Emergency Authorities Under the
June 3, 2020
National Emergencies Act, Stafford Act,
Jennifer K. Elsea,
and Public Health Service Act
Coordinator
Legislative Attorney
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
Jay B. Sykes
the Executive general emergency powers, the President generally must rely on Congress for such
Legislative Attorney
authority. Congress has historically given the President robust powers to act in times of crisis.

These emergencies powers are scattered throughout the U.S. Code and touch on matters ranging
Joanna R. Lampe
from international emergencies to public health crises to natural disasters, among many other
Legislative Attorney

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
Kevin M. Lewis
Assistance Act (Stafford Act), and the Public Health Service Act (PHSA).
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. These waivers and modifications last 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
emergency.
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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
T does not grant the Executive general emergency powers, the President generaly must rely
on Congress for such authority. Congress has historical y given the President robust powers to act
in times of crisis.
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
Coronavirus Disease 2019 (COVID-19) pandemic confronting the United States and other
countries.5 The declaration invokes Section 1135 of the Social Security Act6 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 wil 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 The
President also announced in a letter dated March 13 that he was declaring an emergency under the
Stafford Act.8 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.
3 Pub. L. No. 93-288, 88 Stat. 143 (1974), codified at 42 U.S.C. §§ 5121-5207.
4 Pub. L. No. 78-409, 58 Stat. 682 (1944), codified as amended at 42 U.S.C. §§ 201 -300mm–61.
5 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/proclamation-
declaring-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 94. See Exec.
Ord. No. 13,912, National Emergency Authority to Order the Selected Reserve and Certain Members of the Individual
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. 22,915 (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-stafford-
act/.
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.
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Defense and Secretary of Homeland Security to coordinate and fund, respectively, certain
National Guard efforts to mitigate the pandemic.10
Congress then enacted the Coronavirus Aid, Relief, and Economic Security (CARES) Act,11
which contains several 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 general y
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.12 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 al 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
only to respond to the COVID-19 pandemic specifical y, 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, 2020,13 invoking the Defense Production
Act (DPA)14 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 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 nal 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 Support for Governors’ Use of the National Guard t o
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 Support 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 Pandem ic
Response: Fram ework for Action, by Alan Ott .
11 Pub. L. No. 116-136, 134 Stat. 285 (2020). T his report does not summarize provisions that are in effect only during
the national emergency the President declared to address the COVID-19 outbreak.
12 See, e.g., 42 U.S.C. § 204 (establishing in the Public Health Service a commissioned Corps and Reserve Corps “for
the purpose of securing a reserve for duty in the Service in time of public health or national emergency”).
13 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.whitehouse.gov/presidential-actions/
executive-order-prioritizing-allocating-health-medical-resources-respond-spread-covid-19/.
14 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.
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The National Emergencies Act
Enacted in 1976 to rein in presidential emergency powers,16 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.17 The NEA does not define “national emergency,”18 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
 publish the proclamation of a national emergency in the Federal Register and
transmit it to Congress;20
 maintain records and transmit to Congress al rules and regulations promulgated
to carry out such authorities;21 and
 provide an accounting of expenditures directly attributable to the exercise of such
authorities for every six-month period following the declaration.22
The NEA further provides that a national emergency wil end (1) automatical y 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).23 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

16 For an explanation of the NEA’s legislative history, see generally CRS Report 98-505, National Emergency Powers,
by L. Elaine Halchin.
17 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 Em ergency under the National Em ergencies Act, by Jennifer K.
Elsea.
19 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 emergency. 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 50 U.S.C. § 1621.
21 Id. § 1641.
22 Id.
23 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).
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.
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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.26 There are currently 34 national
emergency declarations in effect,27 some of which have been renewed for decades.28
Methodology
Table 1 identifies 116 sections of the U.S. Code potential y 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.29 CRS compiled this list by searching al of
Westlaw’s U.S. Code database for “TE(“national emergenc!”).”30 CRS then used Westlaw’s
“Citing References” function to identify al 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 Justice31 and one included in an earlier CRS Report.32
Not every search result satisfied criteria for inclusion in Table 1. For example, a statute was
excluded if
 the relevant statutory provision has been transferred or repealed;33
 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 For a list of active national emergencies, see CRS Report 98-505, National Emergency Powers, by L. Elaine Halchin.
28 See id.
29 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 Brennan Center
for Justice, BRENNAN CENTER FOR JUSTICE, A GUIDE TO EMERGENCY POWERS AND THEIR USE (2019),
https://www.brennancenter.org/sites/default/files/legislation/Emergency%20Powers_Printv2.pdf , cited in congressional
hearings, e.g., Hearing on the National Em ergencies Act of 1976 Before the Subcom m. on the Constitution of the H.
Com m . on the Judiciary (116th Cong. 2019) (statement of Elizabeth Goitein, Co -Director, Liberty 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 T he T E segment in Westlaw restricts searches to the statutory text.
31 BRENNAN CENTER FOR JUSTICE, supra note 29.
32 CRS Report RL31133, Declarations of War and Authorizations for the Use of Military Force: Historical
Background and Legal Im plications, 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 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
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 the statute limits executive authority in some way;35
 the statute imposes a requirement on executive officers that is not discretionary;36
 the authority can only be activated by a congressional declaration of a national
emergency;37
 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

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 retired 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 reemplo yment rights of those 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 f law because of a war or national emergency
declared by the President or Congress, as determined by the Secretary concerned”).
35 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”).
36 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 . . . ”).
37 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.
38 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 contingency
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”).
39 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).
40 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”).
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and emergency assistance that become available when an “emergency” is
declared under the Stafford Act, which are addressed in Table 2 of this report;41
or
 the statute applies to a specific emergency that had already been declared, and
these statutory authorities wil 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.42
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.43 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 specifical y
referencing a declared national emergency.44
Limitations
A search using the methodology described above was performed on June 2, 2020. The search may
not have captured al relevant authorities currently in effect. For example, for purposes of
manageability, the methodology captures only statutes codified in the U.S. Code.45 The criteria
used to identify statutes also excluded some potential y 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 functional y served similar purposes.46

41 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.”
42 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)”).
43 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 ”).
44 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”).
45 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 ting 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.
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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
Al ows the President, “because of national emergency or serious economic conditions
Annual adjustments
affecting the general welfare,” to alter the annual adjustment in pay schedules that would
to pay schedules
otherwise be effective for federal employees.
5 U.S.C. § 5304a
Al ows the President, “because of national emergency or serious economic conditions
Locality-based
affecting the general welfare,” to alter the locality-based comparability pay increases that
comparability
would otherwise be effective.
payments
Title 7—Agriculture
7 U.S.C. § 1332
Requires the Secretary of Agriculture to increase or terminate a national marketing quota
National marketing
for wheat as necessary in case of “a national emergency or . . . a material increase in the
quota
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
Requires the Secretary of Agriculture to increase or terminate a national marketing quota or
General adjustment
acreage al otment for cotton or rice, if necessary to meet “a national emergency or . . . a
of quotas
material increase in export demand.”
7 U.S.C. § 1743
Al ows the Commodity Credit Corporation to dispose of commodity set-asides “in
Reduction of set-
accordance with the directions of the President . . . to meet any national emergency
aside
declared by the President.”
7 U.S.C. § 4208
Provides that the policies stated in the Farmland Protection Policy Act (7 U.S.C. §§ 4201-
Limitations
4208) do not apply “to the acquisition or use of farmland for national defense purposes
during a national emergency.”
7 U.S.C. § 5712
Al ows the President to prohibit or curtail the export of any agricultural commodity “during
Export reporting
a period for which the President has declared a national emergency or for which the
and contract
Congress has declared war.”
sanctity
Title 10—Armed Forces
10 U.S.C. § 123
Authorizes the President to “suspend the operation of any provision of law relating to the
Authority to suspend
promotion, involuntary retirement, or separation of commissioned officers of the Army,
officer personnel
Navy, Air Force, Marine Corps, or Coast Guard Reserve . . . in time of war, or of a national
laws during war or
emergency declared by Congress or the President” until one year after the war or national
national emergency
emergency terminates.
10 U.S.C. § 123a
Authorizes the President to defer any end-strength limitation prescribed by law for any
Suspension of end-
military or civilian component of the armed forces if “there is in effect a war or national
strength and other
emergency” until six months after the war or national emergency terminates.
strength limitations
in time of war or
national emergency
10 U.S.C. § 155
Lifts the four-year limitation on the tours of duty of officers assigned or detailed to duty on
Joint Staff
the Joint Staff of the Joint Chiefs of Staff “in time of war; or during a national emergency
declared by the President or Congress.”
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Citation
Description
10 U.S.C. § 194
Lifts the caps on the number of armed forces and civilian employees that can be assigned or
Limitations on
detailed to permanent duty in management headquarters activities or otherwise in the
personnel
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
Al ows the President to suspend the limitations placed on the number of general officers in
Authority to suspend
the Army, Air Force, and Marines and of flag officers in the Navy, and the number of such
sections 523, 525,
officers who may be designated in various ranks, “in time of war, or of national emergency
and 526
declared by Congress or the President” until up to one year after the war or national
emergency terminates.
10 U.S.C. § 603
Al ows the President to appoint “any qualified person” to any officer grade in the Army,
Appointments in
Navy, Air Force, and Marines up to major general or rear admiral “in time of war, or of
time of war or
national emergency declared by the Congress or the President” for up to two years or six
national emergency.
months after the war or national emergency has terminated, whichever occurs first.
10 U.S.C. § 620
Al ows the Secretary of a military department to exclude a reserve officer ordered to active
Active-duty lists
duty “during a war or national emergency” from the active duty roster of officers.
10 U.S.C. § 688
Waives the 12-month limitation on the period for which retired members of the armed
Retired members:
forces can be recal ed to active duty and the prohibition on recal ing certain categories of
authority to order to
retired officers to active duty “in time of war or of national emergency declared by
active duty
Congress or the President.”
10 U.S.C. § 690
Waives the limitation on the number of retired general officers and flag officers who may be
Retired members
on active duty at any one time “in time of war or of national emergency declared by
ordered to active
Congress or the President.”
duty: limitations on
number
10 U.S.C. § 708
Al ows the Secretary of a military department to cancel a leave of absence granted for
Educational leave of
educational purposes “in time of war, or of national emergency declared by Congress or the
absence
President.”
10 U.S.C. § 712
Al ows the President to detail members of the armed forces to any foreign country he
Foreign
deems advisable to assist in military matters “during a war or a declared national
governments: detail
emergency.”
to assist
10 U.S.C. § 857
Provides that in time of war or national emergency the Secretary of a military service or
Effective date of
designee may commute a sentence of dismissal of a commissioned officer, cadet, or
sentences
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. § 1076a
Permits the Secretary of Defense, during a “national emergency declared by the President or
TRICARE dental
Congress,” to waive the charges otherwise payable by a member of the Selected Reserve of
program
the Ready Reserve or a member of the Individual Ready Reserve for dental insurance
coverage if necessary to ensure readiness for deployment.
10 U.S.C. § 1491
Al ows the Secretary of Defense to waive the requirement that a funeral honors detail be
Funeral honors
provided for the funeral of any veteran if “necessary . . . to meet the requirements of war,
functions at funerals
national emergency, or a contingency operation or other military requirements.”
for veterans
10 U.S.C. § 1580
Al ows the Secretary of Defense or of the military department concerned to designate any
Emergency essential
employee of DOD as an emergency essential employee if they provide immediate support to
employees
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.”
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Emergency Authorities Under the NEA, Stafford Act, and PHSA

