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Military

Chapter 10

Humanitarian Assistance and Emergency Services

The HA operations encompass short-range programs aimed at ending or alleviating human suffering. They are usually conducted in response to natural or man-made disasters. The HA operations are designed to supplement or complement the efforts of HN civil authorities or agencies that have primary responsibility to provide relief. This type of assistance must not duplicate other forms of assistance provided by the US government. Government agencies are primarily responsible for ES operations (police, fire, rescue, and disaster preparedness). The effectiveness of ES plans and organization has a direct impact on CMO, and support to ES agencies can be provided as civil-military assistance. Although HA and ES operations can be conducted OCONUS, they are primarily conducted in CONUS.

SECTION I - HUMANITARIAN ASSISTANCE

10-1. Military forces provide a secure environment for humanitarian-relief efforts. The HA mission covers a broad range of tasks, and specific requirements are situation-dependent. The HA operations have different meanings to different people, based on their perspective. The operation can encompass reactive programs (disaster relief) and proactive programs (humanitarian and civic assistance [H/CA]).

10-2. The HA operations present a different set of challenges to US military forces. While civilian and military authorities exercise PRC, they may not know the magnitude of the situation requiring HA. In addition, US forces may be tasked to perform HA operations in numerous and complex environments. As with MP support to PRC operations, the MP commander has a clear understanding of the operational environment, the ROE, and legal considerations before setting up an I/R facility to support HA operations.

OPERATIONAL ENVIRONMENT

10-3. The US force commander coordinates with other responding organizations and assesses the environment where US forces will conduct HA operations. The operational environment includes the political situation, physical boundaries, the potential threat to forces, global visibility, and the media interest climate.

10-4. After the US force commander confirms the operational environment, he determines the types and numbers of forces required to meet the mission. The operational environment also determines the ROE to be used within the AO. The more permissive the environment, the more predictable the outcome of the mission. The HA operational environments are categorized as permissive, uncertain, and hostile. The distinction between HA conducted in a permissive environment versus a hostile environment is clear. Failure to make this distinction results in inadequate planning and unrealistic expectations.

PERMISSIVE ENVIRONMENT

10-5. A permissive environment is normally associated with relief operations following a natural disaster or an economic collapse. Assistance is provided at the request of the host government. A permissive environment is conducive to HA operations, and little or no opposition or resistance to military forces is expected. Nonhostile, anti-US interests may try to disrupt US military activities. The physical-security environment may be permissive; however, other nonthreatening means (demonstrations) may be employed to impair credibility or to reduce the effectiveness of US military activities. A permissive environment is characterized by—

  • A commonality of purpose for all parties.

  • A quantifiable problem (often a single, natural disaster).

  • Clear objectives (providing support until normalcy returns).

  • HN cooperation.

UNCERTAIN ENVIRONMENT

10-6. In an uncertain environment, FN forces do not have effective control of the territory and population in the intended AO. They may or may not be receptive to HA operations.

HOSTILE ENVIRONMENT

10-7. A hostile environment includes conditions, circumstances, and influences ranging from a civil disorder or a terrorist act to full-scale combat. Forces conducting HA must be prepared for a full range of contingencies. Commanders can employ forces to safeguard the populace, defend the perimeter, provide escort convoys, screen the local populace, and assist in personnel recovery operations. A hostile environment is characterized by—

  • Multiple conflicting parties.

  • Imminent danger to all parties.

  • Relief as a weapon manipulated by combatants for political gain.

10-8. The more hostile the environment, the less predictable the outcome of the mission. The HA forces must be prepared to counter actions by hostile forces attempting to disrupt the HA mission and to counter actions by a previously friendly populace. Commanders do not depend on their humanitarian mission to shield them from hostile acts. The joint forces commander (JFC) coordinates with higher authorities and determines the appropriateness of the use of force. The effects of the environment on HA activities are shown in Figure 10-1 . As the environment becomes more hostile, the requirement for security increases and the capability for HA (such as food distribution and medical assistance) decreases. (See FM 100-23-1 for more information on HA operations.)

Figure 10-1.  HA Environment

Figure 10-1. HA Environment

RULES OF ENGAGEMENT

10-9. The sensitive political and international nature of HA operations means that the CINC must coordinate the ROE details (which may change as the operation evolves) with the JFC. Under normal circumstances, the joint chief of staff's (JCS's) standing ROE apply to all military operations. The CINC requests supplemental measures to deal with the specifics of the mission. Actual ROE established for each HA mission depend on the individual situation and the operational environment.

10-10. The ROE development for forces participating in HA operations is essential to mission success and is characterized by restraint. The levels of force, tactics, and weaponry are evaluated and addressed. For multinational operations, all participating military forces establish common HA ROE to provide consistency within the force. Individual nations using separate ROE respond differently to the same situation. The following precepts are essential to the ROE for US military forces:

  • The right of self-defense is never prohibited. The two elements of self-defense are necessity and proportionality.

