Key Focus

  • Depending on the type of emergency declared, and the scope of authority granted to the state official making the emergency declaration, the actions and authorities engaged by a state emergency declaration can include:
    Activation of state emergency response plans and mutual aid agreements.
    Activation of state emergency operations center and incident command system (ICS).
    Authority to expend funds and deploy personnel, equipment, supplies, and stockpiles.
    Activation of statutory immunities and liability protections for those involved in response activities.
    Suspension and waiver of rules and regulations (and statutes, if allowed).
    Streamlining of state administrative procedures such as procurement requirements.
    Federal Emergency Declarations and Authorities
    As with the states, federal law imbues designated federal officials with broad powers that allow them to respond to and assist states and localities in responding to emergencies even without a federal emergency declaration
  • Some of these federal authorities relevant to the public health context include:
    President.Stafford Act and the Act Section 319 and Social Security Act Section 1135.
    Actions and Authorities Triggered by Federal Emergency Declarations
    Federal emergency declarations activate legal and programmatic responses from federal agencies including:
    Activating federal assistance to states in the form of financial, personnel, services, logistical, and technical assistance.
    Triggering emergency provisions in other laws including Social Security Act Section 1135 waivers and statutory immunities and liability protections, such as the Public Readiness and Emergency Preparedness Act (PREP Act).
    Easing regulatory requirements on individuals, organizations, and state and local governments.
    Activating the and other emergency response protocols and systems.
    Implications of State and Federal Emergency Declarations and Authorities
    An emergency declaration can change the legal and operational landscape in which governments, private organizations, and the public operate during an emergency
  • Understanding the scope of state and federal emergency authorities and how they interact is an important part of preparing for and responding to public health emergencies.
    (Download a printable Without an Emergency Declaration
    State officials have existing broad powers to address emergency situations by virtue of the statutory authorities granted to their positions without formally declaring a state of emergency
  • Emergency Declarations and Authorities
    Fact Sheet
    When a government declares a state of emergency.or does not make such a declaration.this decision determines the legal and operational resources available to respond to an emergency and has implications for governments, the private sector, and the public


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High Level Topics

  • FEDERAL
  • AUTHORITIES
  • HEALTH
  • DECLARATIONS
  • High Level Abstractions

  • FEDERAL(5, 1th Order)
  • ( FEDERAL )(5, 1th Order)  top
  • ( FEDERAL, AUTHORITIES )(4, 2st Order)  top
  • ( FEDERAL, DECLARATIONS )(1, 2st Order)  top
  • ( FEDERAL, GOVERNMENTS )(2, 2st Order)  top
  • ( FEDERAL, SOCIAL_SECURITY_ACT_SECTION )(1, 2st Order)  top
  • ( FEDERAL, REGULATORY )(1, 2st Order)  top
  • ( FEDERAL, LIABILITY )(2, 2st Order)  top
  • ( FEDERAL, IMMUNITIES )(2, 2st Order)  top
  • ( FEDERAL, HEALTH )(2, 2st Order)  top
  • ( FEDERAL, FEDERAL_EMERGENCY_DECLARATIONS )(1, 2st Order)  top
  • ( FEDERAL, EMERGENCY_DECLARATIONS )(1, 2st Order)  top
  • ( FEDERAL, WAIVERS )(1, 2st Order)  top
  • ( FEDERAL, WAIVER )(1, 2st Order)  top
  • AUTHORITIES(8, 1th Order)
  • ( AUTHORITIES )(8, 1th Order)  top
  • ( AUTHORITIES, HEALTH )(3, 2st Order)  top
  • ( AUTHORITIES, GOVERNMENTS )(4, 2st Order)  top
  • ( AUTHORITIES, SOCIAL_SECURITY_ACT_SECTION )(1, 2st Order)  top
  • ( AUTHORITIES, LOCALITIES )(1, 2st Order)  top
  • ( AUTHORITIES, LIABILITY )(2, 2st Order)  top
  • ( AUTHORITIES, IMMUNITIES )(2, 2st Order)  top
  • ( AUTHORITIES, FEDERAL_EMERGENCY_DECLARATIONS )(1, 2st Order)  top
  • ( AUTHORITIES, EXECUTIVE )(2, 2st Order)  top
  • ( AUTHORITIES, EMERGENCY_DECLARATIONS )(1, 2st Order)  top