Citation
Description
10 U.S.C. § 2208
Al ows the Secretary of Defense to waive the requirement that Congress be given written
Working-capital
notification of the advance bil ing of a customer of a working-capital fund “during a period of
funds
war or national emergency.”
10 U.S.C. § 2350j
Permits the Secretary of Defense, or Secretary of a military department authorized by
Burden sharing
Secretary of Defense, to carry out military construction project using funds contributed
contributions by
from NATO and other countries without a ful report to Congress and waiting period "in
designated countries
which the project is carried out by reason of a declaration of war, or a declaration by the
and regional
President of a national emergency . . . ."
organizations
10 U.S.C. § 2461
Provides that the conditions and prerequisites to privatizing a DOD commercial or
Public-private
industrial type function do “not apply during war or during a period of national emergency
competition
declared by the President or Congress.”
required before
conversion to
contractor
performance
10 U.S.C. § 2632
Al ows the Secretary of a military department to provide transportation for employees
Transportation to
working in a private plant that is manufacturing material for that department “during a war
and from certain
or a national emergency declared by Congress or the President.”
places of
employment and on
military instal ations
10 U.S.C. § 2662
Provides that the congressional notice and wait provisions governing certain real property
Real property
transactions by the Secretary of a military department and by the General Services
transactions: reports
Administration (GSA) for the DOD do not apply, inter alia, if the transaction results from “a
to congressional
declaration of war . . . or a declaration of a national emergency by the President pursuant to
committees
the National Emergencies Act.”
10 U.S.C. § 2808
Provides that the Secretary of Defense and the Secretaries of the military departments, with
Construction
the Secretary of Defense’s authorization, may “without regard to any other provision of
authority in the
law” undertake military construction projects “not otherwise authorized by law” if
event of a
necessary to support the use of the armed forces “in the event of a declaration of war or
declaration of war
the declaration by the President of a national emergency under the National Emergencies
or national
Act that requires use of the armed forces.”
emergency
10 U.S.C. § 7014
Provides that the ceilings on the number of members of the armed forces, civilians, officers,
Office of the
and general officers that may be assigned or detailed for duty in the Office of the Secretary
Secretary of the
of the Army and on the Army Staff “do not apply in time of war or during a national
Army
emergency declared by the President or Congress.”
10 U.S.C. § 7375
Prescribes that “during a national emergency declared by the President” the regular working
Production of
hours of laborers producing military supplies or munitions for the Army are eight hours a
supplies and
day and 40 hours a week, but al ows these limits to be exceeded under regulations
munitions: hours
prescribed by the Secretary of the Army.
and pay of laborers
and mechanics
10 U.S.C. § 8014
Provides that the ceilings on the number of members of the armed forces, civilians, officers,
Office of the
and general and flag officers that may be assigned or detailed for duty in the Office of the
Secretary of the
Secretary of the Navy, the Office of the Chief of Naval Operations, and the Headquarters
Navy
Marine Corps “do not apply in time of war or during a national emergency declared by the
President or Congress.”
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Emergency Authorities Under the NEA, Stafford Act, and PHSA

Citation
Description
10 U.S.C. § 8102
Provides that the limitation to ten on the number of retired flag officers who may be on
Regular Navy:
active duty at any one time in the Regular Navy does not apply “in time of war or national
retired flag officers
emergency.”
on active duty
10 U.S.C. § 8103
Authorizes the President to suspend any provision of the “preceding sections” during a war
Suspension:
or national emergency. (The only relevant preceding section that has not been repealed,
preceding sections
§ 8102, has its own exception for war or national emergency.)
10 U.S.C. § 8385
Provides that members of the Fleet Reserve and Fleet Marine Corps Reserve may be
Members of the
ordered to active duty “in time of war or national emergency declared by Congress, for the
Fleet Reserve and
duration of the war or national emergency and for six months thereafter, . . [and] in time of
Fleet Marine Corps
national emergency declared by the President . . . .”
Reserve: authority to
recal
10 U.S.C. § 8624
Authorizes the Secretary of the Navy “[i]n time of war or during a national emergency
Transportation on
declared by the President,” to permit persons to be transported and subsisted on naval
naval vessels during
vessels at government expense.
wartime
10 U.S.C. § 9014
Provides that the ceilings on the number of members of the armed forces, civilians, officers,
Office of the
and general officers that can be assigned or detailed for duty in the Office of the Secretary of
Secretary of the Air
the Air Force do not apply “in time of war or during a national emergency declared by the
Force
President or Congress.”
10 U.S.C. § 9375
Provides that “during a national emergency declared by the President” the working hours of
Production of
laborers and mechanics employed by the Department of the Air Force are eight hours a day
supplies and
and 40 hours a week but al ows the Secretary of the Air Force to alter these hours by
munitions: hours
regulation.
and pay of laborers
and mechanics
10 U.S.C. § 12006
Al ows the President, “in time of war, or of national emergency,” to suspend the statutory
Strength limitations:
ceilings placed on the number of reserve commissioned officers, reserve general officers,
authority to waive in
and rear admirals in the Army, Navy, Air Force, and Marine Corps reserves for up to one
time of war or
year beyond the end of the war or national emergency, notwithstanding the earlier
national emergency
termination date prescribed by the NEA.
10 U.S.C. § 12302
Al ows the Secretary of a military department, “in time of national emergency declared by
Ready Reserve
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 cal ed up under this provision as wel 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
Provides that if an agreement between the Secretary of the military service concerned and a
Active duty
member of the reserves specifying a set term of active duty expires “during a war or during
agreements
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
Provides that reserve officers not on the active-duty list, when ordered to active duty “in
Officers in transition
time of war or national emergency,” may be considered for promotion by a mandatory or
to and from the
special selection board; or in the case of an officer who “is serving on active duty in support
active-status list or
of a contingency operation, by a vacancy promotion board.”
active-duty list
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Emergency Authorities Under the NEA, Stafford Act, and PHSA

Citation
Description
Title 14—Coast Guard
14 U.S.C. § 104
Provides that legal changes lifting restrictions on the Navy “for the duration of a war or
Removing
national emergency proclaimed by the President,” including those regarding procurement
restrictions
and personnel, shal automatical y apply to the Coast Guard.
14 U.S.C. § 932
Al ows commissioned and warrant officers of the Coast Guard to perform al of the
Administration of
functions of a notary public “in time of war or national emergency.”
oaths
14 U.S.C. § 2125
Al ows the President, “in time of war, or of national emergency declared by the President or
Wartime temporary
Congress,” to suspend any section of this chapter with respect to the selection, promotion,
service promotions
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
Al ows the Secretary of the department under which the Coast Guard is operating to order
Recal to active duty
any regular officer of the Coast Guard on the retired list to active duty “in time of war or
during war or
national emergency.”
national emergency
14 U.S.C. § 2308
Al ows the Commandant to order any enlisted member of the Coast Guard on the retired
Recal to active duty
list to active duty “in times of war or national emergency.”
during war or
national emergency
14 U.S.C. § 2314
Al ows an enlisted member of the Coast Guard to be detained beyond the term of his
Detention beyond
enlistment “during a period of war or national emergency as proclaimed by the President,
term of enlistment
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
Requires that at least 20% of the aviation cadets procured in each fiscal year be qualified
Aviation cadets;
enlisted members of the Coast Guard, “except in time of war or national emergency.”
procurement
transfers
14 U.S.C. § 2779
Al ows the Secretary of the department under which the Coast Guard is operating to
Transportation to
provide transportation to and from work for persons employed by a private plant
and from certain
manufacturing material for the Coast Guard “during a war or during a national emergency
places of
declared by Congress or the President.”
employment
14 U.S.C. § 3735
Provides that the President may, if there is in effect a declaration of war or national
Authorized number
emergency at the end of any fiscal year, suspend any end-strength limitation prescribed by
of officers
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
Provides that the President may, if a declaration of war or national emergency is in effect at
Authorization of
the end of any fiscal year, suspend any end-strength limitation prescribed by law for any
personnel end
military or civilian component of the Coast Guard for a period not to exceed six months
strengths
after the end of the war or national emergency.
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Emergency Authorities Under the NEA, Stafford Act, and PHSA

