Appendix G THE FEDERAL RESPONSE PLAN AND TERRORISM INCIDENT ANNEX The Federal Response Plan—the mechanism by which FEMA coordinates federal disaster relief support to states and localities—and its Terrorism Incident Annex, provide the context and framework for DoD and Army roles in responses to WMD terrorism.1 These documents establish the roles, responsibilities and relationships of various federal players in responding to a catastrophic terrorist incident. The Terrorism Incident Annex envisions a possible flow from “crisis management” activities to “consequence management” activities in acts of WMD terrorism (see Figure G.1). • Crisis management is defined by the FBI as “measures to identify, acquire, and plan the use of resources needed to anticipate, prevent, and/or resolve a threat or act of terrorism.” • Consequence Management is defined by FEMA as “measures to protect public health and safety, restore essential government services, and provide emergency relief to governments, businesses, and individuals affected by the consequences of terrorism.” As suggested by the figure, the annex also envisions the possibility that crisis and consequence management may operate concurrently. ______________ 1 For radiological incidents, including radiological sabotage and terrorism, the Federal Radiological Emergency Response Plan (FRERP) Operational Plan (FEMA, 2000b) is also relevant. 257 Preparing the U.S. Army for Homeland Security Law enforcement Threat assessment and consultation nt me ge na Ma WMD technical support ce en u eq ns Co Cr isis Ma na ge me nt 258 Follow-on assets to support the response to consequences on lives and property Figure G.1—Relationship Between Crisis and Consequence Management Crisis Management Another government document reaffirmed the FBI’s federal lead responsibility for crisis management in responses to threats or acts of terrorism that take place within U.S. territory or in international waters and that do not involve the flag vessel of a foreign country.2 Consequence Management The Robert T. Stafford Act “provide[s] an orderly and continuing means of assistance by the Federal Government to state and local ______________ 2 An unclassified FEMA abstract (1996) on a Presidential Decision Directive specifies the FBI’s leadership role in crisis management activities. The FBI also has a WMD Incident Contingency Plan. The Federal Response Plan and Terrorism Incident Annex 259 governments in carrying out their responsibilities to alleviate the suffering and damage which result” from emergencies and major disasters.3 The Act does this by specifying mechanisms for the federal government to provide to states and localities assistance in planning, training and equipment, warning information, technical assistance, and other types of federal support prior to and during catastrophic incidents. The Act also defines the roles of the state and federal coordinating officers and other key elements of the response system. These documents recognize the preeminent local and state role in disaster relief. For example, presidential declarations of major disasters and emergencies are premised on a governor’s request for federal assistance, and federal responders are in a supporting role to local and state disaster officials. As a FEMA official put it: From its earliest beginnings, the United States has operated on two fundamental principles. The first is that State and local governments have the primary responsibility for disaster assistance. The second is that the Federal Government is responsible for the collective defense or national security of the respective states. (Goss, 1997.) The Terrorism Incident Annex. The Terrorism Incident Annex was mandated by PDD 39, and aimed to provide additional guidance beyond the FRP that would improve the nation’s “ability to respond rapidly and decisively to terrorism directed against Americans wherever it occurs, arrest or defeat the perpetrators using all appropriate instruments against the sponsoring organizations and governments, and provide recovery relief to victims, as permitted by law.” The Federal Response Plan (FRP). More broadly, the FRP provides the framework for federal responses to disasters and emergencies. 4 ______________ 3 The existence of an emergency or major disaster is a presidential determination (Robert T. Stafford Act, 2000). 4 According to FEMA (1999a): The FRP concepts apply to a major disaster or emergency as defined under the Stafford Act, which includes a natural catastrophe; fire, flood, or explosion regardless of cause; or any other occasion or instance for which the President determines that Federal assistance is needed to supplement State and local efforts and capabilities. Throughout the FRP, any reference to a disaster, major disaster, or 260 Preparing the U.S. Army for Homeland Security The FRP consists of 12 Emergency Support Functions (ESFs), and, as shown in Table G.1, the Army plays a prominent role in DoD’s support to the FRP: • For Public Works (ESF 3)—and the only ESF for which the DoD is responsible agency—the U.S. Army Corps of Engineers is the DoD point of contact (POC). • The Army Corps of Engineers also is DoD POC for Energy (ESF 12), for which DOE is the responsible agency. • The Director of Military Support (DOMS)—the Secretary of the Army’s action agent for planning and executing DoD’s Support Mission to civilian authorities in the United States—is DoD POC for two ESFs: Information and Planning (ESF 5), and Urban Search and Rescue (ESF 9). Table G.1 The FRP and DoD POCs ESFs Transportation Communications Public Works and Engineering Fire-Fighting Information and Planning Mass Care Resource Support Health/Medical Services Urban Search and Rescue Hazardous Materials Food Energy Responsible Agency DOT NCS DoD USDA FEMA Red Cross GSA HHS FEMAa EPA USDA DOE DoD POC CINCTRANS OASD (C3I) USACE FORSCOM DOMS DLA DLA FORSCOM DOMS Navy, SUPV SALV DLA USACE SOURCE: FEMA, 1999b. a We understand that DoD previously was responsible agency for Urban Search and Rescue. _____________________________________________________________ emergency generally means a presidentially declared major disaster or emergency under the Stafford Act. The Federal Response Plan and Terrorism Incident Annex 261 • By comparison, the only other service that is a DoD POC for an ESF is the Navy, for Hazardous Materials (ESF 10). Although the foregoing covers the most obvious supporting Army roles, CINCTRANS, FORSCOM, and the Defense Logistics Agency (DLA), also can call on Army assets for DoD’s support to other ESFs: transportation, fire-fighting, mass care, resource support, health/medical services, and food.