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Federal Emergency Management Agency
Federal Response Plan
TERRORISM
INCIDENT ANNEX=20
Federal Emergency Management Agency
Federal Response Plan
Notice of Change
=20
Date:=20
February 7, 1997 Number:
FEMA 229, Chg 11 Subject:
Terrorism =20
Purpose. This notice of change adds a Terrorism Incident Annex to the =
Federal Response (FRP), which will be used to implement Presidential =
Decision Directive 39 (PDD-39).
Background. PDD-39 defines policies regarding the Federal response to =
threats or acts of terrorism involving nuclear, biological, and/or =
chemical material, and/or weapons of mass destruction (NBC/WMD). PDD-39 =
directs the undersigned departments and agencies to perform specific =
responsibilities that may affect the performance of their =
responsibilities under the FRP.
Suppression. F.E.M.A.(eyes only)
Action Required. Insert pages TI-1 through TI-22 after page CR-22.
Distribution. All Federal departments and agencies with FRP =
responsibilities.
Additional Copies. May be obtained by contacting FEMA Printing and =
Publications at=20
(202) 646-3484.
Robert M. Walker
Assistant Secretary of the Army
(Installations, Logistics, and Environment)=20
Department of Defense
Philip R. Lee, M.D.=20
Assistant Secretary for Health=20
Department of Health and Human Services
Robert M. Bryant
Assistant Director
National Security Division
Federal Bureau of Investigation
Joan Rohlfing
Director
Office of Non-Proliferation and National
Security
Department of Energy=20
Elliott P. Laws
Assistant Administrator
Office of Solid Waste and Emergency Response
Environmental Protection Agency
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
Federal Emergency Management Agency
=20
=20
TERRORISM
INCIDENT ANNEX
I. INTRODUCTION
In June 1995, the White House issued Presidential Decision Directive 39 =
(PDD-39). "United States Policy on Counterterrorism." PDD-39 directed a =
number of measures to reduce the Nation's vulnerability to terrorism, to =
deter and respond to terrorist acts, and to strengthen capabilities to =
prevent and manage the consequences of terrorist use of nuclear, =
biological, and chemical (NBC) weapons including weapons of mass =
destruction (WMD). PDD-39 discusses crisis management and consequence =
management.
Crisis management includes measures to identify, acquire, and plan the =
use of resources needed to anticipate, prevent, and/or resolve a threat =
or act of terrorism. The laws of the United States assign primary =
authority to the Federal Government to prevent and respond to acts of =
terrorism; State and local governments provide assistance as required. =
Crisis management is predominantly a law enforcement response. Based on =
the situation, a Federal crisis management response may be supported by =
technical operations, and by Federal consequence management, which may =
operate concurrently (see Figure 1).
Consequence management includes 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. The laws of the United States assign primary =
authority to the States to respond to the consequences of terrorism; the =
Federal Government provides assistance as required.
=0C
source: DHHS-PHS/FEMA
Figure 1 - Relationship between Crisis and Consequence management
A. Purpose
The purpose of this Terrorism Incident Annex, hereafter referred to as =
the Annex, is to describe the Federal concept of operations to implement =
PDD-39, when necessary, to respond to terrorist incidents within the =
United States. The Annex:
1. Describes crisis management Guidance is provided in other Federal =
plans.
2. Defines the policies and structures to coordinate crisis management =
with consequence management
3. Defines consequence management, which uses Federal Response Plan =
(FRP) structures, supplemented as necessary by structures that are =
normally activated through other Federal plans.
B. Scope
1. The Annex applies to all threats or acts of terrorism within the =
United States that the White House determines require a Federal =
response.
2. The Annex applies to all federal departments and agencies that may be =
directed to respond to a threat or act of terrorism within the United =
States.
3. The Annex builds upon FRP concepts and procedures by addressing =
unique policies, assumptions, structures, responsibilities, and actions =
that will be applied for consequence management as necessary.
II. POLICIES
Lead Agency Responsibilities. PDD-39 validates and reaffirms existing =
Federal Lead Agency responsibilities for counterterrorism, which are =
assigned to the Department of Justice as delegated to the Federal Bureau =
of investigation (FBI), for threats or acts of terrorism within the =
United States. It is FBI policy that crisis management will involve only =
those Federal agencies requested by the FBI to provide expert guidance =
and/or assistance, as described in the PDD-39 Domestic Guidelines =
(classified) and FBI Incident Contingency Plans (classified).
Consequence Management. PDD-39 states that the Federal Emergency =
Management Agency (FEMA) shall ensure that the FRP is adequate to =
respond to the consequences of terrorism. FEMA, with the support of all =
agencies in the FRP, shall act in support of the FBI in Washington, DC, =
and on the scene of the crisis, until such time as the Attorney General =
shall transfer the Lead Agency role to FEMA (see Figure 2). FEMA retains =
responsibility for consequence management throughout the Federal =
response, and acts in support of the FBI as appropriate, until the =
Attorney General, in consultation with the FBI Director and the FEMA =
Director, determines that such support is no longer required. It is FEMA =
policy to use FRP structures to coordinate all Federal assistance to =
State and local governments for consequence management.
=0C
Figure 2 - Relationship Among Federal Agencies Under PDD-39
Costs. PDD-39 states that Federal agencies directed to participate in =
the resolution of terrorist incidents or conduct of counterterrorist =
operations shall bear the costs of their own participation, unless =
otherwise directed by the President.
III. SITUATION
A. Conditions
1. A general concern or actual threat of an act of terrorism occurring =
at or during a special event within the United States may cause the =
President to direct Federal agencies to implement precautionary measures =
which may include some of the consequence management actions described =
in this Annex. When directed, FEMA will coordinate with the FBI and the =
affected State to identify potential consequence management requirements =
and with Federal consequence management agencies to implement increased =
readiness operations.
2. A significant threat or act of terrorism may cause the FBI to respond =
and to implement a crisis management response as described in this =
Annex. FBI requests for assistance from other Federal agencies will be =
coordinated through the Attorney General and the President with =
coordination of NSC groups as warranted. During the course of a crisis =
management response, consequences may become imminent or occur that =
cause the President to direct FEMA to implement a consequence management =
response as described in this Annex.
3. The occurrence of an incident without warning that produces major =
consequences involving NBC/WMD may cause the President to direct FEMA to =
implement a consequence management response as described in this Annex.
=0CB. Planning Assumptions
No single agency at the local, State, Federal or private level possesses =
the authority and the expertise to act unilaterally on many difficult =
issues that may arise in response to threats or acts of terrorism, =
particularly if NBC/WMD are involved.1
An act of terrorism, particularly an act directed against a large =
population center within the United States involving NBC/wMD, may =
produce major consequences that would overwhelm the capabilities of many =
local and State governments almost immediately. Major consequences =
involving NBC/WMD may overwhelm existing Federal capabilities as well.
Local, State, and Federal responders may define working perimeters-that =
may overlap to some degree. Perimeters may be used to control access to =
the area, target public information messages, assign operational sectors =
among responding organizations, and assess potential effects on the =
population and the environment. Control of these perimeters may be =
enforced by different authorities, which may impede the overall response =
if adequate coordination is not established.
If protective capabilities are not available, responders cannot be =
required to put their own lives at risk in order to enter a perimeter =
contaminated with NBC material. It is possible that the perimeter will =
be closed until the effects of the NBC material have degraded to levels =
that are safe for first responders.
This Annex may be implemented in situations involving major consequences =
in a single State or multiple States. The FBI will establish =
coordination relationships among FBI Field Offices and with Federal =
agencies supporting crisis management, including FEMA, based on the =
locations involved.2
This Annex may be implemented in situations that also involve =
consequences in neighboring nations.
IV. CONCEPT OF OPERATIONS
A. Crisis Management
(FBI, National Security Division, Domestic Terrorism/Counterterrorism =
Planning Section)
PDD-39 reaffirms the FBI's Federal lead responsibility for crisis =
management response to threats or acts of terrorism that take place =
within United States terrorism or in international waters and do not =
involve the flag vessel of a foreign country. The FBI provides a =
graduated flexible response to a range of incidents, including:
A credible threat, which may be presented in verbal, written, =
intelligence-based or other form.
An act of terrorism which exceeds the local FBI field division =
capability to resolve.
The confirmed presence of an explosive device or WMD capable of causing =
a significant destructive event, prior to actual injury or property loss =
(e.g. a "significant threat").
The detonation of an explosive device, utilization of a WMD, or other =
destructive event, with or without warning, that results in limited =
injury or death (e.g., "limited consequences/State and local consequence =
management response").
The detonation of an explosive device, utilization of a WMD, or other =
destructive event, with or without warning, that results in substantial =
injury or death (e.g., "major consequences/Federal consequence =
management response").
In response to a credible threat involving NBC/WMD, the FBI initiates a =
threat assessment process that involves close coordination with Federal =
agencies with technical expertise, in order to determine the viability =
of the threat from a technical, as well as tactical and behavioral =
standpoint.
