Emergency Authorities Under the National Emergencies Act, Stafford Act, and Public Health Service Act

Emergency Authorities Under the National Emergencies Act, Stafford Act, and Public Health Service Act June 3Updated July 14, 2020 Congressional Research Service https://crsreports.congress.gov R46379 SUMMARY Emergency Authorities Under the National Emergencies Act, Stafford Act, and Public Health Service Act The Supreme Court has explained that the President’s authority “must stem either from an act of Congress or from the Constitution itself.” Because Article II of the Constitution does not grant the Executive general emergency powers, the President generally must rely on Congress for such authority. Congress has historically given the President robust powers to act in times of crisis. These emergenciesemergency powers are scattered throughout the U.S. Code and touch on matters ranging from international emergencies to public health crises to natural disasters, among many other things. Many of these authorities are triggered from declarations made under three frameworks: the National Emergencies Act (NEA), the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), and the Public Health Service Act (PHSA). R46379 June 3July 14, 2020 Jennifer K. Elsea, Coordinator Legislative Attorney Jay B. Sykes Legislative Attorney Joanna R. Lampe Legislative Attorney Kevin M. Lewis Legislative Attorney The NEA establishes a framework to provide enhanced congressional oversight for measures Bryan L. Adkins taken in response to a national emergency declared by the President. It establishes procedures for Legislative Attorney declarations of national emergencies, requiring their publication and congressional notification of the measures to be invoked. The Stafford Act establishes various authorities that the executive branch may exercise in an “emergency” or during a “major disaster,” as defined by statute. Section 319 of the PHSA allows the HHS Secretary to determine that “a public health emergency” exists and “take such action as may be appropriate to respond to the public health emergency.” Each type of emergency triggers executive powers or relaxes otherwise applicable requirements or restrictions under other provisions of the U.S. Code. These frameworks have played a significant role in the federal government’s response to a number of threats to U.S. security or to the health and welfare of the general public. On March 13, 2020, President Trump invoked the National Emergencies Act to declare a national emergency concerning the Coronavirus Disease 2019 (COVID-19) pandemic confronting the United States and other countries. The declaration permits the Secretary of Health and Human Services (HHS) to temporarily waive or modify certain requirements of the Medicare, Medicaid, and State Children’s Health Insurance Program, as well as the Health Insurance Portability and Accountability Act Privacy Rule. TheseThe authority for waivers and modifications lastis concurrent with and lasts for the duration of the public health emergency that Secretary of HHS Alex Azar declared on January 31, 2020, under the PHSA. The President subsequently invoked additional national emergency statutes. The President also announced on March 13 that he was declaring an emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act). The President subsequently declared major disasters under the Stafford Act in a number of states. These actions highlight the potential availability of numerous federal authorities during an emergency, while also raising questions about the difference in types of emergencies under various statutes and the authorities that become available —or come into effect automatically—when the executive branch declares an emergency under these statutes. This report provides a brief explanation of the three types of emergencies—those declared under the NEA, the Stafford Act, and the PHSA—and the report lists in tabular form the statutory authorities made available to the President or executive agencies in each type of emergencyAs these actions illustrate, multiple statutes authorize specified executive branch officials to determine that an emergency exists and, as a consequence of that determination, make use of various statutory authorities. But while these statutory frameworks are distinct, their overlapping scope can prompt questions on when each framework can be employed. This report provides a brief overview of three discrete laws authorizing declarations of emergencies—the NEA, the Stafford Act, and Section 319 of the PHSA—and provides a tabular listing of the many statutory authorities made available when an emergency is declared under each specific provision. The purpose of the report is to provide a listing of those particular statutory authorities and not others. As a result, this report does not address other federal laws that, while potentially relevant in responding to emergencies in the generic sense, do not necessarily hinge on a formal declaration under the NEA, Stafford Act, or Section 319 of the PHSA. Nor does the report identify statutes that do not confer affirmative powers to executive agencies in the event of an emergency (e.g., statutes that impose congressional reporting requirements). Additionally , the report does not list those authorities that are available only for a specific time period and with reference to a specific event (e.g., authorities available only to respond to the COVID-19 pandemic specifically, but not any other declared emergency). Congressional Research Service Emergency Authorities Under the NEA, Stafford Act, and PHSA Contents The National Emergencies Act .......................................................................................... 3 Methodology ............................................................................................................ 4 Limitations ............................................................................................................... 6 The Stafford Act ........................................................................................................... 20 Methodology .......................................................................................................... 21 Limitations ............................................................................................................. 22 TheSection 319 of the Public Health Service Act............ ............................................................................. 33 Methodology .......................................................................................................... 3334 Limitations ............................................................................................................. 3536 Tables Table 1. Statutory Authorities Triggered by a Presidential Declaration of a National Emergency .................................................................................................................. 7 Table 2. Statutory Authorities Triggered by a Declaration of an “Emergency” or “Major Disaster” Under the Stafford Act................................................................................... 23 Table 3. Statutory Authorities TriggeredExpressly Enabled by Declaration of a Public Health Emergencyunder Section 319 of the PHSA ............ 35........................................................................................................... 37 Contacts Author Information ....................................................................................................... 4039 Congressional Research Service Emergency Authorities Under the NEA, Stafford Act, and PHSA he Supreme Court has explained that the President’s authority “must stem either from an act of Congress or from the Constitution itself.”1 Because Article II of the Constitution does not grant the Executive general emergency powers, the President generally must rely on Congress for such authority. Congress has historically given the President robust powers to act in times of crisis. T These emergency powers are scattered throughout the U.S. Code, and touch on matters ranging from international crises to public health emergencies to natural disasters, among other things. Many of these authorities are triggered from declarations made under three frameworks: the National Emergencies Act (NEA), 2 the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), 3 and the Public Health Service Act (PHSA). 4 These frameworks have played a significant role in the federal government’s response to a number of threats to U.S. security or to the health and welfare of the general public. On March 13, 2020, President Trump invoked the NEA to declare a national emergency concerning the January 31, Secretary of HHS Alex Azar declared a public health emergency under Section 319 of the PHSA, 5 dating back to January 27, 2020, to address the Coronavirus Disease 2019 (COVID-19) pandemic confronting the United States and other countries. 5 The 6 On March 13, 2020, President Trump invoked the NEA to declare a national emergency concerning the pandemic. 7 The declaration invokes Section 1135 of the Social Security Act 6Act8 to permit the Secretary of Health and Human Services (HHS) to waive or modify temporarily certain requirements of the Medicare, Medicaid, and State Children’s Health Insurance programs and of the Health Insurance Portability and Accountability Act Privacy Rule. This authority will remain active throughout the duration of the public health emergency Secretary of HHS Alex Azar declared on January 31, 2020, under the PHSA in response to the COVID-19 outbreak. 7 during the public health emergency. The President also announced in a letter dated March 13 that he was declaring an emergency under the Stafford Act. 89 Subsequently, the President declared major disasters in a number of states, also under the Stafford Act. 9 The President also invoked the Stafford Act to direct the Secretary of 1 Youngstown Sheet & T ube Co. v. Sawyer, 343 U.S. 579 , 585 (1952). 2 Pub. L. No. 94-412, 90 Stat. 1255 (1976), codified as amended at 50 U.S.C. §§ 1601-1651. Pub. L. No. 93-288, 88 Stat. 143 (1974), codified at 42 U.S.C. §§ 5121-5207. 3 4 Pub. L. No. 78-409, 58 Stat. 682 (1944), codified as amended at 42 U.S.C. §§ 201 -300mm–61. 5 -300mm–61. 5 42 U.S.C. § 247d. Determination that a Public Health Emergency Exists (Jan. 31, 2020), https://www.phe.gov/emergency/news/ healthactions/phe/Pages/2019-nCoV.aspx. Secretary Azar renewed the declaration on Apr. 21, 2020, https://www.phe.gov/emergency/news/healthactions/phe/Pages/covid19 -21apr2020.aspx. 6 7 Proclamation No. 9994, Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak, 85 Fed. Reg. 15,337 (Mar. 13, 2020), https://www.whitehouse.gov/presidential-actions/proclamationdeclaring-national-emergency-concerning-novel-coronavirus-disease-covid-19-outbreak/. T he President subsequently issued at least two executive orders invoking additional statutory authorities pursuant to Proclamation 99 949994. See Exec. Ord. No. 13,912, National Emergency Authority to Order the Selected Reserve and Certain Members of the IndividualIndi vidual Ready Reserve of the Armed Forces to Active Duty, 85 Fed. Reg. 18,407 (Mar. 27, 2020) (invoking 10 U.S.C. § 12302; 14 U.S.C. §§ 2127, 2308, 2314, & 3735); Exec. Ord. No. 13,916, National Emergency Authority T o T emporarily Extend Deadlines for Certain Estimated Payments, 85 Fed. Reg. 22,915951 (Apr. 18, 2020) (invoking 19 U.S.C. § 1318(a)). 6 42 U.S.C. § 1320b–5. 7 Determination that a Public Health Emergency Exists (Jan. 31, 2020), https://www.phe.gov/emergency/news/ healthactions/phe/Pages/2019-nCoV.aspx. T he determination describes the public health emergency as dating back to January 27, 2020. 8 Letter from President Donald J. T rump on Emergency Determination Under the Stafford Act (Mar. 13, 2020), https://www.whitehouse.gov/briefings-statements/letter-president-donald-j-trump-emergency-determination-staffordact/. 9 For a listing of current Stafford Act disasters and major disasters, see the Federal Emergency Management Agency (FEMA) website at https://www.fema.gov/disasters. For information about Stafford Act declarations related to COVID-19, see CRS Report R46326, Stafford Act Declarations for COVID-19 FAQ, by Elizabeth M. Webster, Erica A. Lee, and William L. Painter. Congressional Research Service 1 Emergency Authorities Under the NEA, Stafford Act, and PHSA T he President also issued an executive order that did not invoke any emergency authorities, but directed executive branch agencies to identify and implement any emergency or other authorities available to them to expedite infrastructure and other projects in order to stimulate the U.S. economy in light of the COVID -19-related economic downturn. Exec. Ord. No. 13,927, Accelerating the Nation’s Economic Recovery From the COVID-19 Emergency by Expediting Infrastructure Investments and Other Activities, 85 Fed. Reg. 35,165 (Jun. 4, 2020). See also Exec. Ord. No. 13,924, Regulatory Relief T o Support Economic Recovery, 85 Fed. Reg. 31,353 (May 22, 2020) (directing heads of all agencies “to use, to the fullest extent possible and consistent with applicable law, any emergency authorities that [the President has] previously invoked in response to the COVID-19 outbreak or that are otherwise available to them to support the economic response to the COVID-19 outbreak”). 8 42 U.S.C. § 1320b–5. Letter from President Donald J. T rump on Emergency Determination Under the Stafford Act (Mar. 13, 2020), https://www.whitehouse.gov/briefings-statements/letter-president-donald-j-trump-emergency-determination-stafford9 Congressional Research Service 1 Emergency Authorities Under the NEA, Stafford Act, and PHSA under the Stafford Act. 10 The President also invoked the Stafford Act to direct the Secretary of Defense and Secretary of Homeland Security to coordinate and fund, respectively, certain National Guard efforts to mitigate the pandemic. 1011 Congress then enacted the Coronavirus Aid, Relief, and Economic Security (CARES) Act, 11 which contains several12 and other legislation that contains provisions that are triggered or remain in effect so long as these declarations or determinations remain in effect, along with a few others that apply more generally during an emergency. This report describes differences in types of emergencies under various statutes and the authorities that become available when emergencies are declared under these statutes. The report provides a brief explanation of the three types of emergencies under the NEA (Table 1), the Stafford Act (Table 2), and the PHSA (Table 3). Listed in tabular form are the statutory authorities available in each type of emergency. The tables have some overlap because some statutes may be triggered by a declaration under more than one emergency framework. 1213 Each table arranges the listed statutory authorities by U.S. Code title, followed by a brief description of each activated authority. This report does not address all federal statutes that may be useful to tackle an emergency, in particular those that address emergencies under frameworks other than the three mentioned above, those that do not augment executive power during an emergency, those that are applicable only for a specific time period and with reference to a specific event (e.g., authorities available contingent authorities in the CARES Act available only to respond to the COVID-19 pandemic specifically, but not any other declared emergency), or those that do not require the declaration of any type of emergency. For an example of the last, the President issued an executive order on March 18, 2020, 1314 invoking the Defense Production Act (DPA) 1415 for the potential production of medical supplies and equipment. The authorities conferred by the DPA do not require the declaration of an emergency to be activated, although certain requirements are waived in the event of a national emergency. 15 10 act/. 10 For a listing of current Stafford Act disasters and major disasters, see the Federal Emergency Management Agency (FEMA) website at https://www.fema.gov/disasters. For information about Stafford Act declarations related to COVID-19, see CRS Report R46326, Stafford Act Declarations for COVID-19 FAQ, by Elizabeth M. Webster, Erica A. Lee, and William L. Painter. 11 See, e.g. Executive Office of the White House, Memorandum for the Secretary of Defense and the Secretary of Homeland Security, Providing Federal Support for Governors’ Use of the Natio nalNational Guard to Respond to COVID–19, 85 Fed. Reg. 16,997 (Mar. 22, 2020); Executive Office of the White House, Memorandum for the Secretary of Defense and the Secretary of Homeland Security, Providing Federal SupportSup port for Governors’ Use of the National Guard t oto Respond to COVID–19, 85 Fed. Reg. 21,737 (Apr. 13, 2020); Executive Office of the White House, Memorandum for the Secretary of Defense and the Secretary of Homeland Security, Providing Continued Federal SupportSupp ort for Governors’ Use of the National Guard to Respond to COVID–19, 85 Fed. Reg. 28.839 (May 8, 2020). For more information about the National Guard role in the pandemic, see CRS In Focus IF11483, The National Guard in the COVID-19 Pandemic Response: Framework for Action, by Alan Ott . 11 12 Pub. L. No. 116-136, 134 Stat. 285 (2020). T hisOn June 1, 2020, the House passed the Heroes Act, H.R. 6800 (116th Cong.), which contains similar provisions. T his report only identifies provisions in the CARE S Act that provide or amend noncontingent emergency authorities available in response to a declaration under the NEA, Stafford A ct, or Section 319 of the PHSA. T he report does not summarize provisions that are in effect only during the national emergency the President declared to address the COVID-19 outbreak. 13 See, e.g., 42 U.S.C. § 204 (establishing in the Public Health Service a commissionedcom missioned Corps and Reserve Corps “for the purpose of securing a reserve for duty in the Service in time of public health or national emergency”). 12 1314 Executive Order on Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of Covid-19, Exec. Order No. 13909, 85 Fed. Reg. 16,227 (Mar. 18, 2020), https://www.whitehousewhit ehouse.gov/presidential-actions/ executive-order-prioritizing-allocating-health-medical-resources-respond-spread-covid-19/. 14 15 T he Defense Production Act (DPA) of 1950, Pub. L. No. 81-774, 64 Stat. 798, codified as amended at 50 U.S.C. §§ 4501-4568. For information about the DPA, see CRS Report R43767, The Defense Production Act of 1950: History, Authorities, and Considerations for Congress, by Michael H. Cecire and Heidi M. Peters; CRS Insight IN11231, The Defense Production Act (DPA) and COVID-19: Key Authorities and Policy Considerations, by Michael H. Cecire and Heidi M. Peters. 15 See Table 1 under T itle 50. Congressional Research Service 2 Emergency Authorities Under the NEA, Stafford Act, and PHSA Congressional Research Service 2 Emergency Authorities Under the NEA, Stafford Act, and PHSA equipment. The authorities conferred by the DPA do not require the declaration of an emergency to be activated, although certain requirements are waived in the event of a national emergency. 16 The National Emergencies Act Enacted in 1976 to rein in presidential emergency powers,1617 the NEA provides a framework to apply whenever the President wishes to employ any “power or authority” granted by statute for use during a national emergency. 1718 The NEA does not define “national emergency,”1819 but provides mechanisms for enhanced congressional oversight of emergency declarations and prevents those declarations from continuing in perpetuity. The NEA establishes procedures for declarations of national emergencies, requiring the President to     specify which statutory emergency authorities he intends to invoke upon a declaration of a national emergency;19 20  publish the proclamation of a national emergency in the Federal Register and transmit it to Congress;2021 maintain records and transmit to Congress all rules and regulations promulgated to carry out such authorities;21 22 and provide an accounting of expenditures directly attributable to the exercise of such authorities for every six-month period following the declaration. 2223   The NEA further provides that a national emergency will end (1) automatically after one year unless the President publishes a notice of renewal in the Federal Register, (2) upon a presidential declaration ending the national emergency, or (3) if Congress enacts a joint resolution terminating the emergency (which would likely require the votes of two-thirds majorities in each house of Congress to override a presidential veto). 2324 While the NEA directs each house of Congress to meet every six months to consider whether to end a national emergency by joint resolution, 24 Congress had never met to consider such a vote under that deadline prior to 2019. 25 Defense Production Act (DPA) and COVID-19: Key Authorities and Policy Considerations, by Michael H. Cecire and Heidi M. Peters. 16 See Table 1 under T itle 50. For an explanation of the NEA’s legislative history, see generally CRS Report 98-505, National Emergency Powers, by L. Elaine Halchin. 1617 50 U.S.C. § 1631 (providing that “no powers or authorities made available by statute for use in the event of an emergency shall be exercised unless and until the President specifies the provisions of law under which he proposes that he, or other officers will act”). 18 For a discussion of possible means of interpreting the meaning of “national emergency” as Congress intended it, see CRS Legal Sidebar LSB10267, Definition of National Emergency under the National Emergencies Act, by Jennifer K. Elsea. 17 19 20 50 U.S.C. §§ 1621, 1631. Applicable statutes include those that apply to any national emergency and are not limited to statutes that apply upon a presidential declaration of a national emergencyemergen cy. See Applicability of the Nat’l Emergencies Act to Statutes T hat Do Not Expressly Require the President to Declare A Nat’l Emergency, 2016 WL 10590109, at *5 (O.L.C. Aug. 24, 2016). 20 19 21 22 23 50 U.S.C. § 1621. 21 Id. § 1641. 22 Id. Id. 24 Id. § 1622. Although the original NEA authorized termination through a concurrent resolution, which does not require the President’s signature, Congress amended the provision in 1985 to require a joint resolution as a response to a 1983 Supreme Court decision holding that legislative vetoes were unconstitutional. See INS v. Chadha, 462 U.S. 919 (1983). 23 24 50 U.S.C. § 1622. 25 For information about congressional efforts to terminate a national emergency, see CRS Report R45908, Legal Authority to Repurpose Funds for Border Barrier Construction , by Jennifer K. Elsea and Edward C. Liu. Congressional Research Service 3 Emergency Authorities Under the NEA, Stafford Act, and PHSA Congressional Research Service 3 Emergency Authorities Under the NEA, Stafford Act, and PHSA meet every six months to consider whether to end a national emergency by joint resolution, 25 Congress had never met to consider such a vote under that deadline prior to 2019. 