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Domestic Operational Law Handbook for Judge DOMESTIC OPERATIONAL LAW 2015 Handbook for Judge Advocates The Judge Advocate General’s Legal Center and School U.S. Army Center for Law and Military Operations (CLAMO) Charlottesville, Virginia 22903-1781 DOMESTIC OPERATIONAL LAW HANDBOOK 2015 FOR JUDGE ADVOCATES CENTER FOR LAW AND MILITARY OPERATIONS 2015 DOMESTIC OPERATIONAL LAW HANDBOOK A PRACTITIONER’S GUIDE FOR JUDGE ADVOCATES EDITORS LCDR Bryan Blackmore, USCG LCDR Stan Fields, USCG 2015 CONTRIBUTORS COL Michael Noyes LTC Richard Sudder CDR David Sherry Lt Col Marc Koblentz MAJ Ben Currier MAJ Stephen Faherty MAJ George Burnett MAJ Robert Kavanaugh LTC Joseph Fairfield MAJ Matthew Lund MAJ Patrick Walsh MAJ Jessica Farrell MAJ Jose Gonzalez-Rodriguez MAJ Mark Gardner Mr. Dan Bertsch LT James Zoll Capt James Burkart Capt Dean Korsak 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. 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. 778178 - Hurricane Sandy Sailors assigned to the amphibious assault ship USS Wasp (LHD 1) carry dewatering equipment to the Rockaway Water Pollution Control Plant. Wasp, USS San Antonio (LPD 17) and USS Carter Hall (LSD 50) are positioned in New York Harbor to provide support to areas affected by Hurricane Sandy. (U.S Navy photo by Mass Communication Specialist 3rd Class Patrick Ratcliff/Released). Date Taken: 11/05/2012. Date Posted: 11/08/2012; VIRIN: 121105-N-RA981- 005. 1201507 – Oso, WA, mudslide Members of the Washington Air National Guard wade through mud and debris looking for signs of missing persons. More than 70 guardsman have been activated to help with search and rescue efforts due to the mudslide Saturday in Oso.(Photo by Spc. Matthew Sissel, 122D PAOC). Date Taken: 3/27/2014. Date Posted: 3/27/2014; VIRIN: 140327- Z-RI264-008. 1007538 – Utah Wildfires A U.S. Army UH-60 Black Hawk helicopter attached to the 2nd Battalion, 211th Aviation Regiment, Utah Army National Guard drops water on a wildfire in Summit County, Utah, Aug. 15, 2013. (U.S. Army National Guard photo by Ileen Kennedy/Released). Date Taken: 8/15/2013. Date Posted: 8/30/2013; VIRIN: 130815-Z-KC166-304. 779935 - Hurricane Sandy Two Coast Guard Dolphin HH-65C Helicopter's land, Nov. 2, 2012 aboard the amphibious assault ship USS Wasp (LHD 1). The U.S. Navy has positioned forces in the area to assist U.S. Northern Command (NORTHCOM) in support of FEMA and local civil authorities following the destruction caused by Hurricane Sandy. (U.S. Navy photo by Mass Communication Specialist 2nd Class Terah L. Mollise/Released). Date Taken: 11/02/2012. Date Posted: 11/09/2012; VIRIN: 121102-N-GZ984-271. 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), many 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 change and adapt. 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 2015 TABLE OF CONTENTS PREFACE……..……………………………………………………………………………………...vii 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) ................................................................5 E. HANDBOOK ORGANIZATION ....................................................................................................6 CHAPTER 2: NATIONAL FRAMEWORK FOR INCIDENT MANAGEMENT ..................................................7 A. THE FEDERAL RESPONSE STRUCTURE ......................................................................................8 1. E.O. 12656 ........................................................................................................................8 2. THE HOMELAND SECURITY ACT ......................................................................................10 3. HOMELAND SECURITY PRESIDENTIAL DIRECTIVE 5 (MANAGEMENT OF DOMESTIC INCIDENTS) ......................................................................................................................11 4. PRESIDENTIAL POLICY DIRECTIVE 8 ................................................................................12 5. PPD-8 AND THE NATIONAL PREPAREDNESS SYSTEM (NPS) ............................................13 6. NATIONAL RESPONSE FRAMEWORK.................................................................................13 7. NATIONAL PREVENTION FRAMEWORK .............................................................................26 8. NATIONAL MITIGATION FRAMEWORK .............................................................................26 9. NATIONAL DISASTER RECOVERY FRAMEWORK ...............................................................27 10. NATIONAL PROTECTION FRAMEWORK .............................................................................28 11. NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) ....................................................29 12. OTHER SIGNIFICANT RESPONSE PLANS AND AUTHORITIES RELATED TO NPS .................30 B. THE STAFFORD ACT ...............................................................................................................33 1. REQUESTS FOR EMERGENCY OR MAJOR DISASTER DECLARATIONS ................................36 2. LIABILITY UNDER THE STAFFORD ACT.............................................................................38 3. CATEGORIES OF AGENCY SUPPORT UNDER THE STAFFORD ACT .....................................38 4. INTERPLAY BETWEEN THE STAFFORD ACT AND NPS ......................................................39 C. IMMEDIATE RESPONSE AUTHORITY .......................................................................................40 1. FEDERAL MILITARY COMMANDERS .................................................................................40 2. STATE GOVERNORS .........................................................................................................40 D. CONCLUSION ..........................................................................................................................41 CHAPTER 3: STATUS AND RELATIONSHIPS BETWEEN COMPONENTS RESPONDING TO DOMESTIC INCIDENTS ....................................................................................................................................43
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