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Domestic Operational Law Handbook for Judge Advocates, 2013

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Domestic Operational Law Handbook for Judge Advocates, 2013 DOMESTIC OPERATIONAL LAW HANDBOOK 2013 FOR JUDGE ADVOCATES CENTER FOR LAW AND MILITARY OPERATIONS October 2013 2013 DOMESTIC OPERATIONAL LAW HANDBOOK A PRACTITIONER’S GUIDE FOR JUDGE ADVOCATES EDITORS CDR Dave Sherry, USCG LCDR Robert Pirone, USCG 2013 CONTRIBUTORS COL Michael Noyes LTC Richard Sudder LTC John Maier MAJ Ben Currier LTC Nick Lancaster MAJ Bayne Johnston MAJ Bill Johnson MAJ José Gonzalez MAJ Hobe Schultz MAJ Pia Rogers LCDR Holly Higgins MAJ Marc Koblenz MAJ George Burnette MAJ Robert Kavanaugh MAJ Maximino Gonzalez LT Michael Walker As well as numerous past editors and contributors to the Domestic Operational Law Handbook. The contents of this publication are not to be construed as official positions, policies, or decisions of the United States Government or any department or agency thereof. Cover design by Ms. Cherie A. Hulsman-Reid, The Judge Advocate General’s Legal Center & School Cover Photos: 100421-G-XXXXL - Deepwater Horizon fire NEW ORLEANS - Fire boat response crews battle the blazing remnants of the off shore oil rig Deepwater Horizon April 21, 2010. A Coast Guard MH-65C dolphin rescue helicopter and crew document the fire aboard the mobile offshore drilling unit Deepwater Horizon, while searching for survivors April 21, 2010. Multiple Coast Guard helicopters, planes and cutters responded to rescue the Deepwater Horizon's 126 person crew. U.S. Coast Guard photo, PO Richard Brahm. 050830-C-3721C-032 (FR) - Hurricane Katrina NEW ORLEANS (Aug. 30, 2005) - Coast Guard Petty Officer 2nd Class Shawn Beaty looks for survivors in the wake of Hurricane Katrina. U.S. Coast Guard photo by Petty Officer 2nd Class NyxoLyno Cangemi. 121128-G-HE371-001 - Coast Guard works with Army Corps during Hurricane Sandy Cmdr. Eric Doucette, Incident Commander for the Hurricane Sandy Pollution Response Unified Command, Capt. Gordon Loebl, Captain of the Port of N.Y., Col. Paul Owen, Commander and District Engineer with the Army Corps of Engineers and ACOE representatives discuss the plan for the salvage of the John B. Caddell on Staten Island, a 184-foot tank ship that ran aground following Hurricane Sandy. U.S. Coast Guard photo by Petty Officer 1st Class Matthew Schofield. 110829-G-AV652-370 - La Push, WA La Push, WA. Members from the U.S. Coast Guard 13th District Aids to Navigation Hardware Shop, U.S. Coast Guard Cutter Fir, an aircrew from the U.S. Army Reserves' Bravo Company 214th General Support Aviation Battalion, U.S. Coast Guard Station Quillaute River and members from the Quileute Tribe worked together to remove the buoy that washed up on shore in the winter of 2010. U.S. Coast Guard photo by Petty Officer 2nd Class Zac Crawford. RU785-442 - Mississippi Tornado Response Mississippi Army National Guardsmen with the 1st Squadron, 98th Cavalry Regiment and firemen with the Smithville, Miss., Volunteer Fire Department talk April 29, 2011, while searching for survivors of a deadly tornado that struck the town April 27, 2011. (U.S. Army photo by Sgt. Charles Brice/Released). Date Shot: 4/29/2011. Date Posted: 5/5/2011; VIRIN: 110429-A-RU785-442. EDITORS’ NOTE The Domestic Operational Law (DOPLAW) Handbook for judge advocates is a product of the Center for Law and Military Operations (CLAMO). Its content is derived from statutes, Executive Orders and Directives, national policy, DoD Directives, joint publications, service regulations, field manuals, and lessons learned by judge advocates and other practitioners throughout federal and state government. This edition includes substantial revisions. It incorporates new guidance set forth in Department of Defense Directive 3025.18 (Defense Support of Civil Authorities), Department of Defense Instruction 3025.21 (Defense Support of Civilian Law Enforcement Agencies), numerous new National Planning Framework documents, and many other recently updated publications. It provides amplifying information on wildfire response, emergency mutual assistance compacts, the role of the National Guard and Army units in domestic response, and provides valuable lessons learned from major incidents such as the 2010 Deepwater Horizon oil spill and Hurricane Sandy of 2012. The Handbook is designed to serve as a working reference and training tool for judge advocates; however, it is not a substitute for independent research. With the exception of footnoted doctrinal material, the information contained in this Handbook is not doctrine. Judge advocates advising in this area of the law should monitor developments in domestic operations closely as the landscape continues to evolve. Further, the information and examples provided in this Handbook are advisory only. Finally, the content and