Federal Emergency and Major Disaster Declarations for the COVID-19 Pandemic

Federal Emergency and Major Disaster Declarations for the COVID-19 Pandemic

Federal Emergency and Major Disaster
June 4, 2021
Declarations for the COVID-19 Pandemic
Erica A. Lee, Coordinator
In early 2020, the federal government began to express concerns over the global spread
Analyst in Emergency
of Coronavirus Disease 2019 (COVID-19). In the months following, President Donald J.
Management and Disaster
Trump and other executive officials issued dozens of emergency and major disaster
Recovery
declarations under at least four different statutory authorities:

Sarah A. Lister,
1. On January 31, 2020, then-Secretary of Health and Human Services (HHS) Alex
Coordinator
Azar declared a Public Health Emergency under the Public Health Service Act
Specialist in Public Health
(PHSA) for the COVID-19 pandemic;
and Epidemiology

2. On March 13, 2020, President Trump issued Proclamation 9994 under the
National Emergencies Act (NEA);
L. Elaine Halchin

Specialist in American
3. On the same day, President Trump also declared a nationwide emergency under
National Government
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford

Act) for the pandemic. President Trump later approved major disaster
Bruce R. Lindsay
declaration requests under the Stafford Act for all 50 states, five territories, the
Specialist in American
District of Columbia, and the Seminole Tribe of Florida. President Joseph R.
National Government
Biden Jr. would later go on to approve major disaster declaration requests from

the Navajo Nation and the Poarch Band of Creek Indians; and
Elizabeth M. Webster
4. On March 16, 2020, then-Administrator of the U.S. Small Business
Analyst in Emergency
Administration (SBA) Jovita Carranza began issuing disaster declarations under
Management and Disaster
the Small Business Act, authorizing Economic Injury Disaster Loans to
Recovery
businesses suffering economic injury as a result of the pandemic.

These declarations remain in effect as of June 4, 2021.
Hassan Z. Sheikh

Analyst in Public Health
Emergency Management
This report summarizes the provisions, durations, and interrelationships of these four

types of federal declarations issued for the COVID-19 pandemic. These declarations
provide distinct authorities and forms of assistance deployed in the federal pandemic
Jared C. Nagel
Senior Research Librarian
response.

This report focuses on authorities and assistance activated specifically by the federal

declarations for the COVID-19 pandemic. It does not provide in-depth discussions of the
statutory frameworks behind these emergency authorities, nor is it a catalogue of federal statutes, regulations, or
policies contingent upon these types of declarations. Rather, it focuses on the key emergency declarations in effect
for the COVID-19 pandemic response. Under these declarations, the Trump and Biden Administrations have
accessed enhanced executive authorities, furnished assistance of many types, and taken other administrative
actions to facilitate response and recovery. Many of these contingent authorities and actions will lapse when the
declarations themselves lapse or are terminated.
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Contents
Introduction ..................................................................................................................................... 1
Federal Declarations for the COVID-19 Pandemic ......................................................................... 2
Declaration of a Public Health Emergency: PHSA Section 319 ............................................... 4
In General ........................................................................................................................... 4
For the COVID-19 Pandemic Response ............................................................................. 4
Declaration of a National Emergency Under the NEA ............................................................. 9
In General ........................................................................................................................... 9
For the COVID-19 Pandemic Response ............................................................................ 11
Declarations of Emergency and Major Disaster Under the Stafford Act ................................ 15
In General ......................................................................................................................... 15
For the COVID-19 Pandemic Response ........................................................................... 15
Declarations for the Small Business Administration Disaster Loan Program ......................... 28
In General ......................................................................................................................... 28
For the COVID-19 Pandemic Response ........................................................................... 28

Figures
Figure 1. Chronology of Federal Declarations for the COVID-19 Pandemic ................................. 3
Figure 2. Determining the Duration of Actions Ordered by the President Pursuant to the
Declaration of a National Emergency Under the NEA .............................................................. 10
Figure 3. Timeline of Assistance Authorized Under Stafford Act Declarations for
COVID-19 .................................................................................................................................. 19

Tables
Table 1. Public Health Emergency Authorities for the COVID-19 Pandemic Response: A
Snapshot ....................................................................................................................................... 6
Table 2. Duration of the National Emergencies Act (NEA) Declaration for the COVID-19
Pandemic .................................................................................................................................... 12
Table 3. Duration of Emergency Authorities Invoked Pursuant to the Declaration of a
National Emergency for the COVID-19 Pandemic .................................................................... 13
Table 4. Duration of Stafford Act Declarations for the COVID-19 Pandemic .............................. 18
Table 5. Duration of Public Assistance Authorized Under the Stafford Act Declarations
for the COVID-19 Pandemic ...................................................................................................... 21
Table 6. Duration of Individual Assistance Authorized Under the Stafford Act
Declarations for the COVID-19 Pandemic ................................................................................ 26
Table 7. Duration of Small Business Administration Assistance Triggered by COVID-19
Declarations ................................................................................................................................ 30

Contacts
Author Information ........................................................................................................................ 31

Congressional Research Service

Federal Emergency and Major Disaster Declarations for the COVID-19 Pandemic

Congressional Research Service

Federal Emergency and Major Disaster Declarations for the COVID-19 Pandemic

Introduction
On January 31, 2020, then-Secretary of Health and Human Services (HHS) Alex Azar declared a
Public Health Emergency under Section 319 the Public Health Service Act (PHSA) for the
Coronavirus Disease 2019 (COVID-19) pandemic.1 On March 13, 2020, President Donald J.
Trump simultaneously issued Proclamation 9994, which declared a national emergency pursuant
to the National Emergencies Act (NEA),2 and declared an emergency under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (Stafford Act) for the pandemic.3 Subsequently, the
President approved major disaster declaration requests under the Stafford Act for all 50 states,
five territories, the District of Columbia, and the Seminole Tribe of Florida.4 President Joseph R.
Biden Jr. later approved major disaster declaration requests from the Navajo Nation, and the
Poarch Band of Creek Indians for the COVID-19 pandemic. Additionally, on March 16, 2020,
then-Administrator of the U.S. Small Business Administration (SBA) Jovita Carranza began
issuing disaster declarations for SBA Economic Injury Disaster Loans (EIDL) authorized under
the Small Business Act in response to states seeking assistance for small businesses.5
The issuance of multiple federal emergency declarations for COVID-19 has raised congressional
interest in the authorities and duration of each declaration. This report summarizes the different
declarations issued in response to the pandemic and tabulates the forms of assistance authorized
pursuant to each declaration. This report does not discuss provisions activated by the declarations
in six COVID-19 pandemic relief acts enacted in 2020 and 2021 that provided assistance to
individuals, governments, and private organizations, among other measures.6 Many of the
provisions in the pandemic relief acts referred to the federal declarations, including using them to
define the duration of the assistance provided. Those provisions are beyond the current scope of
this report. This report also does not discuss provisions external to the four emergency
frameworks that may be activated by one or more declarations.

1 PHSA, P.L. 78-410, as amended; 42 U.S.C. §§201-300mm–61; U.S. Department of Health and Human Services
(HHS), “Public Health Emergency Declarations,” 2020: Determination that a Public Health Emergency Exists
Nationwide as the Result of the 2019 Novel Coronavirus, January 31, 2020, https://www.phe.gov/emergency/news/
healthactions/phe/Pages/default.aspx. The declaration was made retroactive to January 27, 2020, and has been renewed
several times.
2 NEA, P.L. 94-412, as amended; 50 U.S.C. §§1601 et seq.; the President of the United States of America, “Declaring a
National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak, Proclamation 9994 of March
13, 2020, 85 Federal Register 15337, March 18, 2020, https://www.govinfo.gov/content/pkg/FR-2020-03-18/pdf/2020-
05794.pdf.
3 Stafford Act, P.L. 93-288, as amended; 42 U.S.C. §§5121 et seq.; Letter from Donald J. Trump, President of the
United States, to Acting Secretary Wolf, Secretary Mnuchin, Secretary Azar, and Administrator Gaynor, March 13,
2020 (hereinafter President Trump, Letter on Stafford Act Emergency Declaration for COVID-19),
https://trumpwhitehouse.archives.gov/briefings-statements/letter-president-donald-j-trump-emergency-determination-
stafford-act/.
4 Specific presidential declarations of major disaster for novel coronavirus 2019 (COVID-19) are listed on the FEMA,
“COVID-19 Disaster Declarations” webpage, available at https://www.fema.gov/coronavirus/disaster-declarations, and
the FEMA “Disasters” webpage, available at https://www.fema.gov/disasters.
5 U.S. Small Business Administration, “Notice,” 85 Federal Register 20015, April 9, 2020.
6 Stafford Act Funeral Assistance is included in the report, as this assistance was included in amendments to
Presidential Stafford Act declarations for the pandemic following authorization in two pandemic relief bills, as detailed
below.
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Terms
This report refers to authorities “activated” by a declaration to describe authorities that become available but are
not necessarily invoked fol owing one or more federal declarations of emergency or major disaster. For example,
fol owing the Stafford Act declarations of major disaster for COVID-19, the President may authorize various
forms of assistance under Stafford Act Title IV. These authorities are “activated,” meaning that they are available
for the President to invoke, rather than automatically invoked whenever the declaration is issued.
This report uses “triggered authorities” to refer to authorities automatically invoked pursuant to a federal
declaration. For example, the declaration of a major disaster under the Stafford Act triggers the authorization of
Small Business Economic Injury Disaster Loans (EIDLs) for certain entities, per the Small Business Act Section
7(b).
This report uses “contingent authorities” to refer to authorities external to the four identified emergency
statutory frameworks that are activated or triggered by, or time-limited or otherwise related to, the declarations
for COVID-19.
Federal Declarations for the COVID-19 Pandemic
Declarations of emergency authorized under the PHSA, the NEA, the Stafford Act, and the Small
Business Act differ in scope, purpose, and procedure. This section briefly summarizes these
different types of declarations, their terms, and their particular invocations for the COVID-19
pandemic.7 The timeline of declarations issued under the PHSA, the NEA, the Stafford Act, and
the Small Business Act for the COVID-19 pandemic are delineated in Figure 1.

