting deliveries of its 1.2 million barrels of oil a day Wednesday afternoon due to high seas, LOOP spokeswoman Barb Hesterman told Reuters. She said the disruption was expected to be "for a short time."
But if Katrina is any guide, it could take several days after Rita passes for production to resume even at oil and gas platforms that escape damage.
"There were several days where if you could have gotten out to the platform, you could have started it back up, but you couldn't find the boats or helicopters you needed to get back to the platforms," he said.

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