  • A unit commander defends against a hostile act or intent. A hostile act must occur or a hostile intent must be apparent. The use of force must be reasonable in intensity, duration, and magnitude to ensure the safety of forces.

LEGAL CONSIDERATIONS

10-11. Regardless of the circumstances under which US forces are employed, international law obligates the commander with respect to civilians, governments, and economics. Agreements or the law of land warfare usually specify the requirements. The Hague and Geneva Conventions and similar documents set forth treaty obligations, and FM 27-10 and other service publications explain the commander's legal obligations.

10-12. The JFC must be aware of existing international agreements that may limit the flexibility of the HA mission. Existing agreements may not be shaped to support HA operations. Military HA commanders dealing with HNs and IOs should anticipate the difficulties that international agreements can impose on HA operations.

10-13. Normally, the law of land warfare does not apply to HA operations. However, it is used in conjunction with the Geneva and Hague Conventions, protocols, and custom laws that may provide guidance to the JFC. Commanders, unless otherwise directed by competent authorities, comply with the principles and spirit of the law of land warfare during HA operations. Mission imperatives and tasks must have a sound legal basis, and commanders ensure that personnel conform to internationally accepted standards of behavior and actions—especially as they relate to the humane treatment of civilians, the respect for private property, and the use of force.

MILITARY POLICE SUPPORT

10-14. There are some key differences between MP support to DC operations and MP support to HA. Since HA operations are usually conducted in response to a disaster, the level of property devastation and human suffering may require special attention and planning considerations. One of the special considerations may be the need for temporary shelter. If the JFC determines that the availability of HN shelters or other services is inadequate, he may request the assistance and deployment of CS or I/R units to accomplish the HA mission. When the decision is made to employ an MP unit, the MP commander becomes the I/R facility commander.

10-15. The MP support to HA operations begins before the unit arrives in the TO or is tasked with the mission. The I/R facility commander has a thorough understanding of the legal considerations and the concept of operations, including how they apply to the MP mission. If time permits, the I/R facility commander contacts the JFC G5/S5, SJA, CA, and other organizations that may have a role in HA operations. The CA forces can provide expertise on factors that affect HA operations, such as—

  • The availability of HN agencies and the status of infrastructure.

  • Ethnic differences and resentments.

  • Social structures (family and regional).

  • Religious and symbolic systems (beliefs and behaviors).

  • Political structures (distribution of power).

  • Economic systems (sources and distribution of wealth).

  • Links among social, religious, political, and economic dynamics.

  • The cultural history of the area.

  • Attitudes toward US military forces.

10-16. When deployed to the TO, an I/R facility commander coordinates with and receives updated information from higher headquarters G5/S5, CA, and PSYOP; the HN; and applicable NGOs, IHOs, and IOs before setting up and operating an I/R facility. He uses the MDMP to determine the specific tasks the MP unit performs to accomplish the HA mission. Some considerations include—

  • Location.

  • Construction.

  • Setup.

  • Processing.

  • Screening.

  • ID.

  • Clothing and equipment.

  • Subsistence.

  • Dining facilities.

  • Medical and sanitation.

  • Self-government.

  • Control and discipline.

  • Administration.

  • L&O.

  • ROI.

  • Transportation.

  • Disposition.

LOCATION

10-17. The location of the I/R facility is extremely important, especially when responding to a disaster. Consider METT-TC, the susceptibility of the area to natural or man-made disasters (flood, pollution, and fire), and the use of HN personnel as a source of local labor support. The location also depends on the availability of supply routes, food, water, power, and waste disposal. The I/R facility commander selects the location of the facility after coordinating with JFC, CA, G5/S5, the HN, and other military and nonmilitary organizations.

CONSTRUCTION

10-18. Try to construct the facility using local agencies or government employees. The goal is to have the facility fully constructed and operational before accepting any civilians. This is important because the civilian population may have suffered total family or property loss and may not be in the best psychological or physical condition to help with construction efforts. Within legal limitations, use local sources and materials if they are available. Otherwise, use the supporting command's logistics and transportation assets to acquire and transport the resources required to build or modify existing facilities for HA operations. The supporting command and the HN also furnish medical, subsistence, and other supporting assets to establish I/R facilities. Engineer support and military construction materials may be necessary when I/R facilities are set up in areas where local facilities are unavailable or destroyed; for example, hotels, schools, halls, theaters, vacant warehouses, unused factories, or workers' camps. The TCMS can be used for HA operations. If necessary, MP units set up a facility using acquisitioned tentage and additional materials. The I/R facility commander considers the type of construction necessary to satisfy the needs of the HA operation. Some considerations are—

  • The local climate.

  • The anticipated permanency of the facility.

  • The number of facilities to be constructed.

  • Local materials available.

  • Military resources and assistance available.