26 Although one purpose of the NEA was to end perpetual states of emergency, the law does grant the President authority to renew an emergency declaration. 2627 There are currently 3436 national emergency declarations in effect, 2728 some of which have been renewed for decades.2829 Methodology Table 1 identifies 116117 sections of the U.S. Code potentially activated by a presidential declaration of a national emergency. The table arranges the listed statutes by U.S. Code title, followed by a brief description of each activated authority. 2930 CRS compiled this list by searching all of Westlaw’s U.S. Code database for “TE(“national emergenc!”).”3031 CRS then used Westlaw’s “Citing References” function to identify all provisions of the U.S. Code that cross-reference 50 U.S.C. §§ 1621–1651, the provisions of the U.S. Code in which the NEA is codified. CRS cross-checked these results against similar compilations, including a study prepared by the Brennan Center for Justice31Justice32 and one included in an earlier CRS Report. 3233 Not every search result satisfied criteria for inclusion in Table 1. For example, a statute was excluded if   25 the relevant statutory provision has been transferred or repealed;33 34 the statute does not confer additional authority for the President or executive agency but instead, for example, provides an exception to general legal requirements for nongovernment entities, or requires that the executive branch notify Congress of certain actions taken;34 26 Id. § 1622(d). 27 50 U.S.C. § 1622. 26 For information about congressional efforts to terminate a national emergency, see CRS Report R45908, Legal Authority to Repurpose Funds for Border Barrier Construction , by Jennifer K. Elsea and Edward C. Liu. 27 28 29 Id. § 1622(d). For a list of active national emergencies, see CRS Report 98-505, National Emergency Powers, by L. Elaine Halchin. See id. 28 2930 T he survey overlaps considerably with similar lists compiled by other entities. Because of differences in methodologies employed, however, these surveys are not identical. For example, whereas Table 1 identifies 116 statutes that provide authorities upon a national emergency declaration by the President, a study by the BrennanBrenn an Center for Justice, BRENNAN CENTER FOR JUSTICE , A GUIDE TO EMERGENCY P OWERS AND THEIR USE (2019), https://www.brennancenter.org/sites/default/files/legislation/EmergencyEmergen cy%20Powers_Printv2.pdf , cited in congressional hearings, e.g., Hearing on the National Emergencies Act of 1976 Before the Subcomm. on the Constitution of the H. Comm. on the Judiciary (116th Cong. 2019) (statement of Elizabeth Goitein, Co -Director, LibertyLibert y and National Security Program of the Brennan Center for Justice), identified 136 statutes triggered by emergency declarations. T he Brennan Center study includes some statutes omitted from Table 1 because they did not meet criteria for inclusion (e.g., statutory authorities that may only be triggered by a congressional declaration of a national emergency; statutory authorities that have been repealed; statutory authorities that do not implicate the NEA). 30 31 T he T E segment in Westlaw restricts searches to the statutory text. 31 32 BRENNAN CENTER FOR JUSTICE, supra note 29. 32 30. CRS Report RL31133, Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications, by Jennifer K. Elsea and Matthew C. Weed. T he 2014 Report lists various statutory authorities triggered by a declaration of a national emergency (either by the President or Congress), a declaration of war, or the existence of military hostilities. 33 34 For example, the survey in CRS Report RL31133 identified 10 U.S.C. § 871(b), which allowed for the commutation of a court-martial sentence of dismissal to a reduction in grade “ in time of war or national emergency” and which was repealed after the CRS Report’s publication. 34 See, e.g., 50 U.S.C. § 1703 (requiring the President to submit a report to Congress whenever he exercises emergency authorities under the International Emergency Economic Powers Act ); 20 U.S.C. § 1091c (providing that a student who is absent from an institution of higher education by reason of service in the uniformed services can seek readmission if the cumulative absence does not exceed five years, but that period is tolled for service performe d because of a “war or national emergency declared by the President ”); 22 U.S.C. § 4056 (providing that a member of the Foreign Service Congressional Research Service 4 Emergency Authorities Under the NEA, Stafford Act, and PHSA  Congressional Research Service 4 Emergency Authorities Under the NEA, Stafford Act, and PHSA requirements for nongovernment entities, or requires that the executive branch notify Congress of certain actions taken; 35  the statute limits executive authority in some way; 35 36   the statute imposes a requirement on executive officers that is not discretionary;36  37 the authority can only be activated by a congressional declaration of a national emergency;3738 the statute includes measures in preparation for potential emergencies that may occur in the future, but does not include any grants of power that are triggered by an emergency declaration;38 the statute does not refer to a “national emergency”39 —meaning, for example, that the survey excludes (1) statutory authorities concerning the production and transfer of natural gas that may be activated if the President declares a “natural gas supply emergency,”40 and (2) statutory authorities concerning disaster relief   39  35 See, e.g., 50 U.S.C. § 1703 (requiring the President to submit a report to Congress whenever he exercises emergency authorities under the International Emergency Economic Powers Act ); 20 U.S.C. § 1091c (providing that a student who is absent from an institution of higher education by reason of service in the uniformed services can seek readmission if the cumulative absence does not exceed five years, but that period is tolled for service performed because o f a “war or national emergency declared by the President ”); 22 U.S.C. § 4056 (providing that a member of the Foreign Service who has left the Service to enter military service “during a period of war, or national emergency proclaimed by the President or declared by the Congress” has not, for retirement benefit purposes, left the Service unless more than 5 years expire prior to return); 37 U.S.C. § 202 (entitling an officer in the Coast Guard who holds a permanent appointment as rear admiral (lower half) on the retiredret ired list, and who “in time of war or national emergency has served satisfactorily on active duty for two years in that grade or in a higher grade,” to the pay of a rear admiral when on active duty); 38 U.S.C. § 4312 (limiting the reemployment rights of thoseth ose absent from their jobs because of service in the uniformed service to five years unless a longer absence is because the individual, inter alia, was “ordered to or retained on active duty (other than for training) under any provision o fof law because of a war or national emergency declared by the President or Congress, as determined by the Secretary concerned”). 3536 See, e.g., 10 U.S.C. § 8386 (providing that the Secretary of the Navy may not release a member of the Fleet Reserve or the Fleet Marine Corps Reserve from active duty “in time of war or national emergency declared by Congress or by the President” unless certain conditions are met); 20 U.S.C. § 1087dd (providing that “[n]o repayment of principal of, or interest on, any loan from a student loan fund assisted under this part shall be required during any period during which the borrower is serving on active duty during a war or other military operation or national emergency; or is performing qualifying National Guard duty during a war or other military operation or national emergency, and for the 180-day period following the demobilization date for the service”). 3637 See, e.g., 15 U.S.C. § 637 (requiring the Small Business Administration to “utilize, as appropriate, its entrepreneurial development and management assistance programs, including programs involving State or private sector partners, to provide business counseling and training to any small business concern adversely affected by the deployment of units of the Armed Forces of the United States in support of a period of military conflict,” which includes “a period of war declared by Congress [or] a period of national emergency declared by the Congress or the President . . . ”). See, e.g., 10 U.S.C. § 519 (providing that “ in time of war or of national emergency declared by Congress” enlistments in the armed forces shall be for the duration of the war or emergency plus six months). T he Brennan Center study identifies 13 statutes triggered by a congressional declaration of a national emergency. See BRENNAN CENTER FOR JUSTICE , supra note 29. 37 38 30. 39 See, e.g., 31 U.S.C. § 3727 (permitting a contract with DOD, the General Services Administration (GSA), and the Department of Energy to provide, or to be changed without consideration to provide, that a future payment under a contract to an assignee is not subject to reduction or setoff “during a war or national emergency proclaimed by the President or declared by law and ended by proclamation or law ”); 46 U.S.C. § 53107 (requiring the Secretary of T ransportation to include in each operating agreement with merchant security fleet contractors an Emergency Preparedness Agreement providing that, “upon a request by the Secretary of Defense during time of war or national emergency, or whenever determined by the Secretary of Defense to be necessary for national security or contingencyco ntingency operation . . . , a contractor for a vessel covered by an operating agreement under this chapter shall make available commercial transportation resources (including services)”); id. § 57105 (providing that “[t]he Secretary of T ransportation may acquire a vessel, by purchase or otherwise, if the Secretary of the Navy has certified to the Secretary of T ransportation that the vessel is suitable for economical and speedy conversion into a naval or military auxiliary or otherwise suitable for use by the United States Government in time of war or national emerge ncy”). See, e.g., 10 U.S.C. § 978 (providing that, “[i]n time of war, or time of emergency declared by Congress or the President,” the President may suspend the requirement to screen recruits for drug or alcohol use or dependence). 39 See, e.g., 15 U.S.C. §§  3361-3364 (providing authorities for the purchase and allocation of emergency supplies of gasoline, along with the imposition of special requirements on pipelines for the transportation of natural gas, upon the President’s declaration of a “natural gas supply emergency”). 40 Congressional Research Service 5 Emergency Authorities Under the NEA, Stafford Act, and PHSA  emergency”). 38 Congressional Research Service 5 Emergency Authorities Under the NEA, Stafford Act, and PHSA   the statute does not refer to a “national emergency”40 —meaning, for example, that the survey excludes (1) statutory authorities concerning the production and transfer of natural gas that may be activated if the President declares a “natural gas supply emergency,”41 and (2) statutory authorities concerning disaster relief and emergency assistance that become available when an “emergency” is declared under the Stafford Act, which are addressed in Table 2 of this report;4142 or the statute applies to a specific emergency that had already been declared, and these statutory authorities will lapse once the declared emergency is over, such as some provisions of the CARES Act applicable only to the “national emergency” declared with respect to the COVID-19 pandemic. 4243 Although these criteria were intended to help ensure that only statutory authorities activated by a presidential declaration of a “national emergency” were captured, they also led to the exclusion of certain statutes that, while not using the term “national emergency,” might nonetheless be considered relevant. 4344 The table lists definitional statutes where a term is defined in reference to a declared emergency, but the table does not list statutes that use that term in lieu of specifically referencing a declared national emergency. 4445 Limitations A search using the methodology described above was performed on June 2July 13, 2020. The search may may not have captured all relevant authorities currently in effect. For example, for purposes of manageability, the methodology captures only statutes codified in the U.S. Code. 4546 The criteria used to identify statutes also excluded some potentially relevant authorities that do not expressly refer to a “national emergency,” because these do not require a proclamation under the NEA, but some may nonetheless have functionally served similar purposes. 46 41 See, e.g., 10 U.S.C. § 978 (providing that, “[i]n time of war, or time of emergency declared by Congress or the President,” the President may suspend the requirement to screen recruits fo r drug or alcohol use or dependence). 41 See, e.g., 15 U.S.C. §§  3361-3364 (providing authorities for the purchase and allocation of emergency supplies of gasoline, along with the imposition of special requirements on pipelines for the transportation of na tural gas, upon the President’s declaration of a “natural gas supply emergency”). 40 42 Disaster Relief Act of 1974, Pub. L. No. 93-288, 88 Stat. 1143 (1974) (retitled the Robert T . Stafford Disaster Relief and Emergency Assistance Act and codified, as amended, at 42 U.S.C. §§ 5121-5207). This authority is described below in “ T he Stafford Act .” 4243 See, e.g., 22 U.S.C. § 8791 note (imposing sanctions “in connection with the national emergency with respect to Syria”); 10 U.S.C. § 2326 note (providing “t he head of an agency may waive the provisions of section 2326(b) of title 10, United States Code, with respect to a contract of such agency if the head of the agency determines that the waiver is necessary due to the national emergency for the Coronavirus Disease 2019 (COVID–19)”). 4344 See, e.g., 10 U.S.C. § 12243 (enabling the President to suspend any law relating to the promotion or mandatory retirement or separation of permanent reserve warrant officers “in time of war, or of emergency declared after May 29, 1954, by Congress or the President ”). 4445 See, e.g., 42 U.S.C. § 204a (defining “[u]rgent or emergency public health care need” as “a health care need, . . . arising as the result of a national emergency declared by the President under the National Emergencies Act (50 U.S.C. §§ 1601, et seq.). . . .”); id. § 215 (permitting the Secretary of HHS to deploy members of the Commissioned Corps of the Public Health Service outside of HHS to address an “urgent or emergency health care need”). 4546 In short, a search of all laws ever enacted would have been a daunting undertaking, and statutory provisions not codified in the U.S. Code would be unlikely to fit other criteria used to determine inclusion (e.g., the laws had expired, or concerned a provision that did not augment the authorities of the implemen tingimplementing agency, such as a reporting requirement or instruction for the agency to engage in a study). For Information about the codification of statutes, see the Office of the Law Revision Counsel, About Classification of Laws to the United States Code, https://uscode.house.gov/about_classification.xhtml. 46 See, e.g., 10 U.S.C. § 978. Congressional Research Service 6 Emergency Authorities Under the NEA, Stafford Act, and PHSA refer to a “national emergency,” because these do not require a proclamation under the NEA, but some may nonetheless have functionally served similar purposes. 47 Table 1. Statutory Authorities Triggered by a Presidential Declaration of a National Emergency Citation Description Title 5—Government Organization and Employees 5 U.S.C. § 5303 Annual adjustments to pay schedules Allows the President, “because of national emergency or serious economic conditions affecting the general welfare,” to alter the annual adjustment in pay schedules that would otherwise be effective for federal employees. 5 U.S.C. § 5304a Locality-based comparability payments Allows the President, “because of national emergency or serious economic conditions affecting the general welfare,” to alter the locality-based comparability pay increases that would otherwise be effective. Title 7—Agriculture 7 U.S.C. § 1332 National marketing quota Requires the Secretary of Agriculture to increase or terminate a national marketing quota for wheat as necessary in case of “a national emergency or . . . a material increase in the demand for wheat.” (Note: This authority was suspended from 1996 to 2002, 7 U.S.C. § 7301(a), and from 2002 to 2007, 7 U.S.C. § 7992(a)(1). For other suspensions, see note to 7 U.S.C. § 1332.) 7 U.S.C. § 1371 General adjustment of quotas Requires the Secretary of Agriculture to increase or terminate a national marketing quota or acreage allotment for cotton or rice, if necessary to meet “a national emergency or . . . a material increase in export demand.” 7 U.S.C. § 1743 Allows the Commodity Credit Corporation to dispose of commodity set-asides “in accordance with the directions of the President . . . to meet any national emergency declared by the President.” 7 U.S.C. § 4208 Provides that the policies stated in the Farmland Protection Policy Act (7 U.S.C. §§ 42014208) do not apply “to the acquisition or use of farmland for national defense purposes during a national emergency.” 7 U.S.C. § 5712 Export reporting and contract sanctity Allows the President to prohibit or curtail the export of any agricultural commodity “ during a period for which the President has declared a national emergency or for which the Congress has declared war.” Reduction of setaside Limitations Title 10—Armed Forces 10 U.S.C. § 123 Authority to suspend officer personnel laws during war or national emergency Authorizes the President to “suspend the operation of any provision of law relating to the promotion, involuntary retirement, or separation of commissioned officers of the Army, Navy, Air Force, Marine Corps, or Coast Guard Reserve . . . in time of war, or of a national emergency declared by Congress or the President” until one year after the war or national emergency terminates. 10 U.S.C. § 123a Suspension of endstrength and other strength limitations in time of war or national emergency Authorizes the President to defer any end-strength limitation prescribed by law for any military or civilian component of the armed forces if “there is in effect a war or national emergency” until six months after the war or national emergency terminates. 47 See, e.g., 10 U.S.C. § 978. Congressional Research Service 7 Emergency Authorities Under the NEA, Stafford Act, and PHSA Citation Description 10 U.S.C. § 155 Joint Staff Lifts the four-year limitation on the tours of duty of officers assigned or detailed to duty on the Joint Staff of the Joint Chiefs of Staff “in time of war; or during a national emergency declared by the President or Congress.” Congressional Research Service 7 Emergency Authorities Under the NEA, Stafford Act, and PHSA Citation Description 10 U.S.C. § 194 Limitations on personnel Lifts the caps on the number of armed forces and civilian employees that can be assigned or detailed to permanent duty in management headquarters activities or otherwise in the Defense Agencies and DOD Field Activities “in time of war; or during a national emergency declared by the President or Congress.” 10 U.S.C. § 527 Authority to suspend sections 523, 525, and 526 Allows the President to suspend the limitations placed on the number of general officers in the Army, Air Force, and Marines and of flag officers in the Navy, and the number of such officers who may be designated in various ranks, “in time of war, or of national emergency declared by Congress or the President” until up to one year after the war or national emergency terminates. 10 U.S.C. § 603 Appointments in time of war or national emergency. Allows the President to appoint “any qualified person” to any officer grade in the Army, Navy, Air Force, and Marines up to major general or rear admiral “in time of war, or of national emergency declared by the Congress or the President” for up to two years or six months after the war or national emergency has terminated, whichever occurs first. 10 U.S.C. § 620 Active-duty lists Allows the Secretary of a military department to exclude a reserve officer ordered to active duty “during a war or national emergency” from the active duty roster of officers. 10 U.S.C. § 688 Retired members: authority to order to active duty Waives the 12-month limitation on the period for which retired members of the armed forces can be recalled to active duty and the prohibition on recalling certain categories of retired officers to active duty “in time of war or of national emergency declared by Congress or the President.” 10 U.S.C. § 690 Retired members ordered to active duty: limitations on number Waives the limitation on the number of retired general officers and flag officers who may be on active duty at any one time “in time of war or of national emergency declared by Congress or the President.” 10 U.S.C. § 708 Educational leave of absence Allows the Secretary of a military department to cancel a leave of absence granted for educational purposes “in time of war, or of national emergency declared by Congress or the President.” 10 U.S.C. § 712 Foreign governments: detail to assist Allows the President to detail members of the armed forces to any foreign country he deems advisable to assist in military matters “during a war or a declared national emergency.” 10 U.S.C. § 857 Effective date of sentences Provides that in time of war or national emergency the Secretary of a military service or designee may commute a sentence of dismissal of a commissioned officer, cadet, or midshipman to reduction to any enlisted grade. “A person so reduced may be required to serve for the duration of the war or emergency and six months thereafter.” 10 U.S.C. § 1060c Provision of veterinary services in emergencies Authorizes certain veterinary professionals employed or certified by the Department of Defense or who are members of the National Guard to provide veterinary services in certain contexts, including in response to a “national emergency,” without regard to where such veterinary professional or the patient animal are located, if the provision of such services is within the scope of the authorized duties of such veterinary professional for the Department of Defense. 