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Trump Declared an Emergency Over Coronavirus. Here’s What It Can Do. Trump Declared an Emergency Over Coronavirus. Here’s What It Can Do.
(3 months later)
WASHINGTON — President Trump on Friday signed an emergency declaration over the coronavirus pandemic, unlocking certain government powers to deal with the public health challenge. Here’s a breakdown of what that means on a legal and practical level.WASHINGTON — President Trump on Friday signed an emergency declaration over the coronavirus pandemic, unlocking certain government powers to deal with the public health challenge. Here’s a breakdown of what that means on a legal and practical level.
It’s special authority that a president can unlock and use in exigent circumstances.It’s special authority that a president can unlock and use in exigent circumstances.
Congress has enacted more than 100 laws that permit a president to declare that emergencies exist, freeing the government from abiding by some of its usual legal constraints. This flexibility can include permitting the federal government to spend additional funds, including to aid state and local governments, and temporarily lowering legal barriers to certain actions.Congress has enacted more than 100 laws that permit a president to declare that emergencies exist, freeing the government from abiding by some of its usual legal constraints. This flexibility can include permitting the federal government to spend additional funds, including to aid state and local governments, and temporarily lowering legal barriers to certain actions.
In some cases, an umbrella law called the National Emergencies Act that regulates how presidents can use exigent power must be invoked to use another, setting up a complex cascade of effects. In public health, emergency power laws include provisions of the Public Health Service Act, the Stafford Act, the Social Security Act and other statutes.In some cases, an umbrella law called the National Emergencies Act that regulates how presidents can use exigent power must be invoked to use another, setting up a complex cascade of effects. In public health, emergency power laws include provisions of the Public Health Service Act, the Stafford Act, the Social Security Act and other statutes.
It frees up federal funds and other resources to help when “federal assistance is needed to supplement state and local efforts and capabilities to save lives and to protect property and public health and safety.”It frees up federal funds and other resources to help when “federal assistance is needed to supplement state and local efforts and capabilities to save lives and to protect property and public health and safety.”
The Stafford Act is the government’s main mechanism for responding to major disasters and emergencies. It permits tapping into an account that currently has more than $40 billion, which it could use to do things like buy medical supplies and equipment.The Stafford Act is the government’s main mechanism for responding to major disasters and emergencies. It permits tapping into an account that currently has more than $40 billion, which it could use to do things like buy medical supplies and equipment.
If a president grants a declaration, the Federal Emergency Management Agency can coordinate a response. The act also empowers the president to direct any federal agency to use its personnel, facilities and equipment to support state and local emergency efforts, disseminate public health and safety information, provide public health and safety measures, and distribute supplies like medicine and food.If a president grants a declaration, the Federal Emergency Management Agency can coordinate a response. The act also empowers the president to direct any federal agency to use its personnel, facilities and equipment to support state and local emergency efforts, disseminate public health and safety information, provide public health and safety measures, and distribute supplies like medicine and food.
While the Stafford Act is more often activated in cases of major disasters that cause property damage, like hurricanes and floods, it has also been used in public health emergencies. In 2000, President Bill Clinton used it to cover mosquito control operations in New Jersey and New York during the outbreak of the West Nile virus.While the Stafford Act is more often activated in cases of major disasters that cause property damage, like hurricanes and floods, it has also been used in public health emergencies. In 2000, President Bill Clinton used it to cover mosquito control operations in New Jersey and New York during the outbreak of the West Nile virus.
Yes, but it was under a less sweeping law.Yes, but it was under a less sweeping law.
On Jan. 31, Alex M. Azar II, the secretary of Health and Human Services, determined that an emergency existed under the Public Health Service Act. The determination made it easier for state and local health departments to temporarily reassign personnel whose salaries were funded through federal public health programs, freeing them from regular duties to help respond to the pandemic.On Jan. 31, Alex M. Azar II, the secretary of Health and Human Services, determined that an emergency existed under the Public Health Service Act. The determination made it easier for state and local health departments to temporarily reassign personnel whose salaries were funded through federal public health programs, freeing them from regular duties to help respond to the pandemic.
Mr. Trump’s move will also unlock extra powers under Section 1135 of the Social Security Act aimed at making it easier to get medical supplies and doctors and nurses where they are needed most.Mr. Trump’s move will also unlock extra powers under Section 1135 of the Social Security Act aimed at making it easier to get medical supplies and doctors and nurses where they are needed most.
The provision permits waiving requirements in Medicare, Medicaid and the Children’s Health Insurance Program that normally apply. The waivers include payment limitations on using out-of-network providers, certain certification requirements and a federal mandate that doctors be licensed in the state in which they are practicing.The provision permits waiving requirements in Medicare, Medicaid and the Children’s Health Insurance Program that normally apply. The waivers include payment limitations on using out-of-network providers, certain certification requirements and a federal mandate that doctors be licensed in the state in which they are practicing.
