Overview
Evidently, it must be admitted that America has been one of the countries that have been experiencing devastating man-made and natural disasters in the world. The common disasters in as many years in America have been the events of hurricanes that left many dead and a lot of property destroyed including infrastructure. Over the years, the government and other stakeholders have been enacting and establishing laws to ensure coordination during disasters and emergencies across states, local communities, and the entire country. The paper aims to analyze the role of legal provisions, different levels of government, and the collaboration therein and seeks to illustrate that the response to incidents is an all-inclusive exercise.
How U.S. Government Legal Framework Operates and Interacts With State and Local Governments
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It must be noted that the aftermath of Hurricanes Katrina and Rita made all stakeholders especially those in authority to wake up to the reality that more legal provisions and guidelines were needed to provide practical mechanisms of dealing with disasters and emergencies in the United States (Burns, 2006). In this regard, the President is mandated by the Constitution to issue directive based on disasters and emergency matters. As a result of Hurricanes Katrina and Rita, the Federal Government through President Obama issued the National Response Framework and the National Disaster Recovery Presidential Policy Directive 8 which played a pivotal role in providing guidance on national responses to all types of emergencies as well as disasters including effective recovery to the areas that were impacted by a disaster.
Under the National Response Framework, coordinating structures help disaster preparedness and response at all government levels including in the private sector, communities, and non-governmental agencies (FEMA) . Further, the coordinating structures help in measuring and organizing the entire capability of all stakeholders with the aim of addressing the requirements of the response mission area, including facilitating the process of problem-solving, improving access to response resources, as well as fostering coordination process before and after an incident.
Critically to note is that flexible, scalable, and adaptable structures of coordinating response process are necessary to align the primary roles as well as responsibilities of delivering the capabilities of the response mission area (Burns, 2006) . On the other hand, the flexibility of this system of structures aids in ensuring that all communities in the country can have organized efforts in addressing various risks depending on their specific needs, governing structures, capabilities, demographics, and other stakeholders. Notably, the NRF is not based on a one-size-fits-all kind of organizational construct, rather the framework acknowledges the concept of tiered response, which emphasizes that response to disasters and emergencies need to be handled at the jurisdiction’s lowest level which can handle the mission (Burns, 2006) . In addition, the coordinating structures can be fully or partially implemented in consideration of the eminent threat, in expectation of a significant event, or when stakeholders are responding to a particular incident. Apparently, Selective implementation of the process helps in allowing for scaled responses, delivery of the specific and needed resources, as well as offering coordination process relevant to specific incidents.
Based on the above overview, it would be prudent to note that the NRF not only provides guidelines on the coordinating structures but more so enhances the country’s resilience to all types of disasters and emergencies (Burns, 2006) . The local states and jurisdictions have been tasked to employ various coordinating structures in helping to identify risks, establishing relationships, organizing as well as building capabilities. In addition, based on the unique geographic conditions, unique partnerships, threats, as well as established capabilities experienced by each jurisdiction, the structures of coordinating as such are different (FEMA) (Zuckerman, 2012) . Some of the common local structures are the CERTs, committees for planning, as well as chapters of national-level associations which are responsible for organizing and integrating their and abilities and resources with neighboring states and jurisdiction, the private organizations or institutions, states, and NGOs.
On the other hand, it is important to note that state and territories play a critical role in leveraging the resources and capabilities of stakeholders within states or territories after identifying the needs as well as building capabilities (Burns, 2006) . At the same time, the structures of coordinating at the territorial and state levels differ based on the aspects which include industry, population, geography, and the local jurisdictions’ abilities within the state (Homeland Security, 2013) . On the same note, these structures have as well been designed to ensure the leveraging of suitable representatives of the community. In fact, some representatives do engage in regional and local structures of coordination. Apparently, most territories and states come up with independent councils and committees focusing on particular functions and areas as sub-sets of their emergency agencies of management.
The Tribal Coordinating Structures includes the Tribal Assistance Coordination Group, or TAC-G, which is a Multiagency Coordination (MAC) group that helps the tribes that are federally recognized during disasters and emergencies (Schuster, 2014). The group also provides technical and information assistance for programs related to tribal emergency management. Additionally, in circumstances when tribal governments are not able to meet the required resources, they have been allowed by the Stafford Act to seek assistance from the Federal government or the States (FEMA). However, they are advised to form strong relationships with the local stakeholders as well as the states since these jurisdictions may have adequate resources to deal with the disaster or emergency. Under the Tribal Coordination Support Annex of NRF, the mechanisms, as well as the process through which governments can utilize in requesting direct assistance from the Federal Government, have been outlined regardless of if the issue involves a declaration in a Stafford Act declaration. Briefly, Tribal or Territorial/Insular Area Leader is mandated through territorial, tribal, or insular area government to coordinate resources needed in all disaster and emergency incidents. The law also provides that the area leader can help in making, amending, or suspending specific regulations related to response to disasters and emergencies (The Stafford Act, 2013) . The leader is also expected to communicate with that community in an accessible manner and assisting businesses, people, as well as organizations in coping with the results of disasters. The military forces can as well be commanded by the leader including negotiating assistance agreements and mutual aid with other territories, tribes, states, insular area governments, and jurisdictions at local levels. Finally, through the Stafford Act, the leader can request for assistance from the Federal Government.
