Federal Emergency Declarations

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