Closing the Incident Period for the Stafford Act Declaration for the COVID-19 Pandemic

Closing the Incident Period for the Stafford Act Declaration for the COVID-19 Pandemic

INSIGHTi

Closing the Incident Period for the Stafford
Act Declaration for the COVID-19 Pandemic
February 10, 2023
On February 9, 2023, the Administrator of the Federal Emergency Management Agency (FEMA)
announced that on May 11, 2023, the agency will close the incident periods for all emergency and major
disasters declared for the COVID-19 pandemic under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (the Stafford Act, P.L. 93-288, as amended). Since March 13, 2020, Stafford
Act declarations issued for every state, territory, District of Columbia, and several tribes have authorized
FEMA to deliver assistance nationwide. FEMA reports obligating over $100 billion through these
declarations, in addition to direct provision of federal personnel, facilities, emergency commodities, and
operational support.
What Is the Incident Period?
Stafford Act declarations do not expire, nor do they have set durations established in statute or regulation.
Instead, per federal regulations, FEMA determines an “incident period”—the interval during which an
incident occurred—for each Stafford Act declaration. Stafford Act response and recovery assistance (such
as Individual and Public Assistance) generally only alleviates damages and losses sustained during each
declaration’s incident period. For example, FEMA may designate a hurricane’s incident period as the
sequence of five days during which winds and flooding caused injuries and damages. FEMA may then
provide assistance (often over the course of months or years) to cover the costs of losses, damages, and
injuries sustained during those five days.
The 3.5-year incident period for the COVID-19 pandemic is the longest in FEMA’s history; most incident
periods cover only days or weeks.
How Does the End of the Incident Period Affect FEMA Assistance?
Statutes, regulations, and program guidance typically limit the duration of specific FEMA assistance
programs, which FEMA may and has extended for the pandemic. Below are summaries of the potential
effects for active FEMA assistance programs.
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Public Assistance for Governments, Public Entities, and Nonprofits
Through the Public Assistance (PA) program, FEMA provided reimbursement and direct support (e.g.,
supplies, personnel) to eligible states, local governments, tribes, and territories (SLTTs), as well as
nonprofit entities, for eligible emergency protective measures undertaken in response to the pandemic.
According to a memorandum released February 9, 2023, FEMA will generally only provide
reimbursement for eligible costs of such measures incurred between January 20, 2020, and May 11, 2023.
However, FEMA may extend the deadline for costs related to demobilization and disposal work related to
the pandemic.
FEMA guidance further explains it will reimburse 100% of the eligible costs of response work performed
between January 20, 2022, and July 1, 2022, after which it will cover 90% of eligible costs (see FEMA
policy on additional deadlines). To date, FEMA reports it has obligated approximately $60 billion through
PA, and anticipates obligating $80 billion by the end of FY2023.
Funeral Assistance for Individuals
FEMA has reimbursed eligible applicants for up to $9,000 in eligible funeral expenses incurred on or after
January 20, 2020, for deaths attributed to the pandemic. FEMA began accepting applications for the
Funeral Assistance program on April 12, 2021, through a dedicated call center, and had not announced a
deadline for applying as of the date of publication. FEMA guidance reports that the end of the incident
period will not affect application or eligibility for Funeral Assistance, and that “FEMA intends to continue
providing COVID-19 Funeral Assistance through September 30, 2025, which is the date identified by
Congress in the ARPA appropriation.”
As of February 1, 2023, FEMA reported that it has provided more than $2.9 billion for Funeral
Assistance.
Hazard Mitigation Assistance
In August 2021, FEMA announced the availability of $3.46 billion in Hazard Mitigation Grant Program
(HMGP) funding to states, territories, and tribes with major disaster declarations for the COVID-19
pandemic. Because funding is not restricted to pandemic-related mitigation activities, HMGP projects are
not immediately affected by the closure of the incident period.
The COVID-19 major disaster declarations also triggered additional funding for pre-disaster mitigation.
The closure of the incident period does not affect the availability of these funds.
When Will Stafford Act Declarations End?
As noted above, Stafford Act declarations do not have pre-set terms, and generally, federal officials do not
unilaterally terminate Stafford Act declarations. Instead, FEMA initiates the closeout of an individual
declaration only after the closeout of all related individual projects and programs (e.g., Individual
Assistance, PA). Closeout, in effect, proceeds from the bottom-up. For this reason, the duration of
pandemic-related Stafford Act declarations may vary by jurisdiction.
Statutes, regulations, and program guidance detail the periods afforded to closeout procedures. In June,
2022, FEMA published closeout deadlines for PA for the pandemic in agency policy.
What Are the Effects of the Incident Period Closure Beyond FEMA?
A number of statutory authorities and executive actions enacted prior to and during the pandemic are
contingent upon an active Stafford Act declaration and/or the duration of the incident period. These

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authorities may be affected by the closure of the incident period for the pandemic. For example, Div. B, §
16005 of the CARES Act (P.L. 116-136) authorizes certain Department of Homeland Security health care
professionals to practice throughout the United States, regardless of their physical location. This authority
is active only for the duration of the incident period for the Stafford Act declarations for the pandemic.
Additionally, May 11, 2023, is the same date that the emergency declarations under Section 319 of the
Public Health Service Act (PHSA; P.L. 78-410, as amended; 42 U.S.C. §§201-300mm–61) and the
National Emergencies Act (NEA; P.L. 94-412, as amended; 50 U.S.C. §§1601 et seq.) will end, according
to President Joseph R. Biden. The concurrent closure of the Stafford Act incident periods and the NEA
and PHSA declarations are likely to affect additional authorities and assistance established in statute and
by executive action.
Resources
CRS CD Memorandum 1329678, Duration of Statutory Provisions Currently in Effect Pursuant to Public
Health Emergency, Stafford Act, and National Emergencies Act Declarations (available to congressional
offices upon request)
CRS Insight IN12088, Effects of Terminating the Coronavirus Disease 2019 (COVID-19) PHE and NEA
Declarations
CRS Report R46809, Federal Emergency and Major Disaster Declarations for the COVID-19 Pandemic

Author Information

Erica A. Lee, Coordinator
Diane P. Horn
Analyst in Emergency Management and Disaster
Specialist in Flood Insurance and Emergency
Recovery
Management

Elizabeth M. Webster

Analyst in Emergency Management and Disaster
Recovery

Disclaimer
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