[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]


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  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. 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. 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.
                    (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.
                    (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]
Billing code 3295-F0-P