The FBI provides the initial notification to law enforcement authorities =
within the affected State of a threat or occurrence that the FBI =
confirms as an act of terrorism. If warranted, the FBI implements an FBI =
response and simultaneously advises the Attorney General, who notifies =
the President and NSC groups as warranted, that a Federal crisis =
management response is required. If a Federal crisis management response =
is authorized, the FBI activates multi-agency crisis management =
structures at FBI Headquarters, the responsible FBI Field Office, and at =
the incident site (see Figure 3). (The FBI provides guidance on the =
crisis management response in the FBI Nuclear Incident Contingency Plan =
(classified) and the FBI Chemical/Biological Incident Contingency Plan =
(classified)).
Figure 3 - Multi-Agency Crisis Management Structures
If the threat involves NBC/WMD, the FBI Director may recommend to the =
Attorney General, who notifies the President and NSC groups as =
warranted, to deploy a Domestic Emergency Support Team (DEST). The =
mission of the DEST is to provide expert advice and assistance to the =
FBI On-Scene Commander (OSC) related to the capabilities of the DEST =
agencies and to coordinate follow-on response assets. When deployed, the =
DEST merges into the existing Joint Operations Center (JOC) structure. =
(Authorization and coordination procedures and the interagency =
organizational structure for the DEST are outlined in the PDD-39 =
Domestic Guidelines (classified)).
During crisis management, the FBI coordinates closely with local law =
enforcement authorities to provide a successful law enforcement =
resolution to the incident. The FBI also coordinates with other Federal =
authorities, including FEMA. The FBI Field Office responsible for the =
incident site modifies its Command Post to function as a JOC. The JOC =
structure includes the following standard groups: Command, Operations, =
Support, and Consequence Management. Representation within the JOC =
includes some Federal, State, and local agencies with roles in =
consequence management. FEMA notifies Federal, State and local =
consequence management agencies selected by the FBI OSC to request that =
they deploy representatives to the JOC. Selected Federal, State and =
local consequence management agencies may be requested to serve in the =
JOC Command Group, the JOC Support Group/Media component, and the JOC =
Consequence Management Group (see Figure 4, shaded boxes).
Figure 4 - FBI Joint Operations Center Structure
A FEMA representative coordinates the actions of the JOC Consequence =
Management Group, expedites activation of a Federal consequence =
management response should it become necessary, and works with an FBI =
representative who serves as the liaison between the Consequence =
Management Group and the FBI OSC. The JOC Consequence Management Group =
monitors the crisis management response in order to advise on decisions =
that may have implications for consequence management, and to provide =
continuity should a Federal consequence management response become =
necessary.
B. Consequence Management
Pre-Incident
The FBI may notify Federal agencies, including FEMA, of a significant =
threat of an act of terrorism. Federal agencies requested by the FBI, =
including FEMA, will deploy a representative(s) to the FBI Headquarters =
Strategic Information Operations Center (SIOC). Based on the =
circumstances, FEMA Headquarters and the responsible FEMA Region(s) may =
implement a standard procedure to alert involved FEMA officials and =
Federal agencies supporting consequence management. FEMA and other =
Federal agencies requested by the FBI OSC will deploy representatives to =
the JOC(s) being established by the responsible FBI Field Office(s).3 =
Representatives may include a senior official to serve in the JOC =
Command Group, in order to assist the FBI OSC and to provide continuity =
in leadership should a Federal consequence management response be =
required.
Issues arising from the response that affect multiple agency authorities =
and areas of expertise will be discussed by the FBI OSC and the other =
members of the JOC Command Group, who are all working in consultation =
with other local, State and Federal representatives. While the FBI OSC =
retains authority to make Federal crisis management decisions at all =
times, operational decisions are made cooperatively to the greatest =
extent possible. The FBI OSC and the senior FEMA official will provide, =
or obtain from higher authority, an immediate resolution of conflicts in =
priorities for allocation of critical Federal resources (such as airlift =
or technical operations assets) between the crisis management and the =
consequence management response.
The JOC Command Group plays an important role in ensuring coordination =
of Federal crisis management and consequence management actions. =
Coordination will also be achieved through the exchange of operational =
reports on the incident. Because reports prepared by the FBI are "law =
enforcement sensitive," FEMA representatives with access to the reports =
will review them, according to standard procedure, in order to identify =
and forward information to Emergency Support Function (ESF) #5 that may =
affect operational priorities and action plans for consequence =
management.
=0C
Figure 5 - Pre-Incident Consequence Management
As a situation progresses, consequences may become imminent. FEMA will =
consult immediately with the White House and the Governor's office in =
order to determine if FEMA is directed to use authorities of the Robert =
T. Stafford Disaster Relief and Emergency Assistance (Stafford) Act to =
mission-assign Federal consequence management agencies to pre-deploy =
assets, in order to lessen or avert the threat of a catastrophe. These =
actions will involve appropriate notification and coordination with the =
FBI, as the overall Federal Lead Agency for counterterrorism. FEMA =
Headquarters may activate an Emergency Support Team (EST), may convene =
an executive-level meeting of the Catastrophic Disaster Response Group =
(CDRG), and may place an Emergency Response Team - National (ERT-N) on =
alert.4 When FEMA activates the EST, FEMA will notify FBI Headquarters =
to request a liaison. The responsible FEMA Region(s) may activate a =
Regional Operations Center (ROC) and deploy a representative(s) to the =
affected State(s) (see Figure 5). When the responsible FEMA Region(s) =
activate a ROC, the Region(s) will notify the responsible FBI Field =
Office(s) to request a liaison.
Trans-Incident
(Situations involving a transition from a threat to an act of =
terrorism).
If consequences become imminent or occur that cause the President to =
direct FEMA to implement a Federal consequence management response, then =
FEMA will initiate procedures to activate additional FRP structures (the =
EST, the CDRG, the ROC, and a Disaster Field Office (DFO) if necessary). =
Federal, State and local consequence management agencies will begin to =
disengage from the JOC (see Figure 6). The senior FEMA official and =
liaisons will remain at the JOC until the FBI and FEMA agree that a =
liaison presence is no longer required. FEMA will establish Joint =
Information Centers (JICs) in the field and Washington, DC, to serve as =
the primary Federal information centers on the consequence management =
response for the media, members of Congress, and foreign governments. =
FEMA JICs will establish coordination with the FBI Media component in =
the field and the FBI Headquarters National Press Office, which serve as =
the primary Federal information centers on the crisis management =
response.
Figure 6 - Trans-Incident Consequence Management
Post-Incident
(Situations without warning).
If an incident occurs without warning that produces major consequences =
and appears to be caused by an act of terrorism, then FEMA and the FBI =
will initiate consequence management and crisis management actions =
concurrently. FEMA will consult immediately with the White House and the =
Governor's office to determine if a Federal consequence management =
response is required. If the President directs FEMA to implement a =
Federal consequence management response, then FEMA will implement =
portions of this Annex and other FRP annexes as required. FEMA will =
support the FBI as required and will lead a concurrent Federal =
consequence management response.
During the consequence management response, the FBI provides a liaison =
to either the ROC Director or the Federal Coordinating Officer (FCO) in =
the field, and a liaison to the EST Director at FEMA Headquarters (see =
Figure 7). Issues arising from the response that affect multiple agency =
authorities and areas of expertise will be discussed by the ROC Director =
or FCO, in consultation with the FBI liaison, the on-scene =
decisionmakers of the Federal agencies supporting the technical =
operation, and the ESF Leaders, who are all working in consultation with =
local, State and other Federal representatives. While the ROC Director =
or FCO retains authority to make Federal consequence management =
decisions at all times, operational decisions are made cooperatively to =
the greatest extent possible. Meetings will continue to be scheduled =
until the FBI and FEMA agree that coordination is no longer required. =
Operational reports will continue to be exchanged, as described in the =
pre-incident phase. The FBI liaisons will remain at the EST and the ROC =
or DFO until FEMA and the FBI agree that a liaison presence is no longer =
required.
Figure 7 - Post-Incident Consequence Management
Disengagement
If an act of terrorism does not occur, then the consequence management =
response disengages when the FEMA Director, in consultation with the FBI =
Director, directs FEMA Headquarters and the responsible Region(s) to =
issue a cancellation notification by standard procedure to appropriate =
FEMA officials and FRP agencies. FRP agencies disengage according to =
standard procedure.
If an act of terrorism occurs that results in major consequences, then =
each FRP structure (the EST, the CDRG, the ROC, and the DFO if =
necessary) disengages at the appropriate time according to standard =
procedures. Following FRP disengagement, operations by individual =
Federal agencies or by multiple Federal agencies under other Federal =
plans may continue, in order to support the affected State and local =
governments with long-term hazard monitoring, environmental =
decontamination, and site restoration (clean-up).
V. RESPONSIBILITIES
A. FBI
PDD-39 clarifies and expands upon the responsibilities of the FBI as the =
Federal Lead Agency for crisis management. The FBI will:
Appoint an FBI OSC to provide leadership and direction to the Federal =
crisis management response. The FBI OSC will convene meetings with =
decisionmakers representing FEMA, the Federal agencies involved in =
technical operations, and the State (as appropriate). These meetings =
will be held in order to formulate incident action plans, define =
priorities, review status, resolve conflicts, identify issues that =
require decisions from higher authorities, and evaluate the need for =
additional resources.