As noted earlier, the President is the leader in the Federal Government response efforts. The main responsibility, under the Stafford Act, is ensuring the required and needed resources are applied as efficiently and quickly as possible in catastrophic and large-scale incidents (The Stafford Act, 2013). Notably, the Federal Government enjoy the available of many resources and capabilities that are needed in dealing with domestic incidences in ways that help in protecting civil rights, privacy, as well as civil liberties (FEMA). However, the success of Federal Government relies upon the application of the all-inclusive approach. In this connection, all departments of the Federal Government, as well as agencies, are required to coordinate and cooperate with one another including the territorial, tribal, state, local and insular area governments as well as members of the community, and the private sector in the maximum possible extent. Despite the fact that under the Stafford Act the disaster assistance from the Federal Government is always considered synonymous with the Presidential declarations, it can as well as be offered to local and state jurisdictions including different agencies and departments of the Federal Government through various authorities and mechanisms. In this accord, the Federal Emergency Management Agency (FEMA) has been mandated to coordinate the assistance for the incidents that are provided for in the Stafford Act (The Stafford Act, 2013) . However, for those incidents not specified in the Act, different departments, as well as agencies, lead or coordinate the Federal assistance, based on the authority bestowed upon such bodies. Other incidents, pegged on the Federal property such as the military bases or national parks or where primary jurisdiction is Federal departments, as well as agencies, are expected to be the first coordinators or responders of state, Federal, and local activities.
Public Health Laws and State Laws Interaction in Emergency Management
Apparently, there are different ways in which emergency management personnel interact under the public health laws and state laws (Public Health Emergency). Notably, the first response to a disaster is done at a local level and comprises of local government emergency health services which are supplemented by the state as well as volunteer organizations. However, if an incident has overwhelmed or is expected to strain the available resources at State level, the governor is allowed to request for Federal assistance. The local authority, State, tribe, and the Federal Government that are affected should cooperate to provide the necessary support.
In line with the legal provision in responding to incidents as provided in NFR, FEMA, NIMS, Stafford Act, the Secretary of HHS is responsible for leading all federal public health as well as medical response to medical and public health incidents and emergencies covered by NRF ( Public Health Emergency ) . Through HHS leads, ESF 8 and NRF, the strategies for coordinating assistance from the Federal government in supplementing tribal, State, local resources on public health emergency are addressed. Further, the HHS Secretary has legal authority to take action under the Federal Food, Drug, and Cosmetic Act, Public Health Service Act, Robert T. Stafford Act, and Social Security Act.
The Roles of the Stafford Act, National Response Framework (NRF), And National Incident Management System (NIMS)
The Stafford Act
The Stafford Act, 1988, which is also known as The Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, was enacted to govern how the country should respond to disasters and emergencies (Erdmann, 2016). The Stafford Act, which has been broken into seven titles, has established a federal process of declaring disasters, including determining the proper response level as well as dividing the costs among federal, local and state governments (The Stafford Act, 2013). At the same time, the Act has stipulated the need for both local and state government to develop comprehensive plans for disaster preparedness as well as mechanisms of preparing for coordination of intergovernmental bodies and agencies during disasters and emergencies. Critical to note is that the Act has created provision for the declaration of disaster by the President including emergency declaration, which plays a pivotal role in triggering both physical and financial assistance through FEMA.
The National Response Framework (NRF)
The National Response Framework (NRF) refers to a guide on the country’s response to emergencies and disasters. The NRF has been developed on adaptable, flexible, and scalable concepts that are recognized in the National Incident Management System in aligning primary responsibilities and roles within the country. The NRF has described particular authorities as well as best practices in managing disasters and emergencies incidents ranging from the serious but also local to large-scale catastrophic natural disasters or terrorist attacks. Further, the NRF has detailed the principles, responsibilities and roles, and structures for coordination needed to deliver the core abilities that are necessary for responding to an incident and further describing the manner in which efforts of response should be integrated with those in other areas of mission. In summation, the Framework has outlined how different bodies, agencies, and levels of government need to work together and coordinate before, during and after disasters or emergencies.
