Proclamation 9994 — Declaring a National Emergency Concerning the COVID–19 Outbreak (March 13, 2020)

Summary

Proclamation 9994 of March 13, 2020, Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID–19) Outbreak, as printed in the Federal Register, Wednesday, March 18, 2020. The proclamation states that the Secretary of Health and Human Services declared a public health emergency on January 31, 2020, and that the COVID–19 outbreak in the United States constitutes a national emergency, beginning March 1, 2020. Section 1 provides that the Secretary of HHS may exercise the authority under section 1135 of the SSA to temporarily waive or modify certain requirements of the Medicare, Medicaid, and State Children’s Health Insurance programs. Section 2 requires certification and advance written notice to the Congress.

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Presidential Documents
15337
Federal Register / Vol. 85, No. 53 / Wednesday, March 18, 2020 / Presidential Documents
Proclamation 9994 of March 13, 2020
Declaring a National Emergency Concerning the Novel
Coronavirus Disease (COVID–19) Outbreak
By the President of the United States of America
A Proclamation
In December 2019, a novel (new) coronavirus known as SARS–CoV–2 (‘‘the
virus’’) was first detected in Wuhan, Hubei Province, People’s Republic
of China, causing outbreaks of the coronavirus disease COVID–19 that has
now spread globally. The Secretary of Health and Human Services (HHS)
declared a public health emergency on January 31, 2020, under section
319 of the Public Health Service Act (42 U.S.C. 247d), in response to
COVID–19. I have taken sweeping action to control the spread of the virus
in the United States, including by suspending entry of foreign nationals
seeking entry who had been physically present within the prior 14 days
in certain jurisdictions where COVID–19 outbreaks have occurred, including
the People’s Republic of China, the Islamic Republic of Iran, and the
Schengen Area of Europe. The Federal Government, along with State and
local governments, has taken preventive and proactive measures to slow
the spread of the virus and treat those affected, including by instituting
Federal quarantines for individuals evacuated from foreign nations, issuing
a declaration pursuant to section 319F–3 of the Public Health Service Act
(42 U.S.C. 247d–6d), and releasing policies to accelerate the acquisition
of personal protective equipment and streamline bringing new diagnostic
capabilities to laboratories. On March 11, 2020, the World Health Organiza-
tion announced that the COVID–19 outbreak can be characterized as a pan-
demic, as the rates of infection continue to rise in many locations around
the world and across the United States.
The spread of COVID–19 within our Nation’s communities threatens to
strain our Nation’s healthcare systems. As of March 12, 2020, 1,645 people
from 47 States have been infected with the virus that causes COVID–19.
It is incumbent on hospitals and medical facilities throughout the country
to assess their preparedness posture and be prepared to surge capacity
and capability. Additional measures, however, are needed to successfully
contain and combat the virus in the United States.
NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States,
by the authority vested in me by the Constitution and the laws of the
United States of America, including sections 201 and 301 of the National
Emergencies Act (50 U.S.C. 1601 et seq.) and consistent with section 1135
of the Social Security Act (SSA), as amended (42 U.S.C. 1320b–5), do hereby
find and proclaim that the COVID–19 outbreak in the United States con-
stitutes a national emergency, beginning March 1, 2020. Pursuant to this
declaration, I direct as follows:
Section 1. Emergency Authority. The Secretary of HHS may exercise the
authority under section 1135 of the SSA 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 Account-
ability Act Privacy Rule throughout the duration of the public health emer-
gency declared in response to the COVID–19 outbreak.
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15338
Federal Register / Vol. 85, No. 53 / Wednesday, March 18, 2020 / Presidential Documents
Sec. 2. Certification and Notice. In exercising this authority, the Secretary
of HHS shall provide certification and advance written notice to the Congress
as required by section 1135(d) of the SSA (42 U.S.C. 1320b–5(d)).
Sec. 3. General Provisions. (a) Nothing in this proclamation shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency,
or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This proclamation shall be implemented consistent with applicable
law and subject to the availability of appropriations.
(c) This proclamation is not intended to, and does not, create any right
or benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
IN WITNESS WHEREOF, I have hereunto set my hand this thirteenth day
of March, in the year of our Lord two thousand twenty, and of the Independ-
ence of the United States of America the two hundred and forty-fourth.
[FR Doc. 2020–05794
Filed 3–17–20; 8:45 am]
Billing code 3295–F0–P
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