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Fact check: The opioid crisis and national emergency declarations
October 2, 2017
By Sara Reynolds
On August 10, President Trump announced his intention to declare the opioid crisis a national emergency.[1] A day before, the San Francisco Chronicle claimed that a national emergency declaration "may be more symbolic than substantial, but it would give emphasis where it’s needed."[2]
Is a national emergency declaration more symbolic than substantial?
No. A national emergency declaration is required for the White House to pursue specific actions and remedies in response to a disaster or crisis.[3][4]
Background
Opioids (including heroin and prescription medications such as hydrocodone, oxycodone, fentanyl, and morphine) reduce pain by acting on receptors in the spinal cord and brain.[5] Opioid overdose death rates nearly quadrupled between 1999 and 2015, from 2.9 per 100,000 people to 10.3 per 100,000.[6][7]
President Trump created the Commission on Combating Drug Addiction and the Opioid Crisis, chaired by New Jersey Governor Chris Christie.[8] The commission released a draft report on July 31 in which its "first and most urgent recommendation" (among nine total) was: "Declare a national emergency under either the Public Health Service Act or the Stafford Act."[9] The commission is expected to release its final report on November 1.[10]
A national emergency has yet to be declared, but White House officials have said they are preparing a declaration to present to Congress.[11]
The declaration process
The president may declare an emergency whenever he determines that federal assistance is needed.[3] The National Emergencies Act (NEA) dictates the procedures by which the president activates a variety of emergency powers delegated by federal statute. These include seizure of property, control of transportation and communication networks, and travel restrictions, among others. Under the NEA, Congress may modify, rescind, or render dormant the emergency authority.[4][12]
The act also requires the president to notify Congress of the specific emergency powers to be activated (to be published in the Federal Register), and it directs the White House and executive agencies to maintain records of all orders and regulations that result from the use of emergency authority and to report the costs incurred to Congress.[13][14][15]
The Robert T. Stafford Disaster Relief and Emergency Assistance Act authorizes the federal government to provide specific disaster assistance to states and localities during a declared emergency, including up to $25,000 in financial assistance to individuals for housing, medical care, and other disaster-related needs; grants to state and local governments for hazard mitigation; and financial assistance to restore schools, hospitals, and custodial care facilities.[16]
A governor must request an emergency declaration after first activating the state's own emergency plan. However, the president may issue a declaration without a governor's request if the affected area involves what the act refers to as "federal primary responsibility," an area in which the federal government has exclusive responsibility and authority to respond.[17][3]
The Stafford Act limits federal assistance for a single emergency to $5 million unless the president determines that continued assistance is necessary and reports on the nature and extent of emergency assistance requirements to Congress.[18]
The Public Health Service Act
The Public Health Service Act (PHSA) authorizes the secretary of the Department of Health and Human Services (HHS) to unilaterally declare a public health emergency.[19][20] A public health emergency declaration, when coupled with a presidential emergency declaration, authorizes the HHS secretary to modify requirements for Medicaid, Medicare, the Children's Health Insurance Program, and the Health Insurance Portability and Accountability Act (HIPAA).[21][22]
Conclusion
President Trump in August announced his intention to declare the opioid crisis a national emergency. The San Francisco Chronicle claimed that a national emergency declaration "may be more symbolic than substantial, but it would give emphasis where it’s needed."[2]
A national emergency declaration is more than symbolic. It is required for the White House to pursue specific actions and remedies in response to a crisis.[3][4]
See also
- U.S. Department of Health and Human Services
- U.S. Centers for Disease Control and Prevention
- Fact check: Do seven people a day die of a drug overdose in Pennsylvania?
Sources and Notes
- ↑ CNN, "Trump: 'The opioid crisis is an emergency,'" updated August 11, 2017
- ↑ 2.0 2.1 San Francisco Chronicle, "Editorial: Trump flunks the opioid test," August 9, 2017
- ↑ 3.0 3.1 3.2 3.3 Federal Emergency Management Agency, "The Disaster Declaration Process," updated April 6, 2017
- ↑ 4.0 4.1 4.2 Congressional Research Service, "National Emergency Powers," August 30, 2007
- ↑ National Institute on Drug Abuse, "Which classes of prescription drugs are commonly misused?" August 2016
- ↑ Centers for Disease Control and Prevention, "Opioid Overdose," updated August 30, 2017
- ↑ Ballotpedia calculated the rate using the Centers for Disease Control's WONDER database. Centers for Disease Control and Prevention WONDER, "Multiple Cause of Death 1999-2015," accessed September 14, 2017. Ballotpedia's data query followed the methodology in paragraph two of this report: Centers for Disease Control and Prevention, "Increases in Drug and Opioid Overdose Deaths — United States, 2000–2014," January 1, 2016
- ↑ The White House, "President’s Commission on Combating Drug Addiction and the Opioid Crisis," accessed September 13, 2017
- ↑ The White House, "Commission Interim Report," July 31, 2017
- ↑ New York Daily News, "Trump still hasn’t declared opioid abuse a national emergency — despite urging from White House commission," September 27, 2017
- ↑ Huffington Post, "Trump Still Hasn’t Officially Declared The Opioid Crisis A National Emergency," September 18, 2017
- ↑ According to a 2013 study published in the University of Michigan Journal of Law Reform, a national emergency declaration allows the president to access powers from over 160 federal law provisions, including parts of the Public Health Service Act, as well as from executive orders, presidential directives, and other regulations. Thronson, Patrick A. "Toward Comprehensive Reform of America's Emergency Law Regime." University of Michigan Journal of Law Reform 46, 2. (2013): 737-787.
- ↑ Cornell Law School, "50 U.S. Code § 1621 - Declaration of national emergency by President; publication in Federal Register; effect on other laws; superseding legislation," accessed September 13, 2017
- ↑ Cornell Law School, "50 U.S. Code § 1631 - Declaration of national emergency by Executive order; authority; publication in Federal Register; transmittal to Congress," accessed September 13, 2017
- ↑ Cornell Law School, "50 U.S. Code § 1641 - Accountability and reporting requirements of President," accessed September 13, 2017
- ↑ Association of State and Territorial Health Officials, "Robert T. Stafford Disaster Relief and Emergency Assistance Act," accessed October 2, 2017
- ↑ Native American tribal leaders can also request a declaration under the Stafford Act.
- ↑ Federal Emergency Management Agency, "The Stafford Act," August 2016
- ↑ According to the Association of State and Territorial Health Officials, "the secretary has broad legal authority under other sections of the PHSA to render assistance" without an emergency determination under Section 319 or an emergency declaration from the president. The secretary can access funds from the Public Health Emergency Fund, grant extensions or waive penalties for legally mandated data or reports, adjust Medicare drug reimbursements, and temporarily reassign state or local personnel. See footnotes 20 and 22.
- ↑ Association of State and Territorial Health Officials, "Public Health Service Act, Section 319, Public Health Emergencies Fact Sheet," accessed September 13, 2017
- ↑ The authority to waive requirements is part of the Public Health Services Act and Section 1135 of the Social Security Act.
- ↑ The United States Department of Health and Human Services, "Public Health Emergency Declaration," reviewed August 18, 2017
Launched in October 2015 and active through October 2018, Fact Check by Ballotpedia examined claims made by elected officials, political appointees, and political candidates at the federal, state, and local levels. We evaluated claims made by politicians of all backgrounds and affiliations, subjecting them to the same objective and neutral examination process. As of 2025, Ballotpedia staff periodically review these articles to revaluate and reaffirm our conclusions. Please email us with questions, comments, or concerns about these articles. To learn more about fact-checking, click here.
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