The National Incident Management System (NIMS)
The National Incident Management System (NIMS) outlines a proactive and systematic approach aimed at guiding agencies and departments at all government levels including non-governmental organizations, as well as the private sector with the aim of seamlessly working to ensure protection against, prevention, recovering from, responding to, and mitigation of the impacts of incidents, regardless of their causes, sizes, locations, or complexities (EMA). The objective is to ensure that the property including the loss of life as well as harm to the environment is minimized to the limit (EMA). Notably, the System works hand in hand with the NFR in coordinating all activities before, during and after disasters and emergencies. One of the advantages of NIMS is that it involves the best practices of incident management which have been proven and developed by hundreds of authorities and responders across the country.
Separation of Powers in an Emergency between the Governors, Legislature, Courts, and Local Governments
Apparently, as noted above, different levels of governments and individuals have different roles during an emergency. This section outlines the roles played by governors, legislature, courts, and local governments in exercising their powers to deal with disasters and emergencies.
Firstly, governors are some of the key players during disasters and emergencies as they are tasked with ensuring that the public welfare and safety of the residents of respective states is taken care of (Erdtmann, 2016). The governor has been tasked with the responsibility of ensuring that resources are well coordinated as well as offering the necessary guidance of responding to all emergencies, including giving support to governments at local levels as required and coordinating assistance together with Federal Government and other states. At the same time, a governor may as well amend, make, and suspend specific regulations and orders that are associated with disaster response based on the law. Further, a governor needs to communicate effectively to the whole community. The governor is also tasked to coordinate with tribal governments in a state as well as calling or requesting for assistance.
On the other hand, the local government system plays a critical role in the level in which the responsibility of responding to man-made and natural incidents that have recognizable geographical boundaries begins through public officials and individuals in the county, parishes, cities, or towns affected by a given incident (Erdtmann, 2016) . Therefore, the responsibility of the local government is made successful through their officials such as the appointed or chief elected official. The jurisdictional chief executive is expected to ensure the public welfare and safety of those under one’s jurisdiction. The Jurisdictional Chief executives are as well tasked with the provision of resources and guidance across the five mission areas. In this way, they are expected to have a clear understanding of their roles and responsibilities in the emergency management and the application of the response primary abilities since they may be required to make decisions about operations and resources during incidents. Further, they are supposed to liaise with the governors in routinely shaping and modifying policies, laws, and budgets.
The core role of Courts is to work together with other arms of law enforcement community in making sure that justice is served (Burns, 2006) . In this case, the attorney general through the Department of Justice and the Federal Bureau of Investigation (FBI) in conjunction with other players is expected to endeavor efficient coordination activities aimed at achieving maximum cooperation that is in line with the operational and law necessity. Notably, although the law has given the governors and local government officials such as the jurisdictional chief executive to make, suspend or amend policies, laws, and regulations in response, the courts are however expected to interpret the constitutionality of such decisions. By cooperating Federal agencies and departments such as the FBI, the attorney general is tasked to ensure that the security of the country is not compromised by for instance detecting, preventing, preempting, and disrupting threats such as attacks against the nation. The attorney general has been tasked to approve the requests made by the governors under the Emergency Federal Law Enforcement Assistance Act of personnel as well as other Federal law enforcement support during disasters or emergencies.
The Legalities in both Natural and Man-Made Disasters and Emergencies.
Unlike many jurisdictions, the term natural disaster has been extended to include significant natural disaster to put emphasis on the level of impact disasters, and emergencies cause to the American Society (Burns, 2006) . Under legal provisions, a natural disaster refers to a major adverse incident those results from natural processes such as earthquakes. In this case, some of the frequent natural disasters experienced in America include tornadoes, hurricanes, floods, as well as typhoons. Typically, natural disasters are also characterized by massive loss of life and destruction of property which leads to economic damage.
In most cases, the severity of a natural disaster depends on the ability of the population to mitigate its effects as well the community’s resilience and recovery process (Erdtmann, 2016). Notably, under the National Historic Preservation Act, Major Natural Disaster refers to any storm, tornado, hurricane, earthquake, flood, tidal wave, high water, or other catastrophe in any part of America which, based on Federal Agency Head determination, leads to damage of sufficient severity as well as magnitude that triggers an emergency action from different stakeholders. However, the law recognizes man-made disasters, which are also called human-made disasters as those disasters caused by man-made hazards. According to the US Legal framework, a human-made disaster, or an emergency is caused by an intentional or unintentional human action, negligence, and error.
Conclusion
The paper has discussed how of the U.S. legal framework works and interacts with state as well as local governments including demonstrating the interaction between public health laws and state legislation in emergency management and analyzing the role of the Stafford Act, NRF, and NIMS during times of emergencies. Further, the paper has evaluated the separation of powers between the legislature, governors, local governments, and courts, as well as the legalities in both natural and man-made disasters and emergencies. In reference to the above discussion, it is clear that the response to disasters and emergencies involves a coordinated approach.
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