  • ( AUTHORITIES, AUTHORITIES_TRIGGERED )(2, 2st Order)  top
  • ( AUTHORITIES, WAIVERS )(1, 2st Order)  top
  • HEALTH(5, 1th Order)
  • ( HEALTH )(5, 1th Order)  top
  • ( HEALTH, SOCIAL_SECURITY_ACT_SECTION )(1, 2st Order)  top
  • ( HEALTH, GOVERNOR )(1, 2st Order)  top
  • ( HEALTH, GOVERNMENTS )(1, 2st Order)  top
  • ( HEALTH, FEDERAL_EMERGENCY_DECLARATIONS )(1, 2st Order)  top
  • ( HEALTH, WAIVERS )(1, 2st Order)  top
  • ( HEALTH, SERVICES )(1, 2st Order)  top
  • ( HEALTH, SECURITY )(1, 2st Order)  top
  • ( HEALTH, REGULATORY )(1, 2st Order)  top
  • ( HEALTH, PUBLIC_READINESS )(1, 2st Order)  top
  • ( HEALTH, PRINTABLE )(1, 2st Order)  top
  • DECLARATIONS(1, 1th Order)
  • ( DECLARATIONS )(1, 1th Order)  top
  • References

    • ( FEDERAL )  top
    • ( FEDERAL, AUTHORITIES )  top
    • (Read more)   topEmergency Declarations and Authorities
      Fact Sheet

      Overview
      When a government declares a state of emergency.or does not make such a declaration.this decision determines the legal and operational resources available to respond to an emergency...
    • (Read more)   top Understanding the scope of state and federal emergency authorities and how they interact is an important part of preparing for and responding to public health emergencies.
      (Download a printable Without an Emergency Declaration
      State officials have existing broad...
    • (Read more)   top Depending on the type of emergency declared, and the scope of authority granted to the state official making the emergency declaration, the actions and authorities engaged by a state emergency declaration can include:
      Activation of state emergency response plans and mutual aid agreements.
      Activation of state emergency operations center and incident command...
    • (Read more)   top Some of these federal authorities relevant to the public health context include:
      President.Stafford Act and the Act Section 319 and Social Security Act Section 1135.
      Actions and Authorities Triggered by Federal Emergency Declarations
      Federal...
    • ( FEDERAL, DECLARATIONS )  top
    • (Read more)   top
      Federal emergency declarations activate legal and programmatic responses from federal agencies including:
      Activating federal assistance to states in the form of financial, personnel, services, logistical, and technical assistance.
      Triggering...
    • ( FEDERAL, GOVERNMENTS )  top
    • (Read more)   top ... government declares a state of emergency.or does not make such a declaration.this decision determines the legal and operational resources available to respond to an emergency and has implications for governments, the private sector, and the public. Understanding the scope of state and federal emergency authorities and how they interact is an important part of preparing for and responding to public health emergencies.
      (Download...
    • (Read more)   top
      Easing regulatory requirements on individuals, organizations, and state and local governments.
      Activating
      the and other emergency response protocols and systems.
      Implications of State and Federal Emergency Declarations and Authorities
      An emergency declaration can change the legal and operational landscape...
    • ( FEDERAL, SOCIAL_SECURITY_ACT_SECTION )  top
    • (Read more)   top.Stafford Act and the Act Section 319 and Social Security Act Section 1135.
      Actions and Authorities Triggered by Federal Emergency Declarations
      Federal emergency declarations activate legal and programmatic responses from federal agencies including:
      Activating...
    • ( FEDERAL, REGULATORY )  top
    • (Read more)   top
      Easing regulatory requirements on individuals, organizations, and state and local governments.
      Activating the and other emergency response protocols and systems.
      Implications of State and Federal Emergency Declarations...
    • ( FEDERAL, LIABILITY )  top
    • (Read more)   top
      Activation of statutory immunities and liability protections for those involved in response activities.
      Suspension and waiver of rules and regulations (and statutes, if allowed).
      Streamlining of state administrative procedures such as procurement...
