September 4, 2005 /

A Look at the Government's Responsibility

Today I found the National Response Plan (NRP) for the Department of Homeland Security, which was put into effect December 2004. The most pertinent part of this document lies with in the last part under a section called the Catastrophic Incidents Annex (NRP-CIA). Now I would like to quote some significant aspects of this document. […]

Today I found the National Response Plan (NRP) for the Department of Homeland
Security, which was put into effect December 2004.

The most pertinent part of this document lies with in the last part under a
section called the Catastrophic Incidents Annex (NRP-CIA). Now I would like to
quote some significant aspects of this document.

First is the definition of what is covered under this document:

A catastrophic incident, as defined by the NRP, is any natural or manmade
incident, including terrorism, that results in extraordinary levels of mass
casualties, damage, or disruption severely affecting the population,
infrastructure, environment, economy, national morale, and/or government
functions. A catastrophic incident could result in sustained national
impacts over a prolonged period of time; almost immediately exceeds
resources normally available to State, local, tribal, and private-sector
authorities in the impacted area; and significantly interrupts governmental
operations and emergency services to such an extent that national security
could be threatened. All catastrophic incidents are Incidents of National
Significance. These factors drive the urgency for coordinated national
planning to ensure accelerated Federal/national assistance.

That pretty much describes what has happened in the Gulf Coast, but what does
it do? Here’s the list of what it is suppose to supply one or more of.

  • Mass Care, Housing, and Human Services (ESF #6): The ability to
    provide temporary shelter, food, emergency first aid, clothing, and other
    essential life support to people may be complicated by contaminated
    resources or facilities.
  • Urban Search and Rescue (ESF #9): Resources and personnel to
    perform operational activities (e.g., locating, extricating, and providing
    onsite medical treatment to victims trapped in collapsed structures) are
    limited. If search and rescue operations are required in areas of
    contamination, the limited availability of properly equipped resources
    supports or underscores the need for prompt Federal response
  • Decontamination (ESFs #8 and #10): Incidents involving a weapon
    of mass destruction (WMD) may require decontamination of casualties,
    evacuees, animals, equipment, buildings, critical infrastructure, and other
    areas. Given the potentially large numbers of casualties and evacuees,
    resulting decontamination requirements may quickly outstrip local and State
    capabilities.
  • Public Health and Medical Support (ESF #8): There is a
    significant need for public health and medical support, including mental
    health services. Medical support is required not only at medical facilities,
    but at casualty evacuation points, evacuee and refugee points and shelters,
    and at other locations to support field operations. In addition, any
    contamination requirement increases the requirement for technical
    assistance.
  • Medical Equipment and Supplies (ESF #8): Shortages of available
    supplies of preventive and therapeutic pharmaceuticals and qualified medical
    personnel to administer available prophylaxis are likely. Timely
    distribution of prophylaxis may forestall additional illnesses, and reduce
    the impact of disease among those already exposed.
  • Casualty and Fatality Management and Transportation (ESF #8):
    Federal resources may be required to manage the transportation and storage
    of deceased, injured, and exposed victims if their numbers are extremely
    high. In addition, the immense numbers of casualties are likely to overwhelm
    the bed capacities of local and State medical facilities.
  • Public Information (ESF #15): When State and local public
    communications channels are overwhelmed during a catastrophic incident, the
    Federal Government must immediately provide December 2004 Catastrophic
    Incident Annex CAT-3 National Response Plan resources to assist in
    delivering clear and coherent public information guidance and consistent
    messages to the affected areas.

Now an interesting part comes up under the section Concept of Operations:

Upon recognition that a catastrophic incident condition (e.g., involving
mass casualties and/or mass evacuation) exists, the Secretary of Homeland
Security immediately designates the event an Incident of National
Significance and begins, potentially in advance of a formal Presidential
disaster declaration, implementation

Mass Evacuations were being called for starting on Saturday. Under this very
document, the federal government should of already sprung into action.

Another argument the government is trying in its defense is saying that the
help was not asked for. I have found this argument to be, well silly. Under this
same annex, it states that:

Standard procedures outlined in the NRP regarding requests for assistance
may be expedited or, under extreme circumstances, temporarily suspended in
the immediate aftermath of an incident of catastrophic magnitude, pursuant
to existing law;

As I reported yesterday, New Mexico offered Guard troops to Louisiana on
Sunday of last week. The help was accepted, but Washington held up the paperwork
until Thursday (see article

here
). Under this annex, that delay should not of occurred.

In the event that State and local police forces (including the National
Guard operating under State control) are unable to adequately respond to a
civil disturbance or other serious law enforcement emergency, the State
legislature (or the Governor if the legislature cannot be convened) may
request, through the Attorney General, Federal military assistance under 10
U.S.C. Chapter 15. The President may also use the military in a state to
enforce Federal law or to protect constitutional rights. Pursuant to 10
U.S.C. 331-334, the President will ultimately determine whether to use the
Armed Forces to respond to a law enforcement emergency. Under Title 10
authority, the President may federalize and deploy all or part of any
State’s National Guard.
Procedures for coordinating Department of
Defense (DOD) and Department of Justice (DOJ) responses to law enforcement
emergencies arising under 10 U.S.C. 331-334 are set forth in the DOD Civil
Disturbance Plan, February 15, 1991.

This part comes up in Emergency Support Function #13 (ESF13). Once the
President knew that the order was not being kept, he had the authority to call
up any national gaurd under United States code.

10 U.S.C. 332
is of particular interest in this situation. It states:

Whenever the President considers that unlawful obstructions,
combinations, or assemblages, or rebellion against the authority of the
United States, make it impracticable to enforce the laws of the United
States in any State or Territory by the ordinary course of judicial
proceedings, he may call into Federal service such of the militia of any
State, and use such of the armed forces, as he considers necessary to
enforce those laws or to suppress the rebellion.

This here says that the President did have the authority to immediately call
into action the National Guard from any states to help secure the town.

This is just a scratch on the surface of noticed failures on the federal
governments part in the catastrophe that bestowed the Gulf Coast region. As I
find more, I will write about them so that everyone can be made aware of the
failures our government has suffered this week. If the failures are not known
then the corrective action will never be known.

To read the
NRP, go
here.

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