ADP 3-28

what is the authority of the president in national emergencies

When confronted with a national crisis or emergency where there is no expressed constitutional or statutory authority, the President can present the matter to the Congress and wait for legislation that will authorize him or her to act. In addition, the President can take immediate action based on the President's inherent authority to act when no one else is capable of doing so

what FEMA region is WI in?

Region 5 based out of Chicago

What is the Posse Comitatus Act?

Restricts military personnel from being used to enforce civilian laws EXCEPT under the authority of the US Constitution, The President, and Act of Congress

what regulations are national guardsmen under when on title 32 orders?

State Code of Military Justice.

generally what are the things that a state governor are allowed to do in an emergency

Suspend statutory and regulatory provisions that otherwise might hinder response to a disaster. -Evacuate citizens from an emergency area. - Require hospitalization for those injured during a disaster. - Control ingress and egress into an emergency area to direct the evacuation of residents and prescribe transportation routes. -Provide temporary shelter. -Commandeer property (with compensation). - Control or suspend utility services. - Limit or suspend the sale and possession of alcohol and explosives following a disaster or emergency.

can many government agencies such as the Department of Agriculture or Department of Commerce formally request DOD/military assistance in a state of emergency.

YES! if their resources are overtaxed.

can federal army commanders use federal military soldiers as law enforcement if there is absolutely no time to get approval from the president and government property and lives are at stake?

Yes they can.

what is the role of the wisconsin emergency managment agency?

The State's version of FEMA, they are tasked with rapidly expanding and handling emergencies as outlined in the Emergency response plan.

which military branch also serves as a branch of the Department of Homeland Security

The coast guard.

who does the Posse Comitatus Act apply to

The national guard.

What is USNORTHCOM? and what does it do?

US Northern Command, it's mission is the defense of the North American Continent on the Land, Air, and Sea. It is also the federal organization that aids civilian agencies in national emergencies (used in the BP oil spill in the 2000's)

what is the NATIONAL SECURITY STRATEGY

a document approved by the President of the United States for developing, applying, and coordinating the instruments of national power to achieve objectives that contribute to national security

what must the army document of their support provided?

all direct and indirect costs of their support.

what are the commanders of the USNORTHCOM and USPACOM allowed to do with DSCA?

allowed to authorize and provide limited DSCA assistant in their respective areas. Such as allowing 60 day deployments after a request from an agency such as FEMA and notifying the DOD.

what situation allows the president to declare a state of emergency within a state without a formal request for aide from the governor.

an area or facility over which the federal government exercises exclusive or primary responsibility by virtue of the Constitution or a federal statute

what is a catastrophic event?

any natural or man-made incident, including terrorism, which results in extraordinary levels of mass casualties, damage, or disruption severely affecting the population, infrastructure, environment, economy, national morale, and/or government functions. Which could span across many states. (like a cyber attack and loos of electricity in a whole state)

can "state defense forces" or "State Guard" forces be called up to be federal? can they act as state law enforcement? who is typically in charge of them

cannot be called up for federal, can act as state law enforcement, Adjutant general typically in charge of them.

what is a DCO?

"defense coordinating officer" there is one assigned to each FEMA reigion/office.

what happens under martial law?

Civilian law is suspended and commanders of areas make and enforce their own laws.

what are exceptions to the Posse Comitatus act?

-CBRN Emergencies or Transaction, -To put down an insurrection. (does not require approval from the governor or congress)

What are the 4 key Defense Support Civil Authority Tasks

-Provide support for domestic disasters. -Provide support for domestic chemical, biological, radiological, and nuclear incidents. -Provide support for domestic civilian law enforcement agencies. -Provide other designated support.

What are the core purposes of the defense support civil authority

-Save lives. -Restore essential services. -Maintain or restore law and order. -Protect infrastructure and property. -Support maintenance or restoration of local government. -Shape the environment for intergovernmental success.

how many national guards are there?

54 (Guam, Puerto Rico, District of Columbia, Virgin Islands, District Of Columbia)

what is the Wisconsin Emergency Response Plan

A document that outlines the things that permit different classifications of emergencies, the actions the governor are permitted to take, and the plan for all different types of disasters.

what is the definition of DSCA (defense support civil authorities)

DSCA is support provided by federal military forces; DOD civilians; DOD contract personnel; and DOD component assets, to include NG forces, in response to a request for assistance from civil authorities for domestic emergencies, cyberspace incident response, law enforcement support, and other domestic activities or from qualifying entities for special events. DSCA includes support to prepare, prevent, protect, respond, and recover from domestic incidents. DSCA is provided in response to requests from civil authorities and upon approval from appropriate authorities. DSCA is only conducted in the US homeland

what does ADP 3-28 cover

Defense Support of Civil Authorities

through what agency does the president authorize any federal agency to use personnel, equipment, facilities, and technical and advisory services to support state and local authorities.

