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1 1 (November 23, 2021)

handle is hein.crs/goveewk0001 and id is 1 raw text is: The act does not include a definition of national emergency. An emergency is present if the Secretary of Health and Human Services (HHS Secretary) determines after consultation with such public health officials 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 . OFFICIA L(S) The President declares a national emergencyh effect ve nationwide, and not ifies Congress (S USC 1621(a)). The HHS Secretar y delares a public health emergency (PHE) exists in designated areas and notifies Congress. An emergency' isany 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) 1g-J-iduJ-Qj The President declares an emergency in selected localities, generally upon the request ofa governor or tribal chief executive and the recommendation of the Federal Emergency Management Agency (FEMA). AUTHORITI ES The President may invoke one or more emergency authorities in the initial decaration or in a subsequent presidential directive, such as an executive order. AGENCY LEAD The emergency authorities activated by the President determine which agency or agencies are involved. FUNIN There is no dedicated funding. The Public Health Service Act specifies that the HHS Secretary may take a variety of actions to respond to the PHE such as making grants, issuing waivers, and others. HHS, particularly the Assistant Secretary of Preparedness and Response (ASPR) and Centers for Disease Control and Prevention (CDC) ieads federal response efforts and coordinates activated assistance following a PHE. Funding derives from the Public Health Emergency Fund, infectious Disease Rapid Response Reserve Fund Pubhlic Health and Social Services Emergency Fund, CDC Foundation Emergency Response Fund, and the Project Bioshield Special Reserve Fund. The Stafford Act specifies different forms of emergency assistance that may be provided under a declaration. A declaration specifies which forms of assistance are available. FEMA administers assistance provided under a Stafford Act declaration and generally leads the federal response to a Stafford-declared incident. © Funding for Stafford Act assistance draws from the Disaster Relief Fund. DURATION The President may terminate an emergency by issuing a proclamation, or by choosing not to issue a continuation notice within a specified time period. A PHE expires 90 days after the initial date of delaration or upon an HHS Secretary declaration that the PHE no longer exists. The Seretary 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 periodwhen the hazard occurred and caused losses (44 C.F.R. §206.32). Assistance programs authorized under a declaration have distinct time limitations per regulations. I 0

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