Disaster Relief

Under the Stafford Act, who must activate the request and demonstrate the need for assistance?

The Governor

Which Act was created to limit the powers of the federal government in the use of federal military personnel on Title 10 status to enforce domestic policies within the U.S.?

The Posse Comitatus Act of 1878, 10 USC 1385

What are the maximum amount of days the President may direct the DoD to provide "emergency work" before the declaration of either an "emergency" or a "major disaster"?

10 days.

What statute allows the President to declare a "major disaster"?

42 U.S.C. Section 5170

What was the Stafford Act's purpose regarding disaster relief?

Designed to provide a means for the Federal Government to assist State and local resources in major disasters or emergencies when State or local resources have been or will be overwhelmed. The intent would be to alleviate suffering and damage.

Which Act allows Federal agencies to provide support to other Federal agencies on a reimbursable basis? And what statute does it fall under?

Economy Act or "Agency Agreements" and 31 USC section 1535.

The authorities granted to the President following an "emergency" declaration are similar to those granted following "major disaster" declaration. However, emergency assistance is limited in time and scope and the total assistance may not exceed $4 million for a single emergency, unless the President determines there is a continuing and immediate risk to lives, property, public health or safety, and necessary assistance will not otherwise be provided on a timely basis.

False, the total assistance may not exceed $5 million for a single emergency.

Under what regulation is emergency authority authorized when the President is impossible and duly constituted local authorities are unable to control the situation, to engage temporarily in activities that are necessary to quell large-scale, unexpected civil disturbances.

IAW DoDD 3025.18 & AFI 10-801 para 1.5.1.2.

Which authority allows the DoD to take immediate action to assist civil authorities or the public to save lives, prevent human suffering, and mitigate great property damage under imminent serious conditions.

Immediate Response Authority

What are examples of a federal disaster declaration?

Major Disaster, Emergency, Emergency Work, Emergency (not "Major")

What is a Domestic emergency defined?

Natural or manmade disasters of Presidential emergency or major disaster declaration.

What is considered a Complex Catastrophe?

Natural or manmade incident including cyberspace attack, power grid failure and terrorism...affecting population, environment, economy, public health, morale, response, and/or government functions.

Does the Economy Act authorize assistance to stat-funded or local agencies?

No.

Which Act does the IRA (Immediate Response Act) NOT allow exceptions to prohibitions?

Posse Comitatus Act (PCA)

What criteria do JAGs review when responding for a request for support of the DSCA?

The legality, lethality, risk, cost, appropriateness, & readiness.

Under the Economy Act, equipment loads are authorized without reimbursement as long as the borrowing agency pays for what?

The operating costs and returns equipment in like condition.

What are the fundamental principles of the DSCA?

The states maintain primary responsibility, National Guard units are primary military responders, Federal assistance premised upon a request from the state Governor (after demoing their resources cant support), and DoD support to civil authorities is tightly controlled.

The Immediate Response Authority may verbally request relief, but it must be followed up as a written request. The Chain of Command should be notified and the response will end when no longer needed.

True.

Under the Stafford Act, which USAF MAJCOM provides support for disaster relief?

USNORTHCOM

Does the PCA (Posse Comitatus Act) have any exceptions?

Use of ISR to counteract terrorism, Use of National Guard on Title 32 Orders, Use of military equipment and facilities (nuclear materials and weapons of mass destruction)

What is a Mutual Aide Agreement or Plan

When the Installation Commander authorizes to have pre-existing MOU and MOA in order to have reciprocal firefighting support and emergency services as well as military working dog or drug searches/EOD.

When can the President direct federal disaster relief without the request on an affected Governor?

When the President declares an "Emergency" (not a "Major Disaster") involving an area for which the U.S. exercises exclusive or preeminent responsibility and authority.

Can a Commander enact emergency authority if authorities are unable or decline to provide adequate protection for Federal property or gov functions?

Yes

Under the Stafford Act, are federal agencies immune from liability?

Yes.

Once the President issues a ______________________________________, the affected area (State) becomes eligible for Federal assistance.

federal disaster declaration