SETUP

10-19. Subdivide the facility into sections or separate compounds to ease administration and alleviate stress among civilians. Each section can serve as an administrative subunit for transacting facility business. Major sections normally include facility headquarters, a hospital, a dining facility, and sleeping areas. Subdivide sleeping areas for families, unaccompanied children, unattached females, and unattached males. Consider cultural and religious practices, and try to keep families together. Figure 10-2 shows a sample HA I/R facility. Additional facilities, fencing, and other requirements are based on—

  • The number of civilians.

  • The diversity of the population.

  • Resources available.

  • The need for a reactionary force.

  • Guidance from higher headquarters, CA, and the HN.

  • The need for temporary storage.

  • The duration of the operation.

  • The number of animals to be housed.

  • The number of vehicles.

Figure 10-2. Sample HA I/R Facility

Figure 10-2. Sample HA I/R Facility

PROCESSING

10-20. Processing may or may not be required. Coordinate the decision to process civilians with NGOs, IHOs, IOs, the HN, CA, and other interested agencies. The initial reception begins with the transport of civilians from their neighborhoods or other places to the inprocessing center of the I/R facility. The HN (in coordination with NGOs, IHOs and IOs) normally arranges transportation. Civilians may be fearful and in a state of shock, so conduct processing in a positive manner. In most situations, they should clearly understand why they are being processed and know what to expect at each station. The facility commander, an HN representative, or another official conducts an entrance briefing to civilians upon their arrival.

10-21. While DC processing procedures in Chapter 9 provide a foundation, I/R facility personnel must be aware of unique aspects when conducting HA operations. Military personnel normally provide training and support, and HN authorities do the actual processing. The number and type of processing stations vary from operation to operation. Table 10-1 shows stations that are required for HA operations.

Table 10-1. Actions During Inprocessing

Station

Purpose

Responsible Individuals*

Actions

1 Accountability HN and I/R staff Prepare forms and records to maintain accountability of civilians. Use forms and records provided by the HN, CA, or those used for EPW/CI operations that may apply to HA operations.
2 ID card or band HN and I/R staff Issue ID cards or bands to facilitate administration and control of the facility if necessary.
3 Medical evaluation HN, I/R staff, and medical personnel Evaluate civilians for signs of illness or injury.
4 Assignment HN and I/R staff Assign each civilian a sleeping area.
5 Personal items HN and I/R staff Issue personal-comfort items and, if available, clothing.

*The number of people performing these tasks depends on the number of civilians and the time available. Allow HN authorities to conduct most of the inprocessing.

10-22. The I/R facility commander determines the accountability procedures and requirements necessary for HA operations. Translators are present throughout processing. A senior person greets new arrivals and makes them feel welcome. Brief civilians on facility policies and procedures and screen them to identify security and medical concerns. Offer them the use of personal-hygiene facilities, and always maintain family integrity.

10-23. Conduct pat-down searches to ensure that weapons are not introduced into the compound. Conduct same-gender searches when possible, and do not conduct strip searches. Speed and security considerations may require mixed-gender searches. If so, perform them in a respectful manner, using all possible measures to prevent any action that could be interpreted as sexual molestation or assault. The on-site supervisor carefully controls soldiers doing mixed-gender searches to prevent allegations of sexual misconduct.

SCREENING

10-24. Depending on the environment, screening may or may not be necessary. The screening process also identifies technicians and professionals to help administer the facility; for example, policemen, schoolteachers, doctors, dentists, nurses, lawyers, mechanics, carpenters, and cooks.

IDENTIFICATION

10-25. Identifying DCs may or may not be necessary; and it depends on guidance from higher headquarters, CA, and the HN. The need for ID varies from operation to operation, and it is used to—

  • Verify rosters against the actual population.

  • Provide timely reunification of family members.

  • Match civilians with their medical records in case of a medical emergency or evacuation.

  • Check identities of civilians against the transfer roster.

10-26. An ID card can be used to facilitate ID. It contains the civilian's name, photograph, and control number. The control number may be an ISN or a sequenced control number specific to the civilian. Color-coded IDs may be necessary to permit ID. An ID band permits rapid, reliable ID of an individual and may also be used in HA operations. While civilians cannot be prevented from removing or destroying bands, most will accept their use for ID purposes. When ID bands or cards deteriorate, replace them immediately.

CLOTHING AND EQUIPMENT

10-27. Supply civilians with adequate, suitable clothing and sleeping equipment if they do not have supplies with them. Requisition clothing and equipment through NGOs, IHOs, and IOs when possible. In a hostile environment, use available captured clothing and equipment. Ensure that civilians wear clothing until it is unserviceable, and replace it as necessary.

SUBSISTENCE

10-28. Ensure that food rations are sufficient in quantity, quality, and variety to maintain health and prevent weight loss and nutritional deficiencies. Consider the habitual diet of the civilian population. Ensure that expectant and nursing mothers and children under the age of 15 receive additional food in proportion to their needs. Increase the rations of workers based on the type of labor performed. Provide plenty of fresh potable water. Make minimal menu and feeding-schedule changes to prevent unrest among the population, and inform civilians when changes must be made.

