MEMORANDUM
TO: Mayor Muriel Bowser
FROM: xxxxxx, Chief Counsel
RE: Radiological Dispersal Bomb Detonation
DATE: November 1, 2018
Questions Presented
Due to the bioterrorist attack that has occurred this afternoon, the nation’s capital is in a state of chaos. The city’s government, along with the federal government is responding to the attack. Due to the complex nature of this incident, several questions have been asked by government officials and emergency managers. This memo will propose and answer several of the major questions relating to the explosion of the Radiological Dispersal Bomb (dirty bomb) a few hours ago.
1) What actions should the Mayor take?
2) Should the President declare a federal emergency and involve the Department of Homeland Security (DHS) or Health and Human Services?
3) Can the President deploy troops to the scene?
4) Can the Secretary of Health and Human Services declare a public health emergency?
5) Can hospitals close their emergency rooms to new patients?
Short Answer
1) The Mayor should continue the evacuation process, activate EMAC, activate the National Guard, request Department of Defense response, issue a RFA, and obtain a emergency declaration.
2) The President should declare a federal emergency and involve DHS and HHS.
3) Yes, the President can deploy troops to the scene.
4) Yes, the Secretary of Health and Human Services can declare a public health emergency.
5) Hospitals cannot completely close their emergency rooms to new patients, but they can go on diversion status.
Statement of Facts
At 12:45 PM EST, a school bus parked at the foot of Capitol Hill exploded. The National Gallery of Art collapsed along with a portion of the west front of the Capitol. Several other buildings and vehicles caught fire. Five minutes after the initial explosion, radiation sensors in the area of the blast spiked. Initial reports estimate that the bomb that was inside of the school bus contained around 1000 curies of Cesium-137. Several fatalities and injuries have been confirmed, including the Majority Leader of the Senate. The decontamination process for survivors at the immediate scene has begun. The police department is attempting to close off streets within a one-mile radius around the scene but has been unsuccessful so far due to a lack of manpower. The metropolitan transit authority has closed all subway stations in the downtown area and has directed all buses and subways currently operating to transport all passengers to stops at least two miles from the scene. People are disregarding police barriers and officers are not confident in the amount of force they can use to stop them. The media has begun to report that the explosion was a dirty bomb and are advising that anyone in the hot zone should shelter in place.
Mobile decontamination units are being set up at the exits of the police cordon. Response units from neighboring states are beginning to arrive. Workers who do not have the proper personal protective equipment are refusing to enter the scene and have been terminated from their positions. A RBD squad from a nearby army base has arrived and brought additional decontamination equipment. They have also begun questioning certain people who pass through a checkpoint on the National Mall. Outside the hot zone, thousands of people have tried to escape and roads are gridlocked. There have been confirmed fatalities due to traffic conditions. Police have closed some streets to everyone except emergency personnel. Hospitals in the immediate area are struggling to handle the number of casualties being brought in. Many people are walking into the already overwhelmed emergency rooms. Hospitals have been flooded with calls from people seeking information about loved ones who they think may have been involved in the explosion.
Discussion
1. The Mayor should continue the evacuation process, activate EMAC, activate the National Guard, request Department of Defense response, issue a RFA, and obtain an emergency declaration. An evacuation order issued in good faith is protected from retrospective scrutiny. Physical force cannot be used to enforce a mandatory evacuation, but the use of coercive or quasi-coercive methods are encouraged. Individuals with special needs should be taken into account when discussing evacuations. The adequacy of warnings and information must also be thought about, especially for those who have limited English language profiency, along with those who are disabled. It is also imperative to have accomodations for service animals and pets. Congress enacted legislation after Hurricane Katrina that required emergency response plans have arrangements for pets and service animals.
2. EMAC is a non-binding, collaborative arrangement of emergency managers that provides a legal framework for states to assist one another in managing a disaster or an emergency that has been declared at the state level. HSEMA has also requested the activation of the District of Columbia Army National Guard.
