Expiring State COVID-19 Emergency Declarations: Effects on Federal Aid

Expiring State COVID-19 Emergency Declarations: Effects on Federal Aid

INSIGHTi

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
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PA program, FEMA may reimburse state, local, tribal, territorial, and eligible nonprofit entities for the
costs of eligible emergency protective measures undertaken in response to the pandemic. These include,
but are not limited to,
 distribution and administration of vaccines,
 emergency medical care costs,
 purchase and distribution of food,
 alternate care sites,
 non-congregate sheltering,
 mobilization of National Guard, and
 purchase and distribution of PPE.
It is possible that the termination of the state emergency declaration could impede the jurisdiction’s own
ability to deliver emergency services. This may affect the state’s ability to request PA reimbursement. For
example, FEMA guidance states that it may approve assistance for non-congregate sheltering if such
sheltering is “at the direction of and documented through an official order signed by a state, local, tribal,
or territorial public health official” or “done in accordance with the direction or guidance of health
officials by the appropriate state or local entities, in accordance with applicable state and local laws.”
Without a state declaration or public health order that directs the usage of non-congregate shelters, FEMA
may not approve a request for PA reimbursement of this type.
Federal Eviction Moratoriums
The U.S. Centers for Disease Control and Prevention’s (CDC’s) federal eviction moratorium only applies
where more protective measures are not provided by state and local governments. Some state and local
eviction moratoriums may be tied to state and local declarations of emergency or disaster. Therefore, even
if a state emergency declaration terminates and eliminates local protections, the CDC’s federal eviction
moratorium would enter into effect to provide eviction protection in those jurisdictions. More information
is available here.
Public Health and Medical Care Programs and Activities
No provisions or assistance related to public health and medical care activities in the aforementioned bills
were found to be dependent on a state emergency declaration.
Supplemental Nutrition Assistance Program (SNAP)
The FFCRA (P.L. 116-127) included an authority for states to increase SNAP benefits (see Section
1101(a)) up to the maximum benefit amount; however, a state emergency declaration is required. These
increases are referred to as “Emergency Allotments.” The provision is authorized only when both federal
and state emergencies are in place, specifically “in the event of a public health emergency declaration by
the Secretary of Health and Human Services under Section 319 of the Public Health Service Act based on
an outbreak of coronavirus disease 2019 (COVID-19) and the issuance of an emergency or disaster
declaration by a State based on an outbreak of COVID-19.” Without an active state emergency
declaration, states would not be authorized to provide emergency allotments.
More information on how the FFCRA’s emergency allotments policy has been implemented is available
in this CRS Insight. Current USDA guidance and information about SNAP emergency allotments is
available on the USDA Food and Nutrition Service website.

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Telecommunications Programs
No provisions or assistance related to telecommunications programs (including support for broadband) in
the aforementioned bills were found to be dependent on a state emergency declaration.
Transportation Programs
No provisions or assistance related to public transit, air travel, or other transportation programs in the
aforementioned bills were found to be dependent on a state emergency declaration.
Lapsing Stay-at-Home Orders and Other Government
Restrictions
The lapse of a state emergency declaration may affect a state’s ability to impose “stay-at-home” or other
orders that require the full or partial restriction of personal movement, business operations, and other
societal functions. Although not directly tied to the lapse of a state-level emergency declaration, the lapse
of emergency powers may affect other forms of relief.
One example is the employee retention tax credit. Businesses that are required to fully or partially
suspend operations due to a COVID-19-related order may qualify for this tax credit (although having
business operations suspended due to a COVID-19-related order is not the only pathway to eligibility).
Similarly, FEMA may approve assistance for the purchase and distribution of food based on several
indicators, including “reduced mobility of people in need due to government-imposed restrictions,
including ‘stay-at-home’ orders, which may prevent certain populations from accessing food.” As above,
if the rescission of a state emergency declaration affects “stay-at-home” orders or similar restrictions,
FEMA may not approve requests for food assistance that may otherwise be available under the Stafford
Act.

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Author Information

Lauren R. Stienstra
Maggie McCarty
Section Research Manager
Specialist in Housing Policy

Randy Alison Aussenberg
Jared C. Nagel
Specialist in Nutrition Assistance Policy
Senior Research Librarian

Erica A. Lee
Molly F. Sherlock
Analyst in Emergency Management and Disaster
Specialist in Public Finance
Recovery

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff
to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of
Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of
information that has been provided by CRS to Members of Congress in connection with CRS’s institutional role.
CRS Reports, as a work of the United States Government, are not subject to copyright protection in the United
States. Any CRS Report may be reproduced and distributed in its entirety without permission from CRS. However,
as a CRS Report may include copyrighted images or material from a third party, you may need to obtain the
permission of the copyright holder if you wish to copy or otherwise use copyrighted material.

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