Delegating Additional Authority Under the Defense Production Act With Respect to Health and Medical Resources To Respond to the Spread of COVID-19

[Federal Register Volume 85, Number 63 (Wednesday, April 1, 2020)]

[Presidential Documents]

[Pages 18403-18405]

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

[FR Doc No: 2020-06969]

[[Page 18401]]

Vol. 85

Wednesday,

No. 63

April 1, 2020

Part IV

The President

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Executive Order 13911--Delegating Additional Authority Under the

Defense Production Act With Respect to Health and Medical Resources To

Respond to the Spread of COVID-19

Executive Order 13912--National Emergency Authority To Order the

Selected Reserve and Certain Members of the Individual Ready Reserve of

the Armed Forces to Active Duty

Memorandum of March 28, 2020--Providing Federal Support for Governors'

Use of the National Guard To Respond to COVID-19

Memorandum of March 30, 2020--Providing Federal Support for Governors'

Use of the National Guard To Respond to COVID-19

Presidential Documents

Federal Register / Vol. 85 , No. 63 / Wednesday, April 1, 2020 /

Presidential Documents

___________________________________________________________________

Title 3--

The President

[[Page 18403]]

Executive Order 13911 of March 27, 2020

Delegating Additional Authority Under the Defense

Production Act With Respect to 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''), the

National Emergencies Act (50 U.S.C. 1601 et seq.), and

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

hereby ordered as follows:

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''), the

National Emergencies Act (50 U.S.C. 1601 et seq.), 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.

lso

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 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 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. And on March 23,

2020, I issued Executive Order 13910 (Preventing

Hoarding of Health and Medical Resources to Respond to

the Spread of COVID-19), in which I delegated to the

Secretary of Health and Human Services the authority

under section 102 of the Act to combat hoarding and

price gouging with respect to such resources.

To ensure that our 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 to

expand domestic production of health and medical

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

including personal protective equipment and

ventilators

ealthcare systems are able to surge

capacity and capability to respond to the spread of

COVID-19, it is the policy of the United States to

expand domestic production of health and medical

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

including personal protective equipment and

ventilators. Accordingly, I am delegating authority

under title III of the Act to guarantee loans by

private institutions, make loans, make provision for

purchases and commitments to purchase, and take

additional actions to create, maintain, protect,

expand, and restore domestic industrial base

capabilities to produce such resources. To enable

greater cooperation among private businesses in

expanding production of and distributing such

resources, I am also delegating my authority under

section 708(c) and (d) of the Act (50 U.S.C. 4558(c),

(d)) to provide for the making of voluntary agreements

and plans of action by the private sector.

Sec. 2. Delegation of Authority Under Title III of the

Act. (a) Notwithstanding Executive Order 13603 of March

16, 2012 (National Defense Resources Preparedness), the

Secretary of Health and Human Services and the

Secretary of Homeland Security are each delegated, with

respect to responding to the spread of COVID-19 within

the United States, the authority of the President

conferred by sections 301, 302, and 303 of the Act (50

U.S.C. 4531, 4532, and 4533), and the authority to

implement the Act in subchapter

[[Page 18404]]

Secretary of Homeland Security are each delegated, with

respect to responding to the spread of COVID-19 within

the United States, the authority of the President

conferred by sections 301, 302, and 303 of the Act (50

U.S.C. 4531, 4532, and 4533), and the authority to

implement the Act in subchapter

[[Page 18404]]

III of chapter 55 of title 50, United States Code (50

U.S.C. 4554, 4555, 4556, and 4560).

(b) The Secretary of Health and Human Services and

the Secretary of Homeland Security may each use the

authority under sections 301, 302, and 303 of the Act,

in consultation with the Secretary of Defense and the

heads of other executive departments and agencies as he

deems appropriate, to respond to the spread of COVID-

19.

(c) To provide additional authority to respond to

the national emergency I declared in Proclamation 9994,

the requirements of section 301(a)(2), section

301(d)(1)(A), and section 303(a)(1) through (a)(6) of

the Act are waived during the period of that national

emergency.

(d) To provide additional authority to respond to

the national emergency I declared in Proclamation 9994,

the Secretary of Health and Human Services and the

Secretary of Homeland Security are each authorized to

submit for my approval under section 302(d)(2)(B) of

the Act a proposed determination that any specific loan

is necessary to avert an industrial resource or

critical technology shortfall that would severely

impair national defense capability.

e

Secretary of Homeland Security are each authorized to

submit for my approval under section 302(d)(2)(B) of

the Act a proposed determination that any specific loan

is necessary to avert an industrial resource or

critical technology shortfall that would severely

impair national defense capability.