DINING FACILITIES

10-29. Dining-facility requirements for HA operations are similar to those for DC operations. If deemed necessary, the I/R facility commander can authorize local procurement of cooking equipment. Consult with SJA to determine the purchasing mechanism and the legality of items being purchased. Coordinate with NGOs, IHOs, and IOs for food service support. A qualified food service person is authorized in each 19547AB I/R detachment, and a food operations sergeant and a first cook provide food service support for each compound. Train selected civilians to perform food service operations, and ensure that they are constantly supervised by US food service personnel.

MEDICAL AND SANITATION CONSIDERATIONS

10-30. The need for medical care and sanitation intensifies in an I/R environment due to its temporary nature, the lack of proper sanitation facilities, and the lack of basic community services (potable water and sewer). Enforcement and education measures ensure that the facility population complies with basic sanitation measures. Provide medical care via organic I/R medical personnel or coordinate with the appropriate HN medical authorities. To prevent communicable diseases, follow the guidance in FM 21-10 and other applicable publications. Conduct routine, preplanned health, comfort, and welfare inspections that appear to be random. Ensure that inspections cause minimal disruption of space and privacy. Inspections ensure that the facility is safe, sanitary, and hazard-free. When conducting inspections—

  • Ensure that their purpose is conveyed and emphasized to the civilian population.

  • Respect cultural beliefs such as religious tenets and shrines. The INS, international support groups, community leaders, CA, and HN authorities are good sources for information regarding cultural sensitivities.

  • Treat civilians and their possessions with respect.

SELF-GOVERNMENT

10-31. The I/R facility commander determines whether self-government is required and appropriate. If responding to a natural disaster, such as an earthquake, the civilian government may not be affected and the I/R facility may be used as shelter only. However, if the civilian government cannot be established or is nonoperational, self-government may be appropriate. Chapter 5 and AR 190-8 contain procedures for establishing a CI committee. Use the procedures as a model for establishing a CA self-government, and coordinate with CA for assistance.

10-32. Self-government leaders can help solve problems before they become major events. The infrastructure of self-government promotes a stable environment where rapport is built between the facility commander, the civilian leadership, and the civilian population. This, in turn, reduces tension and provides an effective means of communicating reliable information to the facility population.

10-33. Civilians can submit complaints and requests to the I/R facility commander via—

  • An elected civilian internment committee.

  • A written complaint.

  • A visiting representative of the UNHRC or a similar agency.

CONTROL AND DISCIPLINE

10-34. Controlling people is the key to successful facility operations. Civilians housed in I/R facilities during HA are not prisoners. Consider this fact when drafting rules and guidelines. Establish, maintain, and enforce discipline and security to avoid unstable conditions that may further affect civilians during HA operations. Establish and explain rules that can be easily followed by everyone in the facility. Coordinate with SJA and HN authorities to determine how to enforce rules and how to deal with civilians who violate noncriminal rules. Publish and enforce rules of conduct and update them as necessary. The I/R facility commander serves as the single POC and coordinates all matters with outside organizations or agencies. Keep barracks rules brief and to a minimum (see Figure 9-3).

10-35. Discipline and control also apply to I/R facility personnel. They—

  • Observe rigorous self-discipline.

  • Maintain a professional, impersonal attitude.

  • Follow the ROI and the ROE.

  • Cope with hostile or unruly behavior and incidents calmly.

  • Take fair, immediate, decisive action.

10-36. The I/R facility commander takes positive action to establish daily or periodic routines and responses that are conducive to good discipline and control. He ensures that I/R facility personnel—

  • Enforce policies and procedures.

  • Give reasonable orders decisively and in a language that residents understand.

  • Post facility rules, regulations, instructions, notices, orders, and announcements that residents are expected to obey in an easily accessed area. Ensure that the information is printed in a language that residents understand, and provide a copy to residents who do not have access to posted copies.

  • Ensure that residents obey orders, rules, and directives.

  • Report residents who refuse or fail to obey an order or a regulation.

  • Do not fraternize with residents.

  • Do not donate or receive gifts or engage in any commercial activity with residents.

ADMINISTRATION

10-37. Due to the large number of civilians requiring control and care, use HN civilians as cadre for facility administration when possible. The HN civilians should come from public and private welfare organizations and be under military supervision. Also encourage residents to become involved in facility administration. If possible, CA and I/R facility personnel organize and train cadre before the facility opens.

10-38. Problems might stem from civilians' state of mind. The difficulties they experienced may affect their acceptance of authority. They may have little initiative or may be uncooperative because of an uncertain future. They may be angry because of their losses, or they may resort to looting and general lawlessness because of their condition. The I/R facility commander can minimize difficulties through careful administration and—

  • Maintaining different national and cultural groups in separate facilities or sections.