7 For an in-depth analysis of the legal frameworks behind the three types of emergency authorities and the additional
authorities that may be made available after invocation, see CRS Report R46379, Emergency Authorities Under the
National Emergencies Act, Stafford Act, and Public Health Service Act, coordinated by Jennifer K. Elsea.
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Figure 1. Chronology of Federal Declarations for the COVID-19 Pandemic
Under the Public Health Service Act, the Stafford Act, the National Emergencies Act, and the Small Business Act, as of June 1, 2021

Source: CRS interpretation of notices of declarations for COVID-19 under the PHSA, the Stafford Act, the NEA, and the Small Business Act.
a. In January 2021, the Acting HHS Secretary stated “we have determined that the PHE wil likely remain in place for the entirety of 2021, and when a decision is made to
terminate the declaration or let it expire, HHS wil provide states with 60 days’ notice prior to termination.” Acting HHS Secretary Norris Cochran, Letter to
Governors, January 22, 2021.
b. If the President does not issue a continuation notice within the 90-day period prior to the anniversary date of the emergency declaration (March 13, 2020), the
national emergency is terminated. 50 U.S.C. §1622(d).
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Declaration of a Public Health Emergency: PHSA Section 319
In General
The HHS Secretary may declare a public health emergency (PHE) under PHSA Section 319 in
order to invoke the authorities necessary to respond to and mitigate the threat of a disease or
disorder. This is the broadest public health emergency authority, often referred to by its section
number, “319.”8 The HHS Secretary may declare there to be a PHE under this provision if he/she
determines, after consultation with such public health officials as may be necessary, that—
(1) a disease or disorder presents a public health emergency; or (2) a public health
emergency, including significant outbreaks of infectious diseases or bioterrorist attacks,
otherwise exists.9
A Section 319 PHE declaration expires after 90 days unless the Secretary earlier determines the
emergency no longer exists and terminates the declaration. The declaration also may be renewed
for additional 90-day periods (see Table 1).10
A Section 319 PHE declaration activates numerous authorities specified in the section, or
elsewhere in law.11 These include, at the Secretary’s discretion, authority to waive requirements
that otherwise apply to specified HHS administrative and regulatory actions, and to HHS
grantees, among others.
If a Section 319 PHE is in effect concurrent with a presidential declaration under either the
Stafford Act or the NEA, additional waiver authorities become available to the Secretary under
Section 1135 of the Social Security Act (SSA) (42 U.S.C. §1320b-5). These “1135 waiver”
authorities allow the HHS Secretary and certain other federal officials to waive specified
requirements under the SSA, including requirements imposed on health care facilities and
providers that receive payments from (i.e., “participate in”) the Medicare and Medicaid
programs.12 The 1135 waiver authority grants the HHS Secretary broader discretion to waive
program requirements than is available through a PHSA Section 319 declaration alone.
For the COVID-19 Pandemic Response
In January 2020, the federal government began to express concern over the global outbreak of
COVID-19. By late January, the HHS Secretary had invoked certain standing authorities to direct

8 The HHS Secretary may invoke several other authorities that also refer to a “public health emergency” declared by
the Secretary or other federal official. These include, among others, authorities delegated to the Commissioner of the
U.S. Food and Drug Administration (FDA) to expedite the availability of medical products (drugs, vaccines, etc.) for
emergency response. See 21 U.S.C. §360bbb-3(b). References to a public health emergency declared by the HHS
Secretary ideally cite the specific authority that is invoked.
9 42 U.S.C. §247d(a).
10 42 U.S.C. §247d(a). Section 319 emergencies declared in response to the 2009 H1N1 influenza pandemic and the
2016-2017 Zika virus outbreak were each renewed several times. HHS, “Public Health Emergency Declarations,”
https://www.phe.gov/emergency/news/healthactions/phe/Pages/default.aspx.
11 HHS, Assistant Secretary for Preparedness and Response (ASPR), “Legal Authorities of the Secretary,”
https://www.phe.gov/Preparedness/support/secauthority/Pages/default.aspx; see also CRS Report R46379, Emergency
Authorities Under the National Emergencies Act, Stafford Act, and Public Health Service Act, coordinated by Jennifer
K. Elsea.
12 CRS Legal Sidebar LSB10430, Section 1135 Waivers and COVID-19: An Overview, by Jennifer A. Staman. See also
HHS, ASPR, “1135 waivers,” https://www.phe.gov/Preparedness/legal/Pages/1135-waivers.aspx.
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existing funds to respond to the outbreak. On January 31, 2020, then-HHS Secretary Alex Azar
declared the outbreak to be a public health emergency pursuant to PHSA Section 319,
retroactively dated to January 27, 2020.13
On March 13, 2020, then-HHS Secretary Azar invoked several 1135 waiver authorities
retroactive to March 1. He cited as authority the concurrent declarations under PHSA Section 319
and the presidential declaration under the NEA, also issued on March 13, 2020, to address the
outbreak (which had by then been declared a pandemic).14 (See “Declaration of a National
Emergency Under the NEA”.)15
Duplicate Statutory Reference to the Section 319 PHE Declaration
The Coronavirus Preparedness and Response Supplemental Appropriations Act (P.L. 116-123, the first pandemic
relief act, signed on March 4, 2020) amended SSA Section 1135 (42 U.S.C. §1320b-5). The law added certain
telehealth services waiver authority and enabled this specific 1135 waiver authority based solely on the Section
319 PHE declaration for the COVID-19 pandemic, dispensing with the requirement for a concurrent presidential
declaration in this circumstance.
In the process, the amendment established a duplicate statutory reference in the SSA to the Section 319 PHE
declaration for the COVID-19 pandemic. Specifically, the P.L. 116-123 amended 42 U.S.C. §1320b-5(g) by adding the
reference to the Section 319 PHE declaration for the COVID-19 pandemic as subparagraph 1320b-5(g)(1)(B). This
and subsequent pandemic relief acts include provisions that refer to “42 U.S.C 1320b-5(g)(1)(B)”; “subparagraph
(B) of paragraph (1) of 1320b-5(g)”; or comparable construction, to establish a contingency (such as the duration
of a benefit) for another authority (e.g., unemployment insurance, payments under the Medicare and Medicaid
programs, and others). Of note, whether such a contingent provision for the COVID-19 pandemic refers to the
Section 319 PHE declaration, or the definition of the incident at 42 U.S.C 1320b-5(g)(1)(B), the effect is the same.
The contingency relates to the Section 319 PHE declaration for the COVID-19 pandemic.

13 U.S. Department of Health and Human Services (HHS), “Determination That a Public Health Emergency Exists
Nationwide as the Result of the 2019 Novel Coronavirus,” January 31, 2020, “Public Health Emergency Declarations,”
https://www.phe.gov/emergency/news/healthactions/phe/Pages/default.aspx. The declaration has been renewed several
times.
14 World Health Organization (WHO), “WHO Director-General’s Opening Remarks,” media briefing, March 11, 2020,
https://www.who.int/director-general/speeches/detail/who-director-general-s-opening-remarks-at-the-media-briefing-
on-covid-19—11-march-2020.
15 HHS, “Waiver or Modification of Requirements Under Section 1135 of the Social Security Act,” March 13, 2020,
https://www.phe.gov/emergency/news/healthactions/section1135/Pages/covid19-13March20.aspx.
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Table 1. Public Health Emergency Authorities for the COVID-19 Pandemic Response: A Snapshot
As of June 1, 2021
Declaration(s) for
Citations
Summary
COVID-19 Pandemic
Duration
Public Health
The HHS Secretary may declare there to be a public health On January 31, 2020, then-HHS Secretary Alex
Each declaration remains in effect for 90
Service Act
emergency under this provision if he/she “determines, after Azar declared that the COVID-19 pandemic was days unless terminated by the HHS
(PHSA) §319;
consultation with such public health officials as may be
a public health emergency, nationwide, as of
Secretary. The HHS Secretary may renew
42 USC §247d
necessary, that—(1) a disease or disorder presents a public January 27, 2020.
the declaration for additional 90-day
health emergency; or (2) a public health emergency,
periods, as long as he/she determines that
including significant outbreaks of infectious diseases or
the emergency stil exists.
bioterrorist attacks, otherwise exists….”

Upon such declaration the HHS Secretary and certain
The declaration of a Public Health
other federal officials may waive certain requirements and
Emergency under the PHSA was renewed
take such other actions as are specified in PHSA §319 or
on April 21, July 23, and October 2, 2020,
elsewhere in law.
and January 7, and April 21, 2021.a
Social Security
The “1135 waivers” allow the HHS Secretary and certain
On March 13, 2020, fol owing the President’s
The 1135 waiver authority is in effect for
Act (SSA) §1135;
other federal officials to waive certain requirements “to
NEA declaration and the HHS Secretary’s
the time period during which the
42 USC §1320b-
ensure to the maximum extent feasible, in any emergency
earlier PHSA § 319 declaration, then-HHS
secretarial and presidential declarations
5
area and during an emergency period [as defined]
Secretary Alex Azar announced waivers and
are in effect concurrently.
“(1) that sufficient health care items and services are
modifications of Medicare, Medicaid, and CHIP

available to meet the needs of individuals in such area
program requirements, retroactive to March 1,
enrol ed in the programs under [the Medicare, Medicaid,
to address the COVID-19 pandemic.b
Then-HHS Secretary Alex Azar
and CHIP programs]; and
announced 1135 waivers, citing as
Under the Coronavirus Preparedness and
“(2) that health care providers [as defined…] that furnish
authority the concurrent declarations
Response Supplemental Appropriations Act,
such items and services in good faith, but that are unable to
under PHSA §319 and the National
2020 (P.L. 116-123, enacted on March 4, 2020),
comply with one or more [specified] requirements…, may
Emergencies Act. The NEA declaration
Congress amended the 1135 waiver authority to
be reimbursed for such items and services and exempted
was made by the President on March 13,
provide for the use of certain newly added
from sanctions for such noncompliance, absent any
2020, also retroactive to March 1.c
telehealth services waiver authority in the
determination of fraud or abuse.”
geographic area and during the emergency