(e) Before exercising the authority delegated under

this section with respect to health or medical

resources, the Secretary of Homeland Security shall

consult with the Secretary of Health and Human

Services.

Sec. 3. Delegation of Authority Under Title VII of the

Act. (a) Notwithstanding Executive Order 13603, the

Secretary of Health and Human Services and the

Secretary of Homeland Security are each delegated, with

respect to responding to the spread of COVID-19 within

the United States, the authority of the President

conferred by section 708(c)(1) and (d) of the Act. The

Secretary of Health and Human Services shall provide to

the Secretary of Homeland Security notice of any use of

such delegated authority.

(b) The delegation made in this section is made

upon the condition that the Secretary of Health and

Human Services or the Secretary of Homeland Security

consult with the Attorney General and with the Federal

Trade Commission, and obtain the prior approval of the

Attorney General, after consultation by the Attorney

General with the Federal Trade Commission, as required

by section 708(c)(2) of the Act, except when such

consultation is waived under subsection (c) of section

3 of this order and sec

ederal

Trade Commission, and obtain the prior approval of the

Attorney General, after consultation by the Attorney

General with the Federal Trade Commission, as required

by section 708(c)(2) of the Act, except when such

consultation is waived under subsection (c) of section

3 of this order and section 708(c)(3) of the Act.

(c) The Secretary of Health and Human Services and

the Secretary of Homeland Security are each authorized

to submit for my approval under section 708(c)(3) of

the Act any proposed determination that any specific

voluntary agreement or plan of action is necessary to

meet national defense requirements resulting from an

event that degrades or destroys critical

infrastructure.

(d) Before exercising the authority delegated under

this section with respect to health or medical

resources, the Secretary of Homeland Security shall

consult with the Secretary of Health and Human

Services.

Sec. 4. Additional Delegations. (a) Notwithstanding

Executive Order 13603, the Secretary of Health and

Human Services and the Secretary of Homeland Security

are each delegated, with respect to responding to the

spread of COVID-19 within the United States, the

authority of the President conferred by section 107 of

the Act (50 U.S.C. 4517).

hstanding

Executive Order 13603, the Secretary of Health and

Human Services and the Secretary of Homeland Security

are each delegated, with respect to responding to the

spread of COVID-19 within the United States, the

authority of the President conferred by section 107 of

the Act (50 U.S.C. 4517).

(b) In addition to the delegations of authority in

Executive Order 13909 and Executive Order 13910, the

authority of the President conferred by sections 101

and 102 of the Act (50 U.S.C. 4511, 4512) is delegated

to the Secretary of Homeland Security with respect to

health and medical resources needed to respond to the

spread of COVID-19 within the United States.

(c) The Secretary of Homeland Security may use the

authority under section 101 of the Act to determine, in

consultation with the heads of

[[Page 18405]]

other executive departments and agencies as

appropriate, the proper nationwide priorities and

allocation of health and medical resources, including

by 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.

(d) Before exercising the authority under section

102 of the Act, the Secretary of Homeland Security

shall consult with the Secretary of Health and Human

Services.

(including applicable services) in the civilian market,

for responding to the spread of COVID-19 within the

United States.

(d) Before exercising the authority under section

102 of the Act, the Secretary of Homeland Security

shall consult with the Secretary of Health and Human

Services.

(e) The Secretary of Homeland Security shall

periodically consider whether the designations made by

him under section 102 of the Act pursuant to section

4(b) of this order remain necessary. Upon finding that

such designation of material is no longer necessary,

the Secretary of Homeland Security shall promptly

publish a notice of withdrawal of the designation in

the Federal Register, and in such other manner as he

deems appropriate.

Sec. 5. Implementing Rules and Regulations. The

Secretary of Health and Human Services and the

Secretary of Homeland Security shall each adopt and

revise appropriate rules and regulations as may be

necessary to implement this order.

Sec. 6. Policy Coordination. The Assistant to the

President for Trade and Manufacturing Policy shall

serve as National Defense Production Act Policy

Coordinator.

Sec. 7. 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.

Coordinator.

Sec. 7. 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 27, 2020.

[FR Doc. 2020-06969

Filed 3-31-20; 11:15 am]

Billing code 3295-F0-P