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Wk 8 – Scenario 2 Module 4 Questions – Carrie E. Martin
Contains
Carrie Martin
Health and Medical/Mass Care Facilities
Primary Question:
22. Many students have been displaced from their dormitories. The Red Cross doesn’t have enough resources in place yet to fully support the displaced students with food, water, and shelter. Can DoD legally assist in helping until the Red Cross can fully meet the community’s needs? If yes, where is that authority derived?
The Sarin gas attack in Bobsville, Oklahoma, has created a critical situation, displacing many students from their dormitories and overwhelming local resources. The American Red Cross, while present, is currently unable to fully support the displaced students with essential needs such as food, water, and shelter. In such a scenario, the Department of Defense (DoD) can legally assist until the Red Cross can meet the community’s needs. This authority is derived from the Robert T. Stafford Disaster Relief and Emergency Assistance Act, which allows for federal support to state and local governments during disaster response and recovery efforts (FEMA, 2020). Additionally, the DoD can provide assistance under the Defense Support of Civil Authorities (DSCA) guidelines, which permit military resources to support civil authorities during emergencies when requested by the appropriate state or federal agency (U.S. Department of Defense, 2018).
Additional Questions:
24. How would the federal volunteer protection act of 1997 provide liability coverage for volunteers supporting disaster response?
Regarding liability coverage for volunteers, the Federal Volunteer Protection Act of 1997 offers significant protection. This act provides that volunteers working for non-profit organizations or governmental entities are shielded from liability for harm caused by their acts or omissions, provided they are acting within the scope of their responsibilities and not engaging in willful misconduct, gross negligence, or reckless behavior (U.S. Congress, 1997). This legal protection is crucial as it encourages volunteerism by reducing the fear of legal repercussions, thereby ensuring that more individuals are willing to offer their assistance during disaster response efforts.
25. Is there a responsibility for states to ensure that they maintain laws, rules, and regulations when it comes to volunteers supporting disaster response and recovery operations?
There is a substantial responsibility for states to maintain laws, rules, and regulations concerning volunteers supporting disaster response and recovery operations. A clear legal framework is essential to protect both the volunteers and the recipients of aid. This framework should include training requirements, liability protections, and guidelines for coordination with other agencies. Effective state-level regulations foster an environment where volunteers can operate safely and effectively, ensuring that aid reaches those in need promptly and efficiently.
The Bobsville incident highlights the necessity of a coordinated response involving various agencies and volunteers. Ensuring adequate legal protections and clear guidelines for all participants is crucial to managing the immediate and long-term impacts of such catastrophic events.
References
Federal Emergency Management Agency (FEMA). (2020). Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, and Related Authorities. Retrieved from https://www.fema.gov/sites/default/files/2020-03/stafford-act_2019.pdf
U.S. Congress. (1997). Volunteer Protection Act of 1997. Retrieved from https://www.congress.gov/bill/105th-congress/house-bill/911
U.S. Department of Defense. (2018). Defense Support of Civil Authorities (DSCA). Retrieved from https://www.hsdl.org/?view&did=817178
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