QUOTE(Bee @ Sep 6 2005, 11:36 AM)
Once again for the thick of head. This was all changed when the National Response Plan they created was signed into law in December of 2004.
As I've said again and again and again.... You're grasping at straws is as usual, rather boring and your amused contempt and ignorance is quite nauseating. I understand you're overjoyed at the breakdown of government you and your ilk have worked so hard for, but rational people find it barbaric and self-centered.
It's astounding. You come up with a 5 year old plan (as if there's not a more recent one posted elsewhere by honest posters) as if it was still valid. Either read the current law or STFU.
Thank you.
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Thanks Russ. From the News Today thread. 9/7/05
Russ Logan
Today, 10:14 AM
Post #49336
Much has been made of the National Response Plan (NRP), December 2004 in this thread and how it superseded state and local planning (it didn't), and how it as "law" (it isn't) changed the existing framework of governmental responsibility. The following is from the relevant sections of the NRP. From my reading of the NRP itself (
http://www.dhs.gov/interweb/assetlibrary/NRPbaseplan.pdf ), this plan tells the Federal Sector how it will operate as Federal Sector, and specifically states in the Concept of Operations section,
"A basic premise of the NRP is that incidents are generally handled at the lowest jurisdictional level possible.
In an Incident of National Significance, the Secretary of Homeland Security, in coordination with other Federal departments and agencies, initiates actions to prevent, prepare for, respond to, and recover from the incident. These actions are taken in conjunction with State, local, tribal, nongovernmental, and private-sector entities."
From the Letter of Instruction" in the National Response Plan, December 2004:
[Note: all bolding is mine in embedded text for added emphasis; the use of BLUE is to mirror the text formatting of the original document]
"...State, Local, and Tribal Governments and Nongovernmental Organizations:
State, local, and tribal governments and NGOs are requested to:
■ Utilize established incident reporting protocols to notify local and regional Joint Terrorism Task Forces (JTTFs) and the HSOC, as appropriate, as outlined in section V (page 46) of this document.
■ Coordinate with the HSOC regarding procedures for establishing connectivity for domestic incident management purposes. Local government procedures should be coordinated with the respective State government and/or emergency management agency.
■ Modify existing incident management and emergency operations plans within 120 days (or no later than the next major plan maintenance cycle) to ensure proper alignment with NRP coordinating structures, processes, and protocols.
■ Notify the Secretary of Homeland Security of any substantial conflicts between this plan and State or tribal government laws or regulations. This plan is not intended to compromise existing State or tribal government laws or corresponding incident management or emergency response plans...."
From the section "Scope and Applicability":
"...This plan is applicable to all Federal departments and agencies that may be requested to provide assistance or conduct operations in the context of actual or potential Incidents of National Significance. This includes the American Red Cross, which functions as an Emergency Support Function (ESF) primary organization in coordinating the use of mass care resources in a Presidentially declared disaster or emergency. The NRP is applicable to incidents that may occur at sites under the control of the Legislative or Judicial Branches of the Federal Government.
Based on the criteria established in HSPD-5, Incidents of National Significance are those high-impact events that require a coordinated and effective response by an appropriate combination of Federal, State, local, tribal, private-sector, and nongovernmental entities in order to save lives, minimize damage, and provide the basis for long-term community recovery and mitigation activities..."
The "Authorities" Section:
"...Authorities
Various Federal statutory authorities and policies provide the basis for Federal actions and activities in the context of domestic incident management. The NRP uses the foundation provided by the Homeland Security Act, HSPD-5, and the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) to provide a comprehensive, all-hazards approach to domestic incident management. Nothing in the NRP alters the existing authorities of individual Federal departments and agencies. The NRP does not convey new authorities upon the Secretary of Homeland Security or any other Federal official.
Rather, this plan establishes the coordinating structures, processes, and protocols required to integrate the specific statutory and policy authorities of various Federal departments and agencies in a collective framework for action to include prevention, preparedness, response, and recovery activities. Appendix 3 provides a summary of key statutes, Executive orders, and Presidential directives that provide additional authority and policy direction relevant to domestic incident management.
The NRP may be used in conjunction with other Federal incident management and emergency operations plans developed under these and other authorities as well as memorandums of understanding (MOUs) among various Federal agencies...."
From the Role and Responsibilities section; State, Local and Tribal Governments":
"...Police, fire, public health and medical, emergency management, public works, environmental response, and other personnel are often the first to arrive and the last to leave an incident site. In some instances, a Federal agency in the local area may act as a first responder, and the local assets of Federal agencies may be used to advise or assist State or local officials in accordance with agency authorities and procedures. Mutual aid agreements provide mechanisms to mobilize and employ resources from neighboring jurisdictions to support the incident command.
When State resources and capabilities are overwhelmed, Governors may request Federal assistance under a Presidential disaster or emergency declaration. Summarized below are the responsibilities of the Governor, Local Chief Executive Officer, and Tribal Chief Executive Officer.
Governor
As a State’s chief executive, the Governor is responsible for the public safety and welfare of the people of that State or territory. The Governor:
■ Is responsible for coordinating State resources to address the full spectrum of actions to prevent, prepare for, respond to, and recover from incidents in an all-hazards context to include terrorism, natural disasters, accidents, and other contingencies;
■ Under certain emergency conditions, typically has police powers to make, amend, and rescind orders and regulations;
■ Provides leadership and plays a key role in communicating to the public and in helping people, businesses, and organizations cope with the consequences of any type of declared emergency within State jurisdiction;
■ Encourages participation in mutual aid and implements authorities for the State to enter into mutual aid agreements with other States, tribes, and territories to facilitate resource-sharing;
■ Is the Commander-in-Chief of State military forces (National Guard when in State Active Duty or Title 32 Status and the authorized State militias); and
■ Requests Federal assistance when it becomes clear that State or tribal capabilities will be insufficient or have been exceeded or exhausted.
Local Chief Executive Officer
A mayor or city or county manager, as a jurisdiction’s chief executive, is responsible for the public safety and welfare of the people of that jurisdiction. The Local Chief Executive Officer:
■ Is responsible for coordinating local resources to address the full spectrum of actions to prevent, prepare for, respond to, and recover from incidents involving all hazards including terrorism, natural disasters, accidents, and other contingencies;
■ Dependent upon State and local law, has extraordinary powers to suspend local laws and ordinances, such as to establish a curfew, direct evacuations, and, in coordination with the local health authority, to order a quarantine;
■ Provides leadership and plays a key role in communicating to the public, and in helping people, businesses, and organizations cope with the consequences of any type of domestic incident within the jurisdiction;
■ Negotiates and enters into mutual aid agreements with other jurisdictions to facilitate resource-sharing; and
■ Requests State and, if necessary, Federal assistance through the Governor of the State when the jurisdiction’s capabilities have been exceeded or exhausted...."
The above is offered not in reproof of any previous argument or support of same by any poster, but simply to provide a framework for discussion when referring to the NRP and its impact upon existing sate and local plans and authorities and to clear up any confuson as to the role of the DHS in this regard and situation. Posters who follow the link may note that the NRP is currently in Phase 3 of it's implementation life-cycle (Initial Implementation and Testing (120 days to one year)) after which it is subject to its first year review and any needed revisions.
Back to the fray.
This is where you STFU tweeker.