Defense and National Security: Biological Attacks; Establishing Federal Capability To Provide Medical Countermeasures (EO 13527)

Federal Register: January 6, 2010 (Volume 75, Number 3)

Presidential Documents

Page 737-738

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr06ja10-60

Presidential Documents

Title 3--

The President

Page 737

Executive Order 13527 of December 30, 2009

Establishing Federal Capability for the Timely

Provision of Medical Countermeasures Following a

Biological Attack

By the authority vested in me as President by the

Constitution and the laws of the United States of

America, it is hereby ordered as follows:

Section 1. Policy. It is the policy of the United

States to plan and prepare for the timely provision of medical countermeasures to the American people in the event of a biological attack in the United States through a rapid Federal response in coordination with

State, local, territorial, and tribal governments.

This policy would seek to: (1) mitigate illness and prevent death; (2) sustain critical infrastructure; and

(3) complement and supplement State, local, territorial, and tribal government medical countermeasure distribution capacity.

Sec. 2. United States Postal Service Delivery of

Medical Countermeasures. (a) The U.S. Postal Service has the capacity for rapid residential delivery of medical countermeasures for self administration across all communities in the United States. The Federal

Government shall pursue a national U.S. Postal Service medical countermeasures dispensing model to respond to a large-scale biological attack.

(b) The Secretaries of Health and Human Services and

Homeland Security, in coordination with the U.S. Postal

Service, within 180 days of the date of this order, shall establish a national U.S. Postal Service medical countermeasures dispensing model for U.S. cities to respond to a large-scale biological attack, with anthrax as the primary threat consideration.

(c) In support of the national U.S. Postal Service model, the Secretaries of Homeland Security, Health and

Human Services, and Defense, and the Attorney General, in coordination with the U.S. Postal Service, and in consultation with State and local public health, emergency management, and law enforcement officials, within 180 days of the date of this order, shall develop an accompanying plan for supplementing local law enforcement personnel, as necessary and appropriate, with local Federal law enforcement, as well as other appropriate personnel, to escort U.S.

Postal workers delivering medical countermeasures.

Sec. 3. Federal Rapid Response. (a) The Federal

Government must develop the capacity to anticipate and immediately supplement the capabilities of affected jurisdictions to rapidly distribute medical countermeasures following a biological attack.

Implementation of a Federal strategy to rapidly dispense medical countermeasures requires establishment of a Federal rapid response capability.

(b) The Secretaries of Homeland Security and Health and

Human Services, in coordination with the Secretary of

Defense, within 90 days of the date of this order, shall develop a concept of operations and establish requirements for a Federal rapid response to dispense medical countermeasures to an affected population following a large-scale biological attack.

Sec. 4. Continuity of Operations. (a) The Federal

Government must establish mechanisms for the provision of medical countermeasures to personnel performing mission-essential functions to ensure that mission- essential functions of Federal agencies continue to be performed following a biological attack.

Page 738

(b) The Secretaries of Health and Human Services and

Homeland Security, within 180 days of the date of this order, shall develop a plan for the provision of medical countermeasures to ensure that mission- essential functions of executive branch departments and agencies continue to be performed following a large- scale biological attack.

Sec. 5. General Provisions.

(a) Nothing in this order shall be construed to impair or otherwise affect:

(i) authority granted by law to a department or agency, or the head thereof; or

(ii) 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,

December 30, 2009.

FR Doc. 2010-38

Filed 1-5-10; 8:45 am

Billing code 3195-W0-P