Status of the following COVID executive declarations and determinations:
- Presidential Declaration of National Emergency: Terminated April 10, 2023. On April 10, 2023, President Biden signed into law a joint resolution that terminated the national emergency related to the COVID-19 pandemic. H.J.Res. 7, Public Law No: 118-3 (04/10/2023). President Biden originally anticipated terminating the national emergency on May 11, 2023, but by signing the joint resolution on April 10, 2023 ended it early.
- 90-Day HHS Secretary Determination of Public Health Emergency: Effective until May 11, 2023.
Presidential Declaration of National Emergency: Terminated on April 10, 2023
Under 50 USC 1622(d), national emergencies remain in effect for one year from the effective date anniversary unless terminated or extended before that one-year anniversary date. The March 1 anniversary date of the COVID-19 national emergency declaration derived from the first declaration in Proclamation 9994 of March 13, 2020, in which former President Trump declared a national emergency concerning the COVID-19 pandemic, effective March 1, 2020. On April 10, 2023, President Biden signed into law a joint resolution that terminated the national emergency related to the COVID-19 pandemic. H.J.Res. 7, Public Law No: 118-3 (04/10/2023). President Biden originally anticipated terminating the national emergency on May 11, 2023, but by signing the joint resolution on April 10, 2023 ended it early.
HHS Secretary Determination of Public Health Emergency: Effective for 90 days from January 11, 2023
The separate COVID-19 public health emergency declaration was most recently extended until May 11, 2023, by Department of Health and Human Services (HHS) Secretary Xavier Becerra. In Renewal of Determination that a Public Health Emergency Exists (February 9, 2023), Secretary Becerra announced:
"As a result of the continued consequences of the Coronavirus Disease 2019 (COVID-19) pandemic and to allow for an organized and coordinated transition from this unprecedented public health emergency, on this date and after consultation with public health officials as necessary, I, Xavier Becerra, Secretary of Health and Human Services, pursuant to the authority vested in me under section 319 of the Public Health Service Act, do hereby renew, effective February 11, 2023, the January 31, 2020, determination by former Secretary Alex M. Azar II, that he previously renewed on April 21, 2020, July 23, 2020, October 2, 2020, and January 7, 2021, and that I renewed on April 15, 2021, July 19, 2021, October 15, 2021, January 14, 2022, April 12, 2022, July 15, 2022, October 13, 2022, and January 11, 2023, that a public health emergency exists and has existed since January 27, 2020, nationwide. "
Under section 319 of the Public Health Service Act (codified at 42 USC 247d), declarations of public health emergencies are in effect for 90 days unless terminated or extended before that 90-day period. Secretary Becerra's February 9, 2023 determination is the thirteenth since former Secretary Alex M. Azar II's first determination on January 31, 2020. Under the 90-day condition of 42 USC 247d, the current public health emergency determination is until May 11, 2023, unless the HHS Secretary terminates or extends it before that expiration date.