10 U.S.C. § 1076a TRICARE dental program Permits the Secretary of Defense, during a “national emergency declared by the President or Congress,” to waive the charges otherwise payable by a member of the Selected Reserve of the Ready Reserve or a member of the Individual Ready Reserve for dental insurance coverage if necessary to ensure readiness for deployment. Congressional Research Service 8 Emergency Authorities Under the NEA, Stafford Act, and PHSA Citation Description 10 U.S.C. § 1491 Funeral honors functions at funerals for veterans Allows the Secretary of Defense to waive the requirement that a funeral honors detail be provided for the funeral of any veteran if “necessary . . . to meet the requirements of war, national emergency, or a contingency operation or other military requirements.” 10 U.S.C. § 1580 Emergency essential employees Allows the Secretary of Defense or of the military department concerned to designate any employee of DOD as an emergency essential employee if they provide immediate support to combat operations in a combat zone “in connection with a war, a national emergency declared by Congress or the President, or the commencement of combat operations of the armed forces in the zone.” Congressional Research Service 8 Emergency Authorities Under the NEA, Stafford Act, and PHSA Citation Description 10 U.S.C. § 2208 Working-capital funds Allows the Secretary of Defense to waive the requirement that Congress be given written notification of the advance billing of a customer of a working-capital fund “during a period of war or national emergency.” 10 U.S.C. § 2350j Burden sharing contributions by designated countries and regional organizations Permits the Secretary of Defense, or Secretary of a military department authorized by Secretary of Defense, to carry out military construction project using funds contributed from NATO and other countries without a full report to Congress and waiting period "in which the project is carried out by reason of a declaration of war, or a declaration by the President of a national emergency . . . ." 10 U.S.C. § 2461 Public-private competition required before conversion to contractor performance Provides that the conditions and prerequisites to privatizing a DOD commercial or industrial type function do “not apply during war or during a period of national emergency declared by the President or Congress.” 10 U.S.C. § 2632 Transportation to and from certain places of employment and on military installations Allows the Secretary of a military department to provide transportation for employees working in a private plant that is manufacturing material for that department “during a war or a national emergency declared by Congress or the President.” 10 U.S.C. § 2662 Real property transactions: reports to congressional committees Provides that the congressional notice and wait provisions governing certain real property transactions by the Secretary of a military department and by the General Services Administration (GSA) for the DOD do not apply, inter alia, if the transaction results from “a declaration of war . . . or a declaration of a national emergency by the President pursuant to the National Emergencies Act.” 10 U.S.C. § 2808 Construction authority in the event of a declaration of war or national emergency Provides that the Secretary of Defense and the Secretaries of the military departments, with the Secretary of Defense’s authorization, may “without regard to any other provision of law” undertake military construction projects “not otherwise authorized by law” if necessary to support the use of the armed forces “in the event of a declaration of war or the declaration by the President of a national emergency under the National Emergencies Act that requires use of the armed forces.” 10 U.S.C. § 7014 Office of the Secretary of the Army Provides that the ceilings on the number of members of the armed forces, civilians, officers, and general officers that may be assigned or detailed for duty in the Office of the Secretary of the Army and on the Army Staff “do not apply in time of war or during a national emergency declared by the President or Congress.” Congressional Research Service 9 Emergency Authorities Under the NEA, Stafford Act, and PHSA Citation Description 10 U.S.C. § 7375 Production of supplies and munitions: hours and pay of laborers and mechanics Prescribes that “during a national emergency declared by the President” the regular working hours of laborers producing military supplies or munitions for the Army are eight hours a day and 40 hours a week, but allows these limits to be exceeded under regulations prescribed by the Secretary of the Army. 10 U.S.C. § 8014 Office of the Secretary of the Navy Provides that the ceilings on the number of members of the armed forces, civilians, officers, and general and flag officers that may be assigned or detailed for duty in the Office of the Secretary of the Navy, the Office of the Chief of Naval Operations, and the Headquarters Marine Corps “do not apply in time of war or during a national emergency declared by the President or Congress.” Congressional Research Service 9 Emergency Authorities Under the NEA, Stafford Act, and PHSA Citation Description 10 U.S.C. § 8102 Regular Navy: retired flag officers on active duty Provides that the limitation to ten on the number of retired flag officers whowh o may be on active duty at any one time in the Regular Navy does not apply “in time of war or national emergency.” 10 U.S.C. § 8103 Suspension: preceding sections Authorizes the President to suspend any provision of the “preceding sections” during a war or national emergency. (The only relevant preceding section that has not been repealed, § 8102, has its own exception for war or national emergency.) 10 U.S.C. § 8385 Members of the Fleet Reserve and Fleet Marine Corps Reserve: authority to recall Provides that members of the Fleet Reserve and Fleet Marine Corps Reserve may be ordered to active duty “in time of war or national emergency declared by Congress, for the duration of the war or national emergency and for six months thereafter, . . [and] in time of national emergency declared by the President . . . .” 10 U.S.C. § 8624 Transportation on naval vessels during wartime Authorizes the Secretary of the Navy “[i]n time of war or during a national emergency declared by the President,” to permit persons to be transported and subsisted on naval vessels at government expense. 10 U.S.C. § 9014 Office of the Secretary of the Air Force Provides that the ceilings on the number of members of the armed forces, civilians, officers, and general officers that can be assigned or detailed for duty in the Office of the Secretary of the Air Force do not apply “in time of war or during a national emergency declared by the President or Congress.” 10 U.S.C. § 9375 Production of supplies and munitions: hours and pay of laborers and mechanics Provides that “during a national emergency declared by the President” the working hours of laborers and mechanics employed by the Department of the Air Force are eight hours a day and 40 hours a week but allows the Secretary of the Air Force to alter these hours by regulation. 10 U.S.C. § 12006 Strength limitations: authority to waive in time of war or national emergency Allows the President, “in time of war, or of national emergency,” to suspend the statutory ceilings placed on the number of reserve commissioned officers, reserve general officers, and rear admirals in the Army, Navy, Air Force, and Marine Corps reserves for up to one year beyond the end of the war or national emergency, notwithstanding the earlier termination date prescribed by the NEA. Congressional Research Service 10 Emergency Authorities Under the NEA, Stafford Act, and PHSA Citation Description 10 U.S.C. § 12302 Ready Reserve Allows the Secretary of a military department, “in time of national emergency declared by the President after January 1, 1953, or when otherwise authorized by law,” to order any member or unit of the Ready Reserve to active duty without their consent for up to 24 months. With respect to reservists called up under this provision as well as some others. the President is authorized by 10 U.S.C. § 12305 to suspend any provision of law relating to promotion, retirement, or separation applicable to any member of the armed forces who the President determines is essential to the national security of the United States. 10 U.S.C. § 12311 Active duty agreements Provides that if an agreement between the Secretary of the military service concerned and a member of the reserves specifying a set term of active duty expires “during a war or during a national emergency declared by Congress or the President,” the Reserve may be kept on active duty without his consent. 10 U.S.C. § 14317 Officers in transition to and from the active-status list or active-duty list Provides that reserve officers not on the active-duty list, when ordered to active duty “in time of war or national emergency,” may be considered for promotion by a mandatory or special selection board; or in the case of an officer who “is serving on active duty in support of a contingency operation, by a vacancy promotion board.” Congressional Research Service 10 Emergency Authorities Under the NEA, Stafford Act, and PHSA Citation Description Title 14—Coast Guard 14 U.S.C. § 104 Removing restrictions Provides that legal changes lifting restrictions on the Navy “for the duration of a war or national emergency proclaimed by the President,” including those regarding procurement and personnel, shall automatically apply to the Coast Guard. 14 U.S.C. § 932 Administration of oaths Allows commissioned and warrant officers of the Coast Guard to perform all of the functions of a notary public “in time of war or national emergency.” 14 U.S.C. § 2125 Wartime temporary service promotions Allows the President, “in time of war, or of national emergency declared by the President or Congress,” to suspend any section of this chapter with respect to the selection, promotion, or involuntary separation of Coast Guard officers and to promote to the next higher grade any officer serving on active duty in the grade of ensign or above and any warrant officer serving on active duty in a grade below chief warrant officer, until up to six months after the end of the war or national emergency. 14 U.S.C. § 2127 Recall to active duty during war or national emergency Allows the Secretary of the department under which the Coast Guard is operating to order any regular officer of the Coast Guard on the retired list to active duty “in time of war or national emergency.” 14 U.S.C. § 2308 Recall to active duty during war or national emergency Allows the Commandant to order any enlisted member of the Coast Guard on the retired list to active duty “in times of war or national emergency.” 14 U.S.C. § 2314 Detention beyond term of enlistment Allows an enlisted member of the Coast Guard to be detained beyond the term of his enlistment “during a period of war or national emergency as proclaimed by the President, and, in the interest of national defense,” for up to six months after the end of the war or emergency. 14 U.S.C. § 2317 Aviation cadets; procurement transfers Requires that at least 20% of the aviation cadets procured in each fiscal year be qualified enlisted members of the Coast Guard, “except in time of war or national emergency.” Congressional Research Service 11 Emergency Authorities Under the NEA, Stafford Act, and PHSA Citation Description 14 U.S.C. § 2779 Transportation to and from certain places of employment Allows the Secretary of the department under which the Coast Guard is operating to provide transportation to and from work for persons employed by a privatep rivate plant manufacturing material for the Coast Guard “during a war or during a national emergency declared by Congress or the President.” 14 U.S.C. § 3735 Authorized number of officers Provides that the President may, if there is in effect a declaration of war or national emergency at the end of any fiscal year, suspend any end-strength limitation prescribed by law for the number of officers in the Coast Guard Reserve for a period not to exceed 6 months after the end of the war or national emergency. 14 U.S.C. § 4903 Authorization of personnel end strengths Provides that the President may, if a declaration of war or national emergency is in effect at the end of any fiscal year, suspend any end-strength limitation prescribed by law for any military or civilian component of the Coast Guard for a period not to exceed six months after the end of the war or national emergency. Congressional Research Service 11 Emergency Authorities Under the NEA, Stafford Act, and PHSA Citation Description Title 15—Commerce and Trade 15 U.S.C. § 636 Additional powers Provides for the deferral of the repayment of interest and principal on direct loans by the Small Business Administration to a member of a reserve component who is ordered to active duty during a “period of military conflict,” defined to mean “a period of war declared by Congress [or] a period of national emergency declared by the Congress or the President . . . .” Title 16—Conservation 16 U.S.C. § 440 Closure in times of national emergency Allows Fort McHenry to be closed “in case of a national emergency” and to be used for military purposes “during the period of the emergency.” Title 17—Copyrights 17 U.S.C. § 710 Emergency Relief Authority If the Register of Copyrights determines that a national emergency declared by the President “generally disrupts or suspends the ordinary functioning of the copyright system . . . the Register may, on a temporary basis, toll, waive, adjust, or modify any timing provision . . . for no longer than the Register reasonably determines to be appropriate to mitigate the impact of the disruption caused by the national emergency.” This authorityauth ority was added by the CARES Act and expires December 31, 2021. Title 18—Crimes and Criminal Procedure 18 U.S.C. § 793 Gathering, transmitting or losing defense information Establishes criminal penalties for gathering or transferring information regarding the national defense for purposes of injuring the United States or giving advantage to a foreign nation, including information related to a prohibited place “designated by the President by proclamation in time of war or in case of national emergency in which anything for the use of the Army, Navy, or Air Force is being prepared or constructed or stored, information as to which prohibited place the President has determined would be prejudicial to the national defense.” 18 U.S.C. § 2153 Destruction of war material, war premises, or war utilities Provides criminal penalties for the destruction of war material, war premises, or war utilities “when the United States is at war, or in times of national emergency as declared by the President or by the Congress.” Congressional Research Service 12 Emergency Authorities Under the NEA, Stafford Act, and PHSA Citation 18 U.S.C. § 2154 Production of defective war material, war premises, or war utilities Description Sets forth criminal penalties for the production of defective war material, war premises, or war utilities “when the United States is at war, or in times of national emergency as declared by the President or by the Congress,” Congressional Research Service 12 Emergency Authorities Under the NEA, Stafford Act, and PHSA Citation Description Title 19—Customs Duties Title 19—Customs Duties 19 U.S.C. § 1318 Emergencies Allows the Secretary of the Treasury, “whenever the President shall by proclamation declare an emergency to exist by reason of a state of war, or otherwise,” to have additional time to perform any act prescribed by the Tariff Act of 1930, as amended, and t o permit the import of food, clothing, and medical supplies for use in emergency relief work free of duty. (This function was transferred to the Secretary of Commerce, to be exercised in consultation with the Secretary of the Treasury, under Reorganization Plan No. 3 of 1979, 19 U.S.C. § 2171 note, and therefore does not appear to be subject to delegation to the Secretary of Homeland Security pursuant to 6 U.S.C. § 212.) Also authorizes the Secretary of the Treasury, “when necessary to respond to a national emergency declared under the National Emergencies Act,” to eliminate, consolidate, or relocate temporarily any office of the Customs Service, to modify its hours of service or services rendered, and to “take any other action necessary to respond directly to the national emergency . . . .” (This authority may be delegated to the Secretary of Homeland Security pursuant to 6 U.S.C. § 212.) Title 20—Education 20 U.S.C. § 79 Barro Colorado Island in Gatun Lake by set aside Directs that Barro Colorado Island in Gatun Lake in the Canal Zone be left in its natural state for scientific observation and investigation “except in the event of declared national emergency.” 20 U.S.C. § 1087e Terms and condition of loans Permits the Department of Education to defer student loans during which the borrower is serving on active duty or performing qualifying National Guard duty “during a war or other military operation or national emergency.” 20 U.S.C. § 1098bb Waiver authority for response to military contingencies and national emergencies Authorizes the Secretary of Education to waive or modify statutory and regulatory provisions applicable to student financial aid programs as the Secretary deems necessary “in connection with a war or other military operation or national emergency” for the relief of an affected individual. 20 U.S.C. § 1098ee Definitions Defines an “affected individual,” in U.S. Code chapter including provisions concerning th ethe Secretary of Education’s authority to waive certain requirements related to student financial aid programs, to mean one who is “serving on active duty during a war or other military operation or national emergency [declared by the President]” or “is performing qualifying National Guard duty during a war or other military operation or national emergency,” among other things. Title 23—Highways 23 U.S.C. § 127 Vehicle weight limitationsInterstate System Permits the Secretary of Transportation to waive vehicle weight limits on the portion of Interstate Route 95 in Maine between Augusta and Bangor for the purpose of making bulk shipments of jet fuel to the air National Guard Base at the Bangor International Airport “during a period of national emergency.” Congressional Research Service 13 Emergency Authorities Under the NEA, Stafford Act, and PHSA Citation Description Title 31—Money and Finance 31 U.S.C. § 3522 Making and submitting accounts Extends the time for the armed forces to submit accounts to the Comptroller General from the usual 60 days to 90 days “during a war or national emergency and for 18 months after the war or emergency ends.” Congressional Research Service 13 Emergency Authorities Under the NEA, Stafford Act, and PHSA Citation Description Title 33—Navigation and Navigable Waters 33 U.S.C. § 854a-1 Temporary appointment or advancement of commissioned officers in time of war or national emergency Provides that “[p]ersonnel of the National Oceanic and Atmospheric Administration shall be subject in like manner and to the same extent as personnel of the Navy to all laws authorizing temporary appointment or advancement of commissioned officers in time of war or national emergency” subject to the certain limitations. 33 U.S.C. § 1902 Ships subject to preventive measures States that provisions applying pollution control standards derived from the MARPOL Protocol to warships, naval auxiliaries, and vessels owned by the United States, other than submersibles, shall not apply “during time of war or a declared national emergency.” 33 U.S.C. § 2293 Reprogramming during national emergencies Authorizes the Secretary of the Army, “in the event of a declaration of war or a declaration by the President of a national emergency in accordance with the National Emergencies Act that requires or may require use of the Armed Forces,” to terminate or defer Army civil works projects that he determines are not essential to the national defense and to apply the resources to projects that are essential. 33 U.S.C. § 2503 Prohibition Lifts the prohibition on the ocean dumping of potentially infectious medical waste by public vessels “during time of war or a declared national emergency.” 33 U.S.C. § 3030 Temporary appointment or advancement of commissioned officers in time of war or national emergency Provides that the laws that pertain to the temporary appointment or advancement of commissioned officers “in time of war or national emergency” in the Navy shall also apply to officers of the National Oceanic and Atmospheric Administration, subject to a few limitations. 33 U.S.C. § 3061 Cooperation with and transfer to military departments Authorizes the President, “whenever in his judgment a sufficient national emergency exists,” to transfer such vessels, equipment, stations, and commissioned officers of NOAA to a military department “as he may deem in the best interests of the country.” Title 35—Patents 35 U.S.C. § 181 Secrecy of certain invention and withholding of patent Provides that an order by the Commissioner of Patents that a patent or patent application be kept secret for national security reasons, which otherwise must be renewed each year, shall remain in effect “during a time when the United States is at war” and for one year following the cessation of hostilities and “during a national emergency declared by the President” and for six months thereafter. Congressional Research Service 14 Emergency Authorities Under the NEA, Stafford Act, and PHSA Citation Description Title 37—Pay and Allowances of the Uniformed Services 37 U.S.C. § 477 Travel and transportation allowances: dislocation allowance Provides that the exceptions to the prohibition on members of the uniformed services receiving more than one dislocation allowance a year “does not apply in time of national emergency or in time of war.” Congressional Research Service 14 Emergency Authorities Under the NEA, Stafford Act, and PHSA Citation 37 U.S.C. § 1009 Adjustments of monthly basic pay Description Permits the President to provide for alternative pay adjustments if he considers the formula otherwise required by law to be inappropriate because of “national emergency or serious economic conditions affecting the general welfare,” provided a plan for such alternative adjustment is submitted to Congress by September 1 of the preceding year. Title 38—Veterans’ Benefits 38 U.S.C. § 1721 Power to make rules and regulations Authorizes the Secretary of the Department of Veterans Affairs to prescribe rules for good conduct by those receiving services in Department facilities “during a period of national emergency (other than a period of war or an emergency described in section 8111A of [title 38]).” 38 U.S.C. § 4303 Definitions Includes within the definition of “uniformed services” for purposes of entitlement to the reemployment and other rights protected by the statute “the Armed Forces, the Army National Guard and the Air National Guard . . . , the commissioned corps of the Public Health Service, and any other category of persons designated by the President in time of war or national emergency.” 