[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]


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

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 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. 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.

                    (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.
                    (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]
Billing code 3295-F0-P