Stafford Act Assistance for Public Health Incidents

Stafford Act Assistance for Public Health Incidents

INSIGHTi

Stafford Act Assistance for Public Health
Incidents
Updated March 15, 2024
This Insight provides an overview and examples 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 including contagious diseases and water contamination. Such
declarations have increased in recent years.
Overview
The Stafford Act authorizes the President to issue two types of declarations that could provide federal
assistance to jurisdictions in response to a public health incident: an “emergency declaration” or a “major
disaster declaration.”
Emergency Declarations
An emergency is defined broadly, and arguably includes public health incidents. The Stafford Act defines
an emergency as

Emergency declarations may be issued upon detecting a threat (for example, before a hurricane makes
landfall) to assist local and state, tribal, or territorial response efforts. The Stafford Act is not to supplant
Congressional Research Service
https://crsreports.congress.gov
IN11229
CRS INSIGHT
Prepared for Members and
Committees of Congress

Congressional Research Service
2
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 PA for debris
removal and emergency protective measures undertaken to reduce an immediate threat to life, public
health, or safety (e.g., emergency medical care, hazard communication, and provision of necessities). In
rare cases, Individual Assistance (IA) for survivors responding to post-disaster needs may also be
available. Emergency declarations do not authorize hazard mitigation assistance designed to reduce the
losses from future disasters.
Major Disaster Declarations
Major disaster declarations authorize a wider range of federal assistance than emergency declarations. A
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 infectious
diseases or contamination incidents. Under current law, public health incidents had only received
emergency declarations until 2020. That year, all 50 states, five territories, three tribes, and the District of
Columbia received major disaster declarations for the COVID-19 pandemic.
Major Disaster Declaration Assistance
In addition to the assistance available through an emergency declaration, major disaster declarations may
authorize assistance for structural repair that may not be relevant for public health incidents. Major
disaster declarations may also authorize several forms of IA and hazard mitigation assistance.
Presidential Declarations for Public Health Incidents
Since the 1960s, emergencies and disasters have been declared sporadically for public health incidents.
These types of declarations have become more common in recent years. Historical examples include
major disaster declarations for the 1962 chlorine barge accident in Louisiana and Mississippi and

Congressional Research Service
3
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, the 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.
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 reimbursement of mosquito abatement eligible under the PA program.
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 to provide potable
water, water filtration equipment, testing kits, and other related items.
COVID-19 Pandemic: Nationwide
President Trump issued an unprecedented nationwide Stafford Act emergency declaration on March 13,
2020 under Stafford Act 501(b) for the COVID-19 pandemic. Subsequently, President Trump issued the
Stafford Act major disaster declarations for the pandemic – the first Stafford Act major disaster
declarations for an infectious disease. Fifty states, five territories, the District of Columbia, and three
tribes received major disaster declarations authorizing PA for emergency protective measures including
assistance for vaccination and emergency medical care, certain forms of IA, and hazard mitigation
assistance.
Health Impact From Sargassum Seagrass Influx: US Virgin Islands
President Biden declared an emergency in the U.S. Virgin Islands for “a water shortage and health impact
from unprecedented sargassum seagrass influx” (July 25, 2022). The declaration provided PA for
emergency protective measures for 90 days, which was subsequently extended. Publicly available data
reflect assistance provided for sargassum disposal, management, and federal operational support.
Water Crisis: Mississippi
President Biden declared an emergency in Mississippi for “a water crisis” (August 30, 2022), providing
time-limited PA for 90 days (which was later extended). Publicly available data reflect PA funding
provided for drinking water and management costs and federal testing of water supplies, among others.

Congressional Research Service
4

Seawater Intrusion: Louisiana
President Biden declared an emergency in Louisiana for seawater intrusion (September 27, 2023),
authorizing PA for emergency protective measures “limited to temporary measures that address reduced
water treatment capability” for 90 days (which was subsequently extended by 45 days).
Lead and Copper in the Water Supply: U.S. Virgin Islands
President Biden declared an emergency for “elevated levels of lead and copper in the water supply”
(November 18, 2023), authorizing PA for emergency protective measures “to provide water, other
necessary related items such as filters and testing, and technical assistance” for 90 days.
For More Information
CRS Report R47048, FEMA’s Role in the COVID-19 Federal Pandemic Response
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
CRS In Focus IF11302, Controlling Lead in Public Drinking Water Supplies
CRS Podcast WPD00069, Science and Technology Podcast: Saltwater Intrusion in the Lower Mississippi
River

Author Information

Erica A. Lee
Bruce R. Lindsay
Specialist 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 6 · UPDATED