Citation
Description
Title 15—Commerce and Trade
15 U.S.C. § 636
Provides for the deferral of the repayment of interest and principal on direct loans by the
Additional powers
Smal 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
Al ows Fort McHenry to be closed “in case of a national emergency” and to be used for
Closure in times of
military purposes “during the period of the emergency.”
national emergency
Title 17—Copyrights
17 U.S.C. § 710
If the Register of Copyrights determines that a national emergency declared by the President
Emergency Relief
“general y disrupts or suspends the ordinary functioning of the copyright system . . . the
Authority
Register may, on a temporary basis, tol , 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 authority was added by the
CARES Act and expires December 31, 2021.
Title 18—Crimes and Criminal Procedure
18 U.S.C. § 793
Establishes criminal penalties for gathering or transferring information regarding the national
Gathering,
defense for purposes of injuring the United States or giving advantage to a foreign nation,
transmitting or
including information related to a prohibited place “designated by the President by
losing defense
proclamation in time of war or in case of national emergency in which anything for the use
information
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
Provides criminal penalties for the destruction of war material, war premises, or war utilities
Destruction of war
“when the United States is at war, or in times of national emergency as declared by the
material, war
President or by the Congress.”
premises, or war
utilities
18 U.S.C. § 2154
Sets forth criminal penalties for the production of defective war material, war premises, or
Production of
war utilities “when the United States is at war, or in times of national emergency as declared
defective war
by the President or by the Congress,”
material, war
premises, or war
utilities
Congressional Research Service

12

Emergency Authorities Under the NEA, Stafford Act, and PHSA

Citation
Description
Title 19—Customs Duties
19 U.S.C. § 1318
Al ows the Secretary of the Treasury, “whenever the President shal by proclamation
Emergencies
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 to 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
Directs that Barro Colorado Island in Gatun Lake in the Canal Zone be left in its natural
Barro Colorado
state for scientific observation and investigation “except in the event of declared national
Island in Gatun
emergency.”
Lake by set aside
20 U.S.C. § 1087e
Permits the Department of Education to defer student loans during which the borrower is
Terms and condition
serving on active duty or performing qualifying National Guard duty “during a war or other
of loans
military operation or national emergency.”
20 U.S.C.
Authorizes the Secretary of Education to waive or modify statutory and regulatory
§ 1098bb
provisions applicable to student financial aid programs as the Secretary deems necessary “in
Waiver authority for
connection with a war or other military operation or national emergency” for the relief of
response to military
an affected individual.
contingencies and
national
emergencies
20 U.S.C.
Defines an “affected individual,” in U.S. Code chapter including provisions concerning the
§ 1098ee
Secretary of Education’s authority to waive certain requirements related to student financial
Definitions
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
Permits the Secretary of Transportation to waive vehicle weight limits on the portion of
Vehicle weight
Interstate Route 95 in Maine between Augusta and Bangor for the purpose of making bulk
limitations-
shipments of jet fuel to the air National Guard Base at the Bangor International Airport
Interstate System
“during a period of national emergency.”
Title 31—Money and Finance
31 U.S.C. § 3522
Extends the time for the armed forces to submit accounts to the Comptrol er General from
Making and
the usual 60 days to 90 days “during a war or national emergency and for 18 months after
submitting accounts
the war or emergency ends.”
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Emergency Authorities Under the NEA, Stafford Act, and PHSA

Citation
Description
Title 33—Navigation and Navigable Waters
33 U.S.C. § 854a-1 Provides that “[p]ersonnel of the National Oceanic and Atmospheric Administration shal be
Temporary
subject in like manner and to the same extent as personnel of the Navy to al laws
appointment or
authorizing temporary appointment or advancement of commissioned officers in time of war
advancement of
or national emergency” subject to the certain limitations.
commissioned
officers in time of
war or national
emergency
33 U.S.C. § 1902
States that provisions applying pol ution control standards derived from the MARPOL
Ships subject to
Protocol to warships, naval auxiliaries, and vessels owned by the United States, other than
preventive measures
submersibles, shal not apply “during time of war or a declared national emergency.”
33 U.S.C. § 2293
Authorizes the Secretary of the Army, “in the event of a declaration of war or a declaration
Reprogramming
by the President of a national emergency in accordance with the National Emergencies Act
during national
that requires or may require use of the Armed Forces,” to terminate or defer Army civil
emergencies
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
Lifts the prohibition on the ocean dumping of potential y infectious medical waste by public
Prohibition
vessels “during time of war or a declared national emergency.”
33 U.S.C. § 3030
Provides that the laws that pertain to the temporary appointment or advancement of
Temporary
commissioned officers “in time of war or national emergency” in the Navy shal also apply to
appointment or
officers of the National Oceanic and Atmospheric Administration, subject to a few
advancement of
limitations.
commissioned
officers in time of
war or national
emergency
33 U.S.C. § 3061
Authorizes the President, “whenever in his judgment a sufficient national emergency exists,”
Cooperation with
to transfer such vessels, equipment, stations, and commissioned officers of NOAA to a
and transfer to
military department “as he may deem in the best interests of the country.”
military
departments
Title 35—Patents
35 U.S.C. § 181
Provides that an order by the Commissioner of Patents that a patent or patent application
Secrecy of certain
be kept secret for national security reasons, which otherwise must be renewed each year,
invention and
shal remain in effect “during a time when the United States is at war” and for one year
withholding of
fol owing the cessation of hostilities and “during a national emergency declared by the
patent
President” and for six months thereafter.
Title 37—Pay and Allowances of the Uniformed Services
37 U.S.C. § 477
Provides that the exceptions to the prohibition on members of the uniformed services
Travel and
receiving more than one dislocation al owance a year “does not apply in time of national
transportation
emergency or in time of war.”
al owances:
dislocation
al owance
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14

Emergency Authorities Under the NEA, Stafford Act, and PHSA

Citation
Description
37 U.S.C. § 1009
Permits the President to provide for alternative pay adjustments if he considers the formula
Adjustments of
otherwise required by law to be inappropriate because of “national emergency or serious
monthly basic pay
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
Authorizes the Secretary of the Department of Veterans Affairs to prescribe rules for good
Power to make rules conduct by those receiving services in Department facilities “during a period of national
and regulations
emergency (other than a period of war or an emergency described in section 8111A of [title
38]).”
38 U.S.C. § 4303
Includes within the definition of “uniformed services” for purposes of entitlement to the
Definitions
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
Authorizes the Secretary of the Department of Veterans Affairs to provide hospital care,
Furnishing of health-
nursing home care, and medical services to members of the armed forces on active duty
care services to
“during and immediately fol owing a period of war, or a period of national emergency
members of the
declared by the President or the Congress that involves the use of the Armed Forces in
Armed Forces during armed conflict.”
a war or national
emergency
Title 40—Public Buildings, Property, and Works
40 U.S.C. § 545
Al ows the GSA to negotiate disposal and contracts for disposal of surplus property without
Procedure for
first seeking public bids “during the period of a national emergency declared by the President
disposal
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
Al ows the GSA to waive the procedures otherwise applicable to the disposal or acquisition
Waiver
of real property in urban areas “during any period of national emergency proclaimed by the
President.”
40 U.S.C. § 3147
Al ows the President to suspend the requirements of the Davis-Bacon Act mandating that
Suspension of this
laborers and mechanics on federal and DC construction and public works projects be paid
subchapter during a
prevailing wages “in the event of a national emergency.”
national emergency
40 U.S.C. § 8722
Excludes from the consultation procedures mandated for federal and DC agencies with the
Proposed Federal
National Capital Planning Commission for construction projects in DC “structures erected
and district
by the Department of Defense during wartime or national emergency within existing
developments and
military, naval, or Air Force reservations, except that the appropriate defense agency shal
projects
consult with the Commission as to any developments which material y affect traffic or
require coordinated planning of the surrounding area.”
Title 41—Public Contracts
41 U.S.C. § 1710
Provides that requirements for public-private competition prior to the conversion of an
Public-private
agency function to contractor performance do not apply “during war or during a period of
competition
national emergency declared by the President or Congress.”
required before
conversion to
contractor
performance
Congressional Research Service

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Emergency Authorities Under the NEA, Stafford Act, and PHSA