38 U.S.C. § 8111A Furnishing of healthcare services to members of the Armed Forces during a war or national emergency Authorizes the Secretary of the Department of Veterans Affairs to provide hospital care, nursing home care, and medical services to members of the armed forces on active duty “during and immediately following a period of war, or a period of national emergency declared by the President or the Congress that involves the use of the Armed Forces in armed conflict.” Title 40—Public Buildings, Property, and Works 40 U.S.C. § 545 Procedure for disposal Allows the GSA to negotiate disposal and contracts for disposal of surplus property without first seeking public bids “during the period of a national emergency declared by the President or the Congress” subject to obtaining “such competition as is feasible under the circumstances, if necessary in the public interest.” 40 U.S.C. § 905 Waiver Allows the GSA to waive the procedures otherwise applicable to the disposal or acquisition of real property in urban areas “during any period of national emergency proclaimed by the President.” 40 U.S.C. § 3147 Suspension of this subchapter during a national emergency Allows the President to suspend the requirements of the Davis-Bacon Act mandating that laborers and mechanics on federal and DC construction and public works projects be paid prevailing wages “in the event of a national emergency.” 40 U.S.C. § 8722 Proposed Federal and district developments and projects Excludes from the consultation procedures mandated for federal and DC agencies with the National Capital Planning Commission for construction projects in DC “structures erected by the Department of Defense during wartime or national emergency within existing military, naval, or Air Force reservations, except that the appropriate defense agency shall consult with the Commission as to any developments which materially affect traffic or require coordinated planning of the surrounding area.” Congressional Research Service 15 Emergency Authorities Under the NEA, Stafford Act, and PHSA Citation Description Title 41—Public Contracts 41 U.S.C. § 1710 Public-private competition required before conversion to contractor performance Provides that requirements for public-private competition prior to the conversion of an agency function to contractor performance do not apply “during war or during a period of national emergency declared by the President or Congress.” Congressional Research Service 15 Emergency Authorities Under the NEA, Stafford Act, and PHSA Citation 41 U.S.C. § 3304 Use of noncompetitive procedures Description Authorizes executive agencies to use noncompetitive procurement procedures if “it is necessary to award the contract to a particular source or sources in order (A) to maintain a facility, producer, manufacturer, or other supplier available for furnishing property or services in case of a national emergency or to achieve industrial mobilization . . . .” Title 42—The Public Health and Welfare 42 U.S.C. § 204 Commissioned Corps and Ready Corps Establishes in the Public Health Service a Ready Reserve Corps for the purpose of securing a reserve for duty in the Service “in time of public health or national emergency,” which is to “be available and ready for involuntary calls to active duty during national emergencies and public health crises, similar to the uniformed service reserve personnel.” 42 U.S.C. § 204a Deployment readiness Defines “[u]rgent or emergency public health care need,” with reference to deployment of the Commissioned Corps of the Public Health Service, as “a health care need, as determined by the Secretary, arising as the result of a national emergency declared by the President under the National Emergencies Act (50 U.S.C. §§ 1601, et seq.); an emergency or major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, a public health emergency declared by the Secretary und erunder section 247d of . . . title 42 or any emergency that, in the judgment of the Secretary, is appropriate for the deployment of members of the [Commissioned] Corps.” 42 U.S.C. § 211 Promotion of commissioned officers Allows commissioned officers in the Regular Corps of the Public Health Service to be recommended for promotion to any higher grade in their category, including the direct ordirector grade, whether or not a vacancy exists in such grade, “in time of war or of national emergency proclaimed by the President.” 42 U.S.C. § 300ff83 Public health emergency Authorizes the Secretary of HHS to waive requirements with respect to certain Human Immunodeficiency Virus programs during an emergency or disaster declared by the President pursuant to the NEA, among other authorities. 42 U.S.C. § 1320b5 Authority to waive requirements during national emergencies Authorizes the Secretary of HHS to waive or modify certain requirements of Medicare, Medicaid, the State Children’s Health Insurance Program, and the Health Insurance Portability and Accountability Act, and other provisions related to certification or licensing of health care providers, sanctions related to physician referrals, deadlines patient transfers, deadlines and other penalties, in response to to a public health emergency determined by the Secretary under Section 319 of the PHSA and either an emergency declared by the President pursuant to the NEA, a Stafford Act emergency, or a public health emergency to the NEA or an emergency or disaster under the Stafford Act . 42 U.S.C. § 4625 Relocation planning, assistance coordination, and advisory services Waives the requirement in the Uniform Relocation Assistance Act that a person displacedd isplaced from their dwelling by a project of a federal agency or one undertaken with federal financial assistance not be required to move until afforded a reasonab lereasonable opportunity to relocate to a comparable dwelling in the case of “a national emergency declared by the President.” 42 U.S.C. § 6212a Oil exports, safety valve, and maritime security Permits the President to impose export licensing requirements or other restrictions on the export of crude oil from the United States for a period of not more than 1 year, if the President declares a national emergency (among other reasons). Congressional Research Service 16 Emergency Authorities Under the NEA, Stafford Act, and PHSA Citation Description Title 43—Public Lands 43 U.S.C. § 155 Withdrawal, reservation, or restriction of public lands for defense purposes; “public lands” defined; exception States that the provisions of the Engle Act governing the use of the public lands of the United States by the Department of Defense for defense purposes shall not apply “in time of war or national emergency hereafter declared by the President or Congress.” Congressional Research Service 16 Emergency Authorities Under the NEA, Stafford Act, and PHSA Citation 43 U.S.C. § 1341 Reservation of lands and rights Description Allows the Secretary of the Interior to suspend leases on the outer Continental Shelf, on the recommendation of the Secretary of Defense, “during a state of war or national emergency declared by the Congress or the President of the United States after August 7, 1953.” Title 46—Shipping 46 U.S.C. § 7507 Authority to extend the duration of licenses, certificates of registry, and merchant mariner documents Permits the Secretary of the department in which the Coast Guard is operating to extend a license or certificate of registry for not more than one year in response to a national emergency or natural disaster. 46 U.S.C. § 8103 Citizenship and Navy Reserve requirements Allows the President to suspend the citizenship requirements that otherwise apply to the officers and seamen on documented vessels of the U.S. “during a proclaimed national emergency.” 46 U.S.C. § 8301 Minimum number of licensed individuals Allows the Secretary of the department in which the Coast Guard is operatingoperatin g to suspend the requirements relating to the number of licensed individuals that vessels subject to inspection must have “during a national emergency proclaimed by the President.” 46 U.S.C. § 56102 Additional controls during war or national emergency "During war, or a national emergency declared by Presidential proclamation,” permission from the Secretary of Transportation is required to transfer any controlling interest in any vessel or related facility owned by a U.S. person to a noncitizen. 46 U.S.C. § 56301 General authority Authorizes the Secretary of Transportation to requisition or purchase any vessel or other watercraft owned by citizens of the United States “whenever the President shall proclaim that the security of the national defense makes it advisable or during any national emergency declared by proclamation of the President” and to transfer the possession or control of any such vessel or watercraft to any other department or agency of the government. 46 U.S.C. § 57521 Termination of charter during national emergency Permits the Secretary of Transportation to terminate any charter of Department of Transportation vessels “whenever the President shall proclaim that the security of the national defense makes it advisable, or during any national emergency declared by proclamation of the President.” Congressional Research Service 17 Emergency Authorities Under the NEA, Stafford Act, and PHSA Citation Description 46 U.S.C. § 70051 Regulation of anchorage and movement of vessels during national emergency Authorizes the Secretary of Transportation, “whenever the President by proclamation or Executive order declares a national emergency to exist by reason of actual or threatened war, insurrection, invasion, or disturbance or threatened disturbance of the in ternationalinternational relations of the United States,” to adopt rules and regulations governing the anchorage and movement of all vessels, foreign and domestic, in the territorial waters of the United States and, if necessary, to take possession of such vessels; and also authorizes the President, “whenever the President finds that the security of the United States is endangered by reason of actual or threatened war, or invasion, or insurrection or subversive activity, or of disturbances or threatened disturbances of the international relations of the United States,” to take steps to safeguard all vessels, harbors, ports, and waterfront facilities in the United States against destruction, loss, or injury. Congressional Research Service 17 Emergency Authorities Under the NEA, Stafford Act, and PHSA Citation Description Title 47—Telecommunications 47 U.S.C. § 308 Requirements for license Allows the Federal Communications Commission to waive the requirement of a formal written application for construction permits and station licenses, and modifications and renewals thereof, “during a national emergency proclaimed by the President or declared by Congress and during the continuance of any war in which the United States is engaged and when such action is necessary for the national defense or security or otherwise in furtherance of the war effort.” 47 U.S.C. § 606 War powers of President Permits the President, "upon proclamation . . . that there exists war or a threat of war, or a state of public peril or disaster or other national emergency" to suspend or amend the rules and regulations applicable to any or all stations or devices capable of emitting electromagnetic radiations within the jurisdiction of the United States, close any radio station or shut down certain transmission devices, or "authorize the use or control of any such station or device and/or its apparatus and equipment, by any department of the Government under such regulations as he may prescribe upon just compensation to the owners." Title 49—Transportation 49 U.S.C. § 114 Transportation Security Administration Gives the Administrator of the Transportation Security Administration the authority “during a national emergency” to coordinate all domestic transportation and oversee the transportation-related responsibilities of other nonmilitary federal departments and agencies but states that this authority “shall not supersede” the authority of other federal departments and agencies related to transportation. 49 U.S.C. § 47152 Terms of conveyances Provides that the United States, “during a national emergency declared by the President or Congress,” is entitled to use, control, or possess any part of a public airport that is on surplus property donated by the government. 49 U.S.C. § 5334 Administrative provisions Provides that “[e]xcept for purposes of national defense or in the event of a national or regional emergency. . ., the Secretary [of Transportation] may not regulate the operation, routes, or schedules of a public transportation system” for which certain grants are made. Title 50—War and National Defense 50 U.S.C. § 98f Special Presidential disposal authority Authorizes any person designated by the President, “(1) at any time the President determines the release of such materials is required for purposes of the national defense or (2) in time of war declared by the Congress or during a national emergency,” to use, sell, or otherwise dispose of materials in the National Defense Stockpile that the designee determines are “required for purposes of the national defense.” 50 U.S.C. § 1435 Effective period Provides that the President’s authority under 50 US.C. §§ 1431 -1435 to modify defense contracts to “facilitate the national defense” without regard to other provisions of law regarding the making, performance, amendment, or modification of contracts is effective “only during a national emergency declared by Congress or the President” and for six months after the termination thereof. Congressional Research Service 18 Emergency Authorities Under the NEA, Stafford Act, and PHSA Citation Description 50 U.S.C. § 1515 Suspension; Presidential authorization Authorizes the President to suspend the provisions of law governing the production, transportation, location, testing, and disposal of lethal chemical and biological warfare agents “during the period of any war declared by Congress and during the period of any national emergency declared by Congress or by the President.” Congressional Research Service 18 Emergency Authorities Under the NEA, Stafford Act, and PHSA Citation Description 50 U.S.C. § 1701 Unusual and extraordinary threat; declaration of national emergency; exercise of Presidential authorities Authorizes the President to exercise the extensive powers with respect to the property of, and economic transactions with, a foreign country or entity granted by the International Emergency Economic Powers Act (IEEPA) “to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat.” 50 U.S.C. § 1702 Presidential authorities Exempts from any economic embargo imposed under IEEPA donations of articles such as food, clothing, and medicine intended to relieve human suffering unless the President determines, inter alia, that such donations “would seriously impair his ability to deal with any national emergency declared under section 1701 of this title.” 50 U.S.C. § 1706 Saving provisions Provides that foreign assets frozen pursuant to IEEPA may remain frozen beyond the date of the termination of the national emergency if necessary “on account of claims involving such country or its nationals.” 50 U.S.C. § 3809 Selective Service System Provides that the statutory ceiling on the number of armed forces personnel who may be assigned to the Selective Service System does not apply “during a time of war or a national emergency declared by Congress or the President” and mandates that the System be maintained as an active standby organization capable of immediate operation “in the event of a national emergency.” 50 U.S.C. § 4309 Claims to property transferred to custodian; notice of claim; filing; return of property; suits to recover; sale of claimed property in time of war or during national emergency Provides “[t]hat upon a determination made by the President, in time of war or during any national emergency declared by the President, that the interest and welfare of the United States require the sale of any property or interest or any part thereof claimed in any suit filed under this subsection and pending on or after October 22, 1962, the Alien PropertyPropert y Custodian or any successor officer, or agency may sell such property or interest or part thereof, in conformity with law applicable to sales of property by him, at any time prior to the entry of final judgment in such suit. No such sale shall be made until thirty days have passed after the publication of notice in the Federal Register of the intention to sell.” Claims to property transferred to custodian; notice of claim; filing; return of property; suits to recover; sale of claimed property in time of war or during national emergency 50 U.S.C. § 4531 Presidential authorization for the national defense Provides that certain conditions that are prerequisite to the President’s exercise of the authority under Title III of the Defense Production Act (DPA) to provide guarantees for the financing of contracts or other operations deemed necessary for the “procurement of materials or performance of services for the national defense” do not apply “during periods of national emergency declared by Congress or the President.” 50 U.S.C. § 4532 Loans to private business enterprises Provides that certain presidential determinations that are prerequisite to making direct federal loans under Title III of the DPA for the expansion of productive capacity and supply for the national defense do not apply and that the aggregate ceiling of $50 million on such loans and certain other procedural requirements may be waived “during periods of national emergency declared by the Congress or the President.” Congressional Research Service 19 Emergency Authorities Under the NEA, Stafford Act, and PHSA Citation 50 U.S.C. § 4533 Other presidential action authorized Description Provides that a number of conditions and prerequisites to the exercise of the authority under Title III of the DPA to expand the productive capacity and supply of private industry for national defense purposes by means of purchase and resale of an industrial resource, a critical technology item, or a critical and strategic raw material may be waived “during periods of national emergency declared by the Congress or the President.” Source: Information compiled by CRS using Westlaw. Congressional Research Service 19 Emergency Authorities Under the NEA, Stafford Act, and PHSA The Stafford Act The Robert T. Stafford Disaster Relief and Emergency Assistance Act, 4748 among other things, establishes various authorities that the executive branch may exercise in an “emergency.”4849 The Act defines an “emergency” as any circumstance in which the President determines that federal assistance is necessary to supplement state and local efforts to protect public health and safety. 4950 There are three situations in which a President may declare an “emergency” under the Stafford Act. 5051 First, subject to certain conditions and prerequisites, a state’s 5152 governor may ask the President to declare an “emergency” when the state and its localities lack the capability to respond to the situation at hand without federal assistance. 5253 Second, the chief executive of an Indian tribe may ask the President to declare an “emergency” subject to similar conditions. 5354 Third, in situations where the primary responsibility for responding to an emergency rests with the federal government, the President may declare an “emergency” without a request by a state or an Indian tribe. 54 Besides empowering the President to declare an “emergency,” the Stafford Act also authorizes the President to declare a “major disaster” under specified circumstances. 55 The Act defines “major disaster” to include an array of catastrophic events requiring federal assistance, including hurricanes, tornadoes, fires, and earthquakes.56 Declaring a “major disaster” triggers a distinct set 4755 48 See 42 U.S.C. §§ 5121-5207. For additional CRS products analyzing the Stafford Act, see, e.g., CRS Insight IN11229, Stafford Act Assistance for Public Health Incidents, by Bruce R. Lindsay and Erica A. Lee; CRS Report R42702, Stafford Act Declarations 1953-2016: Trends, Analyses, and Implications for Congress, by Bruce R. Lindsay. 48 49 See, e.g., 42 U.S.C. § 5192. See id. § 5122(1) (“‘Emergency’ means 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.”). 50 51 See id. § 5191(a)-(c). 49 T he Stafford Act defines “state” to include “any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.” Id. § 5122(4). 5152 See id. § 5191(a) (“All requests for a declaration by the President that an emergency exists shall be made by the Governor of the affected State. Such a request shall be based on a finding that the situation is of such severity and magnitude that effective response is beyond the capabilities of the State and the affected local governments and that Federal assistance is necessary. As part of such requests, and as a prerequisite to emergency assistance under this chapter, the Governor shall take appropriate action under State law and direct executionexecut ion of the State’s emergency plan. T he Governor shall furnish information describing the State and local efforts and resources which have been or will be used to alleviate the emergency, and will define the type and extent of Federal aid required. Based uponup on such Governor’s request, the President may declare that an emergency exists.”). 5253 See id. § 5191(c)(1) (“The Chief Executive of an affected Indian tribal government may submit a request for a declaration by the President that an emergency exists consistentconsist ent with the requirements of subsection (a).”). See also id. § 5122(12) (defining “Chief Executive” of an Indian tribal government). 54 See id. § 5191(b) (“T he President may exercise any authority vested in him by section 5192 of this title or section 5193 of this title with respect to an emergency when he determines that an emergency exists for which the primary responsibility for response rests with the United States because the emergency involves a subject area for which, under the Constitution or laws of the United States, the United States exercises exclusive or preeminent responsibility and authority. In determining whether or not such an emergency exists, the President shall consult the Governor of any affected State, if applicable. T he P residentPresident’s determination may be made without regard to subsection (a).”). President T rump relied on this authority when he declared an emergency in response to the COVID-19 epidemic. See COVID-19 Emergency Declaration (Mar. 13, 2020), available at http://fema.gov/news-release/2020/03/13/covid-19-emergencydeclaration. 53 55 56 See 42 U.S.C. § 5170. See id. § 5122(2) (“‘Major disaster’ means any natural catastrophe (including any hurricane, tornado, storm, high Congressional Research Service 20 Emergency Authorities Under the NEA, Stafford Act, and PHSA 55 Congressional Research Service 20 Emergency Authorities Under the NEA, Stafford Act, and PHSA Besides empowering the President to declare an “emergency,” the Stafford Act also authorizes the President to declare a “major disaster” under specified circumstances. 