CBRN Safety 136


CBRN Safety 136 :

Appendix A - Key Legal, Strategy, and Policy Documents and International Protocols: (1) Legal, National Strategy and National Policy Guidance: (A) Key Executive and Legislative Guidance: (27) The Economy Act (Title 31, USC, Section 1535): The Economy Act authorizes federal agencies to provide goods or services on a reimbursable basis to other federal agencies when more specific statutory authority to do so does not exist. (28) Posse Comitatus Act (Title 18, USC, Section 1385): This statute limits the use of federal military personnel to perform civilian law enforcement activities. The PCA generally prohibits the use of US Army and US Air Force active duty (Title 10, USC), personnel for civilian law enforcement activities, except as authorized by the US Constitution or by statute. DOD policy extends the prohibitions of the PCA to US Navy and Marine Corps active duty (Title 10, USC) personnel. Specifically prohibited activities include interdiction of a vehicle, vessel, aircraft, or similar activity; search and/or seizure; arrest, apprehension, stop-and-frisk detentions, and similar activities; and use of military personnel for surveillance or pursuit of individuals, or as undercover agents, informants, investigators, or interrogators. DODD 5525.5, DOD Cooperation with Civilian Law Enforcement Officials, sets forth several forms of military assistance to civilian authorities, which are allowed under the PCA. Further, DODD 5525.5, DOD Cooperation with Civilian Law Enforcement Officials, details express statutory exceptions to the PCA, such as the Insurrections Act and emergency assistance involving WMD, which, upon appropriate notifications and approval, allow for the otherwise prohibited use of federal forces to support civilian law enforcement activities during CBRN CM operations. (29) Title 10, USC (Armed Forces): Title 10, USC, provides guidance on the Armed Forces. Guidance is divided into five subtitles. One covers general military law and one each for the US Army, US Navy and US Marine Corps, the US Air Force, and the RC. Chapter 18 (Sections 371382) of Title 10, USC, is entitled and governs Military Support for Civilian Law Enforcement Agencies. Title 10, USC, Section 375, directs SecDef to promulgate regulations that prohibit direct participation by a member of the Army, Navy, Air Force, or Marine Corps in a search, seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise authorized by law. (30) Title 14, USC (Coast Guard): Sections 2, 19, 89, 141, and 143, define the statutory authority of the USCG during HS missions. (31) Title 32, USC (National Guard): Specifically, statutes in Title 32, USC, authorize the use of federal funds to train NG members while they remain under the C2 of their respective state governors. In certain limited instances, specific statutory or Presidential authority allows for those forces to perform operational missions funded by the USG, while they remain under the control of the governor. Examples of those exceptions include the employment of WMD-STs, civil defense missions, and the President of the United States-directed airport security mission. (32) Memorandum of Understanding Between the Intelligence Community, Federal Law Enforcement Agencies, and the Department of Homeland Security Concerning Information Sharing, 4 March 2003: This agreement provides a framework and guidance to govern information sharing, use, and handling among the following individuals and their agencies: Secretary of Homeland Security, Director of National Intelligence, the Attorney General, and any other organization having federal law enforcement responsibilities (other than those that are part of the DHS). The agreement mandates minimum requirements for information sharing, use, and handling and for coordination and deconfliction of analytic judgments. (33) Memorandum of Agreement Between DOD and DHS on Use of the USCG Capabilities and Resources in Support of the NMS, 23 May 2008: This agreement provides for the identification of certain national defense capabilities of the USCG and improves the process by which the USCG serves as a force provider for DOD missions. (34) National Response Framework: The NRF focuses on response and short-term recovery, and articulates doctrine, principles, and architectures by which the US prepares for and responds to all-hazard disasters across all levels of government. The NRF and supporting annexes are available at www.fema.gov/nrf. (35) Inter-Departmental Memorandum of Understanding for Foreign Consequence Management Preparedness and Response: The purpose of this MOU is to synchronize and integrate USG FCM efforts. The MOU details the USGs goals and objectives relating to FCM and provides policy relating to roles and responsibilities of departments and agencies to prepare for and respond to a CBRN incident on foreign soil

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