Capitol to Capitol | Nov. 21, 2022

FCC Releases Much-Awaited Maps Critical for Broadband Funding

The Federal Communications Committee released its pre-production draft map of broadband availability data Nov. 18. The National Telecommunications and Information Administration is encouraging states and municipalities to submit challenges by Jan. 13,2023, to help improve the data, so that corrections can be incorporated into the final version of the map that will be used to allocate BEAD Program funding in June 2023. Read more.

NCSL Contact: Erlinda Doherty

EPA Releases PFAS Progress Report

The Environmental Protection Agency released its “PFAS Strategic Roadmap: A Year of Progress” report outlining the actions the agency has taken on the chemicals and those it plans to take in the upcoming year. To date the EPA has proposed to designate two PFAS chemicals as hazardous substances under the Superfund law; released nonenforceable drinking water health advisories; and begun distribution to states and territories of $10 billion from the federal infrastructure law to address PFAS and other emerging contaminants. The report also outlines several actions the EPA will take within the next year, including proposing enforceable national drinking water standards for PFOA and PFOS, moving PFAS data availability, and more. For information on state PFAS action, visit NCSL’s webpage.

NCSL Contact: Kristen Hildreth

COVID-19 Public Health Emergency Likely to Be Extended

It appears that the current COVID-19 public health emergency, which expires on Jan. 11, 2023, will be extended into April 2023. The emergency declaration was last renewed on Oct. 13, 2022, for 90 days, with no announcement from the Department of Health and Human Services at the 60-day mark on Nov.11 that it would be ending. In January 2021, HHS notified governors that it would provide 60 days’ notice to states before ending the emergency. NCSL is monitoring HHS for updates.

While the emergency declaration remains in place, states are required to keep people continuously enrolled in Medicaid through the end of the month in which the emergency ends. This requirement, created by the Families First Coronavirus Response Act, is a condition of accessing enhanced federal Medicaid funding. Once the emergency ends, states must restart annual renewals for everyone in their Medicaid programs. States can choose one of three months to being their unwinding: one month before the emergency ends, the month in which it ends, or the month after the month in which it ends. All redeterminations must be completed within 14 months after the emergency ends.

HHS has calculated that as many as 15 million people could lose Medicaid coverage, including 6.8 million who will likely still be eligible. To assist states with their redetermination efforts and help reduce the number of people who lose coverage, the Centers for Medicare & Medicaid Services has created a website devoted to unwinding guidance, with new FAQ added in October 2022.

NCSL Contact: Lauren Kallins

Federal Court Stays Ruling Ending Title 42

U.S. District Judge Emmet Sullivan on Nov. 16 granted the administration’s request for a stay of his ruling ending Title 42 expulsions, which have been used by both the Trump and Biden administrations to remove asylum seekers at U.S. borders during the public health emergency. The order, issued with “great reluctance,” gives the administration five weeks to end the practice with a deadline of Dec. 21. The Department of Homeland Security released a statement clarifying that the five-week stay will be used to prepare for an orderly transition to new policies at the border. Read more.

NCSL Contacts: Susan Frederick and Nicole Ezeh

In Every Edition

• NCSL Recent Letters to the Hill and Blogs: Read NCSL’s most recent correspondence to members of Congress and the administration, and state-federal blogs.

• The Reading Room: Interesting reports issued last week.

NCSL Staff in Washington, D.C.

• Molly Ramsdell | 202-624-3584 | Director

• Susan Frederick | 202-624-3566 | Law, Criminal Justice, and Public Safety

• Nicole Ezeh | 202-624-3568 | Law, Criminal Justice, and Public Safety

• Ben Husch | 202-624-7779 | Natural Resources and Infrastructure

• Kristen Hildreth | 202-624-3597 | Natural Resources and Infrastructure 

• Jon Jukuri  | 202-624-8663 | Labor, Economic Development and International Trade

• Deanna Ross | 202-624-8680 | Labor, Economic Development and International Trade

• Austin Reid | 202-624-8678 | Education

• Erlinda Doherty | 202-624-8698 | Communications, Financial Services and Interstate Commerce

• Brian Wanko | 202-624-5400 | Budget and Revenue

• Lauren Kallins | 202-624-8170 | Health and Human Services