The 1135 waiver authority grants the HHS Secretary
period stated in “(i) the public health emergency Under the amendments made by
broader discretion to waive program requirements than is
declared by the Secretary pursuant to section
Coronavirus Preparedness and Response
available through a PHSA §319 declaration alone. The
247d of this title on January 31, 2020, entitled
Supplemental Appropriations Act, 1135
authority requires a dual declaration; namely, a PHSA §319
‘Determination that a Public Health Emergency
waivers for certain telehealth services are
declaration (made by the HHS Secretary) and a presidential Exists Nationwide as the Result of the 2019
enabled for the duration of the COVID-19
declaration under either the Stafford Act or the National
Novel Coronavirus’; and (ii) any renewal of such PHSA §319 declaration.
Emergencies Act (NEA).
declaration pursuant….” As a result of this
construction, 1135 waivers for telehealth
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Declaration(s) for
Citations
Summary
COVID-19 Pandemic
Duration
services are enabled for the duration of the
COVID-19 PHSA §319 declaration alone. A
concurrent presidential declaration under the
NEA or Stafford Act is not required.
Other public
The term “public health emergency” appears in several
On February 4, 2020, then-HHS Secretary Alex
Variable.
health
contexts in the U.S. Code.
Azar determined that the COVID-19 pandemic
emergency

was a public health emergency with significant

Some uses of the term are within PHSA §319 itself or
authorities
make explicit reference to that section.d
potential to affect national security, justifying the
authorization of emergency use (i.e., EUA) of

Some provisions in law require official actions when it
certain drugs and biological products (including
is determined that a “public health emergency” exists
COVID-19 tests).g Numerous products have
with respect to another specific purpose or hazard,
since received EUA designations.
distinct from the PHSA §319 authority. Examples
include allowing the emergency use of a medical
On March 10, 2020, then-HHS Secretary Alex
product (EUA),e providing certain liability immunity
Azar determined that the COVID-19 pandemic
related to designated medical “covered
presented a public health emergency for the
countermeasures,” or responding to a hazardous
purposes of providing certain liability immunity
chemical exposure.f
and injury compensation for losses relating to
the administration or use of “Covered

Some provisions simply use the term “public health
Countermeasures.” Per the announcement,
emergency” to refer to a state of affairs without
“Covered Countermeasures are any antiviral,
authorizing or requiring any particular action.
any other drug, any biologic, any diagnostic, any
other device, or any vaccine, used to treat,
diagnose, cure, prevent, or mitigate COVID-19,
or the transmission of SARS-CoV-2 or a virus
mutating therefrom, or any device used in the
administration of any such product, and all
components and constituent materials of any
such product.”h This action was taken pursuant
to authorities in the Public Readiness and
Emergency Preparedness Act (PREP Act).i
Notes:
a. HHS, “Public Health Emergency Declarations,” https://www.phe.gov/emergency/news/healthactions/phe/Pages/default.aspx.
b. HHS, “Waiver or Modification of Requirements Under Section 1135 of the Social Security Act,” March 13, 2020, https://www.phe.gov/emergency/news/
healthactions/section1135/Pages/covid19-13March20.aspx.
c. CRS Insight IN11264, Presidential Declarations of Emergency for COVID-19: NEA and Stafford Act, by L. Elaine Halchin and Elizabeth M. Webster.
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d. These explicit references are found in Table 3 in CRS Report R46379, Emergency Authorities Under the National Emergencies Act, Stafford Act, and Public Health Service
Act, coordinated by Jennifer K. Elsea.
e. CRS In Focus IF10745, Emergency Use Authorization and FDA’s Related Authorities, by Agata Bodie.
f.
CRS Report R41039, Comprehensive Environmental Response, Compensation, and Liability Act: A Summary of Superfund Cleanup Authorities and Related Provisions of the Act,
by David M. Bearden.
g. HHS, “Determination of Public Health Emergency,” 85 Federal Register 7316, February 7, 2020. This determination, made pursuant to §564 of the Federal Food,
Drug, and Cosmetic Act, is distinct from the Public Health Emergency declaration made pursuant to PHSA §319.
h. HHS, “Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID-19,” 85 Federal Register 15198,
March 17, 2020.
i.
CRS Legal Sidebar LSB10443, The PREP Act and COVID-19: Limiting Liability for Medical Countermeasures, by Kevin J. Hickey.

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Declaration of a National Emergency Under the NEA
In General
Under the National Emergencies Act (NEA), the President may declare a national emergency.16
Upon issuing a declaration, or subsequently, he may invoke one or more emergency authorities,
found in several different titles of the U.S. Code. These authorities allow the President or (in
some cases) another government official to take action to respond to the emergency, such as
exercising a specific authority, imposing a limitation, establishing an entity, or waiving or
revising a requirement.17
Generally, although the initial duration of national emergencies has been one year,18 there is no
established term. An emergency may be terminated at any time. Three options are available for
terminating a national emergency (see Table 2).
 The President issues a proclamation terminating the emergency;19
 Congress passes and the President signs a joint resolution terminating the
emergency;20 or
 The President does not issue a continuation notice within 90 days prior to the
anniversary date of the emergency declaration.21
If a President does issue a continuation notice within the prescribed 90-day time frame, then the
emergency is extended for another year, unless earlier terminated.22

16 50 U.S.C. §§1601 et seq. The NEA does not contain a definition of national emergency. See CRS Report 98-505,
National Emergency Powers, by L. Elaine Halchin, pp. 3-4, and CRS Legal Sidebar LSB10267, Definition of National
Emergency under the National Emergencies Act, by Jennifer K. Elsea, for discussions of emergency and national
emergency, respectively.
17 See CRS Report R46379, Emergency Authorities Under the National Emergencies Act, Stafford Act, and Public
Health Service Act, coordinated by Jennifer K. Elsea, for a list of NEA emergency authorities relevant to the
declaration of a national emergency related to the COVID-19 pandemic. The Brennan Center for Justice also has
compiled a list of emergency authorities: A Guide to Emergency Powers and Their Use, at
https://www.brennancenter.org/sites/default/files/legislation/Emergency%20Powers_Printv2.pdf.
18 See Table 3 in CRS Report 98-505, National Emergency Powers, by L. Elaine Halchin.
19 50 U.S.C. §1622(a)(2).
20 50 U.S.C. §1622(a)(1).
21 50 U.S.C. §1622(d).
22 Ibid.
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Figure 2. Determining the Duration of Actions Ordered by the President Pursuant to the
Declaration of a National Emergency Under the NEA

Source: CRS analysis and 50 U.S.C. §1622(a), (c)-(d).
a. “[S]uch termination shall not affect [the duration of]—(A) any action taken or proceeding pending not finally concluded or determined on such date; (B) any action
or proceeding based on any act committed prior to such date; or (C) any rights or duties that matured or penalties that were incurred prior to such date.” 50
U.S.C. §1622(a). While these exceptions would apply when a national emergency is terminated by presidential proclamation, or by a joint resolution terminating the
emergency that has been passed by Congress and signed by the President, it appears they would not apply when a national emergency is terminated because the
President did not issue a continuation notice within the 90-day period prior to the anniversary date of the emergency declaration.
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For the COVID-19 Pandemic Response
On March 13, 2020, President Trump issued Proclamation 9994 in which he “proclaim[ed] that
the COVID-19 outbreak in the United States constitutes a national emergency, beginning March
1, 2020.”23 The President invoked SSA Section 1135 in this proclamation, which permitted the
HHS Secretary “to temporarily waive or modify certain requirements of the Medicare, Medicaid,
and State Children’s Health Insurance programs and of the Health Insurance Portability and
Accountability Act Privacy Rule.”24 Subsequently, the President issued two executive orders and
one memorandum that invoked a total of seven additional emergency authorities (see Table 3).
These additional emergency authorities involve customs duties (one emergency authority), the
military’s ready reserve (one), the Coast Guard (four), and the Department of Veterans Affairs
(one).