Citation
Description
41 U.S.C. § 3304
Authorizes executive agencies to use noncompetitive procurement procedures if “it is
Use of
necessary to award the contract to a particular source or sources in order (A) to maintain a
noncompetitive
facility, producer, manufacturer, or other supplier available for furnishing property or
procedures
services in case of a national emergency or to achieve industrial mobilization . . . .”
Title 42—The Public Health and Welfare
42 U.S.C. § 204
Establishes in the Public Health Service a Ready Reserve Corps for the purpose of securing a
Commissioned
reserve for duty in the Service “in time of public health or national emergency,” which is to
Corps and Ready
“be available and ready for involuntary cal s to active duty during national emergencies and
Corps
public health crises, similar to the uniformed service reserve personnel.”
42 U.S.C. § 204a
Defines “[u]rgent or emergency public health care need,” with reference to deployment of
Deployment
the Commissioned Corps of the Public Health Service, as “a health care need, as determined
readiness
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. § 211
Al ows commissioned officers in the Regular Corps of the Public Health Service to be
Promotion of
recommended for promotion to any higher grade in their category, including the director
commissioned
grade, whether or not a vacancy exists in such grade, “in time of war or of national
officers
emergency proclaimed by the President.”
42 U.S.C. § 300ff-
Authorizes the Secretary of HHS to waive requirements with respect to certain Human
83
Immunodeficiency Virus programs during an emergency or disaster declared by the
Public health
President pursuant to the NEA, among other authorities.
emergency
42 U.S.C. § 1320b-
Authorizes the Secretary of HHS to waive or modify certain requirements of Medicare,
5
Medicaid, the State Children’s Health Insurance Program, and the Health Insurance
Authority to waive
Portability and Accountability Act, related to certification or licensing of health care
requirements during
providers, sanctions related to physician referrals, deadlines and other penalties, in response
national
to an emergency declared by the President pursuant to the NEA, a Stafford Act emergency,
emergencies
or a public health emergency.
42 U.S.C. § 4625
Waives the requirement in the Uniform Relocation Assistance Act that a person displaced
Relocation planning,
from their dwel ing by a project of a federal agency or one undertaken with federal financial
assistance
assistance not be required to move until afforded a reasonable opportunity to relocate to a
coordination, and
comparable dwel ing in the case of “a national emergency declared by the President.”
advisory services
42 U.S.C. § 6212a
Permits the President to impose export licensing requirements or other restrictions on the
Oil exports, safety
export of crude oil from the United States for a period of not more than 1 year, if the
valve, and maritime
President declares a national emergency (among other reasons).
security
Title 43—Public Lands
43 U.S.C. § 155
States that the provisions of the Engle Act governing the use of the public lands of the
Withdrawal,
United States by the Department of Defense for defense purposes shal not apply “in time of
reservation, or
war or national emergency hereafter declared by the President or Congress.”
restriction of public
lands for defense
purposes; “public
lands” defined;
exception
Congressional Research Service

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Emergency Authorities Under the NEA, Stafford Act, and PHSA

Citation
Description
43 U.S.C. § 1341
Al ows the Secretary of the Interior to suspend leases on the outer Continental Shelf, on
Reservation of lands
the recommendation of the Secretary of Defense, “during a state of war or national
and rights
emergency declared by the Congress or the President of the United States after August 7,
1953.”
Title 46—Shipping
46 U.S.C. § 7507
Permits the Secretary of the department in which the Coast Guard is operating to extend a
Authority to extend
license or certificate of registry for not more than one year in response to a national
the duration of
emergency or natural disaster.
licenses, certificates
of registry, and
merchant mariner
documents
46 U.S.C. § 8103
Al ows the President to suspend the citizenship requirements that otherwise apply to the
Citizenship and
officers and seamen on documented vessels of the U.S. “during a proclaimed national
Navy Reserve
emergency.”
requirements
46 U.S.C. § 8301
Al ows the Secretary of the department in which the Coast Guard is operating to suspend
Minimum number
the requirements relating to the number of licensed individuals that vessels subject to
of licensed
inspection must have “during a national emergency proclaimed by the President.”
individuals
46 U.S.C. § 56102
"During war, or a national emergency declared by Presidential proclamation,” permission
Additional controls
from the Secretary of Transportation is required to transfer any control ing interest in any
during war or
vessel or related facility owned by a U.S. person to a noncitizen.
national emergency
46 U.S.C. § 56301
Authorizes the Secretary of Transportation to requisition or purchase any vessel or other
General authority
watercraft owned by citizens of the United States “whenever the President shal 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
Permits the Secretary of Transportation to terminate any charter of Department of
Termination of
Transportation vessels “whenever the President shal proclaim that the security of the
charter during
national defense makes it advisable, or during any national emergency declared by
national emergency
proclamation of the President.”
46 U.S.C. § 70051
Authorizes the Secretary of Transportation, “whenever the President by proclamation or
Regulation of
Executive order declares a national emergency to exist by reason of actual or threatened
anchorage and
war, insurrection, invasion, or disturbance or threatened disturbance of the in ternational
movement of vessels relations of the United States,” to adopt rules and regulations governing the anchorage and
during national
movement of al vessels, foreign and domestic, in the territorial waters of the United States
emergency
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 al vessels, harbors, ports, and waterfront facilities in the United
States against destruction, loss, or injury.
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Citation
Description
Title 47—Telecommunications
47 U.S.C. § 308
Al ows the Federal Communications Commission to waive the requirement of a formal
Requirements for
written application for construction permits and station licenses, and modifications and
license
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
Permits the President, "upon proclamation . . . that there exists war or a threat of war, or a
War powers of
state of public peril or disaster or other national emergency" to suspend or amend the rules
President
and regulations applicable to any or al 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
Gives the Administrator of the Transportation Security Administration the authority “during
Transportation
a national emergency” to coordinate al domestic transportation and oversee the
Security
transportation-related responsibilities of other nonmilitary federal departments and agencies
Administration
but states that this authority “shal not supersede” the authority of other federal
departments and agencies related to transportation.
49 U.S.C. § 47152
Provides that the United States, “during a national emergency declared by the President or
Terms of
Congress,” is entitled to use, control, or possess any part of a public airport that is on
conveyances
surplus property donated by the government.
49 U.S.C. § 5334
Provides that “[e]xcept for purposes of national defense or in the event of a national or
Administrative
regional emergency. . ., the Secretary [of Transportation] may not regulate the operation,
provisions
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
Authorizes any person designated by the President, “(1) at any time the President
Special Presidential
determines the release of such materials is required for purposes of the national defense or
disposal authority
(2) in time of war declared by the Congress or during a national emergency,” to use, sel , 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
Provides that the President’s authority under 50 US.C. §§ 1431-1435 to modify defense
Effective period
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.
50 U.S.C. § 1515
Authorizes the President to suspend the provisions of law governing the production,
Suspension;
transportation, location, testing, and disposal of lethal chemical and biological warfare agents
Presidential
“during the period of any war declared by Congress and during the period of any national
authorization
emergency declared by Congress or by the President.”
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Citation
Description
50 U.S.C. § 1701
Authorizes the President to exercise the extensive powers with respect to the property of,
Unusual and
and economic transactions with, a foreign country or entity granted by the International
extraordinary threat;
Emergency Economic Powers Act (IEEPA) “to deal with any unusual and extraordinary
declaration of
threat, which has its source in whole or substantial part outside the United States, to the
national emergency;
national security, foreign policy, or economy of the United States, if the President declares a
exercise of
national emergency with respect to such threat.”
Presidential
authorities
50 U.S.C. § 1702
Exempts from any economic embargo imposed under IEEPA donations of articles such as
Presidential
food, clothing, and medicine intended to relieve human suffering unless the President
authorities
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
Provides that foreign assets frozen pursuant to IEEPA may remain frozen beyond the date of
Saving provisions
the termination of the national emergency if necessary “on account of claims involving such
country or its nationals.”
50 U.S.C. § 3809
Provides that the statutory ceiling on the number of armed forces personnel who may be
Selective Service
assigned to the Selective Service System does not apply “during a time of war or a national
System
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
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
Claims to property
States require the sale of any property or interest or any part thereof claimed in any suit
transferred to
filed under this subsection and pending on or after October 22, 1962, the Alien Property
custodian; notice of
Custodian or any successor officer, or agency may sel such property or interest or part
claim; filing; return
thereof, in conformity with law applicable to sales of property by him, at any time prior to
of property; suits to
the entry of final judgment in such suit. No such sale shal be made until thirty days have
recover; sale of
passed after the publication of notice in the Federal Register of the intention to sell.”
claimed property in
time of war or
during national
emergency
50 U.S.C. § 4531
Provides that certain conditions that are prerequisite to the President’s exercise of the
Presidential
authority under Title III of the Defense Production Act (DPA) to provide guarantees for the
authorization for the financing of contracts or other operations deemed necessary for the “procurement of
national defense
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
Provides that certain presidential determinations that are prerequisite to making direct
Loans to private
federal loans under Title III of the DPA for the expansion of productive capacity and supply
business enterprises
for the national defense do not apply and that the aggregate ceiling of $50 mil ion on such
loans and certain other procedural requirements may be waived “during periods of national
emergency declared by the Congress or the President.”
50 U.S.C. § 4533
Provides that a number of conditions and prerequisites to the exercise of the authority
Other presidential
under Title III of the DPA to expand the productive capacity and supply of private industry
action authorized
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.
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The Stafford Act
The Robert T. Stafford Disaster Relief and Emergency Assistance Act,47 among other things,
establishes various authorities that the executive branch may exercise in an “emergency.”48 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.49
There are three situations in which a President may declare an “emergency” under the Stafford
Act.50 First, subject to certain conditions and prerequisites, a state’s51 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.52 Second, the chief executive of an
Indian tribe may ask the President to declare an “emergency” subject to similar conditions.53
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

