[Federal Register Volume 85, Number 85 (Friday, May 1, 2020)]
[Presidential Documents]
[Pages 26313-26314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09536]
[[Page 26311]]
Vol. 85
Friday,
No. 85
May 1, 2020
Part V
The President
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Executive Order 13917--Delegating Authority Under the Defense
Production Act With Respect to Food Supply Chain Resources During the
National Emergency Caused by the Outbreak of COVID-19
Executive Order 13918--Establishment of the Interagency Labor Committee
for Monitoring and Enforcement Under Section 711 of the United States-
Mexico-Canada Agreement Implementation Act
Memorandum of April 28, 2020--Providing Continued Federal Support for
Governors' Use of the National Guard To Respond to COVID-19 and To
Facilitate Economic Recovery
Presidential Documents
Federal Register / Vol. 85 , No. 85 / Friday, May 1, 2020 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 26313]]
Executive Order 13917 of April 28, 2020
Delegating Authority Under the Defense Production
Act With Respect to Food Supply Chain Resources During
the National Emergency Caused by the Outbreak 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. The 2019 novel (new) coronavirus
known as SARS-CoV-2, the virus causing outbreaks of the
disease COVID-19, has significantly disrupted the lives
of Americans. In Proclamation 9994 of March 13, 2020
(Declaring a National Emergency Concerning the Novel
Coronavirus Disease (COVID-19) Outbreak), I declared
that the COVID-19 outbreak in the United States
constituted a national emergency, beginning March 1,
2020. Since then, the American people have united
behind a policy of mitigation strategies, including
social distancing, to flatten the curve of infections
and reduce the spread of COVID-19. The COVID-19
outbreak and these necessary mitigation measures have
taken a dramatic toll on the United States economy and
critical infrastructure.
It is important that processors of beef, pork, and
poultry (``meat and poultry'') in the food supply chain
continue operating and fulfilling orders to ensure a
continued supply of protein for Americans. However,
outbreaks of COVID-19 among workers at some processing
facilities have led to the reduction in some of those
facilities' production capacity. In addition, recent
actions in some States have led to the complete closure
of some large processing facilities. Such actions may
differ from or be inconsistent with interim guidance
recently issued by the Centers for Disease Control and
Prevention (CDC) of the Department of Health and Human
Services and the Occupational Safety and Health
Administration (OSHA) of the Department of Labor
entitled ``Meat and Poultry Processing Workers and
Employers'' providing for the safe operation of such
facilities.
Such closures threaten the continued functioning of the
national meat and poultry supply chain, undermining
critical infrastructure during the national emergency.
Given the high volume of meat and poultry processed by
many facilities, any unnecessary closures can quickly
have a large effect on the food supply chain. For
example, closure of a single large beef processing
facility can result in the loss of over 10 million
individual servings of beef in a single day. Similarly,
under established supply chains, closure of a single
meat or poultry processing facility can severely
disrupt the supply of protein to an entire grocery
store chain.
Accordingly, I find that meat and poultry in the food
supply chain 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 Agriculture shall take all appropriate
action under that section to ensure that meat and
poultry processors continue operations consistent with
the guidance for their operations jointly issued by the
CDC and OSHA. Under the delegation of authority
provided in this order, the Secretary of Agriculture
may identify additional specific food supply chain
resources that meet the criteria of section 101(b).
[[Page 26314]]
Sec. 2. Ensuring the Continued Supply of Meat and
Poultry. (a) Notwithstanding Executive Order 13603 of
March 16, 2012 (National Defense Resources
Preparedness), the authority of the President 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 (50 U.S.C. 4554, 4555, 4556, 4559, 4560), is
delegated to the Secretary of Agriculture with respect
to food supply chain resources, including meat and
poultry, during the national emergency caused by the
outbreak of COVID-19 within the United States.
(b) The Secretary of Agriculture shall use the
authority under section 101 of the Act, in consultation
with the heads of such other executive departments and
agencies as he deems appropriate, to determine the
proper nationwide priorities and allocation of all the
materials, services, and facilities necessary to ensure
the continued supply of meat and poultry, consistent
with the guidance for the operations of meat and
poultry processing facilities jointly issued by the CDC
and OSHA.
(c) The Secretary of Agriculture shall issue such
orders and adopt and revise appropriate rules and
regulations as may be necessary to implement this
order.
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,
April 28, 2020.
[FR Doc. 2020-09536
Filed 4-30-20; 11:15 am]
Billing code 3295-F0-P