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             Congressional                                                   ____
          S£  Research Service






Effects of Terminating the Coronavirus

Disease 2019 (COVID-19) PHE and NEA

Declarations



Updated April 11, 2023


In response to the COVID-19 pandemic, federal officials issued declarations of emergency and disaster
pursuant to multiple emergency authorities, including Section 319 of the Public Health Service Act
(PHSA; P.L. 78-410, as amended; 42 U.S.C. @@201-300mm-61); the National Emergencies Act (NEA;
P.L. 94-412, as amended; 50 U.S.C. §§1601 et seq.); and the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (Stafford Act; P.L. 93-288, as amended; 42 U.S.C. @@5121 et seq.). Although
the Public Health Emergency declaration (COVID-19 PHE) under PHSA Section 319, the COVID-19
NEA  declaration, and the Stafford Act declarations for COVID-19 all address the pandemic, they are
distinct, independent authorities. The COVID-19 PHE and the COVID-19 NEA declaration authorized
federal assistance and other activities, and invoked standby authorities. The Stafford Act declarations
authorized federal disaster assistance.

Officials subsequently renewed the PHE and NEA declarations to support the pandemic response, but on
January 30, 2023, President Joseph R. Biden, Jr. announced his Administration's plans for a wind-down
period. The President initially anticipated terminating the COVID-19 NEA declaration on May 11, 2023,
but on April 10, 2023, signed H.J.Res. 7, terminating the COVID-19 NEA declaration upon enactment.
HHS  is planning for the COVID-19 PHE declaration to expire on May 11, 2023. On January 31, 2023, the
House passed H.R. 382, which would terminate the COVID-19 PHE declaration upon enactment.
On February 9, 2023, FEMA announced that it will close all of the COVID-19 disaster declaration
incident periods on May 11, 2023 (see CRS Insight for more information).








                                                             Congressional Research Service
                                                             https://crsreports.congress.gov
                                                                                 IN12088

CRS INSIGHT
Prepared for Members and
Committees of Congress

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