23 The President of the United States of America, “Declaring a National Emergency Concerning the Novel Coronavirus
Disease (COVID-19) Outbreak,” Proclamation 9994 of March 13, 2020, 85 Federal Register 15337, March 18, 2020,
https://www.govinfo.gov/content/pkg/FR-2020-03-18/pdf/2020-05794.pdf.
24 Ibid.
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Table 2. Duration of the National Emergencies Act (NEA) Declaration for the COVID-19 Pandemic
As of June 1, 2021
Declaration
Statutory
Emergency
Relationship to Other COVID-
(Date Signed)
Authority
Authorities
Scope
Time Period
19 Federal Declarations
Proclamation 9994
National
Upon declaring a
Nationwide
Emergency declaration effective
The declaration of a national
(March 13, 2020)
Emergencies Act
national emergency,
March 1, 2020.
emergency under the NEA does not
50 U.S.C. §§1601 et
or subsequent to
The national emergency declaration
depend upon other executive
seq.
doing so, a President
wil be terminated when:
declarations. However, certain
may invoke one or
emergency authorities invoked
more emergency
(1) the President issues a
under the NEA may be contingent
authorities.a
proclamation that terminates the
upon other declarations, as detailed
national emergency;
in Table 3.
(2) the President does not issue a
continuation notice within 90-days
prior to the anniversary of the
declaration;b or
(3) Congress passes and the
President signs a joint resolution
that terminates it.c
Notes:
a. See Table 3 for the specific emergency authorities invoked pursuant to the emergency declared in Proclamation 9994.
b. If the President does not issue a continuation notice within the specified time frame, the emergency wil terminate.
c. 50 U.S.C. §1622(a), (c), (d).
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Table 3. Duration of Emergency Authorities Invoked Pursuant to the Declaration of a National Emergency for the COVID-19
Pandemic
As of June 1, 2021
Invocation of Emergency
Authority for the COVID-
Action Authorized by Invocation of
Duration of Emergency
Emergency Authority
19 Pandemic (Date Signed)
Applicability
Emergency Authoritya
Authority
10 U.S.C. §12302
E.O. 13912
Dept. of Defense
“An authority designated by the Secretary
The authority shall cease to be
(March 27, 2020)
[of Defense] … may, without the consent
exercised after the date of
of the persons concerned, order any unit,
termination of the national
and any member not assigned to a unit
emergency, unless one of three
organized to serve as a unit, in the Ready
exceptions applies.b
Reserve under the jurisdiction of that
Secretary [of the Air Force, Navy, or
Army] to active duty for not more than 24
consecutive months.”
14 U.S.C. §2127
E.O. 13912
U.S. Coast Guard
The Secretary of Homeland Security “may
The authority shall cease to be
(March 27, 2020)
order any regular officer on the retired list
exercised after the date of
to active duty.”
termination of the national
emergency, unless one of three
exceptions applies.b
14 U.S.C. §2308
E.O. 13912
U.S. Coast Guard
The Commandant of the Coast Guard
The authority shall cease to be
(March 27, 2020)
“may order any enlisted member on the
exercised after the date of
retired list to active duty.”
termination of the national
emergency, unless one of three
exceptions applies.b
14 U.S.C. §2314
E.O. 13912
U.S. Coast Guard
The Secretary of Homeland Security may
The authority shall cease to be
(March 27, 2020)
prescribe regulations for detaining “an
exercised after the date of
enlisted member beyond the term of his
termination of the national
enlistment.”
emergency, unless one of three
exceptions applies.b
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Invocation of Emergency
Authority for the COVID-
Action Authorized by Invocation of
Duration of Emergency
Emergency Authority
19 Pandemic (Date Signed)
Applicability
Emergency Authoritya
Authority
14 U.S.C. §3735
E.O. 13912
U.S. Coast Guard
The President is permitted to defer the
The authority shall cease to be
(March 27, 2020)
end-strength limitation on the authorized
exercised after the date of
number of officers in the Coast Guard
termination of the national
Reserve if “at the end of any fiscal year
emergency, unless one of three
there is in effect a declaration of war or
exceptions applies.b
national emergency … for a period not to
exceed 6 months after the end of the war
or termination of the national emergency.”
50 U.S.C. §§1431 et seq.
Presidential Memorandum
Dept. of Veterans Affairs
The Secretary of Veterans Affairs is
The memorandum terminated on
(April 10, 2020)
authorized to make advance payments to
September 30, 2020.
contractors who are performing work in
support of the department’s efforts to
combat COVID-19. This authority is
subject to certain conditions and
limitations specified in 50 U.S.C. §§1431 et
seq.
19 U.S.C. §1318(a)
E.O. 13916
Dept. of the Treasury
The Secretary of the Treasury is permitted
The authority shall cease to be
(April 18, 2020)
“to temporarily extend deadlines, for
exercised after the date of
importers suffering significant financial
termination of the national
hardship because of COVID–19, for the
emergency, unless one of three
estimated payments described therein,
exceptions applies.b
other than those assessed pursuant to
sections 1671, 1673, 1862, 2251, and 2411
of title 19, United States Code.”
Notes:
a. The sources for the information in this column are the respective statutory authorities listed in the first column (“Emergency Authority”) of this table.
b. 50 U.S.C. §1622(a). “[A]ny powers or authorities exercised by reason of said emergency shall cease to be exercised after such specified date, except that such
termination shall not affect—
(A) any action taken or proceeding pending not finally concluded or determined on such date;
(B) any action or proceeding based on any act committed prior to such date; or
(C) any rights or duties that matured or penalties that were incurred prior to such date.”
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Federal Emergency and Major Disaster Declarations for the COVID-19 Pandemic

Declarations of Emergency and Major Disaster Under the Stafford
Act
In General
The President may declare an emergency or major disaster under the Stafford Act to provide
assistance to states, tribes, and territories affected by hazards, particularly natural catastrophes
like hurricanes, fires, and tornadoes.25
Stafford Act declarations do not expire, though statutes, regulations, and program guidance limit
the duration of specific assistance programs authorized pursuant to Stafford Act declarations and
administered by the Federal Emergency Management Agency (FEMA).26 Additionally, FEMA
determines the dates of the “incident period” or the interval during which an incident occurred;
only costs incurred during this time are eligible for Stafford Act assistance.27 For example, a
hurricane’s incident period may reflect several days during which winds, flooding, and storm
surge caused injuries and physical damage. In the case of emergency declarations, the incident
period may begin prior to a hazard’s arrival, in order to provide advance assistance for emergency
preparations. Stafford Act programs authorized through a declaration for the hurricane may then
provide assistance to cover the cost of losses suffered during the incident period.
Individual forms of assistance authorized through Stafford Act declarations each have different
periods of availability, though these may be extended.28 When all of the individual projects and
programs authorized through a Stafford Act declaration conclude, FEMA may close out the
assistance authorized through the declaration.29 As declaration closeouts are driven by the
closeout of individual projects and programs, declaration durations differ.
For the COVID-19 Pandemic Response
On March 13, 2020, President Trump unilaterally declared an emergency pursuant to Stafford Act
section 501(b), authorizing assistance for COVID-19 response efforts for all U.S. states,

25 See CRS Report R42702, Stafford Act Declarations 1953-2016: Trends, Analyses, and Implications for Congress, by
Bruce R. Lindsay.
26 Time limitations for Stafford Act Assistance are established in 44 C.F.R. §206.204(c)-(d) for Public Assistance for
state, tribal, territorial, local governments, and eligible private nonprofits; 42 U.S.C. §5174(c)(1)(B)(iii) and 44 C.F.R.
§206.110(e) for the Individuals and Households Program, a form of Individual Assistance (IA), and FEMA’s Individual
Assistance Program and Policy Guide (IAPPG), FP 104-009-03, January 2019, for all forms of IA; and 44 C.F.R.
§206.436 for FEMA’s Hazard Mitigation Grant Program for projects that may reduce the loss of life or property from
future hazards.
27 44 C.F.R. §206.32(f). FEMA determines the “incident period” during which an incident occurred and caused
sufficient injury or damage to warrant Stafford Act assistance.
28 For example, see information on completion deadlines and extensions for FEMA’s Public Assistance grants for state,
local, tribal, and territorial governments and eligible non-profits in 44 C.F.R. §206.204(c)-(d).
29 As described in FEMA, Public Assistance Program and Policy Guide V. 4, effective June 1, 2020, pp. 199-203,
https://www.fema.gov/sites/default/files/documents/fema_pappg-v4-updated-links_policy_6-1-2020.pdf, and
Department of Homeland Security Office of Inspector General, Opportunities to Improve FEMA’s Disaster Closeout
Process, OIG-10-49, January 2010, https://www.ecfr.gov/cgi-bin/text-idx?SID=
389e9786fecc0ab9157777f5184f9311&mc=true&tpl=/ecfrbrowse/Title44/44cfrv1_02.tpl#0.
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Federal Emergency and Major Disaster Declarations for the COVID-19 Pandemic

territories, and the District of Columbia.30 This emergency declaration for COVID-19 authorized
one form of FEMA assistance: Public Assistance emergency protective measures.31
This emergency declaration was unprecedented in several ways. The declaration marked the first
time any President has declared a Stafford Act emergency effective for all jurisdictions
nationwide, and the first time the president issued such an expansive declaration unilaterally.32
Generally, the President issues an emergency declaration at the request of a governor or tribal
chief executive when state, tribal, territorial, and local resources are insufficient to respond and
recover.33 Historically, unilateral declarations under Stafford Act 501(b) have authorized
assistance for specific jurisdictions in relationship to the destruction of federal property—for
example, providing aid to the State of Oklahoma following the bombing of the federal courthouse
in Oklahoma City.34 There is also limited precedent for issuing Stafford Act emergency
declarations in response to public health incidents.35
The Stafford Act does not authorize the President to unilaterally declare major disasters; the
President may only make such declarations upon request from a governor or tribal chief
executive. President Trump’s Stafford Act emergency declaration explicitly invited governors and
tribal chief executives to submit requests for major disaster declarations, stating:
I believe that the disaster is of such severity and magnitude nationwide that requests for a
declaration of a major disaster as set forth in section 401(a) of the Stafford Act may be
appropriate…. I encourage all governors and tribal leaders to consider requesting Federal
assistance under this provision of the Stafford Act, pursuant to the statutory criteria. I stand
ready to expeditiously consider any such request.36
Subsequently, governors and tribal chief executives submitted requests for major disaster
declarations for the COVID-19 pandemic, and President Trump declared major disasters for all 50
states, five territories, the District of Columbia, and the Seminole Tribe of Florida (see Table 4
for details on the types of assistance authorized for the different Stafford Act declarations for the
pandemic).37 President Biden later approved the major disaster declaration requests of the Navajo
Nation and the Poarch Band of Creek Indians for the COVID-19 pandemic. These declarations
were also unprecedented; no president has issued major disaster declarations for any infectious

30 Authorized pursuant to 42 U.S.C. §5191(b), §501 of the Stafford Act (P.L. 93-288). President Trump, Letter on
Stafford Act Emergency Declaration for COVID-19.
31 Authorized pursuant to 42 U.S.C. §5192, Section 502 of the Stafford Act (P.L. 93-288). President Trump, Letter on
Stafford Act Emergency Declaration for COVID-19.
32 See CRS Insight IN11229, Stafford Act Assistance for Public Health Incidents, by Erica A. Lee and Bruce R.
Lindsay; and CRS Insight IN11251, The Stafford Act Emergency Declaration for COVID-19, by Erica A. Lee, Bruce R.
Lindsay, and Elizabeth M. Webster.
33 As described in Stafford Act Section 401 (42 U.S.C. §5170(a)-(b)).
34 FEMA, “Notice: Oklahoma; Emergency and Related Determinations,” 60 Federal Register 22579, May 8, 1995.
35 See CRS Insight IN11251, The Stafford Act Emergency Declaration for COVID-19, by Erica A. Lee, Bruce R.
Lindsay, and Elizabeth M. Webster; and CRS Insight IN11229, Stafford Act Assistance for Public Health Incidents, by
Erica A. Lee and Bruce R. Lindsay.
36 President Trump, Letter on Stafford Act Emergency Declaration for COVID-19.
37 Authorized pursuant to Stafford Act Section 401 (42 U.S.C. §5170(a)-(b)). Specific presidential declarations of
major disaster for novel coronavirus 2019 (COVID-19) are listed on the FEMA, “COVID-19 Disaster Declarations”
webpage, available at https://www.fema.gov/coronavirus/disaster-declarations, and the FEMA “Disasters” webpage,
available at https://www.fema.gov/disasters.
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disease incident.38 The timeline of the declarations and assistance authorized pursuant to the
Stafford Act declarations for COVID-19 is illustrated in Figure 3.

