Summary
FEDERAL EMERGENCY DECLARATIONS
A COMPARISON
An emergency3 is "any occasion or instance for
which, in the determination of the President,
Federal assistance is needed to supplement
State and local e_orts and capabilities to save
lives and to protect property and public
health and safety, or to lessen or avert the
threat of a catastrophe in any part of the
United States." (42 U.S.C. §5122)
NATIONAL EMERGENCIES ACT PUBLIC HEALTH SERVICE ACT STAFFORD ACT
An emergency is present if the Secretary
of Health and Human Services (HHS
Secretary) determines after consultation
with such public health o_cials as may be
necessary that a disease or disorder
presents a_public health emergency_or
that a_public health emergency exists
(42 U.S.C. §247d).
The act does not include a
de_nition of national
emergency.
The HHS Secretary declares a public
health emergency (PHE) exists in
designated areas and noti_es Congress.
The President declares an emergency in
selected localities, generally upon the request
of a governor or tribal chief executive and the
recommendation of the Federal Emergency
Management Agency (FEMA).
The President declares a national
emergency, e_ective nationwide, and
noti_es Congress (50 USC 1621(a)).
The Public Health Service Act speci_es that
the HHS Secretary may take a variety of
actions to respond to the PHE such as
making grants, issuing waivers, and others.
The Sta_ord Act speci_es di_erent forms of
emergency assistance that may be provided
under a declaration. A declaration speci_es
which forms of assistance are available.
The President may invoke one or more
emergency authorities in the initial
declaration or in a subsequent presidential
directive, such as an executive order.
HHS, particularly the Assistant Secretary
of Preparedness and Response (ASPR)
and Centers for Disease Control and
Prevention (CDC), leads federal response
e_orts and coordinates activated
assistance following a PHE.
FEMA administers assistance provided
under a Sta_ord Act declaration and
generally leads the federal response to a
Stafford-declared incident.
The emergency authorities activated by the
President determine which agency or agencies
are involved.
Funding derives from the Public Health
Emergency Fund, Infectious Disease Rapid
Response Reserve Fund, Public Health and
Social Services Emergency Fund, CDC
Foundation Emergency Response Fund, and
the Project Bioshield Special Reserve Fund.
Funding for Sta_ord Act assistance
draws from the Disaster Relief Fund.
There is no dedicated funding.
A PHE expires 90 days after the initial date of
declaration or upon an HHS Secretary
declaration that the PHE no longer exists.
The Secretary may choose to extend the
emergency declaration for subsequent
90-day periods, if necessary.
There is no set period for a declaration. FEMA
determines the "incident period" when the
hazard occurred and caused losses (44 C.F.R.
§206.32). Assistance programs authorized
under a declaration have distinct time
limitations per regulations.
The President may terminate an emergency
by issuing a proclamation, or by choosing
not to issue a continuation notice within a
specified time period.
Information prepared by
1 The Public Health Service Act, P.L. 78-410, as amended, 42 U.S.C. §§201-300mm–61; the National Emergencies Act, P.L. 94-412,
as amended, 50 U.S.C. §§1601-1651; the Sta_ord Act, P.L. 93-288, as amended, 42 U.S.C. §§5121-5207.
2 For example, the HHS Secretary may waive certain program requirements (e.g., Social Security Act Section 1135 waivers) following concurrent
declarations under both the Public Health Service Act and either the Sta_ord Act or the NEA.
3 The President may also declare a major disaster, de_ned di_erently than an emergency, making available additional forms of assistance.
Information prepared on November 22, 2021, by Erica Lee, Analyst in Emergency Management and Disaster Recovery and Jamie Hutchinson,
Visual Information Specialist. For more information, see CRS Report R46379, Emergency Authorities Under the National Emergencies Act, Sta_ord
Act, and Public Health Service Act.
DEFINITION
OFFICIAL_S_
AUTHORITIES
AGENCY LEAD
FUNDING
DURATION
This infographic compares federal emergency declarations authorized under three statutes: the National Emergencies Act, the
Public Health Service Act, and the Robert T. Sta_ord Disaster Relief and Emergency Assistance Act (the Sta_ord Act).1 One or
more of these declarations may be issued concurrently for the same incident, potentially activating additional authorities.2