Preventing Hoarding of Health and Medical Resources To Respond to the Spread of COVID-19

[Federal Register Volume 85, Number 59 (Thursday, March 26, 2020)]

[Presidential Documents]

[Pages 17001-17002]

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

[FR Doc No: 2020-06478]

Presidential Documents

Federal Register / Vol. 85, No. 59 / Thursday, March 26, 2020 /

Presidential Documents

[[Page 17001]]

Executive Order 13910 of March 23, 2020

Preventing Hoarding of 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. In Proclamation 9994 of March 13,

2020 (Declaring a National Emergency Concerning the

Novel Coronavirus Disease (COVID-19) Outbreak), I

declared a national emergency recognizing the threat

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

poses to our Nation's healthcare systems. 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 systems

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 systems. To further deal with this

threat, on March 18, 2020, I issued Executive Order

13909 (Prioritizing and Allocating Health and Medical

Resources to Respond to the Spread of COVID-19), in

which I delegated to the Secretary of Health and Human

Services (Secretary) the prioritization and allocation

authority under section 101 of the Act with respect to

health and medical resources needed to respond to the

spread of COVID-19.

To ensure that our Nation's healthcare systems are able

to surge capacity and capability to respond to the

spread of COVID-19, it is the policy of the United

States that health and medical resources needed to

respond to the spread of COVID-19, such as personal

protective equipment and sanitizing and disinfecting

products, are not hoarded. Accordingly, I am delegating

to the Secretary my authority under section 102 of the

Act (50 U.S.C. 4512) to prevent hoarding of health and

medical resources necessary to respond to the spread of

COVID-19 within the United States. I am also delegating

to the Secretary my authority under the Act to

implement any restrictions on hoarding, including my

authority under section 705 of the Act (50 U.S.C

Act (50 U.S.C. 4512) to prevent hoarding of health and

medical resources necessary to respond to the spread of

COVID-19 within the United States. I am also delegating

to the Secretary my authority under the Act to

implement any restrictions on hoarding, including my

authority under section 705 of the Act (50 U.S.C. 4555)

to gather information, such as information about how

supplies of such resources are distributed throughout

the Nation.

Sec. 2. Delegation of Authority to Prevent Hoarding.

(a) The Secretary is delegated the following:

(i) the authority of the President conferred by section 102 of the Act to

prevent hoarding of health and medical resources necessary to respond to

the spread of COVID-19 within the United States, including the authority to

prescribe conditions with respect to the accumulation of such resources,

and to designate any material as a scarce material, or as a material the

supply of which would be threatened by persons accumulating the material

either in excess of reasonable demands of business, personal, or home

consumption, or for the purpose of resale at prices in excess of prevailing

market prices; and

(ii) the authority of the President to implement the Act contained in

subchapter III of chapter 55 of title 50, United States Code (50 U.S.C.

4554, 4555, 4556, and 4560).

[[Page 17002]]

(b) In exercising the authority delegated under

this section, the Secretary shall consult the

Administrator of the Federal Emergency Management

Agency.

hority of the President to implement the Act contained in

subchapter III of chapter 55 of title 50, United States Code (50 U.S.C.

4554, 4555, 4556, and 4560).

[[Page 17002]]

(b) In exercising the authority delegated under

this section, the Secretary shall consult the

Administrator of the Federal Emergency Management

Agency.

(c) The Secretary shall adopt and revise

appropriate rules and regulations as may be necessary

to implement this order.

Sec. 3. Secretarial Duty Concerning Notices of

Withdrawal of Designation. The Secretary shall

periodically consider whether the designations made

pursuant to section 2 of this order remain necessary.

Upon finding that the need for such designation of

material is no longer necessary, the Secretary shall

promptly publish a notice of withdrawal of the

designation in the Federal Register, and in such other

manner as the Secretary deems appropriate.

Sec. 4. 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.

uthority 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 23, 2020.

[FR Doc. 2020-06478

Filed 3-25-20; 8:45 am]

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