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Key Facts
- Federal level: Homeland Security Presidential Directive 5 establishes a national incident management system and identifies the Secretary of Homeland Security as the principal federal official for domestic incident management.
- National overview: HSPD-5 provides that initial responsibility for managing domestic incidents generally falls on state and local authorities, with federal assistance when resources are overwhelmed or federal interests are involved.
- Federal level: The Stafford Act authorizes a federal disaster preparedness program that includes preparation of disaster preparedness plans, training and exercises, and annual review of programs.
- National overview: The Stafford Act provides for shared emergency preparedness responsibility between the federal government and the states, with the federal government providing direction, coordination, guidance, and assistance.
- National overview: FEMA describes NIMS as a shared framework across levels of government, nongovernmental organizations, and the private sector, and says certain jurisdictions must adopt NIMS to receive federal Preparedness grants.
- National overview: FEMA describes the National Response Framework as a guide for how the nation responds to all types of disasters and emergencies, including whole-community planning and continuity plan integration.
- Federal level: Federal Continuity Directive 1 directs the federal executive branch to develop continuity plans and programs and identifies core elements such as essential functions, orders of succession, interoperable communications, TT&E, devolution, and reconstitution.
- Federal level: USCourts.gov reports that the federal judiciary anticipates continuing court operations through training and regular tests of business continuity and emergency preparedness plans, including a Hurricane Sandy COOP activation example.
- National overview: The ABA’s Disaster Resources page describes the ABA committee’s mission to equip legal professionals and the public with disaster-related legal resources and states that the committee does not coordinate pro bono legal assistance, and the Stafford Act includes a legal services provision tied to presidential determinations about low-income legal needs after a major disaster.
Last reviewed: May 2026. Legal rules, forms, deadlines, and procedures can change by jurisdiction, agency, and court system.
- Disaster preparedness planning uses shared frameworks for coordination
- A practical distinction preparedness frameworks and templates vs enforceable legal duties
- Federal coordination under HSPD 5 and the state local starting point
- The Stafford Act supports federal preparedness programs and joint emergency planning
- Continuity planning connects emergency management to continuing essential functions
- Court operations continuity planning as an operational expectation
- Where the ABA fits in disaster preparedness and disaster related legal needs
- A compact guide to what is guidance and what is statutory authority
- Putting the pieces together during disasters
- Sources
Disaster preparedness planning connects emergency-management coordination to continuity of essential functions, which can affect services such as court operations and access to legal assistance. Federal materials describe shared coordination frameworks through NIMS and the National Response Framework, and they also describe continuity as keeping essential functions operating through continuity plans and federal directives.
Disaster preparedness planning uses shared frameworks for coordination
FEMA describes the National Incident Management System (NIMS) as a shared approach that guides how all levels of government, nongovernmental organizations, and the private sector work together during incidents. FEMA also states that NIMS provides shared vocabulary and operational systems that guide how personnel work together during incidents.
FEMA describes the National Response Framework (NRF) as a guide to how the nation responds to all types of disasters and emergencies. FEMA explains that the NRF helps jurisdictions develop whole-community plans, integrate continuity plans, build capabilities to respond to cascading failures, and collaborate to stabilize community lifelines and restore services.
A practical distinction preparedness frameworks and templates vs enforceable legal duties
Emergency-management materials often describe frameworks, guidance, and tools meant to align partners during incidents. FEMA’s descriptions of NIMS and the NRF focus on shared systems and planning for coordination and whole-community response.
Some FEMA requirements attach to federal preparedness grant eligibility. FEMA’s NIMS page states that local, state, territorial, and tribal nation jurisdictions are required to adopt NIMS in order to receive federal Preparedness grants.
Other continuity materials function as templates and resources. FEMA’s continuity of operations plan template explains that it provides instructions, guidance, and sample text under Federal Continuity Directive 1 and Federal Continuity Directive 2, and FEMA states that use of the template is voluntary.
Federal coordination under HSPD 5 and the state local starting point
Homeland Security Presidential Directive 5 (HSPD-5) aims to enhance the ability of the United States to manage domestic incidents by establishing a single, comprehensive national incident management system. In the directive, the Secretary of Homeland Security is identified as the principal federal official for domestic incident management.
HSPD-5 also describes how responsibilities typically split during domestic incidents. It provides that initial responsibility for managing domestic incidents generally falls on state and local authorities, while the federal government will assist state and local authorities when their resources are overwhelmed or when federal interests are involved.
The Stafford Act supports federal preparedness programs and joint emergency planning
Federal disaster preparedness planning also appears in statute through the Stafford Act. FEMA’s Stafford Act compilation states that section 201 authorizes a program of disaster preparedness that includes preparation of disaster preparedness plans, training and exercises, and annual review of programs, and it provides for technical assistance to states in developing comprehensive plans and practicable programs.
The Stafford Act also describes shared responsibility. Section 601 vests responsibility for emergency preparedness jointly in the federal government and the states, and it directs the federal government to provide necessary direction, coordination, guidance, and assistance.