Issue and track the status of crisis management actions assigned to =
Federal agencies. A common system should be used by the FBI and FEMA, in =
order to provide a capability to control, prioritize, and deconflict =
taskings to Federal agencies, several of which support crisis management =
and consequence management.
Establish the primary Federal operations centers for crisis management =
in the field and Washington, DC.
Establish the primary Federal centers for information on the crisis =
management response for the media, members of Congress, and foreign =
governments in the field and Washington, DC.
Designate appropriate liaison and advisory personnel to support FEMA.
Determine when a threat of an act of terrorism warrants consultation =
with the White House.
Advise the White House, through the Attorney General, when the FBI =
requires assistance for a Federal crisis management response, in =
accordance with the PDD-39 Domestic Guidelines.
Coordinate the Federal crisis management response with the lead State =
and local crisis management agencies.
B. FEMA
PDD-39 clarifies and expands upon the responsibilities of FEMA as the =
Federal Lead Agency for consequence management. FEMA will:
Appoint a ROC Director or FCO to provide leadership and direction to the =
Federal consequence management response. The ROC Director or FCO will =
convene meetings with decisionmakers representing the FBI, the Federal =
agencies involved in technical operations, and the State (as =
appropriate). These meetings will be held in order to formulate incident =
action plans, define priorities, review status, resolve conflicts, and =
identify issues that require decisions from higher authorities, and =
evaluate the need for additional resources.
Issue and track the status of consequence management actions assigned to =
Federal agencies. A common system should be used by the FBI and FEMA, in =
order to provide a capability to control, prioritize, deconflict, and =
(as appropriate) audit and reimburse taskings to Federal agencies, =
several of which support crisis management and consequence management.
Establish the primary Federal operations centers for consequence =
management in the field and Washington, DC.
Establish the primary Federal centers for information on the consequence =
management response for the media, members of Congress, and foreign =
governments in the field and Washington, DC.
Designate appropriate liaison and advisory personnel to support the FBI.
Determine when consequences are imminent that warrant consultation with =
the White House and the Governor's office.
Consult with the White House and the Governor's office to determine if a =
Federal consequence management response is required and if FEMA is =
directed to use Stafford Act authorities. This process will involve =
appropriate notification and coordination with the FBI.
Coordinate the Federal consequence management response with the lead =
State and local consequence management agencies.
C. Federal Agencies Supporting Technical Operations
1. Department of Defense
As directed in PDD-39, the Department of Defense (DOD) will activate =
technical operations capabilities to support the Federal response to =
threats or acts of NBC/WMD terrorism. As required under the Constitution =
and laws of the United States, DOD will coordinate military operations =
within the United States with the appropriate civilian lead agency(ies) =
for the technical operations.
2. Department of Energy
As directed in PDD-39, the Department of Energy (DOE) will activate =
nuclear response capabilities to support the Federal response to threats =
or acts of nuclear/WMD terrorism. DOE may coordinate with individual =
agencies identified in the FRERP to use the structures, relationships, =
and capabilities described in the FRERP to support response operations. =
The FRERP does not require formal implementation. Under the FRERP:
The Federal OSC under the FRERP will coordinate the FRERP response with =
the FEMA official (either the senior FEMA official at the JOC, the ROC =
Director or the FCO), who is responsible under PDD-39 for on-scene =
coordination of all Federal support to State and local governments (see =
Figure 8).
The FRERP response may include onsite management, radiological =
monitoring and assessment, development of Federal protective action =
recommendations, and provision of information on the radiological =
response to the public, the White House and Members of Congress, and =
foreign governments. The Lead Federal Agency (LFA) of the FRERP will =
serve as the primary Federal source of information regarding onsite =
radiological conditions and offsite radiological effects.
The LFA/FRERP will issue taskings that draw upon funding from the =
responding FRERP agencies.
3. Department of Health and Human Services
As directed in PDD-39, the Department of Health and Human Services =
(DHHS) will activate health and medical response capabilities to support =
the Federal responses to threats or acts of NBC/WMD terrorism. DHHS may =
coordinate with individual agencies identified in the DHHS Health and =
Medical Services Support Plan for the Federal Response Acts of =
Chemical/Biological Terrorism, to use the structures, relationships, and =
capabilities described in the DHHS plan to support response operations. =
If the DHHS plan is formally implemented:
The DHHS on-scene representative will coordinate, through the ESF #8 =
Leader, the DHHS plan response with the FEMA official (either the senior =
FEMA official at the JOC, the ROC Director or the FCO), who is =
responsible under PDD-39 for on-scene coordination of all Federal =
support to State and local governments (see Figure 8).
The DHHS plan response may include threat assessment, consultation, =
agent identification, epidemiological investigation, hazard detection =
and reduction, decontamination, public health support, medical support, =
and pharmaceutical support operations.
DHHS will issue taskings that draw upon funding from the responding DHHS =
plan agencies.
4. Environmental Protection Agency
As directed in PDD-39, the Environmental Protection Agency (EPA) will =
activate environmental response capabilities to support the Federal =
response to acts of NBC/WMD terrorism. EPA may coordinate with =
individual agencies identified in the National Oil and Hazardous =
Substances Pollution Contingency Plan (NCP) to use the structures, =
relationships, and capabilities of the National Response System as =
described in the NCP to support response operations. If the NCP is =
formally implemented:
The On-Scene Coordinator under the NCP will coordinate, through the ESF =
#10 Leader, the NCP response with the FEMA official (either the senior =
FEMA official at the JOC, the ROC Director or the FCO), who is =
responsible under PDD-39 for on-scene coordination of all Federal =
support to State and local governments (see Figure 8).
The NCP response may include threat assessment, consultation, agent =
identification, hazard detection and reduction, environmental =
monitoring, decontamination, and long-term site restoration =
(environmental clean-up) operations.
Figure 8 - Relationships Among Federal Plans to Implement PDD-39
VI. FUNDING GUIDELINES
As stated in PDD-39, Federal agencies directed to participate in the =
resolution of terrorist incidents or conduct of counterterrorist =
operations bear the costs of their own participation, unless otherwise =
directed by the President. This does not preclude Federal agencies from =
reallocating funds from current agency operating budgets, accepting =
reimbursable work orders offered by other Federal agencies, and/or =
submitting requests for supplemental appropriation to the Office of =
Management and Budget for consideration.
If the President directs FEMA to use Stafford Act authorities, FEMA will =
issue mission assignments through the FRP to support consequence =
management. FEMA provides the following funding guidance to the FRP =
agencies:=0C
A. Special Events and the Stafford Act
Commitments by individual agencies to take precautionary measures in =
anticipation of special events will not be reimbursed under the Stafford =
Act unless mission-assigned by FEMA to support consequence management.
B. Crisis Management/Law Enforcement and the Stafford Act
Stafford Act authorities do not pertain to law enforcement functions. =
Law enforcement or crisis management actions will not be =
mission-assigned for reimbursement under the Stafford Act.5
VII. REFERENCES (not otherwise referenced in the FRP)
Presidential Decision Directive 39 (classified). An unclassified extract =
may be obtained from FEMA.
FBI Chemical/Biological Incident Contingency Plan (classified). An =
unclassified version may be obtained from the FBI.
FBI Nuclear Incident Contingency Plan (classified). An unclassified =
version may be obtained from the FBI.
PDD-39 Domestic Guidelines (classified).
DHHS Health and Medical Services Support Plan for the Federal Response =
to Acts of chemical/Biological Terrorism.
VIII. PRIMARY POINT OF CONTACT
Inquiries concerning this Annex should be addressed to the Federal =
Emergency Management Agency, Response and Recovery Directorate, =
Operations and Planning Division, Planning and Coordination Branch. 6, 7
FOLLOW-ON PLANNING REQUIREMENTS
1 FEMA will incorporate language into the FRP Basic Plan concerning the =
incident command system (ICS) and command structures.
2 FEMA will incorporate language into an FRP procedure and FEMA internal =
procedures for backup operations concerning support to multiple =
terrorism operations within a single State or in multiple States.
3 FEMA Headquarters will develop planning guidance for the FEMA Regions =
to incorporate language into the Regional Response Plans to explain that =
the senior FEMA official at the JOC has the authority to expedite =
activation of a Federal consequence management response. Following a =
Stafford Act declaration, Federal consequence management operations will =
transition from the JOC Consequence Management Group, supported by the =
ROC, to a DFO.
4 FEMA will incorporate language into the FRP Basic Plan concerning the =
Emergency Response Team-National.
5 FEMA will review and update language concerning Stafford Act =
declarations and mission assignments in the FRP Basic Plan, as follows:
FEMA can use limited pre-deployment authorities in advance of a Stafford =
Act declaration to "lessen or avert the threat of a catastrophe", only =
if the President expresses intent to go forward with a declaration =
(Section 201). This authority is further interpreted by Congressional =
intent, to the effect that the President must determine that assistance =
under existing Federal programs is inadequate to meet the crisis before =
FEMA may directly intervene under the Stafford Act.