47 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 Im plications for Congress, by Bruce R. Lindsay.
48 See, e.g., 42 U.S.C. § 5192.
49 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 See id. § 5191(a)-(c).
51 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).
52 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 execution 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 upon such
Governor’s request, the President may declare that an emergency exists.”).
53 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 consistent 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 Constitut ion 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 resident’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-emergency-
declaration.
55 See 42 U.S.C. § 5170.
56 See id. § 5122(2) (“‘Major disaster’ means any natural catastrophe (including any hurricane, tornado, storm, high
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of statutory authorities that partial y overlaps with the authorities available during an
“emergency.”57 As with “emergencies,” governors58 and chief executives of Indian tribes59 may
ask the President to declare a “major disaster” subject to certain conditions and prerequisites.
Unlike an “emergency” declaration, however, the President may not unilateral y declare a “major
disaster”; the President may declare a “major disaster” only in response to a request by a state or
Indian tribe.60
Methodology
Table 2 lists 94 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 al 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

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.”).
T he statutory definition of “major disaster” does not expressly include a public health incident, such as an outbreak of a
communicable disease. See id. § 5122(2); Lindsay & Lee, supra note 47. 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.
57 See generally, e.g., 42 U.S.C. §§ 5170-5189h.
58 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.”).
59 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).”).
60 See id. § 5170. See also Lindsay & Lee, supra note 47 (“T he state or territorial governor or tribal chief executive
must request a major disaster declaration.”).
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 the statute does not confer additional authority, but instead requires an executive
agency to provide notice to Congress or other agencies;61
 the statute does not confer additional authority on the executive branch but
instead provides an exception to general legal requirements for nongovernment
entities;62
 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;63
 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
wil lapse once that emergency or major disaster ends.64
Limitations
A search using the methodology described above was done on June 2, 2020. The search may not
have captured al relevant authorities currently in effect. For example, for purposes of
manageability, the methodology only captures statutes codified in the U.S. Code.65 Moreover, the
criteria used to identify statutes may have excluded some potential y relevant authorities that do
not expressly refer to a “major disaster” or “emergency” under the Stafford Act but nonetheless
have functional y served similar purposes.

61 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).
62 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 “major disaster” or “emergency”).
63 See, e.g., 42 U.S.C. § 5134 (directing the President to establish an interagency task force to coordinate the
implementation of pre-disaster hazard-mitigation programs administered by the federal government).
64 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. See, e.g., Pub. L. No. 116-136 § 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.
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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
Authorizes the Sergeant at Arms and Doorkeeper of the Senate, with the approval of the
Additional home
Committee on Rules and Administration of the Senate, to provide additional facilities,
State office space
services, equipment, and office space for use by a Senator in that Senator's State in
for Senators;
connection with a “major disaster” or “emergency.”
declaration of
disaster or
emergency
Title 5—Government Organization and Employees
5 U.S.C. § 6391
Authorizes the President to direct the Office of Personnel Management to establish an
Authority for leave
emergency leave transfer program under which employees of federal executive agencies may
transfer program in
donate unused annual leave for transfer to employees affected by a “major disaster” or
disasters and
“emergency.”
emergencies
Title 7—Agriculture
7 U.S.C. § 912a
Authorizes the Secretary of Agriculture to adjust and readjust the schedules for loans
Rescheduling and
extended under the Rural Electrification Act of 1936 and to extend the maturity of such
refinancing of loans
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
Authorizes the Commodity Credit Corporation to make available any farm commodity or
Commodity Credit
product to relieve distress related to a “major disaster.”
Corporation sales
price restrictions
7 U.S.C. § 1427a
Authorizes the Secretary of Agriculture to dispose of certain commodity reserves to relieve
Reserve inventories
distress caused by a “major disaster” or “emergency.”
for al eviation of
distress of natural
disaster
7 U.S.C. § 1942
Authorizes the Secretary of Agriculture to make direct loans for borrowers refinancing
Purposes of loans
certain debts who have suffered a qualifying loss because of a “major disaster” or
“emergency.”
7 U.S.C. § 1961
Authorizes the Secretary of Agriculture to make and insure certain loans to farmers,
Eligibility for loans
ranchers, and persons engaged in aquaculture whose operations have been substantial y
affected by a “major disaster” or “emergency.”
7 U.S.C. § 1963
Provides that loans under the relevant subchapter can be made or insured for crop or
Purpose and extent
livestock changes necessitated by a “major disaster” or “emergency.”
of loans
7 U.S.C. § 2008h
Authorizes the Secretary of Agriculture to make direct or guaranteed farm operating loans
Loan and loan
for paying the annual farm or ranch operating expenses of a borrower who received debt
servicing limitations
forgiveness on not more than one occasion resulting directly or primarily from a “major
disaster” or “emergency.”
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Citation
Description
7 U.S.C. § 7285
Authorizes the Secretary of Agriculture to make available any commodity or product owned
Commodity Credit
or control ed by the Commodity Credit Corporation for use in relieving distress in
Corporation sales
connection with a “major disaster,” notwithstanding otherwise applicable price restrictions.
price restrictions
Title 10—Armed Forces
10 U.S.C. § 123a
Authorizes the President, when a declaration of a “major disaster” or “emergency” is in
Suspension of end-
effect, to waive any statutory limit on the number of members of a reserve component who
strength and other
are authorized to be on active duty if he determines the waiver is necessary to provide
strength limitations
assistance in responding to the “major disaster” or “emergency.”
in time of war or
national emergency
10 U.S.C. § 2662
Provides that the congressional notice-and-wait provisions governing certain real property
Real property
transactions by the Secretary of a military department and by the General Services
transactions: reports
Administration (GSA) for the DOD do not apply, inter alia, if the transaction results from a
to congressional
“major disaster” or “emergency” declaration.
committees
10 U.S.C. § 12304a Authorizes the Secretary of Defense, when a governor requests assistance in responding to
Army reserve, navy
a “major disaster” or “emergency,” to order any unit, and any member not assigned to a
reserve, marine
unit organized to serve as a unit, of the Army Reserve, Navy Reserve, Marine Corps
corps reserve, and
Reserve, and Air Force Reserve to active duty for a continuous period of not more than 120
air force reserve:
days to respond to the governor's request.
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
Al ows the Secretary of Housing and Urban Development (HUD) to raise certain numerical
Insurance of
limitations related to federal mortgage insurance for low and moderate-income
mortgages
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
Among other things, authorizes the Secretary of HUD to insure specified mortgages when
Insurance of
the President has declared a “major disaster” and the mortgagor establishes that the disaster
mortgages
has destroyed or damaged his home.
12 U.S.C. § 1715l
Authorizes the Secretary of HUD to insure certain mortgages for persons displaced by a
Housing for
“major disaster.”
moderate income
and displaced
families
12 U.S.C. § 3352
Authorizes federal financial regulators to exempt specified transactions from certain legal
Emergency
requirements codified in the chapter of Title 12 pertaining to the Appraisal Subcommittee of
exceptions for
Federal Financial Institutions Examination Council if the President declares a “major
disaster areas
disaster.”
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Citation
Description
Title 14—Coast Guard
14 U.S.C. § 1109
Authorizes the Commandant of the Coast Guard to waive restrictions on the Coast Guard’s
Undefinitized
ability to enter into undefinitized contracts if such waiver is necessary to support an
contract actions
operation in response to a “major disaster” or “emergency.”
Title 15—Commerce and Trade
15 U.S.C. § 636
Authorizes the Smal Business Administration (SBA) to provide loans and other financial
Additional powers
assistance to smal businesses, individuals, and business development organizations in
connection with a “major disaster.”
15 U.S.C. § 636d
Authorizes the SBA and the Farmers Home Administration (which has been replaced by the
Disaster aid to
Office of Rural Development and the Farm Service Agency) to provide loans to any
major sources of
industrial, commercial, agricultural, or other enterprise that has constituted a “major source
employment
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
Authorizes the Administrator of the SBA to guarantee sureties against losses resulting from
Smal business
the breach of the terms of certain bonds in connection with procurements related to a
bonding threshold
“major disaster.”
15 U.S.C. § 648
Al ows the Administrator of the SBA to authorize a smal business development center to
Smal business
provide advice, information, and assistance to out-of-state smal business concerns located in
development center
areas for which the President has declared a major disaster.
program
authorization
15 U.S.C. § 657d
Authorizes the Administrator of the SBA to provide enhanced assistance to businesses that
Federal and State
apply for an award or a cooperative agreement under the Federal and State Technology
Technology
Partnership Program if the businesses are in an area affected by a “major disaster.”
Partnership Program
Title 16—Conservation
16 U.S.C. § 1536
Authorizes the President to make certain determinations that trigger exemptions from the
Interagency
Endangered Species Act in areas affected by a “major disaster.”
cooperation
Title 18—Crimes and Criminal Procedure
18 U.S.C. § 1040
Makes fraud involving benefits disbursed in connection with a “major disaster” or
Fraud in connection
“emergency” a criminal offense.
with major disaster