    • (Read more)   top
      Triggering emergency provisions in other laws including Social Security Act Section 1135 waivers and statutory immunities and liability protections, such as the Public Readiness and Emergency Preparedness Act (PREP Act).
      Easing regulatory requirements on individuals, organizations, and state and local governments.
      Activating the...
    • ( FEDERAL, IMMUNITIES )  top
    • (Read more)   top
      Activation of statutory immunities and liability protections for those involved in response activities.
      Suspension and waiver of rules and regulations (and statutes, if allowed).
      Streamlining of state administrative procedures such...
    • (Read more)   top
      Triggering emergency provisions in other laws including Social Security Act Section 1135 waivers and statutory immunities and liability protections, such as the Public Readiness and Emergency Preparedness Act (PREP Act).
      Easing regulatory requirements on individuals, organizations, and state and local governments.
      Activating...
    • ( FEDERAL, HEALTH )  top
    • (Read more)   top Understanding the scope of state and federal emergency authorities and how they interact is an important part of preparing for and responding to public health emergencies.
      (Download a printable Without an Emergency Declaration
      State officials have existing broad powers to address emergency situations by virtue of the statutory authorities granted to...
    • (Read more)   top Some of these federal authorities relevant to the public health context include:
      President.Stafford Act and the Act Section 319 and Social Security Act Section 1135.
      Actions and Authorities Triggered by Federal Emergency Declarations
      Federal emergency...
    • ( FEDERAL, FEDERAL_EMERGENCY_DECLARATIONS )  top
    • (Read more)   top
      Actions and Authorities Triggered by Federal Emergency Declarations
      Federal
      emergency declarations activate legal and programmatic responses from federal agencies including:
      Activating federal assistance to states in the form of financial, personnel, services, logistical,...
    • ( FEDERAL, EMERGENCY_DECLARATIONS )  top
    • (Read more)   top
      Federal Emergency Declarations and Authorities
      As with the states, federal law imbues designated federal officials with broad powers that allow them to respond to and assist states and localities in responding to emergencies even...
    • ( FEDERAL, WAIVERS )  top
    • (Read more)   top
      Triggering emergency provisions in other laws including Social Security Act Section 1135 waivers and statutory immunities and liability protections, such as the Public Readiness and Emergency Preparedness Act (PREP Act).
      Easing regulatory requirements on individuals, organizations, and state...
    • ( FEDERAL, WAIVER )  top
    • (Read more)   top
      Suspension and waiver of rules and regulations (and statutes, if allowed).
      Streamlining of state administrative procedures such as procurement requirements.
      Federal Emergency Declarations and Authorities
      As with...
    • ( AUTHORITIES )  top
    • ( AUTHORITIES, HEALTH )  top
    • (Read more)   topSee ( FEDERAL , HEALTH )
    • (Read more)   top A state health officer.s existing authorities generally contain a broad grant of authority to, among other things, abate nuisances, investigate the causes of disease, and institute quarantine measures
    • ( AUTHORITIES, GOVERNMENTS )  top
    • (Read more)   top... government declares a state of emergency.or does not make such a declaration.this decision determines the legal and operational resources available to respond to an emergency and has implications for governments, the private sector, and the public.
    • (Read more)   top If so, state officials must clearly understand the authorities that flow from each declaration, agency roles and responsibilities, and the impacts on local governments, the private sector, and the public.
      State Emergency Declaration Process
      While unique to each state, generally the governor may declare an emergency by issuing an executive order or other declaration...
    • (Read more)   top
      The declaration of a state emergency triggers an array of authorities and actions by state and/or local governments.
    • (Read more)   topSee ( FEDERAL , GOVERNMENTS )
    • ( AUTHORITIES, SOCIAL_SECURITY_ACT_SECTION )  top
    • (Read more)   topSee ( FEDERAL , SOCIAL_SECURITY_ACT_SECTION )
    • ( AUTHORITIES, LOCALITIES )  top
    • (Read more)   top
      As with the states, federal law imbues designated federal officials with broad powers that allow them to respond to and assist states and localities in responding to emergencies even without a federal emergency declaration.