The Mayor should quickly request assistance from the Department of Defense. Department of Defense response at the municipal, county, or tribal level is provided under Immediate Response Authority (IRA). When time does not permit prior approval from higher headquarters, then local military commanders or responsible officials of other DoD components may, in imminently serious conditions and upon request from local authorities, provide support to: save lives, prevent human suffering, and mitigate great property damage. To initiate the IRA, a Request for Assistance (RFA) must come from some civil authority, like the mayor, police chief, or an emergency management official. This request can be made verbally, but for tracking and funding purposes, a follow-up in writing is desired. After 72 hours, the response is generally no longer considered immediate and falls into the category of restoration/recovery, although the Secretary of Defense or President may authorize a response for up to ten days.
The Mayor can declare a local state of emergency but is not required to request a federal declaration because this incident took place in a federally-controlled area.
In this case, the mayor can declare a local state of emergency but it is not required due to the location of this incident. Because the responsibility of this event rests primarily with the federal government, the President can declare an emergency without a request from the mayor. This does not prevent the mayor from later requesting a major disaster declaration for other unmet needs. I foresee both of these things happening quickly. The President will involve the Department of Homeland Security and Health and Human Services. Because this is a terrorist attack, the FBI and Department of Homeland Security will be leading the investigation into the incident. Due to the biological nature of the explosion, Health and Human Services will need to be involved to make this an official public health emergency.
3. Because of the Insurrection Act, the president can call troops to the disaster scene. This act was amended after Hurricane Katrina to include the authority of the President to deploy military resources and personnel to enforce laws during and after epidemics, natural disasters, terrorist attacks, and serious public health emergencies. Usually, the commitment of Federal military forces for civil support operations follows a Presidential disaster declaration under the Stafford Act. Federal military support may range from installation support up to commitment of major portions of the military’s Active Duty commands. After the disaster declaration, FEMA, through the Federal Coordinating Officer, (FCO), coordinates with the Defense Coordinating Officer (DCO) to prepare a request for DSCA and submits it to the Department of Defense Executive Secretary. In addition, the President may bypass the usual request process and order the military to provide support.
4. Under MSEHPA, the governor in consultation with the Director of HSEMA, can declare a public health emergency. In this case, the mayor can declare a Public Health Emergency (PHE) but since the main responsibility for this falls with the federal government, the Secretary of the Department of Health and Human Services (DHHS) will most likely do this. Under section 319 of the Public Health Service Act, the Secretary can declare a PHE after consulting with public health officials in the event of a bioterrorist attack. This will allow the Secretary to do several things including providing supplies, equipment, and detail employees of DHHS to the city.
5. Because the emergency rooms are overwhelmed and have reached their capacity, they have the right to go on diversion status. This means that ambulances transporting patients are sent to the next closest hospital. When there is an official public health emergency, the Emergency Medical Treatment and Active Labor Act (EMTALA) screening requirements may be waived. This may allow for “the redirection or relocation of an individual to receive medical screening in an alternate location pursuant to appropriate State emergency preparedness plan”. In addition to the EMTALA screening and treatment requirements, some medical privacy rules can also be waived during a declared emergency.
Conclusion
In conclusion, evacuations and the activation of EMAC should happen quickly. HSEMA has authorized the activation of the District of Columbia Army National Guard. Mobilization will begin soon as well as the President sending in federal military assistance. The majority of responsibility for this event lies with the federal government due to the areas targeted. The President should soon send out a Presidential emergency declaration. The mayor will should also soon request a major disaster declaration. The Secretary of the Department of Health and Human Services, along with the mayor, can declare a Public Health Emergency due to the radiological nature of this bioterrorist incident. Hospitals have the right to go on diversion status when their emergency departments become filled to capacity. Considering each of these, the mayor should work closely with both local and federal officials to ensure that normalcy is regained to the city as soon as possible.