The Stafford Act authorizes the President to issue "emergency" and =
"major disaster" declarations (Section 501). Emergency declarations may =
be issued in response to a Governor's request, or in response to those =
rare emergencies, including some acts of terrorism, for which the =
Federal Government is assigned in the laws of the United States the =
exclusive or preeminent responsibility and authority to respond. Major =
disaster declarations may be issued in response to a Governor's request =
for any natural catastrophe or, regardless of cause, any fire, flood or =
explosion which has caused damage of sufficient severity and magnitude, =
as determined by the President, to warrant major disaster assistance =
under the Act.
If a Stafford Act declaration is provided, funding for consequence =
management may continue to be allocated from responding department and =
agency operating budgets, the Disaster Relief Fund, and supplemental =
appropriations.
Mission assignments are reimbursable work orders issued by FEMA to =
Federal agencies directing completion of a specific task. While the =
Stafford Act states that "Federal agencies may (emphasis added) be =
reimbursed for expenditures under the Act" from the Disaster Relief Fund =
(Section 304), it is FEMA policy to reimburse Federal agencies for work =
performed under mission assignments. Mission assignments issued to =
support consequence management will follow FEMA's "Standard Operating =
Procedures for the Management of Mission Assignments (May 1994)" or =
applicable superseding documentation.
6 FEMA will update FRP Appendix A. The following acronyms and =
abbreviations used in the Annex will be incorporated:
DEST Domestic Emergency Support Team
FBI OSC FBI On-Scene Commander
JOC Joint Operations Center
NBC Nuclear, Biological, and Chemical
NSC National Security Council
PDD-39 Presidential Decision Directive 39
SIOC Strategic Information Operations Center
WMD Weapons of Mass Destruction
7 FEMA will incorporate these terms and definitions into the FRP =
Appendix B:
Biological agents are microorganisms or toxins from living organisms =
that have infectious or non-infectious properties which produce lethal =
or serious effects in plants and animals. (FBI)
Chemical agents are solids, liquids, or gases that have chemical =
properties that produce lethal or serious effects in plants and animals. =
(FBI)
Limited consequences are within State and local capabilities.
Major consequences exceed State and local capabilities, requiring a =
Federal response.
Nuclear weapons release nuclear energy in an explosive manner as the =
result of nuclear chain reactions involving fission and/or fusion of =
atomic nuclei. (DOE)
Significant threat. The confirmed presence of an explosive device or WMD =
capable of causing a significant destructive event, prior to actual =
injury property loss. (FBI)
Technical operations include operations to identify, assess, dismantle, =
transfer, dispose, and decontaminate personnel and property exposed to =
explosive ordnance or NBC/WMD material.
Terrorist Incident. A violent act, or an act dangerous to human life, in =
violation of the criminal laws of the United States or of any State, to =
intimidate or coerce a government, the civilian population, or any =
segment thereof, in furtherance of political or social objectives. (FBI)
Weapon of Mass Destruction. (A) Any destructive device as defined in =
section 921 of this title, (which reads) any explosive, incendiary, or =
poison gas, bomb, grenade, rocket having a propellant charge of more =
than four ounces, missile having an explosive or incendiary charge of =
more than one quarter ounce, mine or device similar to the above; (B) =
poison gas; (C) any weapon involving a disease organism; or (D) any =
weapon that is designed to release radiation or radioactivity at a level =
dangerous to human life. (18 U.S.C., Section 2332a)
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<DIV><FONT face=3DArial size=3D2>Federal Emergency Management =
Agency<BR>Federal=20
Response Plan</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=3DArial size=3D2></FONT> </DIV>
<DIV> </DIV><FONT face=3DArial size=3D2>
<DIV><BR>TERRORISM<BR>INCIDENT ANNEX </DIV>
<DIV> </DIV>
<DIV>Federal Emergency Management Agency<BR>Federal Response =
Plan<BR>Notice of=20
Change</DIV>
<DIV> </DIV>
<DIV><BR> <BR>Date: <BR>February 7, 1997 Number:<BR>FEMA 229, =
Chg=20
11 Subject:<BR>Terrorism </DIV>
<DIV> </DIV>
<DIV>Purpose. This notice of change adds a Terrorism Incident Annex to =
the=20
Federal Response (FRP), which will be used to implement Presidential =
Decision=20
Directive 39 (PDD-39).</DIV>
<DIV> </DIV>
<DIV>Background. PDD-39 defines policies regarding the Federal response =
to=20
threats or acts of terrorism involving nuclear, biological, and/or =
chemical=20
material, and/or weapons of mass destruction (NBC/WMD). PDD-39 directs =
the=20
undersigned departments and agencies to perform specific =
responsibilities that=20
may affect the performance of their responsibilities under the =
FRP.</DIV>
<DIV> </DIV>
<DIV>Suppression. F.E.M.A.(eyes only)</DIV>
<DIV> </DIV>
<DIV>Action Required. Insert pages TI-1 through TI-22 after page =
CR-22.</DIV>
<DIV> </DIV>
<DIV>Distribution. All Federal departments and agencies with FRP=20
responsibilities.</DIV>
<DIV> </DIV>
<DIV>Additional Copies. May be obtained by contacting FEMA Printing and=20
Publications at <BR>(202) 646-3484.</DIV>
<DIV> </DIV>
<DIV> </DIV>
<DIV> </DIV>
<DIV><BR>Robert M. Walker<BR>Assistant Secretary of the Army<BR> =20
(Installations, Logistics, and Environment) <BR>Department of =
Defense</DIV>
<DIV> </DIV>
<DIV> </DIV>
<DIV> </DIV>
<DIV>Philip R. Lee, M.D. <BR>Assistant Secretary for Health =
<BR>Department of=20
Health and Human Services</DIV>
<DIV> </DIV>
<DIV> </DIV>
<DIV> </DIV>
<DIV><BR>Robert M. Bryant<BR>Assistant Director<BR>National Security=20
Division<BR>Federal Bureau of Investigation</DIV>
<DIV> </DIV>
<DIV> </DIV>
<DIV> </DIV>
<DIV>Joan Rohlfing<BR>Director<BR>Office of Non-Proliferation and=20
National<BR> Security<BR>Department of Energy </DIV>
<DIV> </DIV>
<DIV> </DIV>
<DIV> </DIV>
<DIV>Elliott P. Laws<BR>Assistant Administrator<BR>Office of Solid Waste =
and=20
Emergency Response<BR>Environmental Protection Agency</DIV>
<DIV> </DIV>
<DIV><BR>Lacy E. Suiter<BR>Executive Associate Director<BR>Response and =
Recovery=20
Directorate<BR>Federal Emergency Management Agency<BR> </DIV>
<DIV> </DIV>
<DIV> <BR>TERRORISM<BR>INCIDENT ANNEX</DIV>
<DIV> </DIV>
<DIV> </DIV>
<DIV> </DIV>
<DIV>I. INTRODUCTION</DIV>
<DIV> </DIV>
<DIV>In June 1995, the White House issued Presidential Decision =
Directive 39=20
(PDD-39). =93United States Policy on Counterterrorism.=94 PDD-39 =
directed a number=20
of measures to reduce the Nation=92s vulnerability to terrorism, to =
deter and=20
respond to terrorist acts, and to strengthen capabilities to prevent and =
manage=20
the consequences of terrorist use of nuclear, biological, and chemical =
(NBC)=20
weapons including weapons of mass destruction (WMD). PDD-39 discusses =
crisis=20
management and consequence management.</DIV>
<DIV> </DIV>
<DIV>Crisis management includes measures to identify, acquire, and plan =
the use=20
of resources needed to anticipate, prevent, and/or resolve a threat or =
act of=20
terrorism. The laws of the United States assign primary authority to the =
Federal=20
Government to prevent and respond to acts of terrorism; State and local=20
governments provide assistance as required. Crisis management is =
predominantly a=20
law enforcement response. Based on the situation, a Federal crisis =
management=20
response may be supported by technical operations, and by Federal =
consequence=20
management, which may operate concurrently (see Figure 1).</DIV>
<DIV> </DIV>
<DIV>Consequence management includes measures to protect public health =
and=20
safety, restore essential government services, and provide emergency =
relief to=20
governments, businesses and individuals affected by the consequences of=20
terrorism. The laws of the United States assign primary authority to the =
States=20
to respond to the consequences of terrorism; the Federal Government =
provides=20
assistance as required.<BR>=0C</DIV>
<DIV> </DIV>
<DIV>source: DHHS-PHS/FEMA<BR>Figure 1 - Relationship between Crisis and =
Consequence management</DIV>
<DIV> </DIV>
<DIV><BR>A. Purpose</DIV>
<DIV> </DIV>
<DIV>The purpose of this Terrorism Incident Annex, hereafter referred to =
as the=20
Annex, is to describe the Federal concept of operations to implement =
PDD-39,=20
when necessary, to respond to terrorist incidents within the United =
States. The=20
Annex:</DIV>
<DIV> </DIV>
<DIV>1. Describes crisis management Guidance is provided in other =
Federal=20
plans.</DIV>
<DIV> </DIV>
<DIV>2. Defines the policies and structures to coordinate crisis =
management=20
with consequence management</DIV>
<DIV> </DIV>
<DIV>3. Defines consequence management, which uses Federal Response =
Plan=20
(FRP) structures, supplemented as necessary by structures that are =
normally=20
activated through other Federal plans.</DIV>
<DIV> </DIV>
<DIV><BR>B. Scope</DIV>
<DIV> </DIV>
<DIV>1. The Annex applies to all threats or acts of terrorism =
within the=20
United States that the White House determines require a Federal =
