The following COVID executive declarations and determinations are currently active:
- One-Year Presidential Declaration of National Emergency: Effective until March 1, 2023
- 90-Day HHS Secretary Determination of Public Health Emergency: Effective until April 11, 2023
On January 30, 2023, news outlets reported that the White House's Office of Management and Budget (OMB) said in a statement that the Administration's plan is to extend both declarations again, but only until May 11, 2023, at which point both declarations would be terminated.
Presidential Declaration of National Emergency: Effective for one year from March 1, 2022
The COVID-19 national emergency declaration was most recently extended by President Biden in Presidential Notice of February 18, 2022, published in the Federal Register at 87 FR 10289 (February 23, 2022). In that notice, President Biden announced:
"The COVID-19 pandemic continues to cause significant risk to the public health and safety of the Nation. For this reason, the national emergency declared on March 13, 2020, and beginning March 1, 2020, must continue in effect beyond March 1, 2022. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing the national emergency declared in Proclamation 9994 concerning the COVID-19 pandemic."
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 national emergency declaration derives 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. Under the one-year condition of 50 USC 1622(d), the current COVID-19 national emergency declaration is through February 28, 2023, unless the President terminates or extends it before that date.
HHS Secretary Determination of Public Health Emergency: Effective for 90 days from January 11, 2023
The COVID public health emergency declaration was most recently extended on January 11, 2023 by Department of Health and Human Services (HHS) Secretary Xavier Becerra. In Renewal of Determination that a Public Health Emergency Exists (January 11, 2023), Secretary Becerra announced:
"As a result of the continued consequences of the Coronavirus Disease 2019 (COVID-19) pandemic, 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 January 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, and October 13, 2022, 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 January 11, 2023 determination is the twelfth 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 April 11, 2023, unless the HHS Secretary terminates or extends it before that expiration date.