or emergency
benefits
18 U.S.C. § 1341
Makes mail fraud a criminal offense, and provides enhanced penalties for violations involving
Frauds and swindles benefits paid in connection with a “major disaster” or “emergency.”
18 U.S.C. § 1343
Makes wire fraud a criminal offense, and provides enhanced penalties for violations involving
Fraud by wire, radio,
benefits paid in connection with a “major disaster” or “emergency.”
or television
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Citation
Description
Title 20—Education
20 U.S.C. § 1091b
Among other things, authorizes the Secretary of Education to waive Federal Pel Grant
Institutional refunds
repayment and grant assistance repayment requirements for students in a disaster area after
the President has declared a “major disaster.”
20 U.S.C. § 1161l-
Authorizes the Secretary of Education to establish an Education Disaster and Emergency
3
Relief Loan Program for institutions of higher education impacted by a “major disaster” or
Education Disaster
“emergency.”
and Emergency
Relief Loan Program
Title 23—Highways
23 U.S.C. § 125
In certain circumstances, authorizes the Secretary of Transportation to expend emergency
Emergency relief
funds for the repair and reconstruction of highways in response to a “major disaster” or
“emergency.”
Title 29—Labor
29 U.S.C. § 3225
Authorizes the Secretary of Labor to award national dislocated worker grants to the
National dislocated
Governors of states to which a substantial number of workers have relocated from an area
worker grants
in which a “major disaster” or “emergency” has been declared.
Title 30—Mineral Lands and Mining
30 U.S.C. § 962
Provides that “any funds available to the Department of Labor” may be used, with the
Acceptance of
approval of the Secretary of Labor, to provide for the costs of mine rescue and survival
contributions and
operations in the event of a “major disaster.”
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
Title 33—Navigation and Navigable Waters
33 U.S.C. § 2267b
Authorizes the Secretary of the Army to carry out a watershed assessment upon the
Post-disaster
declaration of a “major disaster” and identify specific flood risk reduction, hurricane and
watershed
storm damage reduction, ecosystem restoration, or navigation project recommendations to
assessments
rehabilitate and improve the resiliency of damaged infrastructure and natural resources.
33 U.S.C. § 701n
Authorizes the Chief of Engineers of the Army Corps of Engineers, when otherwise
Emergency response
performing work on an area for which a Governor has requested an “emergency” or “major
to natural disasters
disaster” declaration, to perform emergency work which is essential for the preservation of
life and property for a period of ten days fol owing the Governor’s request.
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Citation
Description
Title 37—Pay and Allowances of the Uniformed Services
37 U.S.C. § 403
Authorizes the Secretary of Defense to prescribe a temporary increase in the rates of basic
Basic al owance for
al owance for military housing in areas covered by a declaration of a “major disaster.”
housing
Title 38—Veterans’ Benefits
38 U.S.C. § 1785
Authorizes the Secretary of Veterans Affairs to furnish hospital care and medical services to
Care and services
individuals responding to, involved in, or otherwise affected by a “major disaster” or
during certain
“emergency.”
disasters and
emergencies
38 U.S.C. § 3703
Authorizes the Secretary of Veterans Affairs to subordinate liens related to certain federal
Basic provisions
real estate loans to liens in favor of public entities that have provided or wil provide
relating to loan
assistance in response to a “major disaster.”
guaranty and
insurance
38 U.S.C. § 8111A
Authorizes the Secretary of Veterans Affairs to furnish hospital care and medical services to
Furnishing of health-
members of the armed forces on active duty responding to or involved in a “major disaster”
care services to
or “emergency.”
members of the
Armed Forces
during a war or
national emergency
Title 40—Public Buildings, Property, and Works
40 U.S.C. § 502
Authorizes the Administrator of the General Services Administration (GSA) to provide for
Services for other
the use by state or local governments of federal supply schedules of the GSA for goods or
entities
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
Raises certain limits on procurements of property or services by or for an executive agency
Special emergency
that the head of the agency determines are to be used in support of a “major disaster” or
procurement
“emergency.”
authority
41 U.S.C. § 2312
Authorizes the Director of the Office of Management and Budget to, upon request from an
Contingency
executive agency, deploy members of the Contingency Contracting Corps to respond to a
Contracting Corps
“major disaster” or “emergency.”
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Citation
Description
Title 42—The Public Health and Welfare
42 U.S.C. § 204a
Defines “[u]rgent or emergency public health care need,” with reference to deployment of
Deployment
the Commissioned Corps of the Public Health Service, as “a health care need, as determined
readiness
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. § 300ff-
Authorizes the Secretary of HHS to waive certain requirements with respect to certain
83
Human Immunodeficiency Virus programs to improve the health and safety of those
Public health
receiving care under that subchapter and the general public in an area for which the
emergency
President has declared a “major disaster” or “emergency.”
42 U.S.C. § 300hh-
Authorizes the President (acting through the Secretary of HHS), upon a determination that
14
certain harmful substances have been released in an area affected by a “major disaster” and
Protection of health
have disrupted the transportation system of the United States, to carry out a program for
and safety during
the coordination, protection, assessment, monitoring, and study of the health and safety of
disasters
individuals with high exposure levels to the relevant substances.
42 U.S.C. § 1320b-
Authorizes the Secretary of HHS to waive or modify temporarily the application of certain
5
Medicare, Medicaid, and State Children’s Health Insurance Program requirements involving
Authority to waive
healthcare items and services furnished by a healthcare provider in areas for which the
requirements during
President has declared a “major disaster” or “emergency.”
national
emergencies
42 U.S.C. § 3030
Authorizes the Assistant Secretary for Aging to provide reimbursements to states, upon
Disaster relief
application, for funds that they make available to area agencies on aging for the delivery of
reimbursements
supportive services and related supplies during a “major disaster.”
42 U.S.C. § 3149
In certain circumstances, authorizes the Secretary of Commerce to, upon application, make
Grants for economic
grants to develop public facilities, public services, business development (including funding of
adjustment
a revolving loan fund), planning, technical assistance, training, and any other assistance to
al eviate 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.”
42 U.S.C. § 3538
Authorizes the Secretary of HUD to refinance obligations upon finding that such refinancing
Rescheduling and
is necessary because of the loss, destruction, or damage of property or facilities securing
refinancing of
such obligations as a result of a “major disaster.”
federal loans
42 U.S.C. § 3539
Authorizes the Secretary of HUD to establish a fund, and to transfer money from HUD to
Housing and Urban
the fund, in such amounts as may be necessary to provide disaster assistance requested by
Development
the President under the Stafford Act.
Disaster Assistance
Fund
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Citation
Description
42 U.S.C. § 4057
Al ows the Administrator of the Federal Emergency Management Agency (FEMA), upon the
Alternative loss
declaration of a “major disaster” relating to a named storm in a coastal state, to use the
al ocation system for COASTAL Formula to pay for any flood loss covered under a standard insurance policy
national flood
under the national flood insurance program if the loss is indeterminate.
insurance claims
42 U.S.C. § 5133
Authorizes the President to provide certain financial assistance to states and local
Pre-disaster hazard
governments for pre-disaster hazard mitigation “only in States that have received a major
mitigation
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 assistance
to states and local governments for pre-disaster hazard mitigation.
42 U.S.C. § 5141
Al ows federal agencies to waive certain administrative conditions for federal assistance
Waiver of
programs after the President declares a “major disaster.”
administrative
conditions
42 U.S.C. § 5143
Requires or empowers the President to appoint certain state or federal appointing officers
Coordinating
after declaring a “major disaster” or “emergency.”
Officers
42 U.S.C. § 5152
Authorizes the President to use, with their consent, the personnel of the American National
Use and
Red Cross, the Salvation Army, the Mennonite Disaster Service, long-term recovery groups,
coordination of relief domestic hunger relief, and other relief or disaster-assistance organizations to provide relief
organizations
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
Authorizes the President to, at the request of the governor of an affected state, provide for
Availability of
a survey of construction materials needed in the area affected by a “major disaster” on an
materials
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
Authorizes the President to provide assistance, including grants, equipment, supplies, and
Fire management
personnel, to any State or local government for the mitigation, management, and control of
assistance
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
Authorizes the President, at the request of the governor of an affected state, to provide for
Availability of
a survey of construction materials needed in an area affected by a “major disaster” and to
materials
take appropriate action to assure the availability and fair distribution of needed materials.
42 U.S.C. § 5160
Provides that any person who intentional y causes a condition for which federal assistance is
Recovery of
provided under the relevant chapter of the U.S. Code or under any other federal law as a
assistance
result of a “major disaster” or “emergency” declaration shal 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
In certain circumstances, authorizes the President to lend or advance to states the portion
Advance of
of assistance for which they are responsible under the Stafford Act’s cost-sharing provisions.
nonfederal share
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Citation
Description
42 U.S.C. § 5165
Authorizes the President to increase the federal government’s contribution to hazard-
Mitigation planning
mitigation 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
General Federal
disaster,” including helping state and local governments distribute food and medicine and
assistance
directing federal agencies to use their authorities and resources to support state and local
assistance response and recovery efforts.
42 U.S.C. § 5170b
Authorizes federal agencies, at the President’s direction, to provide assistance essential to
Essential assistance
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
Authorizes the President to contribute up to 75% of the cost of hazard-mitigation measures
Hazard mitigation
which the President determines are cost effective and which substantial y 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 al ow federal agencies to repair or
Federal facilities
replace critical federal facilities damaged by a “major disaster” without specific authorizing
legislation, an appropriation, or congressional committee approval.
42 U.S.C. § 5172
Authorizes the President, subject to certain conditions, to contribute money to repair,
Repair, restoration,
restore, or replace certain state, local, and private nonprofit facilities damaged by a “major
and replacement of
disaster.”
damaged facilities
42 U.S.C. § 5173
Grants the President various powers to facilitate debris-removal efforts after a “major
Debris removal
disaster,” subject to specified limitations and conditions.
42 U.S.C. § 5174
Authorizes the President to provide various types of financial assistance to individuals and
Federal assistance
households adversely affected by a “major disaster,” including housing assistance and medical
to individuals and
expenses.
households
42 U.S.C. § 5174a
Authorizes the President, under specified circumstances, to waive certain debts that
Flexibility
individuals or households owe to the United States for assistance erroneously provided
under the Stafford Act.
42 U.S.C. § 5174b
Among other things, authorizes the President to waive application and filing fees for various
Critical document
critical documents for individuals and families adversely affected by a major disaster, such as
fee waiver
passports.
42 U.S.C. § 5177
Authorizes the President, subject to certain conditions and limitations, to provide benefits
Unemployment
and reemployment assistance to persons who are unemployed as a result of a “major
assistance
disaster.”
42 U.S.C. § 5177a
Authorizes the Secretary of Agriculture to make certain grants to public agencies or private
Emergency grants to organizations to assist low-income migrant and seasonal farmworkers adversely affected by
assist low-income
“a local, State, or national emergency or disaster.”
migrant and
seasonal
farmworkers
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Citation
Description
42 U.S.C. § 5179
Authorizes the President to confer certain benefit al otments and surplus commodities upon
Benefits and
low-income households who cannot purchase adequate amounts of nutritious food because
distribution
of a “major disaster.”
42 U.S.C. § 5183
Authorizes the President to provide professional counseling services to victims of “major
Crisis counseling
disasters.”
assistance and
training
42 U.S.C. § 5184
Authorizes the President, subject to various conditions, to loan money to local governments
Community disaster
adversely affected by a “major disaster.”
loans
42 U.S.C. § 5185
Authorizes the President to establish temporary communications systems during or in
Emergency
anticipation of an “emergency” or “major disaster” and make those systems available to
communications
state and local government officials.
42 U.S.C. § 5186
Authorizes the President to provide temporary public transportation services to areas
Emergency public
adversely affected by a “major disaster.”
transportation
42 U.S.C. § 5187
Authorizes the President to provide various forms of assistance to state and local
Fire management
governments—including grants, equipment, supplies, and personnel—to fight and control
assistance
fires that threaten destruction on the scale of a “major disaster.”
42 U.S.C. § 5188
Among other things, authorizes the Secretary of Agriculture and the Secretary of the
Timber sale
Interior to cancel timber sale contracts entered into by their Departments in certain
contracts
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
Authorizes the President to provide financial assistance or other services to state, local, and
Case management
private entities to identify and address unmet needs of victims of “major disasters.”
services
42 U.S.C. § 5189f
Authorizes the President, through the Administrator of FEMA, to approve certain projects
Public assistance
related to “major disasters” and “emergencies” under alternative, streamlined procedures.
program alternative
procedures
42 U.S.C. § 5192
Authorizes the President, subject to various limitations, to provide certain forms of
Federal emergency
assistance after declaring an “emergency.” Such assistance may include (but is not limited to)
assistance
helping state and local governments distribute food and medicine and providing the types of
individual and household assistance that 42 U.S.C. § 5174 al ows the President to provide
after declaring a “major disaster.”
42 U.S.C. § 5306
Authorizes the Secretary of HUD to make available to metropolitan cities and urban
Al ocation and
counties located or partial y located in the areas affected by a “major disaster” any amounts
distribution of funds that become available as a result of actions under section 5304(e) or 5311 of Title 42.
42 U.S.C. § 5321
Authorizes the Secretary of HUD to suspend certain requirements for certain community-
Suspension of
development funds in an area for which the President has declared a “major disaster.”
requirements for
disaster areas
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Citation
Description
42 U.S.C. § 5154a
Prohibits the use of federal flood disaster assistance to make payments for the repair,
Prohibited flood
replacement, or restoration of property if the recipient has received flood disaster
disaster assistance
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
State al otments
home energy assistance programs in geographical areas affected by a “major disaster” or
“emergency” upon determining that compliance with the requirements is impracticable.
42 U.S.C. § 9835
Authorizes the Secretary of HUD to increase funding for Head Start agencies located in
Al otment of funds
communities adversely affected by a “major disaster.”
42 U.S.C. § 11364a Authorizes the Secretary of HUD to make grants under the Emergency Solutions Grants
Availability of
program under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act to
amounts recaptured
states or local governments to address the needs of homeless individuals or families or
from appropriated
individuals or families at risk of homelessness in areas affected by a “major disaster,” and
funds
whose needs are not otherwise served or ful y met by existing federal disaster relief
programs.
42 U.S.C. § 12576
Authorizes the Corporation for National and Community Service to undertake activities to
Other special
involve programs that receive assistance under the national service laws in “major disaster”
assistance
relief efforts, and to support, nonprofit organizations and public agencies responding to the
needs of communities experiencing “major disasters.”
42 U.S.C.
Authorizes the Administrator of the FEMA to task the National Service Reserve Corps to
§ 12653h
assist in responding to a “major disaster” or “emergency.”
National Service
Reserve Corps
42 U.S.C. § 12750
Authorizes the Secretary of HUD to reduce the matching requirements for states and
Matching
localities that participate in the HOME Investment Partnerships Program and which are
requirements
located in an area for which the President has declared a “major disaster” during any p art of
the relevant fiscal year.
42 U.S.C. § 12840
Authorizes the Secretary of HUD to suspend certain statutory requirements connected to
Suspension of
affordable-housing funds designated to address damage in an area for which the President
requirements for
has declared a “major disaster.”
disaster areas
Title 49—Transportation
49 U.S.C. § 5103
Authorizes the Secretary of Transportation to waive compliance with federal standards
General regulatory
regarding the transportation of hazardous materials without notice and comment when the
authority
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
Authorizes the Secretary of Transportation, upon the declaration of a “major disaster,” to
Public transportation
make grants and enter into contracts and other agreements for (1) capital projects related
emergency relief
to the equipment and facilities of public transportation systems damaged by the disaster, and
program
(2) eligible operating costs of public transportation equipment and facilities in an area
directly affected by the disaster.
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Citation
Description
Title 51—National and Commercial Space Programs
51 U.S.C. § 20143
Authorizes the National Aeronautics and Space Administration to transfer amounts among
Ful cost
accounts for the immediate costs of recovering from damage caused by a “major disaster.”
appropriations
account structure
Source: Information compiled by CRS using Westlaw.
The Public Health Service Act
Section 319 of the PHSA, 42 U.S.C. § 247d, al ows the Secretary of Health and Human Services
(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. A
public health emergency lasts for 90 days or until the Secretary determines the emergency no
longer exists, and the public health emergency determination may be renewed. The Secretary
must notify Congress 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 al ows 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 al 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

