IG10029 — Federal Emergency Declarations

/ 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

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