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              Congressional
              Research Service






Expiring State COVID-19 Emergency

Declarations: Effects on Federal Aid



Updated April 7, 2021

Some states, tribes, and territories (hereinafter states) may consider rescinding or sun-setting their state-
level emergency and disaster declarations, as states make progress in containing the coronavirus disease
2019 (COVID-19) pandemic. Regardless of state decisions, the federal declarations of a public health
emergency (under Section 319 of the Public Health Service Act (42 U.S.C. @247d)), two national
emergencies (under the National Emergencies Act (50 U.S.C. @1601 et seq.) and the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. @5121 et seq., hereinafter Stafford Act)) and
major disasters for each state (also under the Stafford Act) remain in place. This Insight examines the
potential impact of lapsing state emergency declarations on the availability of federal aid, either generally
or with respect to certain expenses, provided through the Stafford Act as well as six COVID-19 related
supplements:
      the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 (P.L.
       116-123);
      the Families First Coronavirus Response Act (FFCRA, P.L. 116-127);
      the Coronavirus Aid, Relief, and Economic Security Act (CARES Act, P.L. 116-136);
      the Paycheck Protection Program and Health Care Enhancement Act (P.L. 116-139);
      the Continuing Appropriations Act, 2021 and Other Extensions Act (P.L. 116-159); and
      the American Rescue Plan Act of 2021 (P.L. 117-2).
To find provisions where assistance is tied to state emergency declarations, CRS queried the six acts listed
above using the search terms state and variations of the word declaration. Due to the complexity and
volume of legislative language, and limitations of text searching generally, the identified examples may
not be comprehensive.


Emergency Response Programs and Activities

The termination of a state emergency declaration does not directly impact the availability of Stafford Act
assistance for the COVID-19 pandemic administered by FEMA. The Stafford Act declarations for the
COVID-19  pandemic authorized Public Assistance (PA) for emergency protective measures. Through the
                                                              Congressional Research Service
                                                                https://crsreports.congress.gov
                                                                                   IN11616

CRS INSIGHT
Prepared for Members and
Committees of Congress

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