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       Congressional
* Research Service
        Informing the legislative debate since 1914___________________


Stafford Act Assistance for Public Health

Incidents



Updated March 22, 2021
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.) in response
to public health incidents. It also provides examples of previously issued Stafford Act declarations that
address public health hazards, including the unprecedented declarations for the coronavirus disease 2019
(COVID-19)  pandemic.

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 StaffordAct does not supplant or supersede other
                                                              Congressional Research Service
                                                                https://crsreports.congress.gov
                                                                                   IN11229


CRS INSIGHT
Prepared for Membersand
Committeesof Congress-

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