  • Keeping families together.

  • Separating unaccompanied males, females, and children under the age of 18 (based on HN laws as to when a child becomes an adult).

  • Allowing civilians to speak freely to facility officials.

  • Involving civilians in facility administration, work, and recreation.

  • Establishing quick contact with agencies for aid and family reunification.

10-39. The I/R facility commander administers the facility to ensure that civilians are treated according to the following basic standards:

  • Do not restrict their movement except when necessary for public health and order.

  • Allow them to enjoy their fundamental rights.

  • Treat them as persons whose plight requires special understanding and sympathy. Provide necessary assistance, and do not subject them to cruel, inhumane, or degrading treatment.

  • Do not discriminate because of race, religion, political opinion, nationality, or country of origin.

  • Recognize that they are persons before the law who enjoy free access to the courts of law and other competent administrative authorities.

  • Provide them with necessities (food, shelter, and basic sanitary and health facilities).

  • Maintain family units when possible.

  • Provide assistance for tracing relatives.

  • Protect minors and unaccompanied children.

  • Allow them to send and receive mail.

  • Permit material assistance from friends and relatives.

  • Arrange for the registration of births, deaths, and marriages if possible.

  • Grant them the means necessary to obtain a satisfactory, durable solution.

  • Permit them to transfer assets to the country where they obtain a durable solution.

  • Take steps to facilitate voluntary repatriation.

  • Provide humane treatment and protect them against violence, intimidation, insults, and public curiosity.

10-40. Disseminating instructions and information to the facility population is vital. Communications may be in the form of notices on bulletin boards, posters, public address systems, loudspeakers, camp meetings and assemblies, or a facility radio station. The CA teams and area PSYOP units can help disseminate information.

10-41. Another tool for effective administration is using liaison personnel. Liaison involves coordination with all interested agencies. The US government and military authorities, allied liaison officers, and representatives of local governments and international agencies can provide assistance.

LAW AND ORDER

10-42. The I/R facility commander is also the safety and security officer. He deals with crimes against persons and property, performs security patrols, and conducts reaction team operations. If an L&O team is attached to the organization, it performs L&O-related functions. Otherwise, the commander uses organic resources, such as an MP guard company, to establish an MP desk and blotter and perform other specific functions. The location of the MP station depends on the facility's layout and the commander's needs.

10-43. Some other sources for security officers include local police forces, HN paramilitary and military forces, and the facility population. Police personnel within the population can supplement security teams or constitute a facility police force if necessary. Internal and external patrols are necessary; however, ensure that security does not give the impression that the facility is a prison. Base patrol areas and distribution plans on the size of the facility and the number of civilians in each subdivision. Before apprehending a civilian, the commander coordinates with SJA and HN authorities to determine his jurisdiction and authority. He determines the disposition and the status of the subject and the disposition of the case paperwork, evidence (including crime lab analysis results), and recovered property. The commander also obtains information on items, procedures, and agreements unique to the supported HN.

10-44. Be prepared to perform civil-disturbance operations to restore L&O if HN reactionary forces are unavailable. Identify a reactionary force that can be immediately deployed and employed inside the facility to control a disturbance. The size of the reactionary force depends on the facility population and the available military forces. The reactionary force is well trained, well organized, and knowledgeable of applicable ROE, the use-of-force policy, and the use of NLWs and civil-disturbance measures. (See Appendix B and FM 19-15 for more information.)

10-45. Basic guidelines and the foundation for I/R facility L&O are provided in FMs 19-10 and 19-20. The I/R facility commander tailors the forms and procedures to his specific mission.

RULES OF INTERACTION

10-46. The ROI provide soldiers with a guide for interacting with the civilian population. The following points may be included in the ROI:

  • Avoid discussing politics or other policies with civilians.

  • Avoid making promises. If cornered, reply with, "I will see what I can do."

  • Refrain from making obscene gestures because civilians may understand the meaning.

  • Avoid making derogatory remarks. Local linguists understand English and civilians might.

  • Treat civilians equally. They may become offended if they do not receive the same treatment or resources others receive.

  • Respect religious articles and materials.

  • Treat medical problems seriously.

  • Treat civilians with respect.

  • Greet civilians in their own language.

  • Clear phrases that civilians teach to soldiers through a linguist to ensure that they do not contain obscene language.

TRANSPORTATION

10-47. The I/R facility requires adequate transportation assets. Since MP units have limited organic transportation assets, the unit MCO, the CA transportation specialist, the HN, NGOs, and IHOs coordinate and determine the types and numbers of vehicles required and make provisions to have them on hand.

