Disclaimer: This webpage is intended to provide general information about the HHS Secretary’s legal authorities to prepare for and respond to public health and medical emergencies and is not intended to provide specific legal advice or guidance. This information does not provide an exhaustive list of the HHS Secretary’s legal authorities to prepare for and respond to public health and medical emergencies. Individuals should always seek the advice of an attorney with any questions they may have regarding a legal matter. The HHS Secretary has legal authority to take action to prepare for and respond to public health and medical emergencies under several statutes, primarily including the Public Health Service (PHS) Act; Federal Food, Drug and Cosmetic Act; and the Social Security Act. Various other legal authorities may also authorize the HHS Secretary to respond to public health and medical emergencies. In general, the legal authority of the HHS Secretary for each of the following circ*mstances is: Even without the HHS Secretary declaring a public health emergency under section 319 of the PHS Act, he/she has broad legal authorities to provide assistance to states and local entities and to conduct studies. Some examples of actions that the HHS Secretary may take, if appropriate, include: The HHS Secretary is authorized to take the following actions when a Public Health Emergency is declared. A public health emergency declaration may also be the basis for the Department of Labor to award dislocated worker program grants for disaster relief. A declaration of a public health emergency terminates after 90 days or when the Secretary declares that the emergency no longer exists, unless renewed by the Secretary. In addition to his regular authorities, the HHS Secretary may be authorized or directed to take other actions when the President declares a major disaster or an emergency under theRobert T. Stafford Actor an emergency under theNational Emergencies Act. The President may declare a major disaster under the Stafford Act when a natural catastrophe (i.e., hurricane, tornado, earthquake, etc.) or, regardless of cause, any fire, flood, or explosion causes damage that in the determination of the President is of sufficient severity and magnitude to warrant major disaster assistance to supplement the efforts and available resources of states, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby. The Stafford Act also authorizes the President to declare an emergency when, in the determination of the President, federal assistance is needed to supplement state and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe. The Stafford Act authorizes a multitude of Federal agency actions in response to a major disaster or emergency, such as the following: The President may also declare a National Emergency under the National Emergencies Act, specifying which statutory authorities available for use in an emergency will be exercised. When the President declares a major disaster or an emergency and the HHS Secretary declares a public health emergency, the Secretary is authorized to take certain actions in addition to his regular authorities. For example, under section 1135 of the Social Security Act, he may temporarily waive certain Medicare, Medicaid, and Children’s Health Insurance Program (CHIP) requirements to ensure that sufficient health care items and services are available to meet the needs of individuals enrolled in Social Security Act programs in the emergency area and time periods. Examples of these 1135 waivers or modifications include: In addition, the Secretary may waive Health Insurance Portability and Accountability Act (HIPAA) Privacy rule sanctions and penalties relating to the following: The waiver of HIPAA requirements is effective only if actions under the waiver do not discriminate on the basis of a patient’s source of payment or ability to pay. These waivers under section 1135 of the Social Security Act typically end with the termination of the emergency period, or 60 days from the date the waiver or modification is first published unless the Secretary of HHS extends the waiver by notice for additional periods of up to 60 days. Waivers for EMTALA (for emergencies that do not involve a pandemic disease) and HIPAA requirements are limited to a 72-hour period beginning upon implementation of a hospital disaster protocol. Waiver of EMTALA requirements for emergencies that involve a pandemic disease last until the termination of the pandemic related emergency. The waiver for licensure applies only to federal requirements and does not automatically apply to state requirements for licensure or conditions of participation. * The HHS Secretary has other authorities that may permit him to take similar actions even in absence of a public health emergency declaration. Legal Authorities
Legal Authority without Declaration of a Public Health Emergency
Legal Authority with Declaration of a Public Health Emergency
Legal Authority When the President Declares a Major Disaster or an Emergency
Emergency Authority When the President and the HHS Secretary Issue a Declaration
FAQs
What are the authority of the Secretary of Defense? ›
Under the President, who is also Commander in Chief, the Secretary of Defense exercises authority, direction, and control over the Department, which includes the separately organized military departments of Army, Navy, and Air Force, the Joint Chiefs of Staff providing military advice, the combatant commands, and ...