38 See CRS Insight IN11229, Stafford Act Assistance for Public Health Incidents, by Erica A. Lee and Bruce R.
Lindsay.
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Table 4. Duration of Stafford Act Declarations for the COVID-19 Pandemic
As of June 1, 2021
Declaration or Agency
Action
Geography
Authorities
Assistance Provided
Duration
Stafford Act Declarations
The Stafford Act
Public Assistance: Stafford Act §502 Public Assistance: The
Stafford Act declarations do not
The President’s March 13, 2020,
Declaration of
(42 U.S.C. §5192) for the Emergency
Emergency Declaration and all
have specific end dates or
Declaration of Emergency under Emergency covers all Declaration, and Stafford Act §§402
Major Disaster Declarations
periods established in
Stafford Act §501(b) and
jurisdictions within
and 403 (42 U.S.C. §§5170a and
authorized FEMA Public
regulations or statute.
subsequent Major Disaster
the United States
5170b) for the Major Disaster
Assistance—Emergency

Declarations under Stafford Act

Declarations.
Protective Measures (as detailed
As of June 4, 2021, the incident
§401.
in Table 5).
All 50 states, five

periodsa for the COVID-19
territories, three
Individual Assistance: Stafford Act

Stafford Act declarations were
federally recognized
§416 (42 U.S.C. §5183) for some
Individual Assistance: 54
listed as “January 20, 2020 and
tribes, and
Major Disaster Declarations
Major Disaster Declarations
continuing.” FEMA may
Washington, DC,
authorizing Crisis Counseling
authorized Individual
determine the end of the
have also been
Assistance and Training Program
Assistance—Crisis Counseling
incident period for COVID in
approved for major
(CCP)); Presidential Memorandum—
Assistance and Training Program coordination with HHS, per pre-
disaster declarations
Authorization of the Lost Wages
(CCP) (49 states, 3 territories,
established FEMA guidance.b
under the Stafford
Assistance Program; and for Funeral
and Washington, DC, were

Act.
Assistance, Title II of Division M of
authorized to receive CCP).
the Consolidated Appropriations Act,
Subsequently, the President
Specific FEMA assistance
2021 (P.L. 116-260), §4006 of the
authorized Lost Wages
programs have additional time
American Rescue Plan Act of 2021
Assistance, a form of Other
limitations, which are generally
(P.L. 117-2), and amendments to the
Needs Assistance (as detailed in
associated with the date of the
pandemic major disaster declarations.
Table 6).
presidential declaration of
emergency or major disaster
(see Tables 5-6).
Source: FEMA, “COVID-19 Declarations,” https://www.fema.gov/disasters/coronavirus/disaster-declarations#.
Note:
a. FEMA defines the time period during which the incident prompting a Stafford Act declaration occurs as the “incident period” (44 C.F.R. §206.32(e)). The incident
period determines when costs eligible for Stafford Act assistance may be incurred.
b. FEMA, “Infectious Disease Event,” FP 104-009-1, fact sheet, p. 2, https://www.fema.gov/media-library-data/1464717519589-ba4712cb1eab5dfb47636b8a2a108676/
InfectiousDiseaseFactSheetORR05132016.pdf.

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Figure 3. Timeline of Assistance Authorized Under Stafford Act Declarations for COVID-19
As of June 1, 2021

Source: CRS interpretation of presidential declarations and memoranda and FEMA guidance, including FEMA, “Coronavirus (COVID-19) Pandemic: Work Eligible for
Public Assistance (Interim),” FEMA Policy FP 104-009-19, September 1, 2020; FEMA, “FEMA Statement on 100% Cost Share,” February 3, 2021; FEMA, “Public Assistance
Disaster-Specific Guidance—COVID-19 Declarations.”
Note: The Stafford Act declarations authorized Public Assistance for eligible costs incurred after Jan. 20, 2020, the beginning of the “incident period” of the pandemic.

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Federal Emergency and Major Disaster Declarations for the COVID-19 Pandemic

Public Assistance
Major disaster declarations for COVID-19 all authorized Public Assistance for emergency
protective measures (see Table 5). FEMA determined that the “incident period” during which the
COVID-19 pandemic took place began on January 20, 2020. As of June 4, 2021, the incident
period is still “ongoing.”39 FEMA guidance initially limited the availability of Public Assistance
for the COVID-19 pandemic for particular types of activities (e.g., emergency medical care,
alternate care sites, purchase and distribution of food, and sheltering), to the duration of the PHE
under the PHSA.40 FEMA has since eliminated these limitations and determined that PA would be
provided indefinitely; any new deadlines will be announced at least 30 days before they come
into effect.41 FEMA retained distinct deadlines for assistance for the mobilization of the National
Guard under Title 32, which was authorized through March 31, 2021, under the Trump
Administration.42
President Biden revised certain terms of FEMA Public Assistance for the pandemic upon
assuming office in January 2021, including those related to the mobilization of the National
Guard. On January 21, 2021, the President issued an Executive Order that increased the federal
cost share for Public Assistance for the costs of mobilizing the National Guard and for specific
costs for the safe opening and operation of eligible public and nonprofit facilities to 100%
through September 30, 2021.43

39 See incident period listed for specific declarations at FEMA, “COVID-19 Declarations,” https://www.fema.gov/
covid-19.
40 Authorized pursuant to Stafford Act Sections 402, 403, 418, 419, and 502 (42 U.S.C. §§5170a-5170b, 5173, 5185-
86, 5192).
41 FEMA, “Coronavirus (COVID-19) Pandemic: Work Eligible for Public Assistance (Interim) FEMA Policy FP 104-
009-19,” September 1, 2020, p. 7, https://www.fema.gov/sites/default/files/2020-09/fema_public-assistance-eligibility-
for-covid_policy_9-1-2020.pdf; Assistant Administrator of FEMA Recovery Directorate Keith Turi, Memorandum
regarding COVID-19 Emergency Work Completion Deadline, August 24, 2020, provided to CRS by FEMA Office of
Congressional and Legislative Affairs.
42 FEMA, “National Guard Deployment Extended to Support COVID-19 Response,” updated December 14, 2020,
https://www.fema.gov/fact-sheet/national-guard-deployment-extended-support-covid-19-response.
43 President Joseph R. Biden Jr., “Memorandum to Extend Federal Support to Governors’ Use of the National Guard to
Respond to COVID-19 and to Increase Reimbursement and Other Assistance Provided to States,” January 21, 2021,
https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/21/extend-federal-support-to-governors-use-
of-national-guard-to-respond-to-covid-19-and-to-increase-reimbursement-and-other-assistance-provided-to-states/;
President Joseph R. Biden Jr., “Memorandum on Maximizing Assistance from the Federal Emergency Management
Agency,” February 2, 2021, https://www.whitehouse.gov/briefing-room/presidential-actions/2021/02/02/memorandum-
maximizing-assistance-from-the-federal-emergency-management-agency/.
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Table 5. Duration of Public Assistance Authorized Under the Stafford Act Declarations for the COVID-19 Pandemic
As of June 1, 2021
Declaration or Agency
Action
Geography
Authorities
Assistance Provided
Duration
The President’s March 13,
The Stafford Act
Stafford Act §502 (42
Authorized Public Assistance for
For COVID-19, FEMA indefinitely
2020, Declaration of
Declaration of Emergency
U.S.C. §5192) for the
Emergency Protective
authorized Public Assistance for
Emergency under Stafford
covers all jurisdictions
Emergency Declaration,
Measures, which reimburses at least emergency protective measures and
Act §501(b) and all
within the United States.
and Stafford Act §§402-403
75% of eligible costs incurred by
wil provide 30 days’ notice prior to
subsequent Major Disaster

(42 U.S.C. §§5170a and
state, tribal, territorial, local
a new deadline.a
Declarations under Stafford
5170b) for Major Disaster
governments, and eligible private

Act §401.
All 50 states, five
Declarations.
nonprofits (eligible Applicants) while
territories, three federal
performing eligible activities in
The 100% federal cost share is
recognized tribes, and
response to COVID-19, as detailed
available for certain costs for specific
Washington, DC, have
below.
periods of time, as detailed below.b
been approved for major
disaster declarations under
President Biden increased the federal
the Stafford Act.
cost share of certain costs eligible for
PA to 100% for specific time periods.