56 The Act defines “major disaster” to include an array of catastrophic events requiring federal assistance, including hurricanes, tornadoes, fires, and earthquakes.57 Declaring a “major disaster” triggers a distinct set of statutory authorities that partially overlaps with the authorities available during an “emergency.”5758 As with “emergencies,” governors 5859 and chief executives of Indian tribes 5960 may ask the President to declare a “major disaster” subject to certain conditions and prerequisites. Unlike an “emergency” declaration, however, the President may not unilaterally declare a “major disaster”; the President may declare a “major disaster” only in response to a request by a state or Indian tribe. 6061 Methodology Table 2 lists 9495 statutory authorities that the executive branch may exercise after declaring either an “emergency” or a “major disaster” under the Stafford Act. CRS searched Westlaw ’s U.S. Code database for “TE((declar! /5 emergenc!) or “major disaster” or “Disaster Relief #and Emergency Assistance” or “Stafford Disaster")””)).” Next, CRS used Westlaw’s “Citing References” function to identify all provisions of the U.S. Code that cross-reference 42 U.S.C. §§ 5170 and 5191—the provisions of the Stafford Act governing declarations of “major disasters” and “emergencies,” respectively. Not every search result satisfied the criteria for inclusion in Table 2. For example, a statute was excluded if T rump relied on this authority when he declared an emergency in response to the COVID-19 epidemic. See COVID-19 Emergency Declaration (Mar. 13, 2020), available at http://fema.gov/news-release/2020/03/13/covid-19-emergencydeclaration. 56 See 42 U.S.C. § 5170. See id. § 5122(2) (“‘Major disaster’ means any natural catastrophe (including any hurricane, tornado, storm, high water, winddriven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought), or, regardless of cause, any fire, flood, or explosion, in any part of the United States, which in the determination of the President causes damages of sufficient severity and magnitude to warrant major disaster assistance under this chapter to supplement the efforts and available resources of States, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby.”). 57 T he statutory definition of “ major disaster” does not expressly include a public healthan incident, such as an outbreak of a communicable disease. See id. § a communicable disease pandemic, that principally involves public health. See id. §5122(2); Lindsay & Lee, supra note 4748. President T rump recently issued major disaster declarations for several states in response to the COVID-19 pandemic, which appears to be the first time a major disaster declaration has been authorized under current law in response to a public health incident See id. See Lindsay & Lee, supra note 37. 5748. 58 See generally, e.g., 42 U.S.C. §§ 5170-5189h. See id. § 5170(a) (“All requests for a declaration by the President that a major disaster exists shall be made by the Governor of the affected State. Such a request shall be based on a finding that the disaster is of such severity and magnitude that effective response is beyond the capabilities of the State and the affected local governments and that Federal assistance is necessary. As part of such request, and as a prerequisite to major disaster assistance under this chapter, the Governor shall take appropriate response action under State law and direct execution of the State’s emergency plan. T he Governor shall furnish information on the nature and amount of State and local resources which have been or will be committed to alleviating the results of the disaster, and shall certify that, for the current disaster, State and local government obligations and expenditures (of which State commitments must be a significant proportion) will comply with all applicable cost -sharing requirements of this chapter. Based on the request of a Governor under this section, the President may declare under this chapter that a major disaster or emergency exists.”). 5859 See id. § 5170(b)(1) (“The Chief Executive of an affected Indian tribal government may submit a request for a declaration by the President that a major disaster exists consistent with the requirements of subsection (a).”). 5960 See id. § 5170. See also Lindsay & Lee, supra note 4748 (“T he state or territorial governor or tribal chief executive must request a major disaster declaration.”). 6061 Congressional Research Service 21 Emergency Authorities Under the NEA, Stafford Act, and PHSA Not every search result satisfied the criteria for inclusion in Table 2. For example, a statute was excluded if     the statute does not confer additional authority, but instead requires an executive agency to provide notice to Congress or other agencies; 61  62 the statute does not confer additional authority on the executive branch but instead provides an exception to general legal requirements for nongovernment entities;6263 the statute includes measures in preparation for potential emergencies that may occur in the future, but does not include any grants of power that are triggered by an emergency declaration;6364 the statute applies to an “emergency” or “major disaster” that has already been declared, such as with respect to the COVID-19 pandemic, and these authorities will lapse once that emergency or major disaster ends.64  65 Limitations A search using the methodology described above was done on June 2July 13, 2020. The search may not have captured all relevant authorities currently in effect. For example, for purposes of manageability, the methodology only captures statutes codified in the U.S. Code. 6566 Moreover, the criteria used to identify statutes may have excluded some potentially relevant authorities that do not expressly refer to a “major disaster” or “emergency” under the Stafford Act but nonetheless have functionally served similar purposes. 6162 See, e.g., 15 U.S.C. § 636k (requiring the Administrator of the Small Business Administration to provide various reports concerning disaster loan programs to Congress). 6263 See, e.g., 1026 U.S.C. § 1060c (allowing veterinary professionals to provide services anywhere in the United States, regardless of where they are licensed, in response to a “major disaster” or “emergency”). 63 5064 (adopting special rules for claims of tax losses involving spirits, wine, and beer rendered unmarketable by a “major disaster”). 64 See, e.g., 42 U.S.C. § 5134 (directing the President to establishest ablish an interagency task force to coordinate the implementation of pre-disaster hazard-mitigation programs administered by the federal government). 6465 Several provisions of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) apply only during the “major disaster” or “emergency” related to COVID-19, and are not covered by this report . See, e.g., Pub. L. No. 116-136116136 § 3511 (authorizing the Secretary of Education to, upon the request of a state educational agency or Indian tribe, waive certain regulatory requirements after determining that such waiver is necessary and appropriate due to the COVID -19 “emergency”). 65 In short, a search of all laws ever enacted would have been a daunting undertaking, and statutory provisions not codified in the U.S. Code would be unlikely to fit other criteria used to determine inclusion (e.g., the laws had expired, or concerned a provision that did not augment the authorities of the imp lementing agency, such as a reporting requirement or instruction for the agency to engage in a study). For Information about the codification of statutes, see the Office of the Law Revision Counsel, About Classification of Laws to the United States Code, https://uscode.house.gov/about_classification.xhtml COVID-19 “emergency”). 66 See supra note 46 (discussing reasons for limiting search to statutes found in the U.S. Code). Congressional Research Service 22 Emergency Authorities Under the NEA, Stafford Act, and PHSA Table 2. Statutory Authorities Triggered by a Declaration of an “Emergency” or “Major Disaster” Under the Stafford Act Citation Description Title 2—The Congress 2 U.S.C. § 6318 Additional home State office space for Senators; declaration of disaster or emergency Authorizes the Sergeant at Arms and Doorkeeper of the Senate, with the approval of the Committee on Rules and Administration of the Senate, to provide additional facilities, services, equipment, and office space for use by a Senator in that Senator's State in connection with a “major disaster” or “emergency.” Title 5—Government Organization and Employees 5 U.S.C. § 6391 Authority for leave transfer program in disasters and emergencies Authorizes the President to direct the Office of Personnel Management to establish an emergency leave transfer program under which employees of federal executive agencies may donate unused annual leave for transfer to employees affected by a “major disaster” or “emergency.” Title 7—Agriculture 7 U.S.C. § 912a Rescheduling and refinancing of loans Authorizes the Secretary of Agriculture to adjust and readjust the schedules for loans extended under the Rural Electrification Act of 1936 and to extend the maturity of such loans for up to forty years upon determining that such action is necessary because of the loss, destruction, or damage of a borrower’s property as a result of a “major disaster.” 7 U.S.C. § 1427 Commodity Credit Corporation sales price restrictions Authorizes the Commodity Credit Corporation to make available any farm commodity or product to relieve distress related to a “major disaster.” 7 U.S.C. § 1427a Authorizes the Secretary of Agriculture to dispose of certain commodity reserves to relieve distress caused by a “major disaster” or “emergency.” Reserve inventories for alleviation of distress of natural disaster 7 U.S.C. § 1942 Purposes of loans 7 U.S.C. § 1961 Eligibility for loans Authorizes the Secretary of Agriculture to make direct loans for borrowers refinancing certain debts who have suffered a qualifying loss because of a “major disaster” or “emergency.” Authorizes the Secretary of Agriculture to make and insure certain loans to farmers, ranchers, and persons engaged in aquaculture whose operations have been substantially affected by a “major disaster” or “emergency.” 7 U.S.C. § 1963 Purpose and extent of loans Provides that loans under the relevant subchapter can be made or insured for crop or livestock changes necessitated by a “major disaster” or “emergency.” 7 U.S.C. § 2008h Authorizes the Secretary of Agriculture to make direct or guaranteed farm operating loans for paying the annual farm or ranch operating expenses of a borrower who received debt forgiveness on not more than one occasion resulting directly or primarily from a “major disaster” or “emergency.” Loan and loan servicing limitations Congressional Research Service 23 Emergency Authorities Under the NEA, Stafford Act, and PHSA Citation 7 U.S.C. § 7285 Commodity Credit Corporation sales price restrictions Description Authorizes the Secretary of Agriculture to make available any commodity or product owned or controlled by the Commodity Credit Corporation for use in relieving distress in connection with a “major disaster,” notwithstanding otherwise applicable price restrictions. Title 10—Armed Forces 10 U.S.C. § 123a Suspension of endstrength and other strength limitations in time of war or national emergency Authorizes the President, when a declaration of a “major disaster” or “emergency” is in effect, to waive any statutory limit on the number of members of a reserve component who are authorized to be on active duty if he determines the waiver is necessary to provide assistance in responding to the “major disaster” or “emergency.” 10 U.S.C. § 26621060c Authorizes certain veterinary professionals employed or certified by the Department of Defense or who are members of the National Guard to provide veterinary services in response to a “major disaster” or “emergency” without regard to where such veterinary professional or the patient animal are located, if the provision of such services is within the scope of the authorized duties of such veterinary professional for the Department of Defense. Provision of veterinary services in emergencies 10 U.S.C. § 2662 Real property transactions: reports to congressional committees Provides that the congressional notice-and-wait provisions governing certain real property transactions by the Secretary of a military department and by the General Services Administration (GSA) for the DOD do not apply, inter alia, if the transaction results from a “major disaster” or “emergency” declaration. Real property transactions: reports to congressional committees 10 U.S.C. § 12304a Army reserve, navy reserve, marine corps reserve, and air force reserve: order to active duty to provide assistance in response to a major disaster or emergency10 U.S.C. § 12304a Authorizes the Secretary of Defense, when a governor requests assistance in responding to a “major disaster” or “emergency,” to order any unit, and any member not assigned to a unit organized to serve as a unit, of the Army Reserve, Navy Reserve, Marine Corps Reserve, and Air Force Reserve to active duty for a continuous period of not more than 120 days to respond to the governor's request. Army reserve, navy reserve, marine corps reserve, and air force reserve: order to active duty to provide assistance in response to a major disaster or emergency Title 12—Banks and Banking 12 U.S.C. § 1706c Insurance of mortgages Allows the Secretary of Housing and Urban Development (HUD) to raise certain numerical limitations related to federal mortgage insurance for low and moderate-income homeowners whose homes are destroyed or damaged because of a flood, fire, hurricane, earthquake, storm, or other catastrophe that has been designated a “major disaster.” 12 U.S.C. § 1709 Insurance of mortgages Among other things, authorizes the Secretary of HUD to insure specified mortgages when the President has declared a “major disaster” and the mortgagor establishes that the disaster has destroyed or damaged his home. Insurance of mortgages 12 U.S.C. § 1715l Housing for moderate income and displaced families Authorizes the Secretary of HUD to insure certain mortgages for persons displaced by a “major disaster.” 12 U.S.C. § 3352 Congressional Research Service 24 Emergency Authorities Under the NEA, Stafford Act, and PHSA Citation 12 U.S.C. § 3352 Emergency exceptions for disaster areas Description Authorizes federal financial regulators to exempt specified transactions from certain legal requirements codified in the chapter of Title 12 pertaining to the Appraisal Subcommittee of Federal Financial Institutions Examination Council if the President declares a “major disaster.” Emergency exceptions for disaster areas Congressional Research Service 24 Emergency Authorities Under the NEA, Stafford Act, and PHSA Citation Description Title 14—Coast Guard 14 U.S.C. § 1109 Undefinitized contract actions Authorizes the Commandant of the Coast Guard to waive restrictions on the Coast Guard’s ability to enter into undefinitized contracts if such waiver is necessary to support an operation in response to a “major disaster” or “emergency.” Title 15—Commerce and Trade 15 U.S.C. § 636 Additional powers 15 U.S.C. § 636d Authorizes the Small Business Administration (SBA) to provide loans and other financial assistance to small businesses, individuals, and business development organizations in connection with a “major disaster.” 15 U.S.C. § 636d Disaster aid to major sources of employment Authorizes the SBA and the Farmers Home Administration (which has been replaced by the Office of Rural Development and the Farm Service Agency) to provide loans to any industrial, commercial, agricultural, or other enterprise that has constituted a “major source of employment” in an area suffering a “major disaster” and that is no longer in “substantial operation” because of such a disaster. 15 U.S.C. § 636i Small business bonding threshold Authorizes the Administrator of the SBA to guarantee sureties against losses resulting from the breach of the terms of certain bonds in connection with procurements related to a “major disaster.” Small business bonding threshold 15 U.S.C. § 648 Small business development center program authorization15 U.S.C. § 648 Allows the Administrator of the SBA to authorize a small business development center to provide advice, information, and assistance to out-of-state small business concerns located in areas for which the President has declared a major disaster. 15 U.S.C. § 657dSmall business development center program authorization 15 U.S.C. § 657d Federal and State Technology Partnership Program Authorizes the Administrator of the SBA to provide enhanced assistance to businesses that apply for an award or a cooperative agreement under the Federal and State Technology Partnership Program if the businesses are in an area affected by a “major disaster.” Federal and State Technology Partnership Program Title 16—Conservation 16 U.S.C. § 1536 Interagency cooperation Authorizes the President to make certain determinations that trigger exemptions from the Endangered Species Act in areas affected by a “major disaster.” Title 18—Crimes and Criminal Procedure 18 U.S.C. § 1040 Fraud in connection with major disaster or emergency benefits Makes fraud involving benefits disbursed in connection with a “major disaster” or “emergency” a criminal offense. 18 U.S.C. § 1341 Frauds and swindles Makes mail fraud a criminal offense, and provides enhanced penalties for violations involving benefits paid in connection with a “major disaster” or “emergency.” 18 U.S.C. § 1343Frauds and swindles Congressional Research Service 25 Emergency Authorities Under the NEA, Stafford Act, and PHSA Citation Description 18 U.S.C. § 1343 Fraud by wire, radio, or television Makes wire fraud a criminal offense, and provides enhanced penalties for violations involving benefits paid in connection with a “major disaster” or “emergency.” Fraud by wire, radio, or television Congressional Research Service 25 Emergency Authorities Under the NEA, Stafford Act, and PHSA Citation Description Title 20—Education Title 20—Education 20 U.S.C. § 1091b Institutional refunds 20 U.S.C. § 1161l3 Education Disaster and Emergency Relief Loan Program Among other things, authorizes the Secretary of Education to waive Federal Pell Grant repayment and grant assistance repayment requirements for students in a disaster area after the President has declared a “major disaster.” Authorizes the Secretary of Education to establish an Education Disaster and Emergency Relief Loan Program for institutions of higher education impacted by a “major disaster” or “emergency.” Title 23—Highways 23 U.S.C. § 125 Emergency relief In certain circumstances, authorizes the Secretary of Transportation to expend emergency funds for the repair and reconstruction of highways in response to a “major disaster” or “emergency.” Title 29—Labor 29 U.S.C. § 3225 National dislocated worker grants Authorizes the Secretary of Labor to award national dislocated worker grants to the Governors of states to which a substantial number of workers have relocated from an area in which a “major disaster” or “emergency” has been declared. Title 30—Mineral Lands and Mining 30 U.S.C. § 962 Acceptance of contributions and prosecution of projects; cooperative programs to promote health and safety education and training; recognition and funding of Joseph A. Holmes Safety Association; use of funds for costs of mine rescue and survival operations Provides that “any funds available to the Department of Labor” may be used, with the approval of the Secretary of Labor, to provide for the costs of mine rescue and survival operations in the event of a “major disaster.” Title 33—Navigation and Navigable Waters 33 U.S.C. § 2267b Post-disaster watershed assessments 33 U.S.C. § 701n Emergency response to natural disasters Authorizes the Secretary of the Army to carry out a watershed assessment upon the declaration of a “major disaster” and identify specific flood risk reduction, hurricane and storm damage reduction, ecosystem restoration, or navigation project recommendations to rehabilitate and improve the resiliency of damaged infrastructure and natural resources. Congressional Research Service 26 Emergency Authorities Under the NEA, Stafford Act, and PHSA Citation Description 33 U.S.C. § 701n Emergency response to natural disasters Authorizes the Chief of Engineers of the Army Corps of Engineers, when otherwise performing work on an area for which a Governor has requested an “emergency” or “major disaster” declaration, to perform emergency work which is essential for the preservation of life and property for a period of ten days following the Governor’s request. Congressional Research Service 26 Emergency Authorities Under the NEA, Stafford Act, and PHSA Citation Description Title 37—Pay and Allowances of the Uniformed Services 37 U.S.C. § 403 Basic allowance for housing Authorizes the Secretary of Defense to prescribe a temporary increase in the rates of basic allowance for military housing in areas covered by a declaration of a “major disaster.” Title 38—Veterans’ Benefits 38 U.S.C. § 1785 Care and services during certain disasters and emergencies Authorizes the Secretary of Veterans Affairs to furnish hospital care and medical services to individuals responding to, involved in, or otherwise affected by a “major disaster” or “emergency.” 38 U.S.C. § 3703 Basic provisions relating to loan guaranty and insurance Authorizes the Secretary of Veterans Affairs to subordinate liens related to certain federal real estate loans to liens in favor of public entities that have provided or will provide assistance in response to a “major disaster.” 