Effects of Terminating the Coronavirus Disease 2019 (COVID-19) PHE and NEA Declarations

Effects of Terminating the Coronavirus Disease 2019 (COVID-19) PHE and NEA Declarations

INSIGHTi

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).
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Processes to Terminate the Section 319 PHE and NEA
Declarations
PHEs under PHSA Section 319 expire 90 days after the initial declaration date, or upon an HHS
Secretary’s declaration that a PHE no longer exists, whichever happens first. Since the initial COVID-19
PHE declaration on January 31, 2020, it has been renewed thirteen times (2020: April, July, October;
2021: January, April, July, October; 2022: January, April, July, October; 2023: January, February).
NEA national emergencies terminate several ways: the President can issue a proclamation terminating the
emergency; Congress and the President can enact a joint resolution terminating the emergency; or the
President can let the period for renewal lapse, and the emergency will automatically terminate on its
anniversary. Since Proclamation 9994 issued the COVID-19 NEA declaration, it was continued three
times (in February 2021, 2022, and 2023), prior to being terminated.
Effects of Terminating the Section 319 PHE and/or NEA
Declarations
Section 319 PHE Termination
Section 319 of the PHSA permits the HHS Secretary to take various actions in response to a PHE (e.g.,
enter into contracts and conduct relevant investigations). Other statutes may, in turn, authorize agencies to
take additional actions while a Section 319 PHE declaration is in effect. Under Section 1135 of the Social
Security Act, for instance, a Section 319 PHE declaration is a necessary condition for the HHS Secretary
to exercise their authority to waive or modify certain Medicare, Medicaid, CHIP program, and HIPAA
requirements—referred to as Section 1135 waivers.
Additionally, significant legislation referenced the COVID-19 PHE declaration, including the CARES Act
(P.L. 116-136), the American Rescue Plan Act of 2021 (P.L. 117-2), and the Consolidated Appropriations
Act, 2021 (P.L. 116-260). These laws authorized numerous recovery support actions related to agriculture,
consumer protection, first responder benefit eligibility, health care, Indian health, labor and employment,
legislative branch operations, military construction, nutrition assistance, telecommunications, and
veterans affairs.
It may be difficult to determine the impact the COVID-19 PHE declaration’s termination will have on a
particular waiver, flexibility, program, or agency. Some may be dependent on the PHE declaration
specifically, and others may be dependent on other factors, such as funding availability, an agency’s
interpretation of authority, or authority derived from concurrent emergency declarations. As such, some
waivers, flexibilities, or programs may continue after the PHE declaration ends—necessitating individual
consideration. On February 9, 2023, HHS issued a Fact Sheet on the transition away from the COVID-19
PHE. Congressional offices may contact CRS for specific considerations.
NEA Termination
NEA declarations permit the President to invoke standby authorities. Over the course of the COVID-19
NEA declaration, such authorities included waivers related to the Defense Production Act (Executive
Order (E.O.) 13911); activation of Ready Reserve units and members, activation of U.S. Coast Guard
retirees, and deferral of end-strength limitations (E.O. 13912); temporary extensions of deadlines for
importers (E.O. 13916); waivers/modifications of certain student loan provisions (Education Department
waivers and modifications at 85 Federal Register 79856), including suspension of payment and interest

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accrual for those affected by the pandemic and a proposed one-time cancellation policy. Congress also
enacted legislation authorizing numerous actions with durations tied to the COVID-19 NEA declaration,
including provisions related to banking and finance, the federal budget, criminal justice, defense, defense
procurement, income security, intellectual property, small businesses, transportation, and veterans affairs.
Terminating an NEA declaration discontinues the exercise of invoked powers and authorities, but there
are exceptions. As such, some actions taken during the COVID-19 NEA declaration may not be
immediately affected, requiring individual consideration. Congressional offices may contact CRS for
specific considerations.
Effect on “Title 42” Entry Restrictions
There is congressional interest in whether terminating the COVID-related Section 319 PHE and/or NEA
declarations would terminate the CDC order directing immigration officials to expel certain aliens (often
called “Title 42”). Although the invocation of such authority to suspend the introduction of individuals
under 42 U.S.C. §265 does not require either a PHE or NEA declaration, the current Title 42 order
provides that it remains in effect until either the expiration of the COVID-19 PHE or a further
determination by CDC, whichever occurs first. Thus, termination of the COVID-19 PHE declaration
could likely end the current Title 42 order, absent any further determination by the CDC Director. The
expiration of the Title 42 order will also likely impact ongoing litigation.
Resources
CRS Insight IN12106, Closing the Incident Period for the Stafford Act Declaration for the COVID-19
Pandemic
CRS Infographic IG10029, Federal Emergency Declarations
CRS Report R46809, Federal Emergency and Major Disaster Declarations for the COVID-19 Pandemic

Author Information

Elizabeth M. Webster, Coordinator
Hassan Z. Sheikh
Analyst in Emergency Management and Disaster
Analyst in Health Policy
Recovery

Erica A. Lee
Audrey Singer
Analyst in Emergency Management and Disaster
Specialist in Immigration Policy
Recovery

Kelsey Y. Santamaria

Legislative Attorney

Disclaimer

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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.

IN12088 · VERSION 5 · UPDATED