Provides financial or direct assistance
Indefinite, subject to a deadline FEMA
to Applicants for eligible
wil establish with 30 days’ notice.
emergency medical care.c
100% cost share applicable to costs
incurred from January 20, 2020,
through September 30, 2021.b

Provides financial or direct assistance
Indefinite, subject to a deadline FEMA
to Applicants for vaccine
wil establish with 30 days’ notice.a
administration and distribution,

including for PPE, equipment,
emergency medical supplies and care, 100% cost share applicable to costs
transportation, facility support,
incurred from January 20, 2020,
additional staff, medical waste
through September 30, 2021.b, e
disposal, and communications.d

Provides financial or direct assistance
Indefinitely, subject to a deadline
to Applicants for alternate care
FEMA will establish with 30 days’
sites, including temporary and
notice.a
expanded medical facilities.f
FEMA only approves assistance for
costs for alternate care sites for
CRS-21

Declaration or Agency
Action
Geography
Authorities
Assistance Provided
Duration
specific states, tribes, and territories
on a monthly basis.f
100% cost share applicable to costs
incurred from January 20, 2020,
through September 30, 2021.b

Provides financial or direct assistance
Indefinite, subject to a deadline FEMA
to Applicants for the purchase and
wil establish with 30 days’ notice.a
distribution of food for specific
FEMA only authorizes assistance for
populations, including high-risk
food purchase and distribution costs
populations and those diagnosed with for specific states, tribes, and
or exposed to COVID-19.g
territories in 30-day increments,
based on documentation of need.g
100% cost share applicable to costs
incurred from January 20, 2020,
through September 30, 2021.b

Provides financial or direct assistance
Indefinite, subject to a deadline FEMA
to Applicants for non-congregate
wil establish with 30 days’ notice.a, h
sheltering, including medical
100% cost share applicable to costs
sheltering, for specific populations.h
incurred from January 20, 2020,
through September 30, 2021.b

Reimburses Applicants for the costs
Indefinite, subject to a deadline FEMA
of the mobilization of National
wil establish with 30 days’ notice.a
Guard executing eligible emergency
100% cost share applicable to costs
protective measures in response to
incurred from January 20, 2020,
the COVID-19 pandemic.b
through September 30, 2021.b

President Trump’s March
The Stafford Act
Stafford Act §502 (42
Provides financial or direct assistance
President Biden authorized PA for
13, 2020, Declaration of
Declaration of Emergency
U.S.C. 5192) for the
to Applicants for the safe reopening eligible facility reopening and
Emergency under Stafford
covers all jurisdictions
Emergency Declaration,
and operation of certain eligible
operation costs of mobilizing at 100%
Act §501(b), all subsequent
within the United States.
and Stafford Act §§402 403
facilities during the COVID-19
federal cost share from January 21,
Major Disaster

(42 U.S.C. §§5170a-5170b)
pandemic.b, i
2021, through September 30, 2021.b, i
Declarations under Stafford
for Major Disaster

Act §401, and President
All 50 states, five
Declarations
Biden’s authorization of
territories, three federal

CRS-22

Declaration or Agency
Action
Geography
Authorities
Assistance Provided
Duration
Public Assistance for
recognized tribes, and
reopening and operating
Washington, DC, have
costs.b
been approved for major
disaster declarations under
the Stafford Act.
Source: CRS interpretation of FEMA, “Public Assistance Disaster-Specific Guidance—COVID-19 Declarations.”
Notes: Agency guidance may change at any time.
a. Per 44 C.F.R. §206.204 (c)-(d), PA for emergency protective measures must be completed six months from the relevant Stafford Act declaration date. FEMA
extended these deadlines indefinitely, and wil provide 30 days’ notice in advance of the new deadline. See FEMA, “Coronavirus (COVID-19) Pandemic: Work
Eligible for Public Assistance (Interim) FEMA Policy FP 104-009-19,” September 1, 2020, p. 7, https://www.fema.gov/sites/default/files/2020-09/fema_public-assistance-
eligibility-for-covid_policy_9-1-2020.pdf; Assistant Administrator of FEMA Recovery Directorate Keith Turi, Memorandum regarding COVID-19 Emergency Work
Completion Deadline, August 24, 2020, provided to CRS by FEMA Office of Congressional and Legislative Affairs.
b. President Joseph R. Biden, Jr., “Memorandum to Extend Federal Support to Governors’ Use of the National Guard to Respond to COVID-19 and to Increase
Reimbursement and Other Assistance Provided to States,” https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/21/extend-federal-support-to-
governors-use-of-national-guard-to-respond-to-covid-19-and-to-increase-reimbursement-and-other-assistance-provided-to-states/; and President Joseph R. Biden, Jr.,
“Memorandum on Maximizing Assistance from the Federal Emergency Management Agency,” February 2, 2021, https://www.whitehouse.gov/briefing-room/
presidential-actions/2021/02/02/memorandum-maximizing-assistance-from-the-federal-emergency-management-agency/.
c. FEMA, “Coronavirus (COVID-19) Pandemic: Medical Care Costs Eligible for Public Assistance,” FP 104-010-04, May 9, 2020, p. 3, https://www.fema.gov/sites/
default/files/2020-06/PA_Medical_Care_Policy_for_COVID-19_508.pdf; FEMA, “Coronavirus (COVID-19) Pandemic: Medical Care Eligible for Public Assistance,”
(Interim) (Version 2) FEMA Policy #104-21-0004, March 15, 2021, https://www.fema.gov/sites/default/files/documents/fema_public-assistance-covid-19-medical-care-
v2-with-equity-job-aid_policy_3-15-2021.pdf.
d. FEMA, “COVID-19 Pandemic: Vaccination Planning FAQ,” November 19, 2020, pp. 3-4, https://www.fema.gov/sites/default/files/documents/fema_covid-19-
vaccination-planning_faq_11-19-2020.pdf.
e. FEMA has announced reimbursement of 100% of vaccine administration and distribution costs for several states. See, for example, FEMA, “FEMA Obligates $51.6
Mil ion to Alabama for COVID-19 Vaccination Costs,” January 30, 2021, https://www.fema.gov/press-release/20210131/fema-obligates-516-mil ion-alabama-covid-19-
vaccination-costs.
f.
FEMA, “Coronavirus (COVID-19) Pandemic: Alternate Care Site (ACS) ‘Warm Sites,’” May 12, 2020, https://www.fema.gov/sites/default/files/2020-07/
fema_covid_alernate-care-site_warm-sites_factsheet.pdf.
g. FEMA, “Coronavirus (COVID-19) Pandemic: Purchase and Distribution of Food Eligible for Public Assistance,” FP 104-010-03, April 11, 2020, https://www.fema.gov/
sites/default/files/2020-07/fema_covid_purchase-and-distributions-of-food_policy.pdf.
h. FEMA, “Coronavirus (COVID-19) Pandemic: Non-Congregate Sheltering,” March 21, 2020, https://www.fema.gov/sites/default/files/2020-07/
fema_covid_noncongregate-sheltering-faq_factsheet.pdf.
i.
FEMA, “Coronavirus (COVID-19) Pandemic: Safe Opening and Operation Work Eligible for Public Assistance (Interim),” FP-104-21-0003, April 5, 2021,
https://www.fema.gov/sites/default/files/documents/fema_covid-19-pandemic-safe-opening-operation-work-eligible-public-assistance-interim-policy.pdf.
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Individual Assistance
The President, the FEMA Administrator, and Congress have authorized select forms of Individual
Assistance to support individuals affected by the COVID-19 pandemic. After a brief narrative
history, Table 6 details the general parameters of the types of IA provided for COVID-19.
The majority of the jurisdictions that received major disaster declarations under the Stafford Act
were authorized to receive assistance through the Individual Assistance (IA)—Crisis Counseling
Assistance and Training Program (CCP).44 While the President made some authorizations of this
assistance, on April 28, 2020, the FEMA Administrator was also authorized to approve requests
for CCP pursuant to the pandemic to expedite assistance.45 CCP provides community-based
outreach and psycho-educational services to support individuals and communities recovering
from disasters (see Table 6).
The program helps people understand their current situation and reactions and supports
short-term interventions focused on mitigating stress, promoting the use or development of
coping strategies, providing emotional support and encouraging links with other
individuals and agencies who may help survivors in their recovery process.46
Further, on August 8, 2020, President Trump issued a presidential memorandum that authorized
FEMA to expend up to $44 billion from the Disaster Relief Fund (DRF) for the Lost Wages
Assistance (LWA) program to provide grants to states, territories, and the District of Columbia for
supplemental lost wages payments to individuals receiving unemployment insurance (subject to a
25% nonfederal cost sharing requirement).47 LWA was authorized under the Other Needs
Assistance (ONA) statutory provision of FEMA’s Individuals and Households Program (IHP),
which is a form of Individual Assistance.48 ONA typically provides individuals with financial
assistance for disaster-related necessary expenses and serious needs, such as replacing personal
property or transportation, medical and dental assistance, and funeral assistance. According to
FEMA, LWA—rather than Disaster Unemployment Assistance (DUA)—was used because of
DUA’s limitations, which make assistance available only to individuals who are ineligible for
regular Unemployment Insurance (UI) and limit the amount of assistance to the
state/territory/District of Columbia-provided UI payment. The LWA, however, provided

44 The Crisis Counseling Program requests submitted by American Samoa and the Seminole Tribe of Florida had not
been approved as of May 2021 (FEMA, “American Samoa Covid-19 Pandemic (DR-4537-AS),” last accessed June 4,
2021, https://www.fema.gov/disaster/4537; FEMA “Seminole Tribe of Florida Covid-19 Pandemic (DR-4545),” last
accessed June 4, 2021, https://www.fema.gov/disaster/4545; see also email from FEMA Congressional Affairs staff,
December 7, 2020, noting the CCP requests from American Samoa and the Seminole Tribe of Florida were still under
review and “[t]o program knowledge, there has been no denial, and the incident period is still open.
45 FEMA, “FEMA Administrator Authority to Approve Crisis Counseling During Coronavirus,” release, April 28,
2020, https://www.fema.gov/fact-sheet/fema-administrator-authority-approve-crisis-counseling-during-coronavirus;
and FEMA, “FEMA Administrator Approves 30 States for Crisis Counseling,” Release HQ-20-129, May 2, 2020,
https://www.fema.gov/news-release/20200726/fema-administrator-approves-30-states-crisis-counseling.
46 FEMA, “FEMA Approves Crisis Counseling Assistance for COVID-19 Response to Four States,” R8-20-NR-015,
May 1, 2020, https://www.fema.gov/news-release/20200807/fema-approves-crisis-counseling-assistance-covid-19-
response-four-states.
47 President Donald J. Trump, “Memorandum on Authorizing the Other Needs Assistance Program for Major Disaster
Declarations Related to Coronavirus Disease 2019,” August 8, 2020, https://trumpwhitehouse.archives.gov/
presidential-actions/memorandum-authorizing-needs-assistance-program-major-disaster-declarations-related-
coronavirus-disease-2019/. For additional information on FEMA’s Lost Wages Assistance (LWA) program, see CRS
Insight IN11492, COVID-19: Supplementing Unemployment Insurance Benefits (Federal Pandemic Unemployment
Compensation vs. Lost Wages Assistance), by Katelin P. Isaacs and Julie M. Whittaker.
48 Stafford Act Section 408(e)(2) (42 U.S.C. §5174(e)(2)).
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Federal Emergency and Major Disaster Declarations for the COVID-19 Pandemic