response.</DIV>
<DIV> </DIV>
<DIV>2. The Annex applies to all federal departments and agencies =
that may=20
be directed to respond to a threat or act of terrorism within the United =
States.</DIV>
<DIV> </DIV>
<DIV>3. The Annex builds upon FRP concepts and procedures by =
addressing=20
unique policies, assumptions, structures, responsibilities, and actions =
that=20
will be applied for consequence management as necessary.</DIV>
<DIV> </DIV>
<DIV>II. POLICIES</DIV>
<DIV> </DIV>
<DIV>Lead Agency Responsibilities. PDD-39 validates and reaffirms =
existing=20
Federal Lead Agency responsibilities for counterterrorism, which are =
assigned to=20
the Department of Justice as delegated to the Federal Bureau of =
investigation=20
(FBI), for threats or acts of terrorism within the United States. It is =
FBI=20
policy that crisis management will involve only those Federal agencies =
requested=20
by the FBI to provide expert guidance and/or assistance, as described in =
the=20
PDD-39 Domestic Guidelines (classified) and FBI Incident Contingency =
Plans=20
(classified).</DIV>
<DIV> </DIV>
<DIV>Consequence Management. PDD-39 states that the Federal Emergency =
Management=20
Agency (FEMA) shall ensure that the FRP is adequate to respond to the=20
consequences of terrorism. FEMA, with the support of all agencies in the =
FRP,=20
shall act in support of the FBI in Washington, DC, and on the scene of =
the=20
crisis, until such time as the Attorney General shall transfer the Lead =
Agency=20
role to FEMA (see Figure 2). FEMA retains responsibility for consequence =
management throughout the Federal response, and acts in support of the =
FBI as=20
appropriate, until the Attorney General, in consultation with the FBI =
Director=20
and the FEMA Director, determines that such support is no longer =
required. It is=20
FEMA policy to use FRP structures to coordinate all Federal assistance =
to State=20
and local governments for consequence management.<BR>=0C</DIV>
<DIV> </DIV>
<DIV><BR>Figure 2 - Relationship Among Federal Agencies Under =
PDD-39</DIV>
<DIV> </DIV>
<DIV>Costs. PDD-39 states that Federal agencies directed to participate =
in the=20
resolution of terrorist incidents or conduct of counterterrorist =
operations=20
shall bear the costs of their own participation, unless otherwise =
directed by=20
the President.</DIV>
<DIV> </DIV>
<DIV>III. SITUATION</DIV>
<DIV> </DIV>
<DIV>A. Conditions</DIV>
<DIV> </DIV>
<DIV>1. A general concern or actual threat of an act of terrorism =
occurring=20
at or during a special event within the United States may cause the =
President to=20
direct Federal agencies to implement precautionary measures which may =
include=20
some of the consequence management actions described in this Annex. When =
directed, FEMA will coordinate with the FBI and the affected State to =
identify=20
potential consequence management requirements and with Federal =
consequence=20
management agencies to implement increased readiness operations.</DIV>
<DIV> </DIV>
<DIV>2. A significant threat or act of terrorism may cause the FBI =
to=20
respond and to implement a crisis management response as described in =
this=20
Annex. FBI requests for assistance from other Federal agencies will be=20
coordinated through the Attorney General and the President with =
coordination of=20
NSC groups as warranted. During the course of a crisis management =
response,=20
consequences may become imminent or occur that cause the President to =
direct=20
FEMA to implement a consequence management response as described in this =
Annex.</DIV>
<DIV> </DIV>
<DIV>3. The occurrence of an incident without warning that produces =
major=20
consequences involving NBC/WMD may cause the President to direct FEMA to =
implement a consequence management response as described in this=20
Annex.<BR>=0CB. Planning Assumptions</DIV>
<DIV> </DIV>
<DIV>No single agency at the local, State, Federal or private level =
possesses=20
the authority and the expertise to act unilaterally on many difficult =
issues=20
that may arise in response to threats or acts of terrorism, particularly =
if=20
NBC/WMD are involved.1</DIV>
<DIV> </DIV>
<DIV>An act of terrorism, particularly an act directed against a large=20
population center within the United States involving NBC/wMD, may =
produce major=20
consequences that would overwhelm the capabilities of many local and =
State=20
governments almost immediately. Major consequences involving NBC/WMD may =
overwhelm existing Federal capabilities as well.</DIV>
<DIV> </DIV>
<DIV>Local, State, and Federal responders may define working =
perimeters=97that may=20
overlap to some degree. Perimeters may be used to control access to the =
area,=20
target public information messages, assign operational sectors among =
responding=20
organizations, and assess potential effects on the population and the=20
environment. Control of these perimeters may be enforced by different=20
authorities, which may impede the overall response if adequate =
coordination is=20
not established.</DIV>
<DIV> </DIV>
<DIV>If protective capabilities are not available, responders cannot be =
required=20
to put their own lives at risk in order to enter a perimeter =
contaminated with=20
NBC material. It is possible that the perimeter will be closed until the =
effects=20
of the NBC material have degraded to levels that are safe for first=20
responders.</DIV>
<DIV> </DIV>
<DIV>This Annex may be implemented in situations involving major =
consequences in=20
a single State or multiple States. The FBI will establish coordination=20
relationships among FBI Field Offices and with Federal agencies =
supporting=20
crisis management, including FEMA, based on the locations =
involved.2</DIV>
<DIV> </DIV>
<DIV>This Annex may be implemented in situations that also involve =
consequences=20
in neighboring nations.</DIV>
<DIV> </DIV>
<DIV>IV. CONCEPT OF OPERATIONS</DIV>
<DIV> </DIV>
<DIV>A. Crisis Management<BR>(FBI, National Security Division, =
Domestic=20
Terrorism/Counterterrorism Planning Section)</DIV>
<DIV> </DIV>
<DIV>PDD-39 reaffirms the FBI=92s Federal lead responsibility for crisis =
management response to threats or acts of terrorism that take place =
within=20
United States terrorism or in international waters and do not involve =
the flag=20
vessel of a foreign country. The FBI provides a graduated flexible =
response to a=20
range of incidents, including:</DIV>
<DIV> </DIV>
<DIV>A credible threat, which may be presented in verbal, written,=20
intelligence-based or other form.</DIV>
<DIV> </DIV>
<DIV>An act of terrorism which exceeds the local FBI field division =
capability=20
to resolve.</DIV>
<DIV> </DIV>
<DIV>The confirmed presence of an explosive device or WMD capable of =
causing a=20
significant destructive event, prior to actual injury or property loss =
(e.g. a=20
=93significant threat=94).</DIV>
<DIV> </DIV>
<DIV>The detonation of an explosive device, utilization of a WMD, or =
other=20
destructive event, with or without warning, that results in limited =
injury or=20
death (e.g., =93limited consequences/State and local consequence =
management=20
response=94).</DIV>
<DIV> </DIV>
<DIV>The detonation of an explosive device, utilization of a WMD, or =
other=20
destructive event, with or without warning, that results in substantial =
injury=20
or death (e.g., =93major consequences/Federal consequence management=20
response=94).</DIV>
<DIV> </DIV>
<DIV>In response to a credible threat involving NBC/WMD, the FBI =
initiates a=20
threat assessment process that involves close coordination with Federal =
agencies=20
with technical expertise, in order to determine the viability of the =
threat from=20
a technical, as well as tactical and behavioral standpoint.</DIV>
<DIV> </DIV>
<DIV>The FBI provides the initial notification to law enforcement =
authorities=20
within the affected State of a threat or occurrence that the FBI =
confirms as an=20
act of terrorism. If warranted, the FBI implements an FBI response and=20
simultaneously advises the Attorney General, who notifies the President =
and NSC=20
groups as warranted, that a Federal crisis management response is =
required. If a=20
Federal crisis management response is authorized, the FBI activates =
multi-agency=20
crisis management structures at FBI Headquarters, the responsible FBI =
Field=20
Office, and at the incident site (see Figure 3). (The FBI provides =
guidance on=20
the crisis management response in the FBI Nuclear Incident Contingency =
Plan=20
(classified) and the FBI Chemical/Biological Incident Contingency Plan=20
(classified)).</DIV>
<DIV> </DIV>
<DIV><BR>Figure 3 - Multi-Agency Crisis Management Structures</DIV>
<DIV> </DIV>
<DIV><BR>If the threat involves NBC/WMD, the FBI Director may recommend =
to the=20
Attorney General, who notifies the President and NSC groups as =
warranted, to=20
deploy a Domestic Emergency Support Team (DEST). The mission of the DEST =
is to=20
provide expert advice and assistance to the FBI On-Scene Commander (OSC) =
related=20
to the capabilities of the DEST agencies and to coordinate follow-on =
response=20
assets. When deployed, the DEST merges into the existing Joint =
Operations Center=20
(JOC) structure. (Authorization and coordination procedures and the =
