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Biden rescinding Trump-Biden Proclamation 9994 under 1976 National Emergencies Act does not terminate Azar-Becerra’s Public Health Emergency authorities under 1983 PHE amendment to the 1944 PHSA.
Becerra and his successors will extend the PHE until they no longer need it to kill people with pseudo-legal impunity. Or until Congress, federal judges or states repeal or nullify the enabling acts.
A reader emailed today, linking to a Feb. 9, 2023 Health and Human Services Fact Sheet: COVID-19 Public Health Emergency Transition Roadmap and asking questions about the legal effects of Biden’s recent signature on House Joint Resolution 7.
HJR 7 - Relating to a national emergency declared by the President on March 13, 2020. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That, pursuant to section 202 of the National Emergencies Act (50 U.S.C. 1622), the national emergency declared by the finding of the President on March 13, 2020, in Proclamation 9994 (85 Fed. Reg. 15337) is hereby terminated.
April 10, 2023 - Biden Signs Measure Ending COVID-19 National Emergency (Jeff Louderback, Epoch Times)
President Joe Biden on April 10 signed a measure that immediately ended the COVID-19 national emergency more than three years after it was enacted, the White House announced.
HJ Res 7 passed through the Senate on March 29 by a 68-23 margin, with 21 Democrats joining 47 Republicans to support the measure.
Four Republicans and five Democrats did not cast a vote—and 23 Democrats voted against the short resolution—which was introduced by Rep. Paul Gosar (R-Ariz.) last month and passed by the House 229-197 on Feb. 1.
The reader asked:
Does the PHE actually expire? It appears that they are extending most of the PHE provisions with other mechanisms, [including] free vaccine and PREP Act protection. Can you tell whether the HHS Secretary "Tyranny Powers" are being released on May 11?
My reply, revised and expanded:
No, the HHS Secretary PHE powers are not terminated on May 11.
There are at least three interlocking frameworks for the consolidation of power in executive hands during declared emergencies: the 1976 National Emergencies Act, the 1988 Stafford Act, and the 1944 Public Health Service Act as amended in 1983 to add the Public Health Emergencies (PHE) program.
Congress and Biden have rescinded the emergency proclamation issued under the 1976 National Emergencies Act, but the Public Health Emergency declaration issued by then-HHS Secretary Alex Azar on Jan. 31, 2020, effective Jan. 27, 2020, remains in force, along with the Stafford Act determination Trump issued on March 13, 2020.
The National Emergencies Act Proclamation 7463 Declaration of National Emergency by Reason of Certain Terrorist Attacks, issued by President Bush in September 2001 and renewed annually since then, also remains in force, along with the 2001 Authorization for Use of Military Force passed under the 1973 War Powers Act, and any secret orders that may exist without Congressional or public knowledge, such as PEADs (Presidential Emergency Action Documents) and Continuity of Government (COG) orders.
The emergency authorities held by the Health and Human Services Secretary under the Public Health Emergency (PHE) program of the 1944 Public Health Service Act, as established by Congress and President Reagan in 1983 and expanded by Congress and Presidents Bush I, Clinton, Bush II, Obama, Trump and Biden since then will not expire in May.
Current HHS Secretary Xavier Becerra recently — very quietly — extended his Public Health Emergency authority and derivative Emergency Use Authorization power, using slightly different wording, through a Federal Register notice effective March 15, 2023.
The HHS Secretary him or herself (Becerra or a successor) is the only person authorized to end the PHE and terminate his own emergency powers, unless and until Congress repeals the enabling acts, federal judges nullify the enabling acts, and/or state governments nullify the enabling acts to block the illegitimate exercise of federal authority at their own state borders.
How did these extraordinary powers get into Becerra’s hands?
Congress and US Presidents unlawfully and unconstitutionally (de facto but not de jure) transferred Congress’s own power, the power of the federal courts, and the power of the states, into the HHS Secretary’s unilateral, unreviewable control, through amendments to the 1944 Public Health Service Act codified at 42 USC 247d-6d, Targeted liability protections for pandemic and epidemic products and security countermeasures and related statutes, executive orders and regulations.
42 USC 247d-6d(b)(7): No access to courts for judicial review of the facts or law relating to HHS Secretary public health emergency declarations and medical
countermeasures product classifications.
42 USC 247d-6d(b)(8): Preempts authority of state, local and tribal governments and individuals to manage public health emergency and medical countermeasures classification and regulation outside of HHS/DOD.
