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Stafford Act Assistance for Public Health

Incidents



Updated March 15, 2024


This Insight provides an overview and examples of presidential declarations under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (hereinafter the Stafford Act-42 U.S.C. @5121 et seq.) in
response to public health incidents including contagious diseases and water contamination. Such
declarations have increased in recent years.


Overview

The Stafford Act authorizes the President to issue two types of declarations that could provide federal
assistance to jurisdictions in response to a public health incident: an emergency declaration or a major
disaster declaration.


Emergency Declarations

An emergency is defined broadly, and arguably includes public health incidents. 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 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(1)


Emergency declarations may be issued upon detecting a threat (for example, before a hurricane makes
landfall) to assist local and state, tribal, or territorial response efforts. The Stafford Act is not to supplant

                                                              Congressional Research Service
                                                                https://crsreports.congress.gov
                                                                                   IN11229

CRS INSIGHT
Prepared for Members and
Committees of Congress

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