What is the primary responsibility of the Secretary of Defense? ›Secretary of Defense The Secretary of Defense is the principal defense policy adviser to the President and is responsible for the formulation of general defense policy and policy related to DOD, and for the execution of approved policy.
How much power does the Secretary of Defense have? ›The secretary of defense's position of command and authority over the military is second only to that of the president of the United States, who is the commander-in-chief. This position corresponds to what is generally known as a defense minister in many other countries.
What is the 10 USC 113 note? ›Sec. 113 (Note) Database of emergency response capabilities
(2) The types of emergency response capabilities that the Department of Defense may be able to provide in support of the National Response Plan's Emergency Support Functions, and identification of the units that provide these capabilities.
Lloyd James Austin III (born August 8, 1953) is a retired United States Army four-star general who has served as the 28th and current United States secretary of defense since January 22, 2021.
Who is above the Secretary of Defense? ›The secretary of defense is the highest ranking leader in the department and serves as the principal advisor to the president, the commander in chief of the armed forces, on defense policy. The deputy secretary of defense is the second-highest ranking DOD leader.
Does the Secretary of Defense have protection? ›The highest profile is, of course, the secretary of defense, who receives their protection via the U.S. Army Protective Services Battalion (CID), who also cover the deputy secretary of defense, the chairman and vice chairman, joint chiefs, the secretary of the Army, the chief of staff of the Army, the vice chief of ...
What branch does the Secretary of Defense belong to? ›OSD (along with the Joint Staff) is the Secretary of Defense's support staff for managing the Department of Defense, and it corresponds to what the Executive Office of the President of the U.S. is to the U.S. president for managing the whole of the Executive branch of the federal government.
What are the Secretary of Defense priorities? ›Today, Secretary of Defense Lloyd J. Austin III, published a Message to the Force to reaffirm his three priorities: defending the Nation, taking care of our people, and succeeding through teamwork.
Is the Secretary of Defense the most powerful? ›The President of the United States of America is the Commander-in-Chief of the Armed Forces. The Secretary of Defense is the principal defense policy advisor to the President.
Can the Secretary of Defense order the military? ›
The Secretary of Defence. The Secretary can only give orders to the Joint Chiefs of Staff, who are actually in the military. They can order their subordinates, and so on and so forth.
How powerful is the US Secretary of State? ›The secretary must also advise the president on U.S. foreign matters such as the appointment of diplomats and ambassadors, advising the president of the dismissal and recall of these people. The secretary of state can conduct negotiations, interpret, and terminate treaties relating to foreign policy.
What is 10 USC 1034 restriction? ›10 U.S. Code § 1034 - Protected communications; prohibition of retaliatory personnel actions. No person may restrict a member of the armed forces in communicating with a Member of Congress or an Inspector General. Paragraph (1) does not apply to a communication that is unlawful.
What is Title 49 of USC? ›Title 49 of the United States Code is a positive law title of the United States Code with the heading "Transportation." During the time between when the Title 49 positive law codification began in 1978 and when it was completed in 1994, the remaining non-positive law sections were placed in an appendix to Title 49.
What is the USC law code? ›The United States Code (formally the Code of Laws of the United States of America) is the official codification of the general and permanent federal statutes of the United States. It contains 53 titles (Titles 1–54, excepting Title 53, which is reserved for a proposed title on small business).
What is the role of the undersecretary of defense? ›Our Mission
The mission of the Office of the Under Secretary of Defense for Policy is to consistently provide responsive, forward-thinking, and insightful policy advice and support to the Secretary of Defense, and the Department of Defense, in alignment with national security objectives.
The Act states that the operational chain of command runs from the President to the Secretary of Defense to the Unified Combatant Commanders.
Who guards the Secretary of Defense? ›The highest profile is, of course, the secretary of defense, who receives their protection via the U.S. Army Protective Services Battalion (CID), who also cover the deputy secretary of defense, the chairman and vice chairman, joint chiefs, the secretary of the Army, the chief of staff of the Army, the vice chief of ...