interagency=20
organizational structure for the DEST are outlined in the PDD-39 =
Domestic=20
Guidelines (classified)).</DIV>
<DIV> </DIV>
<DIV>During crisis management, the FBI coordinates closely with local =
law=20
enforcement authorities to provide a successful law enforcement =
resolution to=20
the incident. The FBI also coordinates with other Federal authorities, =
including=20
FEMA. The FBI Field Office responsible for the incident site modifies =
its=20
Command Post to function as a JOC. The JOC structure includes the =
following=20
standard groups: Command, Operations, Support, and Consequence =
Management.=20
Representation within the JOC includes some Federal, State, and local =
agencies=20
with roles in consequence management. FEMA notifies Federal, State and =
local=20
consequence management agencies selected by the FBI OSC to request that =
they=20
deploy representatives to the JOC. Selected Federal, State and local =
consequence=20
management agencies may be requested to serve in the JOC Command Group, =
the JOC=20
Support Group/Media component, and the JOC Consequence Management Group =
(see=20
Figure 4, shaded boxes).</DIV>
<DIV> </DIV>
<DIV>Figure 4 - FBI Joint Operations Center Structure</DIV>
<DIV> </DIV>
<DIV>A FEMA representative coordinates the actions of the JOC =
Consequence=20
Management Group, expedites activation of a Federal consequence =
management=20
response should it become necessary, and works with an FBI =
representative who=20
serves as the liaison between the Consequence Management Group and the =
FBI OSC.=20
The JOC Consequence Management Group monitors the crisis management =
response in=20
order to advise on decisions that may have implications for consequence=20
management, and to provide continuity should a Federal consequence =
management=20
response become necessary.</DIV>
<DIV> </DIV>
<DIV>B. Consequence Management</DIV>
<DIV> </DIV>
<DIV>Pre-Incident</DIV>
<DIV> </DIV>
<DIV>The FBI may notify Federal agencies, including FEMA, of a =
significant=20
threat of an act of terrorism. Federal agencies requested by the FBI, =
including=20
FEMA, will deploy a representative(s) to the FBI Headquarters Strategic=20
Information Operations Center (SIOC). Based on the circumstances, FEMA=20
Headquarters and the responsible FEMA Region(s) may implement a standard =
procedure to alert involved FEMA officials and Federal agencies =
supporting=20
consequence management. FEMA and other Federal agencies requested by the =
FBI OSC=20
will deploy representatives to the JOC(s) being established by the =
responsible=20
FBI Field Office(s).3 Representatives may include a senior official to =
serve in=20
the JOC Command Group, in order to assist the FBI OSC and to provide =
continuity=20
in leadership should a Federal consequence management response be=20
required.</DIV>
<DIV> </DIV>
<DIV>Issues arising from the response that affect multiple agency =
authorities=20
and areas of expertise will be discussed by the FBI OSC and the other =
members of=20
the JOC Command Group, who are all working in consultation with other =
local,=20
State and Federal representatives. While the FBI OSC retains authority =
to make=20
Federal crisis management decisions at all times, operational decisions =
are made=20
cooperatively to the greatest extent possible. The FBI OSC and the =
senior FEMA=20
official will provide, or obtain from higher authority, an immediate =
resolution=20
of conflicts in priorities for allocation of critical Federal resources =
(such as=20
airlift or technical operations assets) between the crisis management =
and the=20
consequence management response.</DIV>
<DIV> </DIV>
<DIV>The JOC Command Group plays an important role in ensuring =
coordination of=20
Federal crisis management and consequence management actions. =
Coordination will=20
also be achieved through the exchange of operational reports on the =
incident.=20
Because reports prepared by the FBI are =93law enforcement sensitive,=94 =
FEMA=20
representatives with access to the reports will review them, according =
to=20
standard procedure, in order to identify and forward information to =
Emergency=20
Support Function (ESF) #5 that may affect operational priorities and =
action=20
plans for consequence management.</DIV>
<DIV> </DIV>
<DIV> </DIV>
<DIV> </DIV>
<DIV> </DIV>
<DIV> </DIV>
<DIV> </DIV>
<DIV> </DIV>
<DIV> </DIV>
<DIV> </DIV>
<DIV>=0C<BR>Figure 5 - Pre-Incident Consequence Management</DIV>
<DIV> </DIV>
<DIV>As a situation progresses, consequences may become imminent. FEMA =
will=20
consult immediately with the White House and the Governor=92s office in =
order to=20
determine if FEMA is directed to use authorities of the Robert T. =
Stafford=20
Disaster Relief and Emergency Assistance (Stafford) Act to =
mission-assign=20
Federal consequence management agencies to pre-deploy assets, in order =
to lessen=20
or avert the threat of a catastrophe. These actions will involve =
appropriate=20
notification and coordination with the FBI, as the overall Federal Lead =
Agency=20
for counterterrorism. FEMA Headquarters may activate an Emergency =
Support Team=20
(EST), may convene an executive-level meeting of the Catastrophic =
Disaster=20
Response Group (CDRG), and may place an Emergency Response Team - =
National=20
(ERT-N) on alert.4 When FEMA activates the EST, FEMA will notify FBI=20
Headquarters to request a liaison. The responsible FEMA Region(s) may =
activate a=20
Regional Operations Center (ROC) and deploy a representative(s) to the =
affected=20
State(s) (see Figure 5). When the responsible FEMA Region(s) activate a =
ROC, the=20
Region(s) will notify the responsible FBI Field Office(s) to request a=20
liaison.</DIV>
<DIV> </DIV>
<DIV>Trans-Incident</DIV>
<DIV> </DIV>
<DIV>(Situations involving a transition from a threat to an act of=20
terrorism).</DIV>
<DIV> </DIV>
<DIV>If consequences become imminent or occur that cause the President =
to direct=20
FEMA to implement a Federal consequence management response, then FEMA =
will=20
initiate procedures to activate additional FRP structures (the EST, the =
CDRG,=20
the ROC, and a Disaster Field Office (DFO) if necessary). Federal, State =
and=20
local consequence management agencies will begin to disengage from the =
JOC (see=20
Figure 6). The senior FEMA official and liaisons will remain at the JOC =
until=20
the FBI and FEMA agree that a liaison presence is no longer required. =
FEMA will=20
establish Joint Information Centers (JICs) in the field and Washington, =
DC, to=20
serve as the primary Federal information centers on the consequence =
management=20
response for the media, members of Congress, and foreign governments. =
FEMA JICs=20
will establish coordination with the FBI Media component in the field =
and the=20
FBI Headquarters National Press Office, which serve as the primary =
Federal=20
information centers on the crisis management response.</DIV>
<DIV> </DIV>
<DIV><BR>Figure 6 - Trans-Incident Consequence Management</DIV>
<DIV> </DIV>
<DIV>Post-Incident</DIV>
<DIV> </DIV>
<DIV>(Situations without warning).</DIV>
<DIV> </DIV>
<DIV>If an incident occurs without warning that produces major =
consequences and=20
appears to be caused by an act of terrorism, then FEMA and the FBI will =
initiate=20
consequence management and crisis management actions concurrently. FEMA =
will=20
consult immediately with the White House and the Governor=92s office to =
determine=20
if a Federal consequence management response is required. If the =
President=20
directs FEMA to implement a Federal consequence management response, =
then FEMA=20
will implement portions of this Annex and other FRP annexes as required. =
FEMA=20
will support the FBI as required and will lead a concurrent Federal =
consequence=20
management response.</DIV>
<DIV> </DIV>
<DIV>During the consequence management response, the FBI provides a =
liaison to=20
either the ROC Director or the Federal Coordinating Officer (FCO) in the =
field,=20
and a liaison to the EST Director at FEMA Headquarters (see Figure 7). =
Issues=20
arising from the response that affect multiple agency authorities and =
areas of=20
expertise will be discussed by the ROC Director or FCO, in consultation =
with the=20
FBI liaison, the on-scene decisionmakers of the Federal agencies =
supporting the=20
technical operation, and the ESF Leaders, who are all working in =
consultation=20
with local, State and other Federal representatives. While the ROC =
Director or=20
FCO retains authority to make Federal consequence management decisions =
at all=20
times, operational decisions are made cooperatively to the greatest =
extent=20
possible. Meetings will continue to be scheduled until the FBI and FEMA =
agree=20
that coordination is no longer required. Operational reports will =
continue to be=20
exchanged, as described in the pre-incident phase. The FBI liaisons will =
remain=20
at the EST and the ROC or DFO until FEMA and the FBI agree that a =
liaison=20
presence is no longer required.</DIV>
<DIV> </DIV>
<DIV><BR>Figure 7 - Post-Incident Consequence Management</DIV>
<DIV> </DIV>
<DIV>Disengagement</DIV>
<DIV> </DIV>
<DIV>If an act of terrorism does not occur, then the consequence =
management=20
response disengages when the FEMA Director, in consultation with the FBI =