opinions expressed in this Handbook do not represent the official position of the U.S. Army or the other services, the National Guard Bureau, the Office of The Judge Advocate General, The Judge Advocate General’s Legal Center and School, or any other government agency. This Handbook is also available in electronic format from the CLAMO website at https://www.jagcnet.army.mil/. CLAMO also provides lessons learned from domestic operations and other resources on its Domestic Operations portal on the CLAMO website. The continued vitality of this publication depends upon feedback from the field. Accordingly, CLAMO encourages your suggestions, comments, and work products for incorporation into the next edition of this Handbook. You may contact CLAMO at (434) 971-3248/3210 (COMM), 521-3248/3210 (DSN), via email at [email protected], or via regular mail at 600 Massie Road, Charlottesville, Virginia 22903-1781. Domestic Operational Law Handbook 2013 TABLE OF CONTENTS CHAPTER 1: OVERVIEW OF DOMESTIC SUPPORT OPERATIONS ......................................................................................... 1 A. BACKGROUND ..................................................................................................................................................... 1 B. PURPOSE OF THIS HANDBOOK ............................................................................................................................. 2 C. DOD’S ROLE IN CIVIL SUPPORT .......................................................................................................................... 3 D. DEFENSE SUPPORT OF CIVIL AUTHORITIES (DSCA) ........................................................................................... 4 E. HANDBOOK ORGANIZATION ............................................................................................................................... 5 CHAPTER 2: NATIONAL FRAMEWORK FOR INCIDENT MANAGEMENT ............................................................................... 7 A. THE FEDERAL RESPONSE STRUCTURE .................................................................................................................. 8 1. E.O. 12656................................................................................................................................................... 8 2. THE HOMELAND SECURITY ACT .................................................................................................................. 9 3. HOMELAND SECURITY PRESIDENTIAL DIRECTIVE 5 (MANAGEMENT OF DOMESTIC INCIDENTS) ............... 10 4. PRESIDENTIAL POLICY DIRECTIVE 8 .......................................................................................................... 12 5. PPD-8 AND THE NATIONAL PREPAREDNESS SYSTEM (NPS) ...................................................................... 12 6. NATIONAL RESPONSE FRAMEWORK .......................................................................................................... 13 7. NATIONAL PREVENTION FRAMEWORK....................................................................................................... 22 8. NATIONAL MITIGATION FRAMEWORK ....................................................................................................... 23 9. NATIONAL DISASTER RECOVERY FRAMEWORK ......................................................................................... 24 10. NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) .............................................................................. 25 11. OTHER SIGNIFICANT RESPONSE PLANS AND AUTHORITIES RELATED TO NPS ........................................... 26 B. THE STAFFORD ACT .......................................................................................................................................... 29 1. REQUESTS FOR EMERGENCY OR MAJOR DISASTER DECLARATIONS .......................................................... 31 2. LIABILITY UNDER THE STAFFORD ACT ...................................................................................................... 34 3. INTERPLAY BETWEEN THE STAFFORD ACT AND NPS ................................................................................ 34 C. IMMEDIATE RESPONSE AUTHORITY .................................................................................................................. 35 1. FEDERAL MILITARY COMMANDERS ........................................................................................................... 35 2. STATE GOVERNORS ................................................................................................................................... 36 D. CONCLUSION ..................................................................................................................................................... 36 CHAPTER 3: STATUS AND RELATIONSHIPS BETWEEN
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