38 U.S.C. § 8111ABasic provisions relating to loan guaranty and insurance 38 U.S.C. § 8111A Furnishing of healthcare services to members of the Armed Forces during a war or national emergency Authorizes the Secretary of Veterans Affairs to furnish hospital care and medical services to members of the armed forces on active duty responding to or involved in a “major disaster” or “emergency.” Furnishing of healthcare services to members of the Armed Forces during a war or national emergency Title 40—Public Buildings, Property, and Works 40 U.S.C. § 502 Services for other entities Authorizes the Administrator of the General Services Administration (GSA) to provide for the use by state or local governments of federal supply schedules of the GSA for goods or services that are to be used to facilitate recovery from a “major disaster” to facilitate disaster preparedness or response, or to facilitate recovery from terrorism or nuclear, biological, chemical, or radiological attack. Title 41—Public Contracts 41 U.S.C. § 1903 Special emergency procurement authority 41 U.S.C. § 2312 Contingency Contracting Corps Raises certain limits on procurements of property or services by or for an executive agency that the head of the agency determines are to be used in support of a “major disaster” or “emergency.” Authorizes the Director of the Office of Management and Budget to, upon request from an executive agency, deploy members of the Contingency Contracting Corps to respond to a “major disaster” or “emergency.” Congressional Research Service 27 Emergency Authorities Under the NEA, Stafford Act, and PHSA Citation Description Title 42—The Public Health and Welfare 42 U.S.C. § 204a Deployment readiness 42 U.S.C. § 300ff83 Public health emergency 42 U.S.C. § 300hh14 Protection of health and safety during disasters Defines “[u]rgent or emergency public health care need,” with reference to deployment of the Commissioned Corps of the Public Health Service, as “a health care need, as determined by the Secretary, arising as the result of a national emergency declared by the President under the National Emergencies Act (50 U.S.C. §§ 1601, et seq.); an emergency or major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, a public health emergency declared by the Secretary under section 247d of . . . title 42 [Section 319] or any emergency that, in the judgment of the Secretary, is appropriate for the deployment of members of the [Commissioned] Corps.” Authorizes the Secretary of HHS to waive certain requirements with respect to certain Human Immunodeficiency Virus programs to improve the health and safety of those receiving care under that subchapter and the general public in an area for which the President has declared a “major disaster” or “emergency.” Authorizes the President (acting through the Secretary of HHS), upon a determination that certain harmful substances have been released in an area affected by a “major disaster” and have disrupted the transportation system of the United States, to carry ou t a program for the coordination, protection, assessment, monitoring, and study of the health and safety of individuals with high exposure levels to the relevant substances. 42 U.S.C. § 1320b5 Authority to waive requirements during national emergencies Authorizes the Secretary of HHS to waive or modify temporarily the application of certain Medicare, Medicaid, andcertain requirements of Medicare, Medicaid, the State Children’s Health Insurance Program requirements involving healthcare items and services furnished by a healthcare provider in areas for which the President has declared a “major disaster” or “emergency.” 42 U.S.C. § 3030, and the Health Insurance Portability and Accountability Act, and other provisions related to certification or licensing of health care providers, sanctions related to physician referrals, patient transfers, deadlines and other penalties, in response to a public health emergency declared under Section 319 and either an emergency declared by the President pursuant to the NEA or an emergency or disaster under the Stafford Act. 42 U.S.C. § 3030 Disaster relief reimbursements Authorizes the Assistant Secretary for Aging to provide reimbursements to states, upon application, for funds that they make available to area agencies on aging for the delivery of supportive services and related supplies during a “major disaster.” Disaster relief reimbursements 42 U.S.C. § 3149 Grants for economic adjustment42 U.S.C. § 3149 In certain circumstances, authorizes the Secretary of Commerce to, upon application, make grants to develop public facilities, public services, business development (including funding of a revolving loan fund), planning, technical assistance, training, and any other assistance to alleviate long-term economic deterioration and sudden and severe economic dislocation in (among other areas) communities whose economies are injured by a “major disaster” or “emergency.” Grants for economic adjustment 42 U.S.C. § 3538 Rescheduling and refinancing of federal loans Authorizes the Secretary of HUD to refinance obligations upon finding that such refinancing is necessary because of the loss, destruction, or damage of property or facilities securing such obligations as a result of a “major disaster.” 42 U.S.C. § 3539 Authorizes the Secretary of HUD to establish a fund, and to transfer money from HUD to the fund, in such amounts as may be necessary to provide disaster assistance requested by the President under the Stafford Act. Housing and Urban Development Disaster Assistance Fund Congressional Research Service 28 Emergency Authorities Under the NEA, Stafford Act, and PHSA Citation Description 42 U.S.C. § 4057 Alternative loss allocation system for national flood insurance claims Allows the Administrator of the Federal Emergency Management Agency (FEMA), upon the declaration of a “major disaster” relating to a named storm in a coastal state, to use the COASTAL Formula to pay for any flood loss covered under a standard insurance policy under the national flood insurance program if the loss is indeterminate. 42 U.S.C. § 5133 Authorizes the President to provide certain financial assistance to states and local governments for pre-disaster hazard mitigation “only in States that have received a major disaster declaration in the previous 7 years.” Also permits the President, with respect to each “major disaster,” to set aside certain funds to provide technical and financial assistanceassist ance to states and local governments for pre-disaster hazard mitigation. Pre-disaster hazard mitigation 42 U.S.C. § 5141 Waiver of administrative conditions Allows federal agencies to waive certain administrative conditions for federal assistance programs after the President declares a “major disaster.” 42 U.S.C. § 5143 Requires or empowers the President to appoint certain state or federal appointing officers after declaring a “major disaster” or “emergency.” Coordinating Officers 42 U.S.C. § 5152 Use and coordination of relief organizations Authorizes the President to use, with their consent, the personnel of the American National Red Cross, the Salvation Army, the Mennonite Disaster Service, long-term recovery groups, domestic hunger relief, and other relief or disaster-assistance organizations to provide relief and assistance under the relevant chapter of Title 42. Authorizes the President to enter into agreements with those groups to coordinate relief for “major disasters” and “emergencies.” 42 U.S.C. § 5158 Availability of materials Authorizes the President to, at the request of the governor of an affected state, provide for a survey of construction materials needed in the area affected by a “major disaster” on an emergency basis for housing repairs, replacement housing, public facilities repairs and replacement, farming operations, and business enterprises, and to take appropriate action to assure the availability and fair distribution of needed materials. 42 U.S.C. § 5187 Fire management assistance Authorizes the President to provide assistance, including grants, equipment, supplies, and personnel, to any State or local government for the mitigation, management, and control of any fire on public or private forest land or grassland that threatens such destruction as would constitute a “major disaster.” 42 U.S.C. § 5158 Availability of materials Authorizes the President, at the request of the governor of an affected state, to provide for a survey of construction materials needed in an area affected by a “major disaster” and to take appropriate action to assure the availability and fair distribution of needed materials. 42 U.S.C. § 5160 Recovery of assistance Provides that any person who intentionally causes a condition for which federal assistance is provided under the relevant chapter of the U.S. Code or under any other federal law as a result of a “major disaster” or “emergency” declaration shall be liable to the United States for the reasonable costs the United States incurs in responding to such disaster or emergency, to the extent that such costs are attributable to the intentional act or omission. 42 U.S.C. § 5162 Advance of nonfederal share In certain circumstances, authorizes the President to lend or advance to states the portion of assistance for which they are responsible under the Stafford Act’s cost-sharing provisions. Congressional Research Service 29 Emergency Authorities Under the NEA, Stafford Act, and PHSA Citation Description 42 U.S.C. § 5165 Mitigation planning Authorizes the President to increase the federal government’s contribution to hazardmitigation measures with respect to a “major disaster,” if the relevant state has in effect an approved hazard-mitigation plan. 42 U.S.C. § 5170a Enumerates various types of federal assistance the President may provide “[i]n any major disaster,” including helping state and local governments distribute food and medicine and directing federal agencies to use their authorities and resources to support state and local assistance response and recovery efforts. General Federal assistance 42 U.S.C. § 5170b Essential assistance Authorizes federal agencies, at the President’s direction, to provide assistance essential to meet immediate threats to life and property resulting from a “major disaster,” such as donating equipment and supplies to state and local governments or distributing medical equipment and food to disaster victims. 42 U.S.C. § 5170c Hazard mitigation Authorizes the President to contribute up to 75% of the cost of hazard-mitigation measures which the President determines are cost effective and which substantially reduce the risk of, or increase resilience to, future damage, hardship, loss, or suffering in any area affected by a “major disaster.” 42 U.S.C. § 5171 Authorizes the President, under limited conditions, to allow federal agencies to repair or replace critical federal facilities damaged by a “major disaster” without specific authorizing legislation, an appropriation, or congressional committee approval. Federal facilities 42 U.S.C. § 5172 Repair, restoration, and replacement of damaged facilities Authorizes the President, subject to certain conditions, to contribute money to repair, restore, or replace certain state, local, and private nonprofit facilities damaged by a “major disaster.” 42 U.S.C. § 5173 Grants the President various powers to facilitate debris-removal efforts after a “major disaster,” subject to specified limitations and conditions. Debris removal 42 U.S.C. § 5174 Federal assistance to individuals and households Authorizes the President to provide various types of financial assistance to individuals and households adversely affected by a “major disaster,” including housing assistance and medical expenses. 42 U.S.C. § 5174a Flexibility Authorizes the President, under specified circumstances, to waive certain debts that individuals or households owe to the United States for assistance erroneously provided under the Stafford Act. 42 U.S.C. § 5174b Critical document fee waiver Among other things, authorizes the President to waive application and filing fees for various critical documents for individuals and families adversely affected by a major disaster, such as passports. 42 U.S.C. § 5177 Authorizes the President, subject to certain conditions and limitations, to provide benefits and reemployment assistance to persons who are unemployed as a result of a “major disaster.” Unemployment assistance 42 U.S.C. § 5177a Emergency grants to assist low-income migrant and seasonal farmworkers Authorizes the Secretary of Agriculture to make certain grants to public agencies or private organizations to assist low-income migrant and seasonal farmworkers adversely affected by “a local, State, or national emergency or disaster.” Congressional Research Service 30 Emergency Authorities Under the NEA, Stafford Act, and PHSA Citation Description 42 U.S.C. § 5179 Benefits and distribution Authorizes the President to confer certain benefit allotments and surplus commodities upon low-income households who cannot purchase adequate amounts of nutritious food because of a “major disaster.” 42 U.S.C. § 5183 Crisis counseling assistance and training Authorizes the President to provide professional counseling services to victims of “major disasters.” 42 U.S.C. § 5184 Authorizes the President, subject to various conditions, to loan money to local governments adversely affected by a “major disaster.” Community disaster loans 42 U.S.C. § 5185 Emergency communications Authorizes the President to establish temporary communications systems during or in anticipation of an “emergency” or “major disaster” and make those systems available to state and local government officials. 42 U.S.C. § 5186 Authorizes the President to provide temporary public transportation services to areas adversely affected by a “major disaster.” Emergency public transportation 42 U.S.C. § 5187 Fire management assistance Authorizes the President to provide various forms of assistance to state and local governments—including grants, equipment, supplies, and personnel—to fight and control fires that threaten destruction on the scale of a “major disaster.” 42 U.S.C. § 5188 Timber sale contracts Among other things, authorizes the Secretary of Agriculture and the Secretary of the Interior to cancel timber sale contracts entered into by their Departments in certain circumstances related to “major disasters.” Authorizes the President to make grants to state and local governments for the removal of timber damaged by a “major disaster” from privately owned lands. 42 U.S.C. § 5189d Case management services Authorizes the President to provide financial assistance or other services to state, local, and private entities to identify and address unmet needs of victims of “major disasters.” 42 U.S.C. § 5189f Public assistance program alternative procedures Authorizes the President, through the Administrator of FEMA, to approve certain projects related to “major disasters” and “emergencies” under alternative, streamlined procedures. 42 U.S.C. § 5192 Authorizes the President, subject to various limitations, to provide certain forms of assistance after declaring an “emergency.” Such assistance may include (but is not limited to) helping state and local governments distribute food and medicine and providing the types of individual and household assistance that 42 U.S.C. § 5174 allows the President to provide after declaring a “major disaster.” Federal emergency assistance 42 U.S.C. § 5306 Allocation and distribution of funds 42 U.S.C. § 5321 Suspension of requirements for disaster areas Authorizes the Secretary of HUD to make available to metropolitan cities and urban counties located or partially located in the areas affected by a “major disaster” any amounts that become available as a result of actions under section 5304(e) or 5311 of Title 42. Authorizes the Secretary of HUD to suspend certain requirements for certain communitydevelopment funds in an area for which the President has declared a “major disaster.” Congressional Research Service 31 Emergency Authorities Under the NEA, Stafford Act, and PHSA Citation Description 42 U.S.C. § 5154a Prohibited flood disaster assistance Prohibits the use of federal flood disaster assistance to make payments for the repair, replacement, or restoration of property if the recipient has received flood disaster assistance that was conditional on that person first having obtained flood insurance under applicable federal law, if that person subsequently failed to obtain flood insurance. (42 U.S.C. § 5157 imposes civil penalties on persons who knowingly misapply the proceeds of aid under the relevant chapter of the U.S. Code). 42 U.S.C. § 8623 Authorizes the Secretary of HHS to waive certain requirements related to low-income home energy assistance programs in geographical areas affected by a “major disaster” or “emergency” upon determining that compliance with the requirements is impracticable. State allotments 42 U.S.C. § 9835 Allotment of funds 42 U.S.C. § 11364a Availability of amounts recaptured from appropriated funds 42 U.S.C. § 12576 Other special assistance Authorizes the Secretary of HUD to increase funding for Head Start agencies located in communities adversely affected by a “major disaster.” Authorizes the Secretary of HUD to make grants under the Emergency Solutions Grants program under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act to states or local governments to address the needs of homeless individuals or families or individuals or families at risk of homelessness in areas affected by a “major disaster,” and whose needs are not otherwise served or fully met by existing federal disaster relief programs. Authorizes the Corporation for National and Community Service to undertake activities to involve programs that receive assistance under the national service laws in “major disaster” relief efforts, and to support, nonprofit organizations and public agencies responding to the needs of communities experiencing “major disasters.” 42 U.S.C. § 12653h National Service Reserve Corps Authorizes the Administrator of the FEMA to task the National Service Reserve Corps to assist in responding to a “major disaster” or “emergency.” 42 U.S.C. § 12750 Authorizes the Secretary of HUD to reduce the matching requirements for states and localities that participate in the HOME Investment Partnerships Program and which are located in an area for which the President has declared a “major disaster” during any p art of the relevant fiscal year. Matching requirements 42 U.S.C. § 12840 Suspension of requirements for disaster areas Authorizes the Secretary of HUD to suspend certain statutory requirements connected to affordable-housing funds designated to address damage in an area for which the President has declared a “major disaster.” Title 49—Transportation 49 U.S.C. § 5103 General regulatory authority Authorizes the Secretary of Transportation to waive compliance with federal standards regarding the transportation of hazardous materials without notice and comment when the Secretary determines that such waiver is “necessary to facilitate the safe movement of hazardous materials into, from, and within an area of a major disaster or emergency,” that the waiver is in the public interest, and that the waiver is not inconsistent with the safety of transporting hazardous materials. 49 U.S.C. § 5324 Public transportation emergency relief program Authorizes the Secretary of Transportation, upon the declaration of a “major disaster,” to make grants and enter into contracts and other agreements for (1) capital projects related to the equipment and facilities of public transportation systems damaged b y the disaster, and (2) eligible operating costs of public transportation equipment and facilities in an area directly affected by the disaster. Congressional Research Service 32 Emergency Authorities Under the NEA, Stafford Act, and PHSA Citation Description Title 51—National and Commercial Space Programs 51 U.S.C. § 20143 Full cost appropriations account structure Authorizes the National Aeronautics and Space Administration to transfer amounts among accounts for the immediate costs of recovering from damage caused by a “major disaster.” Source: Information compiled by CRS using Westlaw. The Public Health Service Act Section 319 of the PHSA, 42 U.S.C. § 247d, allows Section 319 of the Public Health Service Act67 Various statutory provisions give executive agencies additional powers in the event of a “public health emergency.” Some of these authorities are tied to a declaration or determination made by the Secretary of Health and Human Services (HHS Secretary) (HHS Secretary) under Section 319 of the PHSA. 68 That provision, allows the HHS Secretary to determine that “a public health emergency” exists and “take such action as may be appropriate to respond to the public health emergency, including making grants, providing awards for expenses, and entering into contracts and conducting and supporting investigations into the cause, treatment, or prevention of a disease or disorder” as described in the provision. 69 A A public health emergency determination lasts for 90 days or until the Secretary determines the emergency no longer exists, whichever comes first, and the public health emergency determination may be renewed. The Secretary must notify Congress in writing with 48 hours of making or renewing a public health emergency determination. Section 319 also establishes a Public Health Emergency Fund, which the HHS Secretary may use only upon declaration of a public health emergency. The provision allows the Secretary to waive certain reporting requirements and requirements of the Paperwork Reduction Act. It also provides that “upon request by the Governor of a State or a tribal organization,” the HHS Secretary may “authorize the requesting State or Indian tribe to temporarily reassign, for purposes of immediately addressing a public health emergency in the State or Indian tribe, State and local public health department or agency personnel” that receive funding under the PHSA. A determination66 by the HHS Secretary that a public health emergency exists also triggers executive powers under other provisions of the U.S. Code. Methodology Table 3 identifies 33 sections of the U.S. Code activated by the declaration of a public health emergency. The table arranges the listed statutes by U.S. Code title, followed by a brief description of each activated authority. The table was compiled by searching Westlaw’s U.S. Code database for “TE(“public health" /5 emergency).” CRS then used Westlaw’s “Citing References” function to identify all provisions of the U.S. Code that cross-reference 42 U.S.C. § 247d (Section 319) and by searching Westlaw’s U.S. Code database for statutory provisions that refer to Section 319. CRS then cross-checked the results against other studies. 67 Not every search result satisfied the criteria for inclusion in Table 3. For example, a statute was excluded if Section 319 refers to public health emergencies “determine[d]” and “declared” by the HHS Secretary, making no apparent distinction bet ween the two terms. See 42 U.S.C. §§ 247d(a)(1), 247d(b)(1). Other statutes that reference Section 319 also use both terms. Accordingly, this section uses those two terms interchangeably. 66 67 See BRENNAN CENTER FOR JUSTICE, supra note 29. Congressional Research Service 33 Emergency Authorities Under the NEA, Stafford Act, and PHSA  the statute does not confer additional authority, but instead requires an executive agency to provide notice to Congress or other agencies; 68  the statute does not confer additional authority on the executive branch but instead provides an exception to general legal requirements for nongovernment entities;69 the statute includes measures in preparation for potential emergencies that may occur in the future, but does not include any grants of power that are triggered by an emergency declaration;70 the statute refers only to a declaration of a public health emergency under a statutory provision other than Section 319;71 or the statute applies to a “public health emergency” that has already been declared, such as with respect to the COVID-19 pandemic, and these authorities lapse once the public health emergency ends. 72    Although these criteria were intended to help ensure that only statutory authorities activated by a declaration of a “public health emergency” were captured, they also led to the exclusion of certain statutes that, while not using the term “public health emergency,” might nonetheless be considered relevant. 