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Researh Sevice
Presidential Declarations of Emergency for
COVID-19: NEA and Stafford Act
March 19, 2020
This Insight provides an overview of the presidential declarations of emergency made under the National
Emergencies Act (NEA; 50 U.S.C. §§1601 et seq.) and the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (Stafford Act; 42 U.S.C. § §5121 et seq.) in response to the novel coronavirus
2019 (COVID-19). Table 1 describes select differences between these types of declarations and their
authorities. This Insight does not discuss other actions mentioned by the President, or federal agencies
(other than the Department of Health and Human Services (HHS)) that have been, or may be, tasked to
respond.
Two Emergency Declarations for COVID-19
On March 13, 2020, President Donald J. Trump issued Proclamation 9994 under the NEA and declared an
emergency under the Stafford Act. The act of simultaneously declaring an emergency pursuant to the
NEA and the Stafford Act nationally for the same threat or hazard appears to be unprecedented.
NEA Proclamation 9994
In Proclamation 9994, President Donald J. Trump proclaim[ed] that the COVID-19 outbreak in the
United States constitutes a national emergency, beginning March 1, 2020. The proclamation also permits
the Secretary of HHS to exercise the authority under section 1135 of the Social Security Act to
temporarily waive or modify certain requirements of the Medicare, Medicaid, and State Children's Health
Insurance programs and of the Health Insurance Portability and Accountability Act Privacy Rule....
Previously, there was one instance where a President declared a national emergency pursuant to the NEA
related to a health issue. President Barack Obama issued Proclamation 8443 in which he declared a
national emergency regarding the 2009 HINI influenza pandemic in the United States.
Congressional Research Service
https://crsreports.congress.gov
IN11264
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