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  Congressional                     .
*.Research Service
    Informing the fegisiative d bate since 1914___________________


Stafford Act Emergency Declarations for

Attacks on Federal Property



January   12, 2021
In response to an attack (or other exigency) on federal property, the President may issue a declaration of
an emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (P.L. 93-288,
Stafford Act; 42 U.S.C. @§5121 et seq.).
This Insight describes the types of federal assistance that may be provided by the Federal Emergency
Management Agency (FEMA) under an emergency declaration to support response and recovery efforts
following an attack on federal property and includes historical examples of such declarations.


Stafford Act Emergencies

A Stafford Act emergency declaration authorizes FEMA to coordinate and provide emergency assistance
for response efforts. Section 501 of the Stafford Act defines an emergency as:


          ...any occasion or instance for which, in the determination of the
        President, federal assistance is needed to supplement State and local
          efforts and capabdities to save lives and to protect..public health
          and  safety, or to lessen or avert the threat of a catastrophe in any
                              part of the United States.



Primary Federal Responsibility

Generally, the governor of an affected state or territory, or the chief executive of an affected Indian tribal
government make a formal request for an emergency declaration from the President. Section 501(b) of the
Stafford Act, however, authorizes the President to issue an emergency declaration without a request when:


                                                           Congressional Research Service
                                                           https://crsreports.congress.gov
                                                                              IN11571


CRS INSIGHT
Prepared for Members and
Committees of Congress -

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