Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of COVID-19

[Federal Register Volume 85, Number 56 (Monday, March 23, 2020)]

[Presidential Documents]

[Pages 16227-16228]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2020-06161]

Presidential Documents

Federal Register / Vol. 85, No. 56 / Monday, March 23, 2020 /

Presidential Documents

___________________________________________________________________

Title 3--

The President

[[Page 16227]]

Executive Order 13909 of March 18, 2020

Prioritizing and Allocating Health and Medical

Resources to Respond to the Spread of COVID-19

By the authority vested in me as President by the

Constitution and the laws of the United States of

America, including the Defense Production Act of 1950,

as amended (50 U.S.C. 4501 et seq.) (the ``Act''), and

section 301 of title 3, United States Code, it is

hereby ordered as follows:

Section 1. Policy and Findings. On March 13, 2020, I

declared a national emergency recognizing the threat

that the novel (new) coronavirus known as SARS-CoV-2

poses to our national security. In recognizing the

public health risk, I noted that on March 11, 2020, the

World Health Organization announced that the outbreak

of COVID-19 (the disease caused by SARS-CoV-2) can be

characterized as a pandemic. I also noted that while

the Federal Government, along with State and local

governments, have taken preventive and proactive

measures to slow the spread of the virus and to treat

those affected, the spread of COVID-19 within our

Nation's communities threatens to strain our Nation's

healthcare system

also noted that while

the Federal Government, along with State and local

governments, have taken preventive and proactive

measures to slow the spread of the virus and to treat

those affected, the spread of COVID-19 within our

Nation's communities threatens to strain our Nation's

healthcare system. To ensure that our healthcare system

is able to surge capacity and capability to respond to

the spread of COVID-19, it is critical that all health

and medical resources needed to respond to the spread

of COVID-19 are properly distributed to the Nation's

healthcare system and others that need them most at

this time.

Accordingly, I find that health and medical resources

needed to respond to the spread of COVID-19, including

personal protective equipment and ventilators, meet the

criteria specified in section 101(b) of the Act (50

U.S.C. 4511(b)). Under the delegation of authority

provided in this order, the Secretary of Health and

Human Services may identify additional specific health

and medical resources that meet the criteria of section

101(b).

Sec. 2. Priorities and Allocation of Medical Resources.

01(b) of the Act (50

U.S.C. 4511(b)). Under the delegation of authority

provided in this order, the Secretary of Health and

Human Services may identify additional specific health

and medical resources that meet the criteria of section

101(b).

Sec. 2. Priorities and Allocation of Medical Resources.

(a) Notwithstanding Executive Order 13603 of March

16, 2012 (National Defense Resource Preparedness), the

authority of the President conferred by section 101 of

the Act to require performance of contracts or orders

(other than contracts of employment) to promote the

national defense over performance of any other

contracts or orders, to allocate materials, services,

and facilities as deemed necessary or appropriate to

promote the national defense, and to implement the Act

in subchapter III of chapter 55 of title 50, United

States Code, is delegated to the Secretary of Health

and Human Services with respect to all health and

medical resources needed to respond to the spread of

COVID-19 within the United States.

(b) The Secretary of Health and Human Services may

use the authority under section 101 of the Act to

determine, in consultation with the Secretary of

Commerce and the heads of other executive departments

and agencies as appropriate, the proper nationwide

priorities and allocation of all health and medical

resources, including controlling the distribution of

such materials (including applicable services) in the

civilian market, for responding to the spread of COVID-

19 within the United States

ments

and agencies as appropriate, the proper nationwide

priorities and allocation of all health and medical

resources, including controlling the distribution of

such materials (including applicable services) in the

civilian market, for responding to the spread of COVID-

19 within the United States.

(c) The Secretary of Health and Human Services

shall issue such orders and adopt and revise

appropriate rules and regulations as may be necessary

to implement this order.

[[Page 16228]]

Sec. 3. General Provisions. (a) Nothing in this order

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 order shall be implemented consistent with

applicable law and subject to the availability of

appropriations.

(c) This order 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.

(Presidential Sig.)

THE WHITE HOUSE,

March 18, 2020.

[FR Doc. 2020-06161

Filed 3-20-20; 8:45 am]

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