About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 1 (March 2, 2020)

handle is hein.crs/govcaoy0001 and id is 1 raw text is: 









               Researh Sevice






Stafford Act Assistance for Public Health

Incidents



March 2, 2020

This Insight provides a brief overview 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.) that could
be authorized in response to public health incidents. It also provides examples of Stafford Act declarations
that have been previously issued to address public health hazards, including infectious disease incidents,
which may be relevant to the current outbreak of coronavirus disease 2019 (COVID-19).


Overview

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


Emergency Declarations

An emergency is defined broadly, and arguably may include 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 can be issued before an incident when a threat is detected (for example, before a
hurricane makes landfall) to supplement and coordinate local and state, tribal, or territorial response
efforts. As traditionally implemented, however, the Stafford Act does not supplant or supersede other
federal authorities directed at public health incidents, such as those exercised by the Secretary of Health
and Human Services.



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

CRS  NS GHT
Prepard For Merubers and
Co rm ttees  of Conqress  ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Already a HeinOnline Subscriber?

profiles profiles most