DISPOSITION

10-48. The final step in HA operations is the disposition of civilians. Allowing civilians to return to their homes as quickly as conditions permit lessens the burden on military and civilian economies. It also reduces the danger of diseases that are common among people in confined areas. When civilians return home, they can help restore their towns and can better contribute to their own support. If civilians cannot return home, they may resettle elsewhere in their country. Guidance on the disposition of civilians comes from higher authority upon coordination with US forces, national authorities, and international agencies.

SECTION II - EMERGENCY SERVICES

10-49. Government agencies are primarily responsible for ES (police, fire, rescue, and disaster preparedness). Military support to ES agencies can be provided as civil-military assistance. The ES operations are normally conducted in CONUS, but they can be conducted OCONUS.

IN CONTINENTAL UNITED STATES

10-50. In the US, the federal government is responsible for ES at all levels. It provides planning advice and coordinates research, equipment, and financial aid. State and local governments determine the allocation of these resources. In the event of an emergency, US forces are prepared to help civil authorities restore essential services, repair essential facilities and, if necessary, ensure national survival. Federal statutes and military regulations govern conditions for employing active component (AC) and United States Army Reserve (USAR) military forces. (See FM 100-19 for more information.)

10-51. The DOD components develop appropriate contingency plans for disaster assistance and ensure coordination with the appropriate federal, state, and local civil authorities. When a disaster is so serious that waiting for instructions from higher authority causes unwarranted delays, a military commander can take action under DOD Directive 3025.1. The directive authorizes military forces to respond immediately to save lives, prevent human suffering, and mitigate great property damage. This support cannot exceed 72 hours without DOD approval. The commander promptly reports the action to higher authority and requests guidance if continued support is necessary or beyond his capability.

10-52. The AC and USAR forces used in disaster relief are under the command of their military superiors. Other military participation and the use of military resources occur on a mission-by-mission basis and end at the earliest practicable time. Commanders ensure that personnel participating in domestic assistance are not in violation of the Posse Comitatus Act. This act prohibits the use of federal military personnel to enforce federal, state, or local laws unless expressly authorized by the Constitution or by an act of Congress. The act does not apply to state national guard (NG) forces unless they have been federalized. When placed on state active duty, NG forces (Army and Air) are under the C 2 of state authorities, not federal forces.

10-53. Measures to ensure the continuity of operations, troop survival, and the rehabilitation of essential military bases take precedence over military support of local communities. Consider requests for support on a mission-by-mission basis. With the exception of support directed in response to a nationally declared emergency, the military commander decides the necessity, amount, duration, and employment method of support rendered.

10-54. When committing USAR units or individual reservists to disaster relief operations, ensure that—

  • The President's reserve call-up allows CONUS deployment of USAR troops.

  • The commitment of USAR volunteers is consistent with Army policy for military assistance and is coordinated with the proper Corps of Engineer district or division to avoid duplication of effort. (The authority to commit USAR volunteers can be delegated no lower than CONUS Army.)

  • Civil authorities make a firm commitment to repay active-duty tour (ADT) costs.

  • State and local assets (including the NG) are committed if the requested assistance is within their capabilities.

10-55. A USAR commander can approve immediate-response, voluntary USAR participation during imminently serious conditions in a nondrill, nonpay status per DOD Directive 3025.1. The USAR members taking part in such support are performing official duty. The USAR commander—

  • Does not order members to participate.

  • Approves voluntary participation only when time or conditions do not permit seeking guidance from higher headquarters.

  • Ensures that state and local assets are fully committed if the requested assistance is within their capabilities.

  • Provides support on a mission-by-mission basis.

  • Discontinues support when adequate state and local assets become available.

10-56. The MP units assisting ES operations in CONUS involve DOD-sponsored military programs that support the people and the government at all levels within the US and its territories. These programs and operations are classified as domestic support, and civil law and military regulations closely regulate a commander's authority and responsibilities.

10-57. Protecting life and property within the territorial jurisdiction of a community is the primary responsibility of state and local governments and civil authorities. Federal armed forces can be employed when—

  • The situation is beyond state and local capabilities.

  • State and local authorities do not take appropriate action.

FEDERAL EMERGENCY MANAGEMENT AGENCY

10-58. The FEMA serves as the single POC within the US government for all emergency planning and management. It establishes and maintains a comprehensive, coordinated emergency management capability in the US. The FEMA plans and prepares for, responds and recovers from, and most importantly, mitigates the effects of emergencies, disasters, and hazards that range from safety and protection in the home to a nuclear attack. Within FEMA, two primary departments provide civil-defense plans and guidance.

Plans and Preparedness Department

10-59. The Plans and Preparedness Department develops and implements overall concepts and policy guidance. It directs activities for nationwide plans and preparedness for emergencies during peace and war. The department develops guidance for federal emergency plans and state and local response capabilities, including tests and exercises for communications, warning, and damage assessment systems. It also develops policy guidance for stockpiling strategic materiel and develops plans, systems, and capabilities—

  • To protect the US populace, government, and industry.

  • For resource management and stabilization of the economy during emergencies.

