Delegating Additional Authority Under the Defense Production Act With Respect to Health and Medical Resources To Respond to the Spread of COVID-19
| Published date | 01 April 2020 |
| Citation | 85 FR 18403 |
| Record Number | 2020-06969 |
| Section | Presidential Documents |
| Court | Executive Office Of The President |
Federal Register, Volume 85 Issue 63 (Wednesday, April 1, 2020)
[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 IVThe President-----------------------------------------------------------------------
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:
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 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. 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]]
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) 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 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).
(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.
(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.
(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