Director, directs FEMA Headquarters and the responsible Region(s) to =
issue a=20
cancellation notification by standard procedure to appropriate FEMA =
officials=20
and FRP agencies. FRP agencies disengage according to standard =
procedure.</DIV>
<DIV> </DIV>
<DIV>If an act of terrorism occurs that results in major consequences, =
then each=20
FRP structure (the EST, the CDRG, the ROC, and the DFO if necessary) =
disengages=20
at the appropriate time according to standard procedures. Following FRP=20
disengagement, operations by individual Federal agencies or by multiple =
Federal=20
agencies under other Federal plans may continue, in order to support the =
affected State and local governments with long-term hazard monitoring,=20
environmental decontamination, and site restoration=20
(clean-up).<BR>V. RESPONSIBILITIES</DIV>
<DIV> </DIV>
<DIV>A. FBI</DIV>
<DIV> </DIV>
<DIV>PDD-39 clarifies and expands upon the responsibilities of the FBI =
as the=20
Federal Lead Agency for crisis management. The FBI will:</DIV>
<DIV> </DIV>
<DIV>Appoint an FBI OSC to provide leadership and direction to the =
Federal=20
crisis management response. The FBI OSC will convene meetings with=20
decisionmakers representing FEMA, the Federal agencies involved in =
technical=20
operations, and the State (as appropriate). These meetings will be held =
in order=20
to formulate incident action plans, define priorities, review status, =
resolve=20
conflicts, identify issues that require decisions from higher =
authorities, and=20
evaluate the need for additional resources.</DIV>
<DIV> </DIV>
<DIV>Issue and track the status of crisis management actions assigned to =
Federal=20
agencies. A common system should be used by the FBI and FEMA, in order =
to=20
provide a capability to control, prioritize, and deconflict taskings to =
Federal=20
agencies, several of which support crisis management and consequence=20
management.</DIV>
<DIV> </DIV>
<DIV>Establish the primary Federal operations centers for crisis =
management in=20
the field and Washington, DC.</DIV>
<DIV> </DIV>
<DIV>Establish the primary Federal centers for information on the crisis =
management response for the media, members of Congress, and foreign =
governments=20
in the field and Washington, DC.</DIV>
<DIV> </DIV>
<DIV>Designate appropriate liaison and advisory personnel to support =
FEMA.</DIV>
<DIV> </DIV>
<DIV>Determine when a threat of an act of terrorism warrants =
consultation with=20
the White House.</DIV>
<DIV> </DIV>
<DIV>Advise the White House, through the Attorney General, when the FBI =
requires=20
assistance for a Federal crisis management response, in accordance with =
the=20
PDD-39 Domestic Guidelines.</DIV>
<DIV> </DIV>
<DIV>Coordinate the Federal crisis management response with the lead =
State and=20
local crisis management agencies.</DIV>
<DIV> </DIV>
<DIV>B. FEMA</DIV>
<DIV> </DIV>
<DIV>PDD-39 clarifies and expands upon the responsibilities of FEMA as =
the=20
Federal Lead Agency for consequence management. FEMA will:</DIV>
<DIV> </DIV>
<DIV>Appoint a ROC Director or FCO to provide leadership and direction =
to the=20
Federal consequence management response. The ROC Director or FCO will =
convene=20
meetings with decisionmakers representing the FBI, the Federal agencies =
involved=20
in technical operations, and the State (as appropriate). These meetings =
will be=20
held in order to formulate incident action plans, define priorities, =
review=20
status, resolve conflicts, and identify issues that require decisions =
from=20
higher authorities, and evaluate the need for additional =
resources.</DIV>
<DIV> </DIV>
<DIV>Issue and track the status of consequence management actions =
assigned to=20
Federal agencies. A common system should be used by the FBI and FEMA, in =
order=20
to provide a capability to control, prioritize, deconflict, and (as =
appropriate)=20
audit and reimburse taskings to Federal agencies, several of which =
support=20
crisis management and consequence management.</DIV>
<DIV> </DIV>
<DIV>Establish the primary Federal operations centers for consequence =
management=20
in the field and Washington, DC.</DIV>
<DIV> </DIV>
<DIV>Establish the primary Federal centers for information on the =
consequence=20
management response for the media, members of Congress, and foreign =
governments=20
in the field and Washington, DC.</DIV>
<DIV> </DIV>
<DIV>Designate appropriate liaison and advisory personnel to support the =
FBI.</DIV>
<DIV> </DIV>
<DIV>Determine when consequences are imminent that warrant consultation =
with the=20
White House and the Governor=92s office.</DIV>
<DIV> </DIV>
<DIV>Consult with the White House and the Governor=92s office to =
determine if a=20
Federal consequence management response is required and if FEMA is =
directed to=20
use Stafford Act authorities. This process will involve appropriate =
notification=20
and coordination with the FBI.</DIV>
<DIV> </DIV>
<DIV>Coordinate the Federal consequence management response with the =
lead State=20
and local consequence management agencies.</DIV>
<DIV> </DIV>
<DIV>C. Federal Agencies Supporting Technical Operations</DIV>
<DIV> </DIV>
<DIV>1. Department of Defense</DIV>
<DIV> </DIV>
<DIV>As directed in PDD-39, the Department of Defense (DOD) will =
activate=20
technical operations capabilities to support the Federal response to =
threats or=20
acts of NBC/WMD terrorism. As required under the Constitution and laws =
of the=20
United States, DOD will coordinate military operations within the United =
States=20
with the appropriate civilian lead agency(ies) for the technical=20
operations.</DIV>
<DIV> </DIV>
<DIV>2. Department of Energy</DIV>
<DIV> </DIV>
<DIV>As directed in PDD-39, the Department of Energy (DOE) will activate =
nuclear=20
response capabilities to support the Federal response to threats or acts =
of=20
nuclear/WMD terrorism. DOE may coordinate with individual agencies =
identified in=20
the FRERP to use the structures, relationships, and capabilities =
described in=20
the FRERP to support response operations. The FRERP does not require =
formal=20
implementation. Under the FRERP:</DIV>
<DIV> </DIV>
<DIV>The Federal OSC under the FRERP will coordinate the FRERP response =
with the=20
FEMA official (either the senior FEMA official at the JOC, the ROC =
Director or=20
the FCO), who is responsible under PDD-39 for on-scene coordination of =
all=20
Federal support to State and local governments (see Figure 8).</DIV>
<DIV> </DIV>
<DIV>The FRERP response may include onsite management, radiological =
monitoring=20
and assessment, development of Federal protective action =
recommendations, and=20
provision of information on the radiological response to the public, the =
White=20
House and Members of Congress, and foreign governments. The Lead Federal =
Agency=20
(LFA) of the FRERP will serve as the primary Federal source of =
information=20
regarding onsite radiological conditions and offsite radiological =
effects.</DIV>
<DIV> </DIV>
<DIV>The LFA/FRERP will issue taskings that draw upon funding from the=20
responding FRERP agencies.</DIV>
<DIV> </DIV>
<DIV>3. Department of Health and Human Services</DIV>
<DIV> </DIV>
<DIV>As directed in PDD-39, the Department of Health and Human Services =
(DHHS)=20
will activate health and medical response capabilities to support the =
Federal=20
responses to threats or acts of NBC/WMD terrorism. DHHS may coordinate =
with=20
individual agencies identified in the DHHS Health and Medical Services =
Support=20
Plan for the Federal Response Acts of Chemical/Biological Terrorism, to =
use the=20
structures, relationships, and capabilities described in the DHHS plan =
to=20
support response operations. If the DHHS plan is formally =
implemented:</DIV>
<DIV> </DIV>
<DIV>The DHHS on-scene representative will coordinate, through the ESF =
#8=20
Leader, the DHHS plan response with the FEMA official (either the senior =
FEMA=20
official at the JOC, the ROC Director or the FCO), who is responsible =
under=20
PDD-39 for on-scene coordination of all Federal support to State and =
local=20
governments (see Figure 8).</DIV>
<DIV> </DIV>
<DIV>The DHHS plan response may include threat assessment, consultation, =
agent=20
identification, epidemiological investigation, hazard detection and =
reduction,=20
decontamination, public health support, medical support, and =
pharmaceutical=20
support operations.</DIV>
<DIV> </DIV>
<DIV>DHHS will issue taskings that draw upon funding from the responding =
DHHS=20
plan agencies.</DIV>
<DIV> </DIV>
<DIV>4. Environmental Protection Agency</DIV>
<DIV> </DIV>
<DIV>As directed in PDD-39, the Environmental Protection Agency (EPA) =
will=20
activate environmental response capabilities to support the Federal =
response to=20
acts of NBC/WMD terrorism. EPA may coordinate with individual agencies=20
identified in the National Oil and Hazardous Substances Pollution =
Contingency=20
Plan (NCP) to use the structures, relationships, and capabilities of the =
National Response System as described in the NCP to support response =
operations.=20
If the NCP is formally implemented:</DIV>
<DIV> </DIV>
<DIV>The On-Scene Coordinator under the NCP will coordinate, through the =
ESF #10=20
Leader, the NCP response with the FEMA official (either the senior FEMA =
official=20