FEMA "Federal Emergency Management Agency"

What does FEMA stand for?

Federal Emergency Management Agency

What is FEMA

Federal Emergency Management Agency directs various federal agencies that deal with disasters relating to public health and environmental health such as Environmental Protection Agency (EPA) and Department of Health and Human Services (DHHS)

what is the NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS)

NIMS is a process providing a management template that applies to all incidents, all levels of government, all homeland security partners, and all functional disciplines regardless of the cause, size, location, or complexity of an incident.

what is EMAC (emergency management assistance compact)?

The Emergency Management Assistance Compact is a mutual aid agreement among states and territories of the United States. It enables states to share resources during natural and man-made disasters, including terrorism

what is a major disaster declaration

The President may declare a major disaster when an incident is severe enough to necessitate federal assistance to save lives, protect property, or lessen or avert the threat of a catastrophe.

what is the Department of Defense Ten Day Emergency Work Authority, does it require a declaration of emergency or major disaster?

The President may direct the Secretary of Defense to send federal military forces on an emergency basis to preserve life and property for a period not to exceed ten days (example; debris removal from 9/11). It does not require a declaration of major disaster or state of emergency

what is Accelerated Federal Assistance, who covers the cost?

The President may rapidly deploy critical resources to help victims where the President (1) has previously issued a major disaster or emergency declaration and (2) later determines a situation is critical, but the state has not requested assistance. Moreover, the federal government would cover the cost because the state did not request assistance.

can national guardsmen do National guard civil support while under title 10 orders?

no only DSCA under title 10 orders

do national guardsmen conduct defense support civil authories action under title 32 orders?

no, its technically called "national guard civil support"

what are title 32 orders

orders form the governor placing national guardsmen into state active duty status under federal approval. Under command of the governor.

what are title 10 orders

orders placing national guardsmen into federal active duty status for national defense, emergency, or a federal role. under command of the president

what is a dual status commander

someone appointed/approved by the secretary of defense, president, & governor to be the dual commander of both federal and reserve forces.

what defines how military forces support civil authorities

state and federal laws.

what is The legal authority for National Guard members to support law enforcement derived under?

state laws.

What is the Adjutant General?

the AFNG or ARNG general who is in command of the whole national guard.

what is the NATIONAL RESPONSE FRAMEWORK (NRF)

the NRF emphasizes response. Response refers to immediate actions to save lives, protect property and the environment, and meet basic human needs. Response includes executing emergency plans and supporting short-term recovery and stabilization of communities

The National Emergencies Act of 1976 gives the president what authority? how is this authority checked?

the President may seize property, organize and control the means of production, seize commodities, assign military forces aboard, institute martial law, seize and control all transportation and communication, regulate the operation of private enterprise, restrict travel, and, in a variety of ways, control the lives of U.S. citizens. Moreover, Congress may modify, rescind, or render dormant such delegated emergency authority.

what act allowed the president to activate the NG for national emergencies under section section 12406 of Title 10

the Stafford Act

who is in charge when both civil and military forces are handling a situation

the civil authorities are in charge, military is just support.

who funds title 32 orders?

the federal government funds title 32 orders but it is administered by the state,

who determines what actions are taken in state emergencies, what do they do if they declare a state of emergency

the governor decides the plan for emergencies, if they declare a state of emergency they activate the national guard and contact FEMA. (federal emergency management agency)

what is the definition of homeland defense

the protection of U.S. sovereignty, territory, domestic population, and critical infrastructure against external threats and aggression or other threats as directed by the President.

what must a governor do in order for a president to declare an emergency?

they must formally request federal support.

during a catastrophic event, the federal army is allowed to act as law enforcement. However under what rules and who's control?

under the rules of the Constitution (U.S Laws), DOD rules, and they are under civilian authority (FEMA authority)

when do military forces depart from a situation in conjunction with civil authorities

when the civil authorities have the situation under control.

When does UCMJ apply to national guardsmen

when they are on Title 10 orders (federal orders)

can the federal government (fed military) enforce interstate and costal quarentines?

yes the federal gov/mil can enforce quarentines.