Assuming a Presidential Declaration of Emergency for this Pandemic Influenza scenario, the primary legal authority framing DOD’s participation and response is the Stafford Act (42 U.S.C. § 5121-5207). Under the Stafford Act, DOD executes Requests For Assistance (RFAs) generally in support of state and local response and recovery efforts as tasked by the Federal Emergency Management Agency (FEMA) through approved Mission Assignments (MAs).
If there is not a Presidential Emergency Declaration, then DOD support to other federal agencies such as the CDC would be covered by the Economy Act (31 U.S.C. § 1535), which allows for the provision of good or services between federal agencies if funds are available, cannot be obtained more cheaply commercially
If there is not a Presidential Emergency Declaration, then DOD support to other federal agencies such as the CDC would be covered by the Economy Act (31 U.S.C. § 1535), which allows for the provision of good or services between federal agencies if funds are available, cannot be obtained more cheaply commercially