Disaster Response and Recovery Department

10-60. The Disaster Response and Recovery Department provides direction and overall policy coordination for federal disaster assistance programs. It advises the FEMA director on the mission, organization, and operation of the agency's disaster assistance program and the federal response and recovery capabilities. It administers federal disaster assistance and provides overall direction and management of federal response and recovery activities. The department develops summaries of existing situations to support the director's recommendation to the President on a state governor's request for a Presidential declaration of a major disaster or an emergency.

MILITARY POLICE SUPPORT

10-61. The MP can be extremely valuable to civil authorities during ES. The CS and I/R MP units can operate an I/R-type facility that may become essential during ES. The MP units may be called upon to provide shelter to people whose community has been struck by a powerful disaster, such as a tornado or a hurricane. When civil authorities request assistance, MP units may be deployed and employed as part of a JTF anywhere in CONUS or its territories.

10-62. The MP support to ES in CONUS varies significantly from other I/R operations. The basic difference is that local and state governments and the federal government and its agencies have a greater impact and role in supporting and meeting the needs of an affected community. In CMO for disaster relief, MP receive missions from the FEMA through the DOMS and the chain of command. The MP commander uses the MDMP to determine the specific tasks necessary to accomplish the mission. Using the same format as used in HA operations, the commander modifies and tailors the tasks as necessary.

10-63. If tasked to set up and operate an I/R facility, the MP commander retains control of military forces under his command. Depending on the situation, overall control of the facility may or may not be maintained by FEMA or the DOJ. Coordinate the location of the I/R facility with local authorities. The city chief of police, mayor, or ES director may have already selected a site that has easy access, is located on high ground, or is adjacent to other services.

10-64. The I/R facility commander may or may not be able to depend on local labor to help set up the facility. The victims' state of mind and their physical conditions may prevent them from participating in construction efforts. However, assistance may not be required if the Engineer Corps uses the TCMS to build shelters or if other shelters are available. Discuss the facility's setup with local, state, and federal relief agencies. Although the basic setup for HA operations may be adequate, the I/R facility commander can modify the setup to meet local needs. As a minimum, the facility should have stations for processing, medical screening, and distribution of personal-hygiene items.

10-65. Screening, classification, and ID requirements may not be needed in CONUS ES operations. Discuss these capabilities with local authorities to determine the need for them. As with HA operations, clothing requirements may exceed supply. This will be the case during destructive disasters such as tornadoes, fires, and hurricanes. Coordinate clothing, subsistence, medical, and dining-facility requirements with local, state, and federal relief agencies responding to the disaster.

10-66. Since the Posse Comitatus Act prohibits MP from enforcing civilian laws, local, state, and federal law enforcement officials perform discipline, control, and L&O of the facility. The MP can be used in conjunction with local, state, and federal law enforcement officials; but they cannot be directly involved in law enforcement functions such as search, seizure, and arrest. A facility staff member who observes a violation of criminal law reports the incident to civilian law enforcement officials. The ROI, if applicable, are provided by the JFC.

OUTSIDE CONTINENTAL UNITED STATES

10-67. The FNs are responsible for providing ES for their citizens. When requirements exceed their capabilities, they may request assistance through the US Embassy.

10-68. The DOD components support or participate in foreign disaster relief operations when the DOS determines that disaster relief will be provided to the requesting country. Military commanders at the immediate scene of a foreign disaster may provide prompt relief operations to preserve lives and prevent injuries when time is of the essence and when humanitarian considerations make it advisable. Commanders taking such action immediately report operations according to the provisions of DOD Directive 5100.46.

10-69. The Assistant Secretary of Defense (ASD) for Democracy and Peacekeeping is the approval authority for committing DOD resources or services to foreign disaster relief operations. The DASD for H&RA (Global Affairs) is the DOD coordinator for foreign disaster relief operations. The Logistics Directorate (J4) is the joint staff's POC for the DOD Foreign Disaster Relief and Humanitarian Assistance Program.

10-70. The ASD for International Security Affairs approves DOD supplies and services for disaster and humanitarian purposes. He provides supplies and services from the most expedient source, which is normally the geographic command from whose theater the request emanates.

10-71. The geographic CINC assumes the primary coordinating role for providing DOD supplies and services. The military departments and the joint staff support the designated commander of a unified command as required, primarily by coordinating interdepartmental approval and funding processes through the DASD for H&RA (Global Affairs).

10-72. When a request emanates from a country not assigned to a geographic CINC under the Unified Command Plan, the joint staff or the J4 assumes the primary coordinating role in conjunction with the DASD for H&RA. Requests for DOD assistance are received from the DOS or the USAID through the OFDA.

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

10-73. The USAID administers the President's authority to coordinate assistance in response to disasters, as declared by the ambassador within the country or a higher DOS authority. The USAID is authorized to provide assistance, notwithstanding any other provision of law. This authority allows the USAID to expedite interventions at the operational and tactical levels using NGOs and other relief sources. The USAID—

  • Organizes and coordinates the US disaster relief response.