supplemental payment in addition to state/territory/District of Columbia-provided UI payment.49
Only South Dakota and American Samoa did not participate in the LWA program.50
Most recently, on March 11, 2021, Funeral Assistance was authorized for the COVID-19
declarations through the enactment of the American Rescue Plan Act of 2021 (ARPA; P.L. 117-2).
Through ARPA, Congress authorized FEMA Funeral Assistance for deaths associated with the
COVID-19 pandemic at 100% federal cost share.51 Previously, Congress authorized FEMA
Funeral Assistance through the Consolidated Appropriations Act of 2021 (P.L. 116-260) for
deaths associated with the COVID-19 pandemic at 100% federal share, and appropriated an
additional $2 billion to the DRF for such purposes.52 Funeral Assistance through the Consolidated
Appropriations Act of 2021, however, was limited to expenses incurred through December 31,
2020.53 FEMA released an interim policy for the provision of “COVID-19 Funeral Assistance”
authorized under ARPA and the Consolidated Appropriations Act of 2021,54 and began accepting
applications on April 12, 2021, through a dedicated call center, to reimburse disaster-caused
funeral expenses incurred after January 20, 2020, for deaths attributed to the COVID-19
pandemic (e.g., eligible expenses associated with interment or reinterment55).56 In addition,
President Biden authorized “COVID-19 Funeral Assistance” under ONA for the states, territories,
and District of Columbia that received COVID-19 major disaster declarations, through 56
amendments issued March 11, 2021.57

49 FEMA, “FEMA Supplemental Lost Wages Payments Under Other Needs Assistance,” frequently asked questions,
August 2020, p. 1, https://www.fema.gov/sites/default/files/2020-10/fema_supplement-lost-wages-payments-under-
other-needs-assistance_faq_09-30-20.pdf.
50 Per an email with FEMA Congressional Affairs staff dated January 25, 2021, the LWA program application period
has concluded. According to FEMA’s website and releases on the LWA program, South Dakota and American Samoa
did not participate in the LWA program (see FEMA, “Lost Wages Assistance Approved States,” last accessed February
2, 2021, https://www.fema.gov/fact-sheet/lost-wages-assistance-approved-states; see also FEMA, “FEMA Advisory:
Coronavirus Pandemic Whole-of-America Response: ‘By the Numbers Update,’” February 1, 2021).
51 Section 4006 of the American Rescue Plan Act of 2021 (P.L. 117-2). Congress appropriated an additional $50 billion
to the DRF for the costs associated with major disaster declarations, including Funeral Assistance for the COVID-19
pandemic (Sections 4005 and 4006 of the American Rescue Plan Act of 2021 (P.L. 117-2)).
52 Title II of Division M of the Consolidated Appropriations Act, 2021 (P.L. 116-260). For additional information on
FEMA Funeral Assistance for the COVID-19 declarations, see CRS Insight IN11582, FEMA Funeral Assistance for
COVID-19, by Elizabeth M. Webster.
53 Title II of Division M of the Consolidated Appropriations Act, 2021 (P.L. 116-260).
54 FEMA, “FEMA Policy: COVID-19 Funeral Assistance Individuals and Households Program Policy (Interim),”
FEMA Policy FD 104-21-0001, March 23, 2021, https://www.fema.gov/sites/default/files/documents/
fema_policy_covid-19_funeral_assistance-updated.pdf.
55 FEMA, “COVID-19 Funeral Assistance,” https://www.fema.gov/disasters/coronavirus/economic/funeral-assistance.
A list of the eligible funeral expenses can be found in the FEMA, Individual Assistance Program and Policy Guide
(IAPPG), FP 104-009-03, January 2019, pp. 136-137.
56 FEMA, “COVID-19 Funeral Assistance,” https://www.fema.gov/disasters/coronavirus/economic/funeral-assistance.
57 FEMA National Watch Center, “Daily Operations Briefing,” March 30, 2021, pp. 8-14. See the “Disaster Federal
Register Notices” tab associated with the COVID-19 major disaster declarations for the March 11, 2021, amendments
authorizing Funeral Assistance. The three tribes that received major disaster declarations for the COVID-19 pandemic
had not been authorized to provide Funeral Assistance via a declaration amendment as of the date of publication, but
Section 4006 of the American Rescue Plan Act of 2021 (P.L. 117-2) and Title II of Division M of the Consolidated
Appropriations Act, 2021 (P.L. 116-260) require FEMA to provide Funeral Assistance for all of the COVID-19
declarations.
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Table 6. Duration of Individual Assistance Authorized Under the Stafford Act Declarations for the COVID-19 Pandemic
As of June 1, 2021
Declaration or Agency
Action
Geography
Authorities
Assistance Provided
Time Period
Authorization of Individual
50 states, four territories,
Authorized Individual Assistance
Provides grants to fund “state-
Immediate Services Program
Assistance—Crisis Counseling
Washington, DC, and two
Crisis Counseling Assistance and
provided crisis counseling
(ISP): provides funds for up to
Program pursuant to most of
tribes have been authorized to
Training Program (CCP) under
services to residents struggling
60 days immediately fol owing a
the President’s Major Disaster
receive Individual Assistance—
Stafford Act §416 (42 U.S.C.
with stress and anxiety as a
major disaster declaration.
Declarations under Stafford
Crisis Counseling Assistance
§5183) for some Major Disaster
result of the coronavirus
Regular Services Program
Act §401.
and Training Program (CCP))
Declarations.
(COVID-19) pandemic.”
(RSP): provides funds for up to
pursuant to their major
nine months fol owing a major
disaster declarations under the
disaster declaration.
Stafford Act.
Presidential Memorandum—
All 50 states, five territories,
President Trump’s “Memorandum
Authorized FEMA to expend
The termination conditions for
Authorization of the Lost
and Washington, DC, which
on Authorizing the Other Needs
up to $44 bil ion from the
the LWA program included:
Wages Assistance Program
have been approved for major
Assistance Program for Major
Disaster Relief Fund (DRF) for

FEMA expending $44
issued on August 8, 2020.
disaster declarations under the
Disaster Declarations Related to
the LWA program to provide
bil ion on LWA;
Stafford Act. Only South
Coronavirus Disease 2019,”a
grants to states, territories, and
Dakota and American Samoa
issued on August 8, 2020,
the District of Columbia for

The DRF balance reaching
did not participate in the Lost
authorized the LWA program
supplemental lost wages
$25 bil ion;
Wages Assistance (LWA)
under the Other Needs Assistance payments to individuals

Enactment of legislation
program.
(ONA) statutory provision of
receiving unemployment
providing supplemental
FEMA’s Individuals and Households insurance (subject to a 25%
federal unemployment
Program (IHP).
nonfederal cost sharing
compensation, or similar
requirement).
compensation, for
unemployed or partially
employed individuals due
to COVID-19; or

The program end date of
no later than December
27, 2020.
All states ended LWA
payments by September 6,
2020, as the amount of
available funds in the DRF
precluded additional payments.
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Declaration or Agency
Action
Geography
Authorities
Assistance Provided
Time Period
COVID-19 Funeral Assistance
The Stafford Act Declaration of Title II of Division M of the
Reimbursements for disaster-
Provides reimbursements for
authorized in the Consolidated
Emergency covers all
Consolidated Appropriations Act,
caused funeral expenses,
eligible Funeral Assistance
Appropriations Act, 2021 (P.L.
jurisdictions within the United
2021 (P.L. 116-260) mandated that
including eligible expenses
expenses. The application for
116-260), the American Rescue States.
FEMA provide Funeral Assistance
associated with interment or
assistance opened April 12,
Plan Act of 2021 (P.L. 117-2),

through the IHP for deaths
reinterment, for deaths
2021.
and through Stafford Act
associated with the COVID-19
attributed to the COVID-19
declaration amendments by the
All 50 states, five territories,
pandemic at a 100% federal cost
pandemic.
President dated March 11,
three federally recognized
share, and appropriated an
2021.
tribes, and Washington, DC,
additional $2 bil ion to the Disaster
have been approved for major
Relief Fund (DRF) for such
disaster declarations under the
purposes.
Stafford Act.

