INSIGHTi

Stafford Act Assistance for Public Health
Incidents
Updated March 22, 2021
This Insight provides a brief overview of presidential declarations under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (hereinafter the Stafford Act—42 U.S.C. §5121 et seq.) in response
to public health incidents. It also provides examples of previously issued Stafford Act declarations that
address public health hazards, including the unprecedented declarations for the coronavirus disease 2019
(COVID-19) pandemic.
Overview
The Stafford Act authorizes the President to issue two types of declarations that could provide federal
assistance to states and localities in response to a public health incident: an “emergency declaration” or a
“major disaster declaration.”
Emergency Declarations
An emergency is defined broadly, and arguably may include public health incidents. The Stafford Act
defines an emergency as

Emergency declarations can be issued before an incident when a threat is detected (for example, before a
hurricane makes landfall) to supplement and coordinate local and state, tribal, or territorial response
Congressional Research Service
https://crsreports.congress.gov
IN11229
CRS INSIGHT
Prepared for Members and
Committees of Congress

---

Congressional Research Service
2
efforts. As traditionally implemented, however, the Stafford Act does not supplant or supersede other
federal authorities directed at public health incidents, such as those exercised by the Secretary of Health
and Human Services.
Emergency Declaration Assistance
Emergency declarations typically authorize Public Assistance (PA), which supplements the ability of a
state, territory, or tribe to respond to an incident. Emergency declarations may authorize two forms of PA:
debris removal and emergency protective measures. Most assistance for public health incidents has been
delivered through emergency protective measures undertaken to reduce an immediate threat to life, public
health, or safety, including emergency shelter and medicine, hazard communication, and provision and
distribution of necessities. Individual Assistance (IA), which helps families and individuals respond to
post-disaster needs, may also be made available through an emergency declaration. Emergency
declarations do not authorize hazard mitigation assistance for projects that may reduce the loss of life and
property from future disasters.
Major Disaster Declarations
Compared to emergency declarations, major disaster declarations authorize a wider range of federal
assistance. The state or territorial governor or tribal chief executive must request a major disaster
declaration. The Stafford Act defines a major disaster as

The list of events that explicitly qualify for a major disaster declaration does not include outbreaks of
infectious diseases. Under current law, a major disaster declaration has only been authorized in response
to a public health incident in the case of the COVID-19 pandemic.
Major Disaster Declaration Assistance
In addition to the assistance authorized by an emergency declaration, major disaster declarations may
authorize assistance for structural repair that may not be relevant for an infectious disease response. Major
disaster declarations may also authorize several forms of IA; and hazard mitigation assistance through the
Hazard Mitigation Grant Program (HMGP) for projects that may reduce the loss of life and property from
future disasters.

---

Congressional Research Service
3
Presidential Declarations for Public Health Incidents
Since the 1960s, emergencies and disasters have been declared sporadically for public health incidents.
Examples include major disaster declarations for the 1962 Louisiana and Mississippi chlorine barge
accident, and emergency declarations for the evacuations of the New York Love Canal Chemical site in
1978 and 1980. These declarations were made under the authority of the Disaster Relief Act, federal
disaster assistance legislation that preceded the Stafford Act and defined a major disaster more broadly.
The Stafford Act in 1988 superseded the Disaster Relief Act and narrowed the definition of a major
disaster. Under current law, public health incidents had only received emergency declarations until the
COVID-19 pandemic.
Below are examples of Stafford Act declarations for public health incidents.
West Nile Virus: New York and New Jersey
President Clinton issued emergency declarations for New York and New Jersey to supplement state efforts
to address the threat of the West Nile virus, a mosquito-borne virus (October 11 and November 1, 2000).
The assistance included state reimbursement of mosquito abatement eligible under the PA program. These
are the only instances of a Stafford Act declaration in response to an infectious disease incident.
Chemical Spill: West Virginia
President Obama issued an emergency declaration for a chemical spill in West Virginia (January 10,
2014). The declaration helped deliver potable water and provided technical assistance to the state’s
emergency management staff.
Water Contamination: Flint, Michigan
President Obama issued an emergency declaration for the state of Michigan for the Flint water
contamination incident (January 16, 2016). The declaration authorized assistance for water, water
filtration equipment, testing kits, and other related items.
COVID-19 Pandemic: Nationwide
President Trump issued an unprecedented unilateral, nationwide Stafford Act emergency declaration on
March 13, 2020 under Stafford Act 501(b) for the COVID-19 pandemic. Subsequently, President Trump
issued the first Stafford Act major disaster declarations for an infectious disease event for the pandemic.
As of March 22, 2021, fifty states, five territories, the District of Columbia, and two tribes have major
disaster declarations authorizing PA for emergency protective measures, including assistance for
vaccination, emergency medical care, noncongregate sheltering, the purchase and distribution of food,
and the costs of mobilizing the National Guard.
For More Information
CRS Report R46219, Overview of U.S. Domestic Response to Coronavirus Disease 2019 (COVID-19)
CRS In Focus IF11421, COVID-19: Global Implications and Responses
CRS Report R43784, FEMA’s Disaster Declaration Process: A Primer
CRS Report R41981, Congressional Primer on Responding to and Recovering from Major Disasters and
Emergencies

---

Congressional Research Service
4


Author Information

Erica A. Lee
Bruce R. Lindsay
Analyst in Emergency Management and Disaster
Specialist in American National Government
Recovery





Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff
to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of
Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of
information that has been provided by CRS to Members of Congress in connection with CRS’s institutional role.
CRS Reports, as a work of the United States Government, are not subject to copyright protection in the United
States. Any CRS Report may be reproduced and distributed in its entirety without permission from CRS. However,
as a CRS Report may include copyrighted images or material from a third party, you may need to obtain the
permission of the copyright holder if you wish to copy or otherwise use copyrighted material.

IN11229 · VERSION 4 · UPDATED

---