JP 3-28, page 119

E-1 APPENDIX E KEY LEGAL AND POLICY DOCUMENTS 1. National Guidance a. HSPD-5, Management of Domestic Incidents. HSPD-5 assigns the Secretary of Homeland Security as the principal federal official for domestic incident management to coordinate the USG’s resources utilized to prepare for, respond to, or recover from terrorist attacks, major disasters, or other emergencies. The USG assists state and local authorities when their resources are overwhelmed or when federal interests are involved. HSPD-5 directs that SecDef shall provide support to civil authorities for domestic incidents as directed by the President or when consistent with military readiness and appropriate under the circumstances and the law. SecDef retains command of military forces providing DSCA. Additionally, HSPD-5 directs the Secretary of Homeland Security to lead and manage the development of NIMS to provide a consistent nationwide approach for federal, state, and local governments to work effectively and efficiently together to prepare for, respond to, and recover from domestic incidents. b. PPD-8, National Preparedness. PPD-8 is aimed at strengthening the security and resilience of the US through systematic preparation for the threats that pose the greatest risk to the security of the nation, including acts of terrorism, cyberspace attacks, pandemics, and catastrophic natural disasters. National preparedness is the shared responsibility of all levels of government, the private and nonprofit sectors, and individual citizens. Everyone can contribute to safeguarding the nation from harm. As such, while this directive is intended to galvanize action by the USG, it is also aimed at facilitating an integrated, all- of-nation, capabilities-based approach to preparedness. c. NSHS. Prepared for the President by the Office of Homeland Security, this document lays out the strategic objectives, organization, and critical areas for HS. The strategy identifies critical areas that focus on preventing terrorist attacks, reducing the nation’s vulnerabilities, minimizing the damage, and recovering from attacks that do occur. d. The Homeland Security Act of 2002. This act established DHS to coordinate all federal HS activities to protect the nation against threats to the homeland. To better facilitate the overarching HS mission, Congress established DHS by merging numerous agencies into a single department. e. The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Title 42, USC, Chapter 68, Section 5121). This act sets the policy of the USG to provide an orderly and continuing means of supplemental assistance to state and local governments in their responsibilities to alleviate the suffering and damage that result from major disasters or emergencies. It is the primary legal authority for federal participation in domestic disaster relief. Under the Stafford Act, the President may direct federal agencies, including DOD, to support disaster relief. DOD may be directed to provide assistance in one of three different scenarios: a presidential declaration of a major disaster, a presidential order to perform emergency work for the preservation of life and property, or a presidential declaration of emergency.