At his news conference, Mr. Trump gave an example of “telehealth,” or letting doctors in one state consult online with patients in another state.At his news conference, Mr. Trump gave an example of “telehealth,” or letting doctors in one state consult online with patients in another state.
The waiver power under the Social Security Act requires both a determination under the Public Health Service Act by the health and human services secretary and a presidential declaration under either the Stafford Act or the National Emergencies Act.The waiver power under the Social Security Act requires both a determination under the Public Health Service Act by the health and human services secretary and a presidential declaration under either the Stafford Act or the National Emergencies Act.
In 2009, President Barack Obama declared a national emergency — under the latter law rather than using the Stafford Act — in part to unlock Section 1135 powers as part of the government’s response to the H1N1 epidemic, also known as the swine flu.In 2009, President Barack Obama declared a national emergency — under the latter law rather than using the Stafford Act — in part to unlock Section 1135 powers as part of the government’s response to the H1N1 epidemic, also known as the swine flu.
Updated June 12, 2020
Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks.
So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement.
A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study.
The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April.
Mass protests against police brutality that have brought thousands of people onto the streets in cities across America are raising the specter of new coronavirus outbreaks, prompting political leaders, physicians and public health experts to warn that the crowds could cause a surge in cases. While many political leaders affirmed the right of protesters to express themselves, they urged the demonstrators to wear face masks and maintain social distancing, both to protect themselves and to prevent further community spread of the virus. Some infectious disease experts were reassured by the fact that the protests were held outdoors, saying the open air settings could mitigate the risk of transmission.
Exercise researchers and physicians have some blunt advice for those of us aiming to return to regular exercise now: Start slowly and then rev up your workouts, also slowly. American adults tended to be about 12 percent less active after the stay-at-home mandates began in March than they were in January. But there are steps you can take to ease your way back into regular exercise safely. First, “start at no more than 50 percent of the exercise you were doing before Covid,” says Dr. Monica Rho, the chief of musculoskeletal medicine at the Shirley Ryan AbilityLab in Chicago. Thread in some preparatory squats, too, she advises. “When you haven’t been exercising, you lose muscle mass.” Expect some muscle twinges after these preliminary, post-lockdown sessions, especially a day or two later. But sudden or increasing pain during exercise is a clarion call to stop and return home.
States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people.
Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days.
If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.)
Taking one’s temperature to look for signs of fever is not as easy as it sounds, as “normal” temperature numbers can vary, but generally, keep an eye out for a temperature of 100.5 degrees Fahrenheit or higher. If you don’t have a thermometer (they can be pricey these days), there are other ways to figure out if you have a fever, or are at risk of Covid-19 complications.
The C.D.C. has recommended that all Americans wear cloth masks if they go out in public. This is a shift in federal guidance reflecting new concerns that the coronavirus is being spread by infected people who have no symptoms. Until now, the C.D.C., like the W.H.O., has advised that ordinary people don’t need to wear masks unless they are sick and coughing. Part of the reason was to preserve medical-grade masks for health care workers who desperately need them at a time when they are in continuously short supply. Masks don’t replace hand washing and social distancing.
If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others.
If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested.
Yes, at least as a matter of policy substance and politics.Yes, at least as a matter of policy substance and politics.
Serious commentators agree that the coronavirus pandemic presents a true emergency and fits within the intent of Congress in creating national emergency powers laws. But Mr. Trump’s claim that an emergency existed at the border that could be solved by a wall was widely disputed.Serious commentators agree that the coronavirus pandemic presents a true emergency and fits within the intent of Congress in creating national emergency powers laws. But Mr. Trump’s claim that an emergency existed at the border that could be solved by a wall was widely disputed.
Mr. Trump’s coronavirus emergency declaration, in contrast to his Mexico border wall declaration, fit the purpose of emergency powers laws, said Elizabeth Goitein, a co-director of the Liberty and National Security Program at the Brennan Center for Justice at the New York University School of Law. She oversaw a study in 2018 of presidential emergency powers.Mr. Trump’s coronavirus emergency declaration, in contrast to his Mexico border wall declaration, fit the purpose of emergency powers laws, said Elizabeth Goitein, a co-director of the Liberty and National Security Program at the Brennan Center for Justice at the New York University School of Law. She oversaw a study in 2018 of presidential emergency powers.
“In contrast to the situation at the border wall, which was in no way an emergency and the president’s declaration went against Congress’s will,” she said, “this is a situation where we face a true emergency and members of Congress have actually been encouraging the president to take this action.”“In contrast to the situation at the border wall, which was in no way an emergency and the president’s declaration went against Congress’s will,” she said, “this is a situation where we face a true emergency and members of Congress have actually been encouraging the president to take this action.”