at the JOC, the ROC Director or the FCO), who is responsible under =
PDD-39 for=20
on-scene coordination of all Federal support to State and local =
governments (see=20
Figure 8).</DIV>
<DIV> </DIV>
<DIV>The NCP response may include threat assessment, consultation, agent =
identification, hazard detection and reduction, environmental =
monitoring,=20
decontamination, and long-term site restoration (environmental clean-up) =
operations.</DIV>
<DIV> </DIV>
<DIV> </DIV>
<DIV> </DIV>
<DIV>Figure 8 - Relationships Among Federal Plans to Implement =
PDD-39</DIV>
<DIV> </DIV>
<DIV>VI. FUNDING GUIDELINES</DIV>
<DIV> </DIV>
<DIV>As stated in PDD-39, Federal agencies directed to participate in =
the=20
resolution of terrorist incidents or conduct of counterterrorist =
operations bear=20
the costs of their own participation, unless otherwise directed by the=20
President. This does not preclude Federal agencies from reallocating =
funds from=20
current agency operating budgets, accepting reimbursable work orders =
offered by=20
other Federal agencies, and/or submitting requests for supplemental=20
appropriation to the Office of Management and Budget for =
consideration.</DIV>
<DIV> </DIV>
<DIV>If the President directs FEMA to use Stafford Act authorities, FEMA =
will=20
issue mission assignments through the FRP to support consequence =
management.=20
FEMA provides the following funding guidance to the FRP=20
agencies:=0C<BR>A. Special Events and the Stafford Act</DIV>
<DIV> </DIV>
<DIV>Commitments by individual agencies to take precautionary measures =
in=20
anticipation of special events will not be reimbursed under the Stafford =
Act=20
unless mission-assigned by FEMA to support consequence management.</DIV>
<DIV> </DIV>
<DIV>B. Crisis Management/Law Enforcement and the Stafford =
Act</DIV>
<DIV> </DIV>
<DIV>Stafford Act authorities do not pertain to law enforcement =
functions. Law=20
enforcement or crisis management actions will not be mission-assigned =
for=20
reimbursement under the Stafford Act.5</DIV>
<DIV> </DIV>
<DIV><BR>VII. REFERENCES (not otherwise referenced in the =
FRP)</DIV>
<DIV> </DIV>
<DIV>Presidential Decision Directive 39 (classified). An unclassified =
extract=20
may be obtained from FEMA.</DIV>
<DIV> </DIV>
<DIV>FBI Chemical/Biological Incident Contingency Plan (classified). An=20
unclassified version may be obtained from the FBI.</DIV>
<DIV> </DIV>
<DIV>FBI Nuclear Incident Contingency Plan (classified). An unclassified =
version=20
may be obtained from the FBI.</DIV>
<DIV> </DIV>
<DIV>PDD-39 Domestic Guidelines (classified).</DIV>
<DIV> </DIV>
<DIV>DHHS Health and Medical Services Support Plan for the Federal =
Response to=20
Acts of chemical/Biological Terrorism.</DIV>
<DIV> </DIV>
<DIV><BR>VIII. PRIMARY POINT OF CONTACT</DIV>
<DIV> </DIV>
<DIV>Inquiries concerning this Annex should be addressed to the Federal=20
Emergency Management Agency, Response and Recovery Directorate, =
Operations and=20
Planning Division, Planning and Coordination Branch. 6, 7</DIV>
<DIV> </DIV>
<DIV><BR>FOLLOW-ON PLANNING REQUIREMENTS</DIV>
<DIV> </DIV>
<DIV>1 FEMA will incorporate language into the FRP Basic Plan concerning =
the=20
incident command system (ICS) and command structures.</DIV>
<DIV> </DIV>
<DIV>2 FEMA will incorporate language into an FRP procedure and FEMA =
internal=20
procedures for backup operations concerning support to multiple =
terrorism=20
operations within a single State or in multiple States.</DIV>
<DIV> </DIV>
<DIV>3 FEMA Headquarters will develop planning guidance for the FEMA =
Regions to=20
incorporate language into the Regional Response Plans to explain that =
the senior=20
FEMA official at the JOC has the authority to expedite activation of a =
Federal=20
consequence management response. Following a Stafford Act declaration, =
Federal=20
consequence management operations will transition from the JOC =
Consequence=20
Management Group, supported by the ROC, to a DFO.</DIV>
<DIV> </DIV>
<DIV>4 FEMA will incorporate language into the FRP Basic Plan concerning =
the=20
Emergency Response Team-National.</DIV>
<DIV> </DIV>
<DIV>5 FEMA will review and update language concerning Stafford Act =
declarations=20
and mission assignments in the FRP Basic Plan, as follows:</DIV>
<DIV> </DIV>
<DIV>FEMA can use limited pre-deployment authorities in advance of a =
Stafford=20
Act declaration to =93lessen or avert the threat of a catastrophe=94, =
only if the=20
President expresses intent to go forward with a declaration (Section =
201). This=20
authority is further interpreted by Congressional intent, to the effect =
that the=20
President must determine that assistance under existing Federal programs =
is=20
inadequate to meet the crisis before FEMA may directly intervene under =
the=20
Stafford Act.</DIV>
<DIV> </DIV>
<DIV>The Stafford Act authorizes the President to issue =93emergency=94 =
and =93major=20
disaster=94 declarations (Section 501). Emergency declarations may be =
issued in=20
response to a Governor=92s request, or in response to those rare =
emergencies,=20
including some acts of terrorism, for which the Federal Government is =
assigned=20
in the laws of the United States the exclusive or preeminent =
responsibility and=20
authority to respond. Major disaster declarations may be issued in =
response to a=20
Governor=92s request for any natural catastrophe or, regardless of =
cause, any=20
fire, flood or explosion which has caused damage of sufficient severity =
and=20
magnitude, as determined by the President, to warrant major disaster =
assistance=20
under the Act.</DIV>
<DIV> </DIV>
<DIV>If a Stafford Act declaration is provided, funding for consequence=20
management may continue to be allocated from responding department and =
agency=20
operating budgets, the Disaster Relief Fund, and supplemental=20
appropriations.</DIV>
<DIV> </DIV>
<DIV>Mission assignments are reimbursable work orders issued by FEMA to =
Federal=20
agencies directing completion of a specific task. While the Stafford Act =
states=20
that =93Federal agencies may (emphasis added) be reimbursed for =
expenditures under=20
the Act=94 from the Disaster Relief Fund (Section 304), it is FEMA =
policy to=20
reimburse Federal agencies for work performed under mission assignments. =
Mission=20
assignments issued to support consequence management will follow =
FEMA=92s=20
=93Standard Operating Procedures for the Management of Mission =
Assignments (May=20
1994)=94 or applicable superseding documentation.</DIV>
<DIV> </DIV>
<DIV>6 FEMA will update FRP Appendix A. The following acronyms and =
abbreviations=20
used in the Annex will be incorporated:</DIV>
<DIV> </DIV>
<DIV>DEST Domestic Emergency Support Team<BR>FBI OSC FBI =
On-Scene=20
Commander<BR>JOC Joint Operations Center<BR>NBC Nuclear, =
Biological,=20
and Chemical<BR>NSC National Security =
Council<BR>PDD-39 Presidential=20
Decision Directive 39<BR>SIOC Strategic Information Operations=20
Center<BR>WMD Weapons of Mass Destruction</DIV>
<DIV> </DIV>
<DIV>7 FEMA will incorporate these terms and definitions into the FRP =
Appendix=20
B:</DIV>
<DIV> </DIV>
<DIV>Biological agents are microorganisms or toxins from living =
organisms that=20
have infectious or non-infectious properties which produce lethal or =
serious=20
effects in plants and animals. (FBI)</DIV>
<DIV> </DIV>
<DIV>Chemical agents are solids, liquids, or gases that have chemical =
properties=20
that produce lethal or serious effects in plants and animals. =
(FBI)</DIV>
<DIV> </DIV>
<DIV>Limited consequences are within State and local capabilities.</DIV>
<DIV> </DIV>
<DIV>Major consequences exceed State and local capabilities, requiring a =
Federal=20
response.</DIV>
<DIV> </DIV>
<DIV>Nuclear weapons release nuclear energy in an explosive manner as =
the result=20
of nuclear chain reactions involving fission and/or fusion of atomic =
nuclei.=20
(DOE)</DIV>
<DIV> </DIV>
<DIV>Significant threat. The confirmed presence of an explosive device =
or WMD=20
capable of causing a significant destructive event, prior to actual =
injury=20
property loss. (FBI)</DIV>
<DIV> </DIV>
<DIV>Technical operations include operations to identify, assess, =
dismantle,=20
transfer, dispose, and decontaminate personnel and property exposed to =
explosive=20
ordnance or NBC/WMD material.</DIV>
<DIV> </DIV>
<DIV>Terrorist Incident. A violent act, or an act dangerous to human =
life, in=20
violation of the criminal laws of the United States or of any State, to=20
intimidate or coerce a government, the civilian population, or any =
segment=20
thereof, in furtherance of political or social objectives. (FBI)</DIV>
<DIV> </DIV>
<DIV>Weapon of Mass Destruction. (A) Any destructive device as defined =
in=20
section 921 of this title, (which reads) any explosive, incendiary, or =
poison=20
gas, bomb, grenade, rocket having a propellant charge of more than four =
ounces,=20
missile having an explosive or incendiary charge of more than one =
quarter ounce,=20
mine or device similar to the above; (B) poison gas; (C) any weapon =
involving a=20
disease organism; or (D) any weapon that is designed to release =
radiation or=20
radioactivity at a level dangerous to human life. (18 U.S.C., Section=20
2332a)</FONT></DIV></BODY></HTML>
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