66 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.
67 See BRENNAN CENTER FOR JUSTICE, supra note 29.
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 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

68 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.”).
69 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).
70 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, 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 healt h 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”).
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Limitations
A search using the methodology described above was done on June 2, 2020. The search may not
have captured al 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 potential y relevant authorities,
particularly when those statutes did not expressly refer to a “public health emergency” but
nonetheless have functional y 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
Grants the Attending Physician to Congress “the authority and responsibility for overseeing
Authority of
and coordinating the use of medical assets in response to a bioterrorism event and other
Attending
medical contingencies or public health emergencies occurring within the Capitol Buildings or
Physician in
the United States Capitol Grounds,” including “the authority to enact quarantine and to
response to
declare death.”
medical
contingencies or
public health
emergencies at
Capitol
Title 7—Agriculture
7 U.S.C. § 8401
Al ows the Secretary of Agriculture to provide exemptions from regulations of biological
Regulation of
agents or toxins “[u]pon request of the Secretary of Health and Human Services, after the
certain biological
granting by such Secretary of an exemption” under 42 U.S.C. § 262a(g)(3).
agents and toxins
Title 15—Commerce and Trade
15 U.S.C. § 2613
Al ows the Administrator of the Environmental Protection Agency to disclose information
Regulation of
exempt from disclosure under the Freedom of Information Act, 5 U.S.C. § 552(a), “in the
certain biological
event of an emergency to a treating or responding physician, nurse, agent of a poison control
agents and toxins
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 a gency, 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.
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Citation
Description
Title 16—Conservation
16 U.S.C. § 1855
Al ows the Secretary of Commerce to promulgate emergency regulations “[i]f the Secretary
Other
finds that an emergency exists or that interim measures are needed to reduce overfishing for
requirements and
any fishery.” Any emergency regulation “that responds to a public health emergency or an oil
authority
spil 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
Al ows the HHS Secretary to “determine[ ] that information on potential meaningful supply
Discontinuance or
disruptions of [a] device is needed during, or in advance of, a public health emergency” and,
interruption in the
upon such a determination, requires that the manufacturer of such a device shal “during, or in
production of
advance of, a public health emergency declared by the Secretary under section 319 of the
medical devices
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
Al ows the HHS Secretary to require registered drug manufacturers to report the amounts of
Registration of
drugs they have manufactured “at the time a public health emergency is declared by the
producers of drugs
Secretary under section 319 of the Public Health Service Act.”
or devices

