Army Emergency Management Program - Federation of American ...

comprehensive release of information to the public about hazards associated with toxic chemical releases. Emergency
Planning and Community Right-to-Know Act (EPCRA) 301 requires each state to provide a structure for emergency
planning. Specifically, the governor of every state must establish a State Emergency Response Commission, which is
responsible for the coordination of local emergency planning districts and the supervision of local emergency planning
committees (LEPCs). Depending on the scope of the incident and subsequent actions taken to remediate hazards,
EPCRA may impact public notification requirements during a CBRNE event or natural disaster that potentially exposes
the public to a hazardous substance. Refer to chapter 7 for EPCRA requirements related to State and local emergency
planning procedures (see EPCRA (42 USC 11001)).
(5) Public Health Security and Bioterrorism Preparedness and Response Act. Amends the Safe Drinking Water Act
to require public water systems serving more than 3,300 persons to conduct vulnerability assessments and report the
results to the U.S. Environmental Protection Agency (EPA). The public water system must have an emergency
response plan that incorporates the results of the vulnerability assessments (see PL 107–188). OUSD Memorandum,
dated 3 July 2003 extends the requirement to those water systems serving over 25 persons.
(6) National Oil and Hazardous Substances Pollution Contingency Act (known as the National Contingency Plan).
Applicable to response actions taken under CERCLA and Section 311 of the Clean Water Act. By Executive Order, the
EPA is the primary Federal Agency to prepare and maintain the NCP. The NCP includes all authorities, requirements,
and procedures required in order to execute an oil or hazardous substances spill/release response. The NCP appoints
DOD as the primary agency for coordinating and executing the Federal response and recovery efforts for any release of
a hazardous substance, pollutant, or contaminant (not oil or petroleum), when the release is on, or the sole source of the
release is from, any facility or vessel under the jurisdiction, custody, or control of DOD. The primary agency
assignment means that DOD will provide the on-scene coordinator (OSC) who will coordinate the Federal Response
and execute all actions and responsibilities defined in law. See NCP (40 CFR 300).
h. Terrorism, intentional acts, or criminal incidents. The Federal Bureau of Investigation (FBI) has investigative
jurisdiction over all acts of terrorism within the U.S., and its territories and possessions. Installation commanders must
utilize established notification and reporting procedures by coordinating with the supporting U.S. Army Criminal
Investigation Command (CID) unit prior to contacting Federal law enforcement agencies. Terrorism or criminal
incident locations shall be treated as crime scenes, insofar as reasonably possible, and the normal chain of custody
procedures shall be followed for any item that is removed from the incident scene. These law enforcement authorities,
responsibilities, and actions are according to DODD 5525.5 and implemented by AR 500–5. For details, see the NRF
and DODD 5525.5.
i. Use of chemical or biological weapons. The use of specific chemical and biological weapons in domestic
locations is a Federal criminal offense under 18 USC 175 (biological weapons possession) and 18 USC 229 (chemical
and biological weapons use as a weapons of mass destruction (WMD)).
j. Foreign and overseas locations. The Department of State (DOS) is the lead Federal Agency for consequence
management overseas. A status of forces agreement (SOFA) governs incidents on U.S. installations in foreign
countries. Most SOFAs, such as the North Atlantic Treaty Organization SOFA Article VII, paragraph 10, and Japan
SOFA Article XVII, paragraph 10, state that the U.S. has the right to police and maintain order on the premises it
occupies. Most SOFAs require U.S. military authorities to assist the Host Nation with incident investigation and turn
over all evidence to the Host Nation authorities when requested. Installation commanders must also identify legal
authorities and requirements before conducting Joint training exercises with Host Nation elements.
(1) Acts of terrorism. Acts of terrorism, including the use of CBRNE materials against the U.S. Government, its
military forces, or its citizens, even during wartime and regardless of location, is a Federal crime according to the laws
of the U.S. In addition, the use of chemical and biological warfare agents by a nation against another nation or its
citizens is a violation of the Law of Armed Conflict and may be considered an act of war. Consult with the supporting
CLO for details specific to each geopolitical situation.
(2) Host nation agreements and treaties. During peace operations, host nation agreements and treaties may direct
U.S. forces to provide assistance during certain types of incidents. In these instances, installation assets may receive
tasking to provide support to a host nation response. U.S. forces will remain under U.S. command.
(3) Sovereignty issues. During peace operations, U.S. forces must be aware that host nation laws may require the
sharing of information, to include samples of CBRNE agents or materials, during the response and recovery phases.
The release of information or material is likely a strategic or operational-level issue and the installation commander
will respond according to the command guidance furnished by higher headquarters.
(4) Stability operations. Host nation agreements and treaties and SOFA will likely remain in effect during contingency
operations in countries where U.S. forces are based and operate, unless the agreement or treaty is with a country
in which the contingency operations are directed. In this case, the U.S. will determine its responsibilities under U.S.
and international laws. During contingency operations, issues of sovereignty will be addressed by applicable contingency
plans, orders, and rules of engagement.
8 DA PAM 525–27 20 September 2012