Continuity planning connects emergency management to continuing essential functions
Continuity planning focuses on continuing essential functions across emergencies and disruptions. FEMA’s Continuity Resource Toolkit describes continuity as ensuring the continuation of essential functions across a wide range of emergencies and disruptions and as part of whole-community efforts supported by tools and resources for partners.
Federal Continuity Directive 1 (FCD 1) addresses continuity planning for the federal executive branch. FCD 1 provides direction for developing continuity plans and programs and describes the ultimate goal as the continuation of National Essential Functions. FCD 1 also identifies core continuity plan elements, including essential functions, orders of succession, delegations of authority, alternate facilities, interoperable communications, vital records, human capital planning, TT&E, devolution, and reconstitution.
FCD 1 also emphasizes interoperability. It provides that federal COOP, COG, and ECG plans and operations must be appropriately integrated with state, local, territorial, and tribal government continuity and emergency capabilities and with private-sector owners and operators to promote interoperability and prevent redundancies and conflicting lines of authority.
Court operations continuity planning as an operational expectation
Federal court operations reflect continuity thinking. USCourts.gov reports that the federal judiciary anticipates continuation of court operations during natural or man-made disasters through training and regular tests of its own business continuity and emergency preparedness plans.
USCourts.gov also describes Hurricane Sandy as testing the emergency preparedness of the federal courts, including an example in which the Southern District of New York activated its COOP. Because this reporting describes an example, it does not function as a guarantee of identical outcomes for every incident.
Where the ABA fits in disaster preparedness and disaster related legal needs
Legal organizations and professionals can face disaster-related legal questions, including issues that arise after disruptions. The American Bar Association’s (ABA) Disaster Resources page states that the ABA Standing Committee on Disaster Response and Preparedness is dedicated to equipping legal professionals and the public with critical resources to navigate the legal challenges that arise from disasters.
The same ABA page states that this committee focuses on providing resources and information and does not coordinate pro bono legal assistance.
Disaster-related legal assistance also connects to federal statutory structure. The Stafford Act includes a legal services provision stating that when the President determines low-income individuals are unable to secure adequate legal services as a consequence of a major disaster, programs must be conducted with the advice and assistance of appropriate federal agencies and state and local bar associations.
Professional responsibility topics can also intersect with continuity of legal services. See ABA ethics guidance on lawyer responsibilities for related background.
A compact guide to what is guidance and what is statutory authority
| Source type described in federal materials | Example | What the source text supports |
|---|---|---|
| Statute authorizing preparedness | Stafford Act section 201 | A disaster preparedness program includes preparation of plans, training and exercises, and annual review, and provides technical assistance to states. |
| Statute structuring responsibility | Stafford Act section 601 | Emergency preparedness responsibility is vested jointly in the federal government and the states, with federal direction, coordination, guidance, and assistance. |
| Presidential direction on incident management | HSPD-5 | HSPD-5 identifies the DHS Secretary as the principal federal official for domestic incident management and describes state and local initial responsibility with federal assistance when resources are overwhelmed or federal interests are involved. |
| Operational frameworks for coordination | NIMS and NRF (FEMA) | NIMS provides shared vocabulary and operational systems and relates to grant eligibility; the NRF guides all-types response and supports whole-community planning and continuity integration. |
| Continuity planning direction for the federal executive branch | FCD 1 | FCD 1 provides direction for developing continuity plans and programs and identifies core continuity plan elements and interoperability integration. |
| Planning templates | FEMA continuity of operations plan template | FEMA describes the template as providing instructions, guidance, and sample text under FCDs 1 and 2, and states that use of the template is voluntary. |
Related reading on ABA engagement with legal systems at the state level: ABA’s role in state court issues.
Putting the pieces together during disasters
Taken together, disaster preparedness planning links shared coordination frameworks with continuity planning and statutory structure. FEMA’s NIMS and NRF descriptions support coordination and whole-community planning, HSPD-5 identifies the federal incident management role while preserving state and local initial responsibility, and the Stafford Act supports federal preparedness programming and shared emergency preparedness responsibility. Continuity planning adds the continuity focus on continuing essential functions, and federal materials also describe continuity practices for court operations and legal-services programming after major disasters.
Sources
- Homeland Security Presidential Directive 5
- Stafford Act, as Amended, and Related Authorities (FEMA P-592)
- National Incident Management System (NIMS) | FEMA.gov
- National Response Framework (NRF) | FEMA.gov
- Continuity Resource Toolkit | FEMA.gov
- Federal Continuity Directive 1 (FCD 1) Federal Executive Branch National Continuity Program and Requirements
- Continuity of Operations Plan Template and Instructions for Federal Departments and Agencies (FEMA)
- Overseeing Facilities, Safeguarding the Courts, and Preparing for Emergencies (Director’s Annual Report 2012) | USCourts.gov
- Disaster Resources | American Bar Association (ABA)