73 determination. A determination under Section 31970 also triggers executive powers under other provisions of the U.S. Code. 67 T he original version of this report identified not only statutory authorities triggered by a determination under Section 319 of the PHSA, but also a number of other statutes that provided additional authorities to executive agencies in the event of a “public health emergency.” T o improve precision, this section has been revised to identify only those authorities specifically tied to Section 319 of the PHSA. Authorities identified in the original version of this report, but omitted from the revised table included in this section, are now found in notes 75-77. 68 42 U.S.C. § 247d. Not all authorities made available in the event of a public health emergency are expressly tied to a determination under Section 319. Some statutes reference “public health emergencies,” but do not identify a declaration under Section 319 as necessary. Some statutes confer authorities in the event of a public health emergency “whether determined under [Section 319] or otherwise.” And some statutory provisions are activated by a declar ation under a public health emergency-related statute other than Section 319. See infra at notes 75-77_(collecting statutes that make available authorities to the executive branch in the event of a public health emergency that do not expressly require a determination under Section 319). 69 Once the Secretary declares a public health emergency, the Secretary may exercise other authorities included in Section 319. Section 319 establishes a Public Health Emergency Fund, which the HHS Secretary may use only upon declaration of a public health emergency. Id. § 247d(b). T he Secretary may extend data submission and reporting deadlines under any statute HHS administers if the Secretary finds that parties cannot comply within the required timeframe due to the public health emergency, and may waive associated sanctions that would normally apply. Id. § 247d(d). Section 319 also provides that “upon request by the Governor of a State or a tribal organization,” the HHS Secretary may “authorize the requesting State or Indian tribe to temporarily reassign, for purposes of immediately addressing a public health emergency in the State or Indian tribe, State and local public health department or agency personnel” that receive funding under the PHSA. Id. § 247d(e)(1). T he HHS Secretary may also waive information collection requirements of the Paperwork Reduction Act during a public health emergency and for certain periods before and after in some cases. Id. § 247d(f). Section 319 refers to public health emergencies “determine[d]” and “declared” by the HHS Secretary, making no apparent distinction between the two terms. See id. § 247d(a)(1), 247d(b)(1). Other statutes that reference Section 319 also use both terms. Accordingly, this section uses those two terms interchangeably. 70 Congressional Research Service 33 Emergency Authorities Under the NEA, Stafford Act, and PHSA Methodology Table 3 identifies 16 sections of the U.S. Code that may be activated following a declaration of a public health emergency under Section 319 of the PHSA. The table arranges the listed statutes by U.S. Code title, followed by a brief description of each activated authority. The table was compiled by searching Westlaw’s U.S. Code database for “TE(“public health" /5 emergency).” CRS then used Westlaw’s “Citing References” function to identify all provisions of the U.S. Code that cross-reference 42 U.S.C. § 247d (Section 319) and by searching Westlaw’s U.S. Code database for statutory provisions that refer to Section 319. CRS then cross-checked the results against other studies. 71 Not every search result satisfied the criteria for inclusion in Table 3. For example, a statute was excluded if     71 the statute does not confer additional authority, but instead, for example requires an executive agency to provide notice to Congress or other agencies; 72 the statute does not confer additional authority on the executive branch but instead provides an exception to general legal requirements for nongovernment entities;73 the statute includes measures in preparation for potential emergencies that may occur in the future, but does not include any grants of power that are triggered by an emergency declaration;74 the statute references a “public health emergency” but either does not expressly identify a determination under Section 319 or another statute as being necessary See BRENNAN CENTER FOR JUSTICE, supra note 30. See, e.g., 6 U.S.C. § 467 (“During the period in which the Secretary of Health and Human Services has declared the existence of a public health emergency under [Section 319], the Secretary of Health and Human Services shall keep relevant agencies, including the Department of Homeland Security, the Department of Justice, and the Federal Bureau of Investigation, fully and currently informed.”). 6973 See, e.g., 10 U.S.C. § 1060c (allowing veterinary professionals to provide services anywhere in the United States, regardless of where they are licensed, in response to a “public health emergency declared by the Secretary of Health and Human Services under” Section 319). 68 7072 74 For example, 38 U.S.C. § 1785 allows the Secretary of Veterans Affairs to provide hospital care and medical services to individuals responding to or affected by an “emergency in which the National Disaster Medical System . . . is activated.” T he National Disaster Medical System may be activated following a declaration of a public health emergency under Section 319. See 42 U.S.C. § 300hh-11. In addition, multiple provisions of the U.S. Code authorize executive agencies to take certain actions in preparation for potential emergencies that may occur in the future, but do not include any grants of power that are triggered by an emergency declaration. See, e.g., 21 U.S.C. § 823; 42 U.S.C. §§ 247d-3c, 247d-4, 247d-7a, 254q-1, 300hh-2, 300hh-10e, 300hh-13. Congressional Research Service 34 Emergency Authorities Under the NEA, Stafford Act, and PHSA to be activated, 75 or specifies that the authority may be employed regardless of whether a Section 319 determination is issued;76  the statute specifies that it refers only to a declaration of a public health emergency issued under a statutory provision other than Section 319;77 or 2 U.S.C. § 4123 (granting the Attending Physician to Congress “the authority and responsibility for overseeing and coordinating the use of medical assets in response to a bioterrorism event and other medical contingencies or public health emergencies occurring within the Capitol Buildings or the United States Capitol Grounds,” including “the authority to enact quarantine and to declare death”); 15 U.S.C. § 2613 (allowing the Administrator of the Environmental Protection Agency to disclose information exempt fro m disclosure under the Freedom of Information Act, 5 U.S.C. § 552(a), “in the event of an emergency to a treating or responding physician, nurse, agent of a poison control center, public health or environmental official of a State, political subdivision of a State, or tribal government, or first responder . . . if such person requests the information,” subject to conditions including that the requesting person has a “reasonable basis to suspect” that “a medical, public health, or environmental emergency exi sts”); 42 U.S.C. § 204 (establishing a Ready Reserve Corps of the Public Health Service to “be available for backfilling critical positions left vacant during deployment of active duty Commissioned Corps members during such emergencies, as well as for deployment to respond to public health emergencies, both foreign and domestic”); 42 U.S.C. § 247b-7 (authorizing the HHS Secretary to enter into contracts with certain “appropriately qualified health professionals” providing for repayment of certain educational loans if “such health professionals agree to conduct prevention activities or preparedness and response activities, including rapid response to public health emergencies and significant public health threats, as employees of the Centers for Disease Control and Prevention and the Agency for T oxic Substances and Disease Registry”); 42 U.S.C. § 247d-6b (directing the HHS Secretary to establish “a stockpile or stockpiles of drugs, vaccines and other biological products, medical devices, and other supplies . . . to provide for and optimize the emergency health security of the United States . . . in the event of a bioterrorist attack or other public health emergency,” and permitted the Secretary to “deploy the stockpile at the discretion of the Secretary to respond to an actual or potential public health emergency or other situation in which deployment is necessary to protect the public health or safety”); 42 U.S.C. § 247d-6d (“[I]f the Secretary makes a determination that a disease or other health condition or other threat to health constitutes a public health emergency, or that there is a credible risk that the disease, condition, or threat may in the future constitute such an emergency, the Secretary may make a declaration, through publication in the Federal Register, recommending, under conditions as the Secretary may specify, the manufacture, testing, development, distribution, administration, or use of one or more covered countermeasures, and stating that subsection (a) is in effect with respect to the activities so recommended.” Subsection (a) provides immunity from suit with respect to “claims for loss caused by, arising out of, relating to, or resulting from the administration to or the use by an individual of a covered countermeasure.”); 42 U.S.C. § 300hh -15 (authorizing the HHS Secretary to “activate and deploy willing members” of a Medical Reserve Corps “to areas of need, taking into consideration the public health and medical expertise required, with the concurrence of the State, local, or tribal officials from the area where the members reside” during “a public health emergency”); 42 U.S.C. § 5403 (authorizing the HHS Secretary to issue an order related to manufactured home construction and safety standards without following certain statutory procedures “in order to respond to an emergency that jeopardizes the public health or safety”). 75 76 7 U.S.C. § 8401 (allowing the Secretary of Agriculture to provide exemptions from regulations of biological agents or toxins “[u]pon request of the Secretary of Health and Human Services, after the granting by such Secretary of an exemption” under 42 U.S.C. § 262a(g)(3), which references certain public health emergencies “whether determined under [Section 319] . . . or otherwise”). 77 See, e.g., 16 U.S.C. § 1855 (enabling the Secretary of Commerce to promulgate regulations in response to a public health emergency affecting fisheries “[i]f the Secretary finds that an emergency exists or that interim measures are needed to reduce overfishing for any fishery;” a regulation “t hat responds to a public health emergency or an oil spill may remain in effect until the circumstances that created the emergency no longer exist, Provided, T hat the public has an opportunity to comment after the regulation is published, and, in the case o f a public health emergency, the Secretary of Health and Human Services concurs with the Secretary’s action”); 21 U.S.C. § 360bbb-3(allowing the HHS Secretary to “authorize the introduction into interstate commerce, during the effective period of [an emergency declaration], of a drug, device, or biological product intended for use in an actual or potential emergency;” the declaration may be based on “a determination by the Secretary that there is a public health emergency, or a significant potential for a public health emergency, that affects, or has a significant potential to affect, national security or the health and security of United States citizens living abroad, and that involves a biological, chemical, radiological, or nuclear agent or agents, or a disease or condition that may be attributable to such agent or agents”); 21 U.S.C. § 360bbb-3a (enabling the HHS Secretary to allow “deviations from current good manufacturing practice requirements” for certain medical products when warranted by “a domestic, military, or public health emergency or Congressional Research Service 35 Emergency Authorities Under the NEA, Stafford Act, and PHSA  the statute applies to a “public health emergency” that has already been declared, such as with respect to the COVID-19 pandemic, and these authorities lapse once the public health emergency ends. 78 Although these criteria were intended to help ensure that only statutory authorities activated by a declaration of a “public health emergency” under Section 319 were captured, they also led to the exclusion of certain statutes that, while not using the term “public health emergency,” might nonetheless be considered relevant. 79 Limitations A search using the methodology described above was done on July 13, 2020. The search may not have captured all relevant authorities currently in effect. For example, for purposes of manageability, the methodology captures only statutes codified in the U.S. Code. 80 Moreover, the criteria used to identify statutes may have excluded some potentially relevant authorities, particularly when those statutes did not expressly refer to a “public health emergency” determination under Section 319 but nonetheless have functionally served similar purposes. material threat” as defined in 21 U.S.C. § 360bbb-3(b)); 38 U.S.C. § 8117 (referring to a public health emergency, as defined in reference to the circumstances set forth in section 2801 of the PHSA, 42 U.S.C. § 30 0hh); 42 U.S.C. § 233 (in the case of a public health emergency related to smallpox, enabling the HHS Secretary to “issue a declaration, pursuant to this paragraph, concluding that an actual or potential bioterrorist incident or other actual or potential p ublic health emergency makes advisable the administration of a covered countermeasure to a category or categories of individuals”); 42 U.S.C. § 289c (authorizing the HHS Secretary to “determine[ ], after consultation with the Director of [the National Institutes of Health], the Commissioner of the Food and Drug Administration, or the Director of the Centers for Disease Control and Prevention, that a disease or disorder constitutes a public health emergency,” and, upon such a determination, directs the Secretary to take certain steps to support research and allows the Secretary to “provide administrative supplemental increases in existing grants and contracts to support new research relevant to such disease or disorder”); 42 U.S.C. § 300j-1 (authorizing the Administrator of the Environmental Protection Agency to provide technical assistance and grants “to assist in responding to and alleviating any emergency situation affecting public water systems . . . which the Administrator determines to present substantial danger to the public health”); 42 U.S.C. § 9604 (allowing the President to declare “public health or environmental emergency” related to the actual or threatened release of a hazardous substance into the environment, and making available various statuto ry authorities to address and mitigate dangers related to the release of those substances, including the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. ch. 103). 78 Many provisions of the Coronavirus Aid, Relief, and Econ omic Security Act (CARES Act) apply only during the public health emergency related to COVID-19. See, e.g., Pub. L. No. 116-136 § 20003 (providing that for purposes of T itle X of the CARES Act, related to T he Department of Veterans Affairs, “the term ‘public health emergency’ means an emergency with respect to COVID–19 declared by a Federal, State, or local authority”). See also, e.g., 29 U.S.C. § 2612 (provision of the Families First Coronavirus Response Act, enacted March 18, 2020, providing leave benefits for certain eligible employees “during the period beginning on March 18, 2020, and ending on December 31, 2020, because of a qualifying need related to a public health emergency”). T hese, like the many other provisions pertaining to health, education, employment, food assistance, and other emergency COVID-19 pandemic relief actions, are beyond the scope of this report. 79 See, e.g., 15 U.S.C. § 20103 (allowing the Secretary of T ransportation to waive compliance with regulations as “necessary to address an actual or impending emergency situation or emergency event,” defined to include a “biological outbreak”). 80 See supra note 46 (discussing reasons for limiting search to statutes found in the U.S. Code). Congressional Research Service 36 Emergency Authorities Under the NEA, Stafford Act, and PHSA Table 3. Statutory Authorities Expressly Enabled by Declaration under Section 319 of the PHSA Citation Description Title 10—Armed Forces 10 U.S.C. § 1060c Provision of veterinary services in emergencies Authorizes certain veterinary professionals employed or certified by the Department of Defense or who are members of the National Guard to provide veterinary services in certain contexts, including in response to a “public health emergency” under Section 319, without regard to where such veterinary professional or the patient animal are located, if the provision of such services is within the scope of the authorized duties of such veterinary professional for the Department of Defense. Title 21—Food and Drugs 21 U.S.C. § 356j Discontinuance or interruption in the production of medical devices Allows the HHS Secretary to “determine[ ] that information on potential meaningful supply disruptions of [a] device is needed during, or in advance of, a public health emergency” and, upon such a determination, requires that the manufacturer of such a device shall “during, or in advance of, a public health emergency declared by the Secretary under section 319 of the Public Health Service Act, notify the Secretary” of any interruption or discontinuance of manufacturing “that is likely to lead to a meaningful disruption in the supply of that device in the United States, and the reasons for such discontinuance or interruption.” 21 U.S.C. § 360 Allows the HHS Secretary to require registered drug manufacturers to report the amounts of drugs they have manufactured “at the time a public health emergency is declared by the Secretary under section 319 of the Public Health Service Act.” Registration of producers of drugs or devices 21 U.S.C. § 360eee-1 Requirements 21 U.S.C. § 802 Definitions Note: This provision, added by the CARES Act goes into effect 180 d ays after that Act’s enactment on March 27, 2020. See Pub. L. No. 116-136, Div. A, Title III, § 3112(e), (g). Requires the HHS Secretary to issue guidance establishing a process for entities to request a waiver of certain product tracing requirements, “which the Secretary may grant if the Secretary determines that such requirements would result in an undue economic hardship or for emergency medical reasons, including a public health emergency declaration pursuant to” Section 319. Allows the HHS Secretary, with the concurrence of the Attorney General, to designate geographic areas and controlled substances with respect to which to permit the practice of telemedicine “during a public health emergency declared by the Secretary under” Section 319, subject to certain requirements. Title 29—Labor 29 U.S.C. § 1148 Authority to postpone certain deadlines by reason of Presidentially declared disaster or terroristic or military actions Allows the Secretary of Labor to postpone certain deadlines under the Employee Retirement Income Security Act in circumstances including a public health emergency declared under Section 319. Congressional Research Service 37 Emergency Authorities Under the NEA, Stafford Act, and PHSA Citation Description Title 42—The Public Health and Welfare 42 U.S.C. § 204a Deployment readiness Defines “[u]rgent or emergency public health care need,” with reference to deployment of the Commissioned Corps of the Public Health Service, as “a health care need, as determined by the Secretary, arising as the result of a national emergency declared by the President under the National Emergencies Act (50 U.S.C. §§ 1601, et seq.); an emergency or major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, a public health emergency declared by the Secretary under [Section 319] or any emergency that, in the judgment of the Secretary, is appropriate for the deployment of members of the [Commissioned] Corps.” Authority may be used, for example, to detail Commissioned Corps to an entity outside HHS under the terms of 42 U.S.C. § 215. 42 U.S.C. § 238m Allows the HHS Secretary to enter into contracts with fiscal agents “to determine the amounts payable to persons who, on behalf of the Public Health Service, furnish health services to individuals pursuant to” Section 319. Use of fiscal agents 42 U.S.C. § 247d-4a Infectious Diseases Rapid Response Reserve Fund 42 U.S.C. § 247d-7c Establishes an Infectious Diseases Rapid Response Reserve Fund, which may “be provided for an infectious disease emergency if the infectious disease emergency (1) is declared by the Secretary of Health and Human Services under [Section 319] to be a public health emergency; or (2) as determined by the Secretary, has significant potential to imminently occur and potential, on occurrence, to affect national security or the health and security of United States citizens, domestically or internationally.” Authorizes the HHS Secretary to provide supplies, equipment, and services in place of payments upon the request of a recipient of an award under Section 319. Supplies and services in lieu of award funds 42 U.S.C. § 300d-73 Maintenance of the poison control center grant program Allows the HHS to waive accreditation requirements for “a poison control center whose accreditation is affected by a public health emergency declared pursuant to” Section 319. 42 U.S.C. § 300x67 Public health emergencies Allows the HHS Secretary to “grant an extension, or waive application deadlines or compliance with any other requirement” applicable to certain grants related to mental health and substance abuse “[i]n the case of a public health emergency (as determined under [Section 319]).” 