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.
Al ows the HHS Secretary to “authorize the introduction into interstate commerce, during
§ 360bbb-3
the effective period of [an emergency declaration], of a drug, device, or biological product
Authorization for
intended for use in an actual or potential emergency.” Such declaration may be based on “a
medical products
determination by the Secretary that there is a public health emergency, or a significant
for use in
potential for a public health emergency, that affects, or has a significant potential to affect,
emergencies
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.
Authorizes the HHS Secretary to al ow “deviations from current good manufacturing practice
§ 360bbb-3a
requirements” for certain medical products when warranted by “a domestic, military, or
Emergency use of
public health emergency or material threat” as defined in 21 U.S.C. § 360bbb-3(b).
medical products
21 U.S.C.
Requires the HHS Secretary to issue guidance establishing a process for entities to request a
§ 360eee-1
waiver of certain product tracing requirements, “which the Secretary may grant if the
Requirements
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
Al ows the HHS Secretary, with the concurrence of the Attorney General, to designate
Definitions
geographic areas and control ed 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.
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Emergency Authorities Under the NEA, Stafford Act, and PHSA

Citation
Description
Title 29—Labor
29 U.S.C. § 1148
Al ows the Secretary of Labor to postpone certain deadlines under the Employee Retirement
Authority to
Income Security Act in circumstances including a public health emergency declared under
postpone certain
Section 319.
deadlines by
This provision was amended by the CARES Act on March 27, 2020, to include a public health
reason of
emergency as one of the circumstances that may justify postponement.
Presidential y
declared disaster
or terroristic or
military actions
Title 42—The Public Health and Welfare
42 U.S.C. § 204
Establishes a Ready Reserve Corps of the Public Health Service to “be available for backfil ing
Commissioned
critical positions left vacant during deployment of active duty Commissioned Corps members
Corps and Ready
during such emergencies, as wel as for deployment to respond to public health emergencies,
Reserve Corps
both foreign and domestic.”
This provision was amended by the CARES Act, enacted March 27, 2020.
42 U.S.C. § 204a
Defines “[u]rgent or emergency public health care need,” with reference to deployment of
Deployment
the Commissioned Corps of the Public Health Service, as “a health care need, as determined
readiness
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
Civil actions or
that an actual or potential bioterrorist incident or other actual or potential public health
proceedings
emergency makes advisable the administration of a covered countermeasure to a category or
against
categories of individuals.”
commissioned
This subsection is entitled “Administration of smal pox countermeasures by health
officers or
professionals” and appears intended to address public health emergencies related to smal pox.
employees
42 U.S.C. § 238m Al ows the HHS Secretary to enter into contracts with fiscal agents “to determine the
Use of fiscal
amounts payable to persons who, on behalf of the Public Health Service, furnish health
agents
services to individuals pursuant to” Section 319.
42 U.S.C. § 247b-
Authorizes the HHS Secretary to enter into contracts with certain “appropriately qualified
7
health professionals” providing for repayment of certain educational loans if “such health
Loan repayment
professionals agree to conduct prevention activities or preparedness and response activities,
program
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. § 247d-
Establishes an Infectious Diseases Rapid Response Reserve Fund, which may “be provided for
4a
an infectious disease emergency if the infectious disease emergency (1) is declared by the
Infectious Diseases Secretary of Health and Human Services under [Section 319] to be a public health emergency;
Rapid Response
or (2) as determined by the Secretary, has significant potential to imminently occur and
Reserve Fund
potential, on occurrence, to affect national security or the health and security of United States
citizens, domestical y or international y.”
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Emergency Authorities Under the NEA, Stafford Act, and PHSA

Citation
Description
42 U.S.C. § 247d-
Directs the HHS Secretary to establish “a stockpile or stockpiles of drugs, vaccines and other
6b
biological products, medical devices, and other supplies . . . to provide for and optimize the
Strategic National
emergency health security of the United States . . . in the event of a bioterrorist attack or
Stockpile and
other public health emergency.” Authorizes the Secretary to “deploy the stockpile at the
security
discretion of the Secretary to respond to an actual or potential public health emergency or
countermeasure
other situation in which deployment is necessary to protect the public health or safety.”
procurements
42 U.S.C. § 247d-
Provides that “if the Secretary makes a determination that a disease or other health condition
6d
or other threat to health constitutes a public health emergency, or that there is a credible risk
Targeted liability
that the disease, condition, or threat may in the future constitute such an emergency, the
protections for
Secretary may make a declaration, through publication in the Federal Register, recommending,
pandemic and
under conditions as the Secretary may specify, the manufacture, testing, development,
epidemic products
distribution, administration, or use of one or more covered countermeasures, and stating that
and security
subsection (a) is in effect with respect to the activities so recommended.” Subsection (a)
countermeasures
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. § 247d-
Al ows the HHS Secretary to “make awards of grants and cooperative agreements to
7a
appropriate public and nonprofit private health or educational entities . . . for the purpose of
Grants regarding
providing low-interest loans, partial scholarships, partial fel owships, revolving loan funds, or
training and
other cost-sharing forms of assistance for the education and training of individuals in any
education of
category of health professions for which there is a shortage that the Secretary determines
certain health
should be al eviated in order to prepare for or respond effectively to bioterrorism and other
professionals
public health emergencies.”
42 U.S.C. § 247d-
Authorizes the HHS Secretary to provide supplies, equipment, and services in place of
7c
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
Al ows the HHS Secretary to exempt temporarily a person from regulatory controls of
Enhanced control
certain biological agents and toxins “if the Secretary determines that such exemption is
of dangerous
necessary to provide for the timely participation of the person in a response to a domestic or
biological agents
foreign public health emergency (whether determined under [Section 319] or otherwise) that
and toxins
involves a listed agent or toxin.”
42 U.S.C. § 289c
Authorizes the HHS Secretary to “determine[ ], after consultation with the Director of [the
Research on public
National Institutes of Health], the Commissioner of the Food and Drug Administration, or the
health
Director of the Centers for Disease Control and Prevention, that a disease or disorder
emergencies
constitutes a public health emergency,” and, upon such a determination, directs the Secretary
to take certain steps to support research and al ows 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. § 300d-
Al ows the HHS to waive accreditation requirements for “a poison control center whose
73
accreditation is affected by a public health emergency declared pursuant to” Section 319.
Maintenance of
the poison control
center grant
program
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Emergency Authorities Under the NEA, Stafford Act, and PHSA

Citation
Description
42 U.S.C. § 300j-
Authorizes the Administrator of the Environmental Protection Agency to provide technical
1
assistance and grants “to assist in responding to and al eviating any emergency situation
Research,
affecting public water systems . . . which the Administrator determines to present substantial
technical
danger to the public health.”
assistance,
information,
training of
personnel
42 U.S.C. § 300x-
Al ows the HHS Secretary to “grant an extension, or waive application deadlines or
67
compliance with any other requirement” applicable to certain grants related to mental health
Public health
and substance abuse “[i]n the case of a public health emergency (as determined under
emergencies
[Section 319]).”
42 U.S.C. § 300ff-
Al ows the HHS Secretary, during “a public health emergency declared by the Secretary
83
pursuant to” Section 319, to waive requirements with respect to certain Human
Public health
Immunodeficiency Virus programs “to improve the health and safety of those receiving care
emergency
under this subchapter and the general public.”
42 U.S.C. § 300ff-
Al ows the HHS Secretary to suspend infectious disease notification and reporting
138
requirements if “the Secretary determines that, whol y or partial y as a result of a public
Miscel aneous
health emergency that has been determined pursuant to [Section 319], individuals or public or
provisions
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.
Authorizes the HHS Secretary to activate the National Disaster Medical System to “provide
§ 300hh-11
health services, health-related social services, other appropriate human services, and
National Disaster
appropriate auxiliary services to respond to the needs of victims of a public health emergency,
Medical System
including at-risk individuals as applicable (whether or not determined to be a public health
emergency under [Section 319]).”
42 U.S.C.
Authorizes the HHS Secretary to “activate and deploy wil ing members” of a Medical Reserve
§ 300hh-15
Corps “to areas of need, taking into consideration the public health and medical expertise
Volunteer Medical
required, with the concurrence of the State, local, or tribal officials from the area where the
Reserve Corps
members reside” during “a public health emergency.”
42 U.S.C.
Al ows the HHS Secretary to waive numerous requirements in areas including licensing of
§ 1320b-5
health care professionals, program participation, transfer of patients, and more, when there
Authority to waive
exists both an emergency or disaster declared by the President under the Stafford Act and a
requirements
public health emergency declared by the Secretary under Section 319.
during national
This provision was amended by the Families First Coronavirus Response Act, enacted March
emergencies
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.”
42 U.S.C.
Al ows the HHS Secretary to use an alternative method to calculate the amount payable for a
§ 1395w-3a
drug or biological under Medicare Part B when there is “a public health emergency under
Use of average
[Section 319] in which there is a documented inability to access drugs and biologicals, and a
sales price
concomitant increase in the price, of a drug or biological which is not reflected in th e
payment
manufacturer's average sales price for one or more quarters.”
methodology
42 U.S.C. § 5403
Subject to certain requirements, al ows the HHS Secretary to issue an order related to
Construction and
manufactured home construction and safety standards without fol owing certain statutory
safety standards
procedures “in order to respond to an emergency that jeopardizes the public health or
safety.”
Source: Information compiled by CRS using Westlaw.
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Emergency Authorities Under the NEA, Stafford Act, and PHSA

Author Information

Jennifer K. Elsea, Coordinator
Kevin M. Lewis
Legislative Attorney
Legislative Attorney

Jay B. Sykes
Bryan L. Adkins
Legislative Attorney
Legislative Attorney

Joanna R. Lampe

Legislative Attorney

Disclaimer
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under the direction of Congress. Information in a CRS Report should n ot 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
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