42 USC 247d-6d(b)(9): Extremely limited obligation for HHS to report to Congress on public health emergency status and EUA medical countermeasures classifications, and no authorization for Congress to override HHS declarations, determination, and decisions.
National Emergencies Act Proclamation 9994 issued by President Trump and extended by President Biden might expire in May — that’s what Biden’s signature on HRJ 7 means.
But the termination of the NEA proclamation isn’t enough to bring the Constitutional disaster to a close, because the HHS secretary’s Public Health Emergency powers are exercised independent of the NEA declaration.
Related Bailiwick reporting and analysis
There are at least three Covid-related state of emergency declarations still in force.
Biden saying that the pandemic is over in a press conference doesn’t officially revoke the presidential declarations and proclamations of a national emergency due to Covid, issued under the National Emergencies Act of 1976 and the Stafford Act of 1988.
President Biden’s press conference comments also don’t revoke the ‘public health emergency’ declaration issued by HHS Alex Azar on Jan. 31, 2020 (retroactive to Jan. 27, 2020) under Section 319 of the Public Health Service Act [42 USC 247d, Public health emergencies], as added in 1983 and amended by the 2005 PREP Act to put the power to declare public health emergencies into HHS secretary’s unilateral hands.
All three of these Covid-era emergency declarations have been extended repeatedly by Trump, Biden, Azar and Becerra…
In addition, the state of national emergency proclaimed by President Bush on Sept. 14, 2001 in response to ‘terrorism’ under the 1976 law is still in force. It has been renewed every year since by Bush, Obama, Trump and Biden.
All four of these declarations and proclamations triggered expanded federal government authorities and limits to state, local and individual power, at least until a federal court finds that the proclamations — and the 1976, 1988, 2005 and related statutes under which they’ve been issued — are unconstitutional, null and void.
Or until Congress repeals the enabling statutes.
Or until the People of one or more states, working independent of the federal government through their own legislatures, governors, courts and state constitutions, block the effect of these federal power grabs within their own state borders as unconstitutional, null and void violations of the Tenth Amendment to the US Constitution.
March 22, 2023 - On the utility, for inducing peaceful compliance with violent globalist control-and-kill programs, of presenting fake threats as real. Plus war criminal Xavier Becerra extends the public health emergency, effective March 15, 2023, using slightly-different wording.
…Yesterday, someone sent me a March 20, 2023 Federal Register notice on the extension of the Public Health Emergency (PHE) and Emergency Use Authorization (EUA) declarations and determinations.
The sender asked me "whether that EUA amendment I sent you made substantive changes, or was this just a regular extension?"
I replied that there are enough redundancies built in throughout the PHE and EUA declaration and determination procedures, and they’re both unreviewable by Congress and courts anyway, that the wording of any particular one isn’t worth spending a lot of time to parse in detail…
The latest iteration slightly alters the original, false claims.
In the original determination of public health emergency, effective Feb. 4, 2020, a war criminal impersonating the US-HHS Secretary (Alex Azar) claimed that “there is a public health emergency that has a significant potential to affect national security or the health and security of United States citizens living abroad” and that the emergency “involves a novel (new) coronavirus (nCoV) first detected in Wuhan City, China.”
In the latest amendment to the determination of public health emergency, effective March 15, 2023, a war criminal impersonating the US-HHS Secretary (Xavier Becerra) claimed that the nCoV outbreak has already infected and killed millions of people, and that there are now variations circulating, such that “there is a public health emergency, or a significant potential for a public health emergency, that affects, or has a significant potential to affect, national security or the health and security of United States citizens living abroad.”
The two forms of PHE “determination” are used interchangeably, to provide pseudo-legal pretexts for COVID–19 Emergency Use Authorization/EUA declarations (which are, more accurately, military orders to deploy bioweapons labeled as ‘vaccines’ to injure and kill recipients) and amendments thereto.
For emphasis, Becerra added to the latest notice:
“…The four previously-issued section 564 declarations that refer to the February 4, 2020 determination have not been terminated by the Secretary because, among other things, the circumstances described in section 564(b)(1) continue to exist — i.e., COVID–19, a disease attributable to SARS–CoV–2, continues to present a public health emergency, or a significant potential for a public health emergency, that affects, or has a significant potential to affect, national security or the health and security of United States citizens living abroad…”
More Bailiwick coverage:
Jan. 20, 2023 - Subsidiarity
March 3, 2023 - Rep. Bud Hulsey in Tennessee understands the scale of the Constitutional crisis, and what states can and should do to respond. Tennessee House Bill 726 - Restoring State Sovereignty Through Nullification Act