42 U.S.C. § 300ff83 Allows the HHS Secretary, during “a public health emergency declared by the Secretary pursuant to” Section 319, to waive requirements with respect to certain Human Immunodeficiency Virus programs “to improve the health and safety of those receiving care under this subchapter and the general public.” Public health emergency 42 U.S.C. § 300ff138 Miscellaneous provisions 42 U.S.C. § 1320b-5 Authority to waive requirements during national emergencies Allows the HHS Secretary to suspend infectious disease notification and reporting requirements if “the Secretary determines that, wholly or partially as a result of a public health emergency that has been determined pursuant to [Section 319], individuals or public or private entities are unable to comply with the requirements.” The Secretary is required to notify Congress of the suspension and publish notice in the Federal Register “[b]efore or promptly after such a suspension.” Authorizes the Secretary of HHS to waive or modify certain requirements of Medicare, Medicaid, the State Children’s Health Insurance Program, and the Health Insurance Portability and Accountability Act, and other provisions related to certification or licensing of health care providers, sanctions related to physician referrals, patient transfers, deadlines and other penalties, in response to a public health emergency and either an emergency declared by the President pursuant to the NEA or an emergency or disaster under the Stafford Act. Congressional Research Service 38 Emergency Authorities Under the NEA, Stafford Act, and PHSA 42 U.S.C. § 1395w-3a Use of average sales price payment methodology Allows the HHS Secretary to use an alternative method to calculate the amount payable for a drug or biological under Medicare Part B when there is “a public health emergency under [Section 319] in which there is a documented inability to access drugs and biologicals, and a concomitant increase in the price, of a drug or biological which is not reflected in the manufacturer's average sales price for one or more quarters.” Source: Information compiled by CRS using Westlaw.254q-1, 300hh-2, 300hh-10e, 300hh-13. 71 See, e.g., id. § 1395rr-1 (referring to 42 U.S.C. § 9604, which allows the President to declare “public health or environmental emergency” related to the actual or threatened release of a hazardous substance into the environment); 38 U.S.C. § 8117 (referring to a public health emergency as defined in section 2801 of the PHSA, 42 U.S.C. § 300hh). T he U.S. Code contains several types of references to public health emergencies: (1) references to a “public health emergency” that do not require (or otherwise mention) a declaration under another section of the Code; (2) references to a public health emergency declared pursuant to Section 319; (3) references to a public health emergency “whether determined under [Section 319] or otherwise”; and (4) references to a public health emergency declared under 42 U.S.C. § 9604. Table 3 includes the first three types of provisions and excludes the fourth. 72 Many provisions of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) apply only during the public health emergency related to COVID-19. See, e.g., Pub. L. No. 116-136 § 20003 (providing that for purposes of T itle X of the CARES Act, related to T he Department of Veterans Affairs, “the term ‘public health emergency’ means an emergency with respect to COVID–19 declared by a Federal, State, or local authority”). See also, e.g., 29 U.S.C. § 2612 (provision of the Families First Coronavirus Response Act, enacted March 18, 2020, pro viding leave benefits for certain eligible employees “during the period beginning on March 18, 2020, and ending on December 31, 2020, because of a qualifying need related to a public health emergency”). 73 See, e.g., 15 U.S.C. § 20103 (allowing the Secretary of T ransportation to waive compliance with regulations as “necessary to address an actual or impending emergency situation or emergency event,” defined to include a “biological outbreak”). Congressional Research Service 34 Emergency Authorities Under the NEA, Stafford Act, and PHSA Limitations A search using the methodology described above was done on June 2, 2020. The search may not have captured all relevant authorities currently in effect. For example, for purposes of manageability, the methodology captures only statutes codified in the U.S. Code. 74 Moreover, the criteria used to identify statutes may have excluded some potentially relevant authorities, particularly when those statutes did not expressly refer to a “public health emergency” but nonetheless have functionally served similar purposes. Table 3. Statutory Authorities Triggered by Declaration of a Public Health Emergency Citation Description Title 2—The Congress 2 U.S.C. § 4123 Authority of Attending Physician in response to medical contingencies or public health emergencies at Capitol Grants the Attending Physician to Congress “the authority and responsibility for overseeing and coordinating the use of medical assets in response to a bioterrorism event and other medical contingencies or public health emergencies occurring within the Capitol Buildings or the United States Capitol Grounds,” including “the authority to enact quarantine and to declare death.” Title 7—Agriculture 7 U.S.C. § 8401 Regulation of certain biological agents and toxins Allows the Secretary of Agriculture to provide exemptions from regulations of biological agents or toxins “[u]pon request of the Secretary of Health and Human Services, after the granting by such Secretary of an exemption” under 42 U.S.C. § 262a(g)(3). Title 15—Commerce and Trade 15 U.S.C. § 2613 Regulation of certain biological agents and toxins Allows the Administrator of the Environmental Protection Agency to disclose information exempt from disclosure under the Freedom of Information Act, 5 U.S.C. § 552(a), “in the event of an emergency to a treating or responding physician, nurse, agent of a poison cont rol center, public health or environmental official of a State, political subdivision of a State, or tribal government, or first responder . . . if such person requests the information,” subject to conditions including that the requesting person has a “reasonable basis to suspect” that “a medical, public health, or environmental emergency exists.” 74 In short, a search of all laws ever enacted would have been a daunting undertaking, and statutory provisions not codified in the U.S. Code would be unlikely to fit other criteria used to determine inclusion (e.g., the laws had expired, or concerned a provision that did not augment the authorities of the implementing agency, such as a reporting requirement or instruction for the agency to engage in a study). For Information about the codification of statutes, see the Office of the Law Revision Counsel, About Classification of Laws to the United States Code, https://uscode.house.gov/about_classification.xhtml. Congressional Research Service 35 Emergency Authorities Under the NEA, Stafford Act, and PHSA Citation Description Title 16—Conservation 16 U.S.C. § 1855 Other requirements and authority Allows the Secretary of Commerce to promulgate emergency regulations “[i]f the Secretary finds that an emergency exists or that interim measures are needed to reduce overfishing for any fishery.” Any emergency regulation “that responds to a public health emergency or an oil spill may remain in effect until the circumstances that created the emergency no longer exist, Provided, That the public has an opportunity to comment after the regulation is published, and, in the case of a public health emergency, the Secretary of Health and Human Services concurs with the Secretary’s action.” This provision appears to be limited to public health emergencies affecting fisheries. Title 21—Food and Drugs 21 U.S.C. § 356j Discontinuance or interruption in the production of medical devices Allows the HHS Secretary to “determine[ ] that information on potential meaningful supply disruptions of [a] device is needed during, or in advance of, a public health emergency” and, upon such a determination, requires that the manufacturer of such a device shall “during, or in advance of, a public health emergency declared by the Secretary under section 319 of the Public Health Service Act, notify the Secretary” of any interruption or discontinuance of manufacturing “that is likely to lead to a meaningful disruption in the supply of that device in the United States, and the reasons for such discontinuance or interruption .” This provision was added by the CARES Act, enacted March 27, 2020. 21 U.S.C. § 360 Registration of producers of drugs or devices Allows the HHS Secretary to require registered drug manufacturers to report the amounts of drugs they have manufactured “at the time a public health emergency is declared by the Secretary under section 319 of the Public Health Service Act.” Note: This provision, added by the CARES Act goes into effect 180 days after that Act’s enactment on March 27, 2020. See Pub. L. No. 116-136, Div. A, Title III, § 3112(e), (g). 21 U.S.C. § 360bbb-3 Authorization for medical products for use in emergencies Allows the HHS Secretary to “authorize the introduction into interstate commerce, during the effective period of [an emergency declaration], of a drug, device, or biological product intended for use in an actual or potential emergency.” Such declaration may be based on “a determination by the Secretary that there is a public health emergency, or a significant potential for a public health emergency, that affects, or has a significant potential to affect, national security or the health and security of United States citizens living abroad, and that involves a biological, chemical, radiological, or nuclear agent or agents, or a disease or condition that may be attributable to such agent or agents.” 21 U.S.C. § 360bbb-3a Emergency use of medical products Authorizes the HHS Secretary to allow “deviations from current good manufacturing practice requirements” for certain medical products when warranted by “a domestic, military, or public health emergency or material threat” as defined in 21 U.S.C. § 360bbb-3(b). 21 U.S.C. § 360eee-1 Requirements Requires the HHS Secretary to issue guidance establishing a process for entities to request a waiver of certain product tracing requirements, “which the Secretary may grant if the Secretary determines that such requirements would result in an undue economic hardship or for emergency medical reasons, including a public health emergency declaration pursuant to” Section 319. 21 U.S.C. § 802 Allows the HHS Secretary, with the concurrence of the Attorney General, to designate geographic areas and controlled substances with respect to which to permit the practice of telemedicine “during a public health emergency declared by the Secretary under” Section 319, subject to certain requirements. Definitions Congressional Research Service 36 Emergency Authorities Under the NEA, Stafford Act, and PHSA Citation Description Title 29—Labor 29 U.S.C. § 1148 Authority to postpone certain deadlines by reason of Presidentially declared disaster or terroristic or military actions Allows the Secretary of Labor to postpone certain deadlines under the Employee Retirement Income Security Act in circumstances including a public health emergency declared under Section 319. This provision was amended by the CARES Act on March 27, 2020, to include a public health emergency as one of the circumstances that may justify postponement. Title 42—The Public Health and Welfare 42 U.S.C. § 204 Commissioned Corps and Ready Reserve Corps Establishes a Ready Reserve Corps of the Public Health Service to “be available for backfilling critical positions left vacant during deployment of active duty Commissioned Corps members during such emergencies, as well as for deployment to respond to public health emergencies, both foreign and domestic.” This provision was amended by the CARES Act, enacted March 27, 2020. 42 U.S.C. § 204a Deployment readiness Defines “[u]rgent or emergency public health care need,” with reference to deployment of the Commissioned Corps of the Public Health Service, as “a health care need, as determined by the Secretary, arising as the result of a national emergency declared by the President under the National Emergencies Act (50 U.S.C. §§ 1601, et seq.); an emergency or major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, a public health emergency declared by the Secretary under section 247d of . . . title 42 or any emergency that, in the judgment of the Secretary, is appropriate for the deployment of members of the [Commissioned] Corps.” 42 U.S.C. § 233 Authorizes the HHS Secretary to “issue a declaration, pursuant to this paragraph, concluding that an actual or potential bioterrorist incident or other actual or potential public health emergency makes advisable the administration of a covered countermeasu re to a category or categories of individuals.” Civil actions or proceedings against commissioned officers or employees 42 U.S.C. § 238m Use of fiscal agents 42 U.S.C. § 247b7 This subsection is entitled “Administration of smallpox countermeasures by health professionals” and appears intended to address public health emergencies related to smallpox. Allows the HHS Secretary to enter into contracts with fiscal agents “to determine the amounts payable to persons who, on behalf of the Public Health Service, furnish health services to individuals pursuant to” Section 319. Loan repayment program Authorizes the HHS Secretary to enter into contracts with certain “appropriately qualified health professionals” providing for repayment of certain educational loans if “such health professionals agree to conduct prevention activities or preparedness and response activities, including rapid response to public health emergencies and significant public health threats, as employees of the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry.” 42 U.S.C. § 247d4a Infectious Diseases Rapid Response Reserve Fund Establishes an Infectious Diseases Rapid Response Reserve Fund, which may “be provided for an infectious disease emergency if the infectious disease emergency (1) is declared by the Secretary of Health and Human Services under [Section 319] to be a public health emergency; or (2) as determined by the Secretary, has significant potential to imminently occur and potential, on occurrence, to affect national security or the health and security of United States citizens, domestically or internationally.” Congressional Research Service 37 Emergency Authorities Under the NEA, Stafford Act, and PHSA Citation Description 42 U.S.C. § 247d6b Directs the HHS Secretary to establish “a stockpile or stockpiles of drugs, vaccines and other biological products, medical devices, and other supplies . . . to provide for and optimize the emergency health security of the United States . . . in the event of a bioterrorist attack or other public health emergency.” Authorizes the Secretary to “deploy the stockp ile at the discretion of the Secretary to respond to an actual or potential public health emergency or other situation in which deployment is necessary to protect the public health or safety.” Strategic National Stockpile and security countermeasure procurements 42 U.S.C. § 247d6d Targeted liability protections for pandemic and epidemic products and security countermeasures 42 U.S.C. § 247d7a Provides that “if the Secretary makes a determination that a disease or other health condition or other threat to health constitutes a public health emergency, or that there is a credible risk that the disease, condition, or threat may in the future constitute such an emergency, the Secretary may make a declaration, through publication in the Federal Register, recommending, under conditions as the Secretary may specify, the manufacture, testing, development, distribution, administration, or use of one or more covered countermeasures, and stating that subsection (a) is in effect with respect to the activities so recommended.” Subsection (a) provides immunity from suit with respect to “claims for loss caused by, arising out of, relating to, or resulting from the administration to or the use by an individual of a covered countermeasure.” Grants regarding training and education of certain health professionals Allows the HHS Secretary to “make awards of grants and cooperative agreements to appropriate public and nonprofit private health or educational entities . . . for the purpose of providing low-interest loans, partial scholarships, partial fellowships, revolving loan funds, or other cost-sharing forms of assistance for the education and training of individuals in any category of health professions for which there is a shortage that the Secretary determines should be alleviated in order to prepare for or respond effectively to bioterrorism and other public health emergencies.” 42 U.S.C. § 247d7c Authorizes the HHS Secretary to provide supplies, equipment, and services in place of payments upon the request of a recipient of an award under Section 319. Supplies and services in lieu of award funds 42 U.S.C. § 262a Enhanced control of dangerous biological agents and toxins Allows the HHS Secretary to exempt temporarily a person from regulatory controls of certain biological agents and toxins “if the Secretary determines that such exempt ion is necessary to provide for the timely participation of the person in a response to a domestic or foreign public health emergency (whether determined under [Section 319] or otherwise) that involves a listed agent or toxin.” 42 U.S.C. § 289c Research on public health emergencies Authorizes the HHS Secretary to “determine[ ], after consultation with the Director of [the National Institutes of Health], the Commissioner of the Food and Drug Administration, or the Director of the Centers for Disease Control and Prevention, that a disease or disorder constitutes a public health emergency,” and, upon such a determination, directs the Secretary to take certain steps to support research and allows the Secretary to “provide administrative supplemental increases in existing grants and contracts to support new research relevant to such disease or disorder.” 42 U.S.C. § 300d73 Allows the HHS to waive accreditation requirements for “a poison control center whose accreditation is affected by a public health emergency declared pursuant to” Section 319. Maintenance of the poison control center grant program Congressional Research Service 38 Emergency Authorities Under the NEA, Stafford Act, and PHSA Citation 42 U.S.C. § 300j1 Research, technical assistance, information, training of personnel Description Authorizes the Administrator of the Environmental Protection Agency to provid e technical assistance and grants “to assist in responding to and alleviating any emergency situation affecting public water systems . . . which the Administrator determines to present substantial danger to the public health.” 42 U.S.C. § 300x67 Public health emergencies Allows the HHS Secretary to “grant an extension, or waive application deadlines or compliance with any other requirement” applicable to certain grants related to mental health and substance abuse “[i]n the case of a public health emergency (as determined under [Section 319]).” 42 U.S.C. § 300ff83 Public health emergency Allows the HHS Secretary, during “a public health emergency declared by the Secretary pursuant to” Section 319, to waive requirements with respect to certain Human Immunodeficiency Virus programs “to improve the health and safety of those receiving care under this subchapter and the general public.” 42 U.S.C. § 300ff138 Miscellaneous provisions Allows the HHS Secretary to suspend infectious disease notification and reporting requirements if “the Secretary determines that, wholly or partially as a result of a public health emergency that has been determined pursuant to [Section 319], individuals or public or private entities are unable to comply with the requirements.” The Secretary is required to notify Congress of the suspension and publish notice in the Federal Register “[b]efore or promptly after such a suspension.” 42 U.S.C. § 300hh-11 Authorizes the HHS Secretary to activate the National Disaster Medical System to “provide health services, health-related social services, other appropriate human services, and appropriate auxiliary services to respond to the needs of victims of a public health emergency, including at-risk individuals as applicable (whether or not determined to be a public health emergency under [Section 319]).” National Disaster Medical System 42 U.S.C. § 300hh-15 Volunteer Medical Reserve Corps 42 U.S.C. § 1320b-5 Authority to waive requirements during national emergencies 42 U.S.C. § 1395w-3a Use of average sales price payment methodology 42 U.S.C. § 5403 Construction and safety standards Authorizes the HHS Secretary to “activate and deploy willing members” of a Medical Reserve Corps “to areas of need, taking into consideration the public health and medical expertise required, with the concurrence of the State, local, or tribal officials from the area where the members reside” during “a public health emergency.” Allows the HHS Secretary to waive numerous requirements in areas including licensing of health care professionals, program participation, transfer of patients, and more, when there exists both an emergency or disaster declared by the President under the Stafford Act and a public health emergency declared by the Secretary under Section 319. This provision was amended by the Families First Coronavirus Response Act, enacted March 18, 2020, to authorize the HHS Secretary to waive requirements related to the use of telehealth services based on the public health emergency declared by the Secretary pursuant to Section 319 on January 31, 2020, entitled “Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus.” Allows the HHS Secretary to use an alternative method to calculate the amount payable for a drug or biological under Medicare Part B when there is “a public health emergency under [Section 319] in which there is a documented inability to access drugs and biologicals, and a concomitant increase in the price, of a drug or biological which is not reflected in th e manufacturer's average sales price for one or more quarters.” Subject to certain requirements, allows the HHS Secretary to issue an order related to manufactured home construction and safety standards without following certain statutory procedures “in order to respond to an emergency that jeopardizes the public health or safety.” Source: Information compiled by CRS using Westlaw. Congressional Research Service 39 Emergency Authorities Under the NEA, Stafford Act, and PHSA Author Information Jennifer K. Elsea, Coordinator Legislative Attorney Kevin M. Lewis Legislative Attorney Jay B. Sykes Legislative Attorney Bryan L. Adkins Legislative Attorney Joanna R. Lampe Legislative Attorney Disclaimer This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has been provided by CRS to Members of Congress in connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you wish to copy or otherwise use copyrighted material. Congressional Research Service R46379 · VERSION 1 · NEW 404 · UPDATED 39