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However, Section 501(b) of the Stafford Act allows the president to declare an emergency without a request from the governor of the affected state when the primary responsibility for the emergency rests with the federal government. Emergency and catastrophic disaster declarations typically require a governor’s request, based on well-documented and verified cost estimates via preliminary damage assessments. These programs are funded by the Disaster Relief Fund (DRF) which is currently funded at $42 billion. Stafford Act declarations can take several forms, each involving various procedures, types and amounts of assistance. This generally enables FEMA to operate as a vehicle to deliver virus response funds to state and local governments.ĭeclarations under the Stafford Act are typically associated with natural disasters, but they can also be used for health emergencies such as the COVID-19 outbreak. Section 501(b) of the Stafford Act allows the federal government to declare an emergency without a governor’s request and makes available only certain subsets of FEMA recovery funds. On March 13, the president declared an emergency for COVID-19 under Section 501(b) of the Stafford Act, pledging $50 billion in unspecified aid in the ongoing COVID-19 response efforts. Additionally, the Defense Production Act allows the President broad authorities to compel domestic industry production for the sake of national defense, including emergency activities under the Stafford Act. As of March 13, emergencies have been declared under all three acts. These include the Stafford Act, Public Health Service Act and National Emergencies Act. There are three sources of statutory authority for the federal government to issue an emergency declaration, each associated with varying procedures, resources and funding. Emergency Declarations: Stafford Act, Public Health Service Act and National Emergencies Act These developments will bolster efforts already underway by governors, mayors, county officials, state legislatures and others in state and local government nationwide who have stepped up to mitigate the spread. The declaration comes as part of a broader effort to bolster the economy and contain the virus as it continues to quarantine workers and consumers, ground flights, close factories and schools, ban public events, disrupt supply chains, impact the stock market and cause other fallout. These actions have varying implications but collectively allow the federal government to deliver virus response funds and other assistance to state and local governments in an effort to reduce the spread of the virus and protect the economy against its mounting impact. On March 19, Trump named the Federal Emergency Management Agency (FEMA) as the lead agency in the COVID-19 emergency response efforts, a designation previously held by the Department of Health and Human Services (HHS). 31, issued two national emergency declarations under both the Stafford Act and the National Emergencies Act (NEA) on March 13, and invoked emergency powers via Executive Order under the Defense Production Act on March 18. Trump declared a public health emergency under the Public Health Service Act on Jan.
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To date, President Donald Trump has activated emergency powers under four separate statutes for the COVID-19 response.
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Research, Editorial, Legal and Committee Staff.Legislative Staff Coordinating Committee.Institute for International Cooperation.