Expanding State-Approved Diagnostic Tests

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Title 3--
The President

Memorandum of March 13, 2020

Expanding State-Approved Diagnostic Tests

Memorandum for the Secretary of Health and Human
Services

By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered as follows:

It is the policy of the United States to take proactive
measures to prepare for and respond to public health
threats, including the public health emergency
involving Coronavirus Disease 2019 (COVID-19), which
was declared by the Secretary of Health and Human
Services (the ``Secretary'') on January 31, 2020,
pursuant to section 319 of the Public Health Service
Act (42 U.S.C. 247d). Our response must include
heightened coordination among Federal, State, local,
and tribal agencies, and we must offer States the
flexibility they need to care for their citizens. In
accordance with this principle, the Food and Drug
Administration, in coordination with the State of New
York, allowed the State flexibility in expediting
State-approved COVID-19 testing.

Should additional States request flexibility to
authorize laboratories within the State to develop and
perform tests used to detect COVID-19, the Secretary
shall take appropriate action, consistent with law, to
facilitate the request.

You are authorized and directed to publish this
memorandum in the Federal Register.

THE WHITE HOUSE,

Washington, March 13, 2020