§4006 of the American Rescue Plan
Act of 2021 (P.L. 117-2) mandated
FEMA provide Funeral Assistance
through the IHP for deaths
associated with the COVID-19
pandemic at 100% federal cost
share, but did not include a time
limitation.b

President Biden authorized Funeral
Assistance under IHP-ONA
through 56 amendments made to
the COVID-19 major disaster
declarations for the declared
states, territories, and District of
Columbia dated March 11, 2021.
Source: Stafford Act §408 (42 U.S.C. §5174); the Consolidated Appropriations Act, 2021 (P.L. 116-260); and the American Rescue Plan Act of 2021 (P.L. 117-2).
Notes:
a. The archived presidential memorandum from President Donald J. Trump, “Memorandum on Authorizing the Other Needs Assistance Program for Major Disaster
Declarations Related to Coronavirus Disease 2019,” issued August 8, 2020, is available at https://trumpwhitehouse.archives.gov/presidential-actions/memorandum-
authorizing-needs-assistance-program-major-disaster-declarations-related-coronavirus-disease-2019/.
b. Congress appropriated an additional $50 bil ion to the Disaster Relief Fund for the costs associated with major disaster declarations, including Funeral Assistance for
the COVID-19 pandemic (§§4005-4006 of the American Rescue Plan Act of 2021 (P.L. 117-2)).
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Federal Emergency and Major Disaster Declarations for the COVID-19 Pandemic

Declarations for the Small Business Administration Disaster Loan
Program
In General
Under the Small Business Act, the SBA Administrator may issue a disaster declaration
authorizing Economic Injury Disaster Loans (EIDLs) when SBA receives a certification from a
state governor that at least five small businesses have suffered substantial economic injury as a
result of a disaster. This declaration is offered only when other viable forms of financial
assistance are unavailable.58 EIDLs may also be available following a major disaster declaration
issued by the President under the Stafford Act that authorizes both Individual Assistance (IA) and
Public Assistance (PA), or based on a notification from the Secretary of Agriculture or the
Secretary of Commerce, if a governor certifies that eligible small businesses have suffered
substantial economic injury as a result of commercial fishery failures or fishery resource
disasters.59
EIDLs generally provide up to $2 million, with a loan term of up to 30 years, which can be used
to pay for expenses that could have been met had the disaster not occurred, including working
capital needs such as fixed debt and payroll and other operating expenses.60 EIDLs are available
only to businesses and private and nonprofit organizations that are located in a declared disaster
area, have suffered substantial economic injury, are unable to obtain credit elsewhere, and are
defined as small by SBA size regulations. Small businesses in declared counties (and contiguous
counties) apply directly to the SBA for EIDLs.
For the COVID-19 Pandemic Response
Congress passed new provisions making COVID-19-related economy injury an eligible expense
for Small Business Administration (SBA) Economic Injury Disaster Loans (EIDLs) in response to
the COVID-19 pandemic’s widespread adverse economic impact on the national economy.
COVID-19-related EIDLs have an interest rate of 3.75% for businesses and 2.75% for nonprofits.
EIDLs also have an automatic one-year deferment on repayment (i.e., the first payment is not due
for one full year, although interest does accrue).61
The CARES Act also established an “Emergency EIDL Grant program” (also referred to as an
“EIDL advance”) to provide applicants with advance payments of up to $10,000.62 The advance
payment did not have to be repaid, even if the borrower was later denied the EIDL. Due to high
demand, the SBA limited the advance to $1,000 per employee, up to the statutory cap of

58 13 C.F.R. §123.3(a)(5).
59 13 C.F.R. §123.3. For more information on SBA disaster assistance, see CRS Report R44412, SBA Disaster Loan
Program: Frequently Asked Questions, by Bruce R. Lindsay.
60 At the time of this writing, SBA has capped the maximum loan amount at $500,000 due to significant demand for
COVID-19 EIDL assistance and funding availability. See U.S. Small Business Administration, COVID-19 Economic
Injury Disaster Loan, https://www.sba.gov/funding-programs/loans/covid-19-relief-options/covid-19-economic-injury-
disaster-loan#section-header-5.
61 Due to high demand, the SBA started limiting COVID-19-related EIDLs to $15,000 and, as discussed below,
Emergency EIDL grants to $1,000 per employee, up to the statutory cap of $10,000.
62 For an overview of the SBA EIDL Emergency Grants, see CRS Insight IN11370, SBA EIDL and Emergency EIDL
Grants for COVID-19, by Bruce R. Lindsay. For data on SBA EIDL Emergency Grants, see CRS Insight IN11379,
SBA EIDL and Emergency EIDL Grants: Data by State, by Bruce R. Lindsay and Maura Mullins.
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$10,000.63 The Emergency EIDL grant could be used to keep employees on payroll, pay for sick
leave, meet increased production costs due to supply chain disruptions, or pay business
obligations, including debts, rent, and mortgage payments.
The Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 (P.L. 116-
123) deemed the pandemic a disaster under Section 7(b)(2)(D) of the Small Business Act.64 The
provision allowed state governors to request a disaster declaration from the Administrator of the
SBA. Upon enactment of P.L. 116-123, SBA began to accept state requests for EIDL assistance
and issue declarations under the Small Business Act.
These declarations were superseded when Section 1110(f) of the Coronavirus Aid, Relief, and
Economic Security (CARES) Act (P.L. 116-136) established EIDL eligibility for businesses in all
50 states and U.S. territories pursuant to the President’s emergency declaration under Section
501(b) of the Stafford Act. Additionally, Section 1110(f)(7) of the CARES Act made all political
subdivisions eligible for EIDL. Accordingly, SBA announced on March 17, 2020, that it had
eliminated the five business requirement to make disaster assistance loans available statewide for
an economic injury declaration related to the COVID-19 pandemic.65
According to SBA Standard Operating Procedure (SOP) the deadline for returning completed
EIDL applications (unless extended) is nine months beginning the day after the date of
declaration.66 Under the CARES Act, however, the application deadline for all COVID-19 related
EIDLs is December 31, 2021 (see Table 7).67

63 The American Rescue Plan (P.L. 117-2) established a “Targeted EIDL Advance” to provide EIDL advances to
entities that did not receive the statutory cap. Under the American Rescue Plan the Targeted EIDL Advance is a
payment of the difference between the amount the small business received and the $10,000 maximum. Eligible
businesses that received a previous advance in an amount less than $10,000 are prioritized for the Targeted EIDL
Advance. Second priority entities are those that applied for an EIDL advance before December 27, 2020, but did not
receive the advance because funding was exhausted in mid-July 2020. Eligible businesses must be located in a low-
income community as defined by section 45D(e) of the Internal Revenue Code; have suffered greater than 30%
economic loss over an eight-week period since March 2, 2020, compared to the previous year; and have 300 or fewer
employees. See U.S. Small Business Administration, FAQ Regarding Targeted EIDL Advance, April 27, 2021, p. 7,
https://www.sba.gov/document/support-faq-regarding-targeted-eidl-advance.
64 Title II of Division A of the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 (P.L.
116-123).
65 Prior to the revision, a county or political subdivision was required to have a minimum of five businesses suffering
economic injury to be eligible for EIDL. See U.S. Small Business Administration, “SBA Updates Criteria on States for
Requesting Disaster Assistance Loans for Small Businesses Impacted by Coronavirus (COVID-19),” March 16, 2020,
https://www.sba.gov/about-sba/sba-newsroom/press-releases-media-advisories/sba-updates-criteria-states-requesting-
disaster-assistance-loans-small-businesses-impacted.
66 Small Business Administration, Disaster Assistance Program, SOP 50 30 9, May 31, 2018, pp. 14-15.
67 SBA, “SBA Extends COVID-19 Economic Injury Disaster Loan Application Deadline Through Dec. 31, 2021,”
December 30, 2020, https://www.sba.gov/article/2020/dec/30/sba-extends-covid-19-economic-injury-disaster-loan-
application-deadline-through-dec-31-2021.
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Table 7. Duration of Small Business Administration Assistance Triggered by COVID-19 Declarations
As of June 1, 2021
Relationship to other
Declaration
Geography
Authorities
Assistance Provided
Time Period
COVID-19 Declarations
The President’s March
All 50 U.S. states, five
Economic Injury Disaster
EIDLs provide up to $2
EIDL assistance became
The Coronavirus
13, 2020, Declaration of
U.S. territories, tribal
Loan (EIDL) assistance is
mil ion which can be used available March 16, 2020.
Preparedness and Response
Emergency under Stafford nations, and the District
triggered by a declaration
to pay for expenses that

Supplemental
Act §501(b) and all
of Columbia.
of major disaster under
could have been met had
Appropriations Act, 2020
subsequent Major
the Stafford Act, per
the disaster not
The application period
(P.L. 116-123) deemed
Disaster Declarations
§7(b)(2)(A) of the Small
occurred, including
for COVID-19-related
coronavirus a disaster
under Stafford Act §401.
Business Act.
working capital needs
EIDL assistance
under §7(b)(2)(D) of the
such as fixed debt and
terminates December 31,
Small Business Act, which
payrol and other
2021.
authorizes the SBA
operating expenses. SBA

Administrator to declare a
reduced the maximum
Loan terms are up to 30
disaster authorizing EIDL.
loan amount to $500,000
years.
SBA began to issue
due to COVID-19
declarations. These
assistance demand and
declarations were
funding availability.
superseded when §1110(f)
of the CARES Act
established EIDL eligibility
for businesses in all 50
states and U.S. territories
pursuant to the President’s
emergency declaration
under §501(b) of the
Stafford Act.
Source: U.S. Small Business Administration, “Administrative Declarations of Economic Injury Disasters for the Entire United States and U.S. Territories,” 85 Federal
Register 19052, April 3, 2020, https://www.federalregister.gov/documents/2020/04/03/2020-06934/administrative-declarations-of-economic-injury-disasters-for-the-entire-
united-states-and-us; U.S. Small Business Administration, “SBA Extends COVID-19 Economic Injury Disaster Loan Application Deadline through Dec. 31, 2021,”
December 30, 2020, at https://www.sba.gov/article/2020/dec/30/sba-extends-covid-19-economic-injury-disaster-loan-application-deadline-through-dec-31-2021.

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Federal Emergency and Major Disaster Declarations for the COVID-19 Pandemic

Author Information

Erica A. Lee, Coordinator
Elizabeth M. Webster
Analyst in Emergency Management and Disaster
Analyst in Emergency Management and Disaster
Recovery
Recovery

Sarah A. Lister, Coordinator
Hassan Z. Sheikh
Specialist in Public Health and Epidemiology
Analyst in Public Health Emergency Management

L. Elaine Halchin
Jared C. Nagel
Specialist in American National Government
Senior Research Librarian

Bruce R. Lindsay

Specialist in American National Government

Acknowledgments
William L. Painter, Specialist in Homeland Security and Appropriations; Wen Shen, Legislative Attorney;
Jenny Elsea, Legislative Attorney; Eddie Liu, Legislative Attorney; Lauren R. Stienstra, Federalism and
Emergency Management Section Research Manager; and James M. Specht, Legislative and Budget Process
Section Research Manager, provided structural and editorial comments and suggestions.
Shelley Harlan, Editor, helped edit the report text and footnotes.
Jamie Hutchinson, Visual Information Specialist, developed the figures included in this report.

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
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copy or otherwise use copyrighted material.

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