  • Responds to requests for disaster assistance.

  • Initiates procurement of supplies, services, and transportation.

10-74. The Foreign Assistance Act is the authority for providing disaster relief to—

  • Preserve life and minimize suffering by providing sufficient warning of natural events that cause disasters.

  • Preserve life and minimize suffering by responding to natural and man-made disasters.

  • Foster self-sufficiency among disaster-prone nations by helping them achieve some measure of preparedness.

  • Alleviate suffering by providing rapid, appropriate responses to requests for aid.

  • Enhance recovery through rehabilitation programs.

10-75. The USAID coordinates with the DOD on matters concerning defense equipment and personnel provided to the affected nation and to arrange DOD transportation. DOD Directive 5100.46 establishes the relationship between the DOD and the USAID. The DASD for H&RA is the primary POC. When the USAID requests specific services from the DOD, typically airlift, it pays for the services. The CINC coordinates with the OFDA to arrange military and civilian assistance efforts. The USAID provides an excellent means for military and civilian operational-level coordination.

10-76. The USAID has operational links and grants relationships with many NGOs and IOs that have relief programs outside the US. These include the ICRC, the IFRC, the UNICEF, and the WFP. The USAID also coordinates with other governments responding to disasters through donor country coordination meetings to solve operational and political problems. The USAID can deploy a disaster assistance response team (DART) into the AOR to manage US relief efforts.

DISASTER ASSISTANCE RESPONSE TEAM

10-77. The DART concept was developed to provide rapid response to international disasters. A DART provides specialists trained in a variety of disaster relief skills who assist US Embassies and the USAID in managing the US government's response to disasters.

10-78. The activities of a DART vary depending on the type, size, and complexity of the disaster. The DARTs coordinate with the affected country, other assisting countries, NGOs, IOs, and US military assets deployed to the disaster. During rapid-onset disasters, DARTs—

  • Coordinate the needs assessment.

  • Recommend US government response actions.

  • Manage US government on-site relief activities.

During long-term, complex disasters, DARTs—

  • Gather information on the disaster situation.

  • Monitor the effectiveness of current US government-funded relief activities.

  • Review proposals of relief activities for future funding.

  • Recommend follow-on strategies and actions to the OFDA.

10-79. The number of people assigned to a DART depends on the activities needed to meet the strategic objectives. A DART consists of five functional areas—management, operations, planning, logistics, and administration:

  • Management . It includes the oversight of DART activities, NGOs, IOs, other assisting countries, and the US military. It also involves the development and implementation of plans to meet strategic objectives.

  • Operations . It includes all operational activities carried out by a DART, such as search, rescue, and aerial operations; technical support; and medical response. This function is most active during rapid-onset disasters.

  • Planning . It includes collecting, evaluating, tracking, and disseminating information on the disaster. It also includes reviewing activities, recommending future actions, and developing operational (tactical) plans.

  • Logistics . It includes providing support to the OFDA and DARTs by managing supplies, equipment, and services and by ordering, receiving, distributing, and tracking people and US government-provided relief supplies.

  • Administration . It includes the management of contracts, the procurement of goods and services required by the OFDA and DARTs, and the fiscal activities of DARTs.

10-80. The DART team leader organizes and supervises the DART. He is delegated authority from and works for the Assistant Director for Disaster Response or his designee. The delegation lists the objectives, priorities, constraints, and reporting requirements for the DART.

10-81. Before the DART departs, the team leader contacts the USAID or the US Embassy (if present in the affected country) to discuss the situation; review the structure, size, objectives, and capabilities of the DART; and identify the areas of support needed by the DART. Upon arriving in the affected country, he reports to the senior US official or the appropriate country official to discuss DART objectives and capabilities and to receive additional instructions and authority.

10-82. While in the affected country, the team leader advises the USAID or the US Embassy and receives periodic instructions from the agency. The DART follows instructions unless they conflict with OFDA policies, authorities, and procedures. Throughout the operation, the team leader maintains direct LOC with the OFDA.

10-83. The USAID or the US Embassy and the OFDA determine the duration of a DART operation after reviewing the disaster situation and the progress in meeting operational objectives. The DART is a highly flexible, mobile organization that is capable of adjusting its size and mission to satisfy the changing needs of the disaster situation.

10-84. A DART normally tailors its capabilities to the particular situation. It assesses the damage to the civil infrastructure, helps operate temporary shelters, and manages a CMO center. The CA units serve as liaison between military and local relief organizations, NGOs, IOs, and DARTs.

MILITARY POLICE SUPPORT

10-85. The I/R unit support to ES OCONUS is similar to MP support during HA operations. The location, setup, construction, and tasks are based on the nature of the emergency and the needs of the HN.



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