    • ( AUTHORITIES, LIABILITY )  top
    • (Read more)   topSee ( FEDERAL , LIABILITY )
    • ( AUTHORITIES, IMMUNITIES )  top
    • (Read more)   topSee ( FEDERAL , IMMUNITIES )
    • ( AUTHORITIES, FEDERAL_EMERGENCY_DECLARATIONS )  top
    • (Read more)   topSee ( FEDERAL , FEDERAL_EMERGENCY_DECLARATIONS )
    • ( AUTHORITIES, EXECUTIVE )  top
    • (Read more)   top
      While unique to each state, generally the governor may declare an emergency by issuing an executive order or other declaration to that effect.
    • (Read more)   topLocally declared emergencies may require approval by a local legislative body, state executive officers, and/or the state legislature.
      Actions and Authorities Triggered by State Emergency Declarations
      The declaration of a state emergency triggers an array of authorities and actions by...
    • ( AUTHORITIES, EMERGENCY_DECLARATIONS )  top
    • (Read more)   topSee ( FEDERAL , EMERGENCY_DECLARATIONS )
    • ( AUTHORITIES, AUTHORITIES_TRIGGERED )  top
    • (Read more)   top
      Actions and Authorities Triggered by State Emergency Declarations
      The declaration of a state emergency triggers an array of authorities and actions by state and/or local governments
    • (Read more)   top
      Actions and Authorities Triggered by Federal Emergency Declarations
      Federal emergency declarations activate legal and programmatic responses from federal agencies including:
      Activating federal assistance to states in the form...
    • ( AUTHORITIES, WAIVERS )  top
    • (Read more)   topSee ( FEDERAL , WAIVERS )
    • ( HEALTH )  top
    • ( HEALTH, SOCIAL_SECURITY_ACT_SECTION )  top
    • (Read more)   topSee ( FEDERAL , SOCIAL_SECURITY_ACT_SECTION )
    • ( HEALTH, GOVERNOR )  top
    • (Read more)   topTraditionally states have a general statute that permits the governor to declare a state of emergency for any type of emergency or natural disaster, which can be construed broadly to include disease epidemics and other public health emergencies
    • ( HEALTH, GOVERNMENTS )  top
    • (Read more)   topSee ( FEDERAL , GOVERNMENTS )
    • ( HEALTH, FEDERAL_EMERGENCY_DECLARATIONS )  top
    • (Read more)   topSee ( FEDERAL , FEDERAL_EMERGENCY_DECLARATIONS )
    • ( HEALTH, WAIVERS )  top
    • (Read more)   topSee ( FEDERAL , WAIVERS )
    • ( HEALTH, SERVICES )  top
    • (Read more)   top
      Activating federal assistance to states in the form of financial, personnel, services, logistical, and technical assistance.
      Triggering emergency provisions in other laws including Social Security Act Section 1135 waivers and statutory immunities and liability protections, such as the...
    • ( HEALTH, SECURITY )  top
    • (Read more)   top Increasingly states have granted state health officers/agency directors the authority to declare public health emergencies. Other state officials such as the emergency management agency director, homeland security director, or agricultural director may have similar powers.
    • ( HEALTH, REGULATORY )  top
    • (Read more)   topSee ( FEDERAL , REGULATORY )
    • ( HEALTH, PUBLIC_READINESS )  top
    • (Read more)   top
      Triggering emergency provisions in other laws including Social Security Act Section 1135 waivers and statutory immunities and liability protections, such as the Public Readiness and Emergency Preparedness Act (PREP Act).
      Easing regulatory requirements on individuals, organizations, and state and local governments.
      Activating the and other emergency response protocols and...
    • ( HEALTH, PRINTABLE )  top
    • (Read more)   top
      (Download a printable Without an Emergency Declaration
      State officials have existing broad powers to address emergency situations by virtue of the statutory authorities granted to their positions without formally declaring...
    • ( DECLARATIONS )  top
    • (Read more)   top ... context include: President.Stafford Act and the Act Section 319 and Social Security Act Section 1135. Actions and Authorities Triggered by Federal Emergency Declarations Federal emergency declarations activate legal and programmatic responses from federal agencies including: Activating federal assistance to states in the form of financial, personnel, services, logistical, and technical assistance. Triggering...