Delegating Authority Under the Defense Production Act to the Chief Executive Officer of the United States International Development Finance Corporation To Respond to the COVID-19 Outbreak

Citation85 FR 30583
Published date19 May 2020
Record Number2020-10953
SectionPresidential Documents
CourtExecutive Office Of The President
Federal Register, Volume 85 Issue 97 (Tuesday, May 19, 2020)
[Federal Register Volume 85, Number 97 (Tuesday, May 19, 2020)]
                [Presidential Documents]
                [Pages 30583-30584]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-10953]
                [[Page 30581]]
                Vol. 85
                Tuesday,
                No. 97
                May 19, 2020
                Part III
                The President
                -----------------------------------------------------------------------
                Executive Order 13922--Delegating Authority Under the Defense
                Production Act to the Chief Executive Officer of the United States
                International Development Finance Corporation To Respond to the COVID-
                19 Outbreak
                 Presidential Documents
                Federal Register / Vol. 85 , No. 97 / Tuesday, May 19, 2020 /
                Presidential Documents
                ___________________________________________________________________
                Title 3--
                The President
                [[Page 30583]]
                 Executive Order 13922 of May 14, 2020
                
                Delegating Authority Under the Defense Production
                 Act to the Chief Executive Officer of the United States
                 International Development Finance Corporation To
                 Respond to the COVID-19 Outbreak
                 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.
                 To ensure that our country has the capacity,
                 capability, and strong and resilient domestic
                 industrial base necessary to respond to the COVID-19
                 outbreak, it is the policy of the United States to
                 further expand domestic production of strategic
                 resources needed to respond to the COVID-19 outbreak,
                 including strengthening relevant supply chains within
                 the United States and its territories. It is important
                 to use all resources available to the United States,
                 including executive departments and agencies (agencies)
                 with expertise in loan support for private
                 institutions. Accordingly, I am delegating authority
                 under title III of the Act to make loans, make
                 provision for purchases and commitments to purchase,
                 and take additional actions to create, maintain,
                 protect, expand, and restore the domestic industrial
                 base capabilities, including supply chains within the
                 United States and its territories (``domestic supply
                 chains''), needed to respond to the COVID-19 outbreak.
                 Sec. 2. Delegation of Authority Under Title III of the
                 Act. (a) Notwithstanding Executive Order 13603 of March
                 16, 2012 (National Defense Resources Preparedness), and
                 in addition to the delegation of authority in 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), the Chief Executive Officer of the
                 United States International Development Finance
                 Corporation (DFC) is delegated the authority of the
                 President conferred by sections 302 and 303 of the Act
                 (50 U.S.C. 4532 and 4533), and the authority to
                 implement the Act in subchapter III of chapter 55 of
                 title 50, United States Code (50 U.S.C. 4554, 4555,
                 4556, and 4560).
                 (b) The Chief Executive Officer of the DFC may use
                 the authority under sections 302 and 303 of the Act, in
                 consultation with the Secretary of Defense, the
                 Secretary of Health and Human Services, the Secretary
                 of Homeland Security, and the heads of other agencies
                 as he deems appropriate, for the domestic production of
                 strategic resources needed to respond to the COVID-19
                 outbreak, or to strengthen any relevant domestic supply
                 chains.
                [[Page 30584]]
                 (c) The loan authority delegated by this order is
                 limited to loans that create, maintain, protect,
                 expand, or restore domestic industrial base
                 capabilities supporting:
                (i) the national response and recovery to the COVID-19 outbreak; or
                (ii) the resiliency of any relevant domestic supply chains.
                 (d) Loans extended using the authority delegated by
                 this order shall be made in accordance with the
                 principles and guidelines outlined in OMB Circular A-
                 11, OMB Circular A-129, and the Federal Credit Reform
                 Act of 1990, as amended (2 U.S.C. 661 et seq.).
                 (e) The Chief Executive Officer of the DFC shall
                 adopt appropriate rules and regulations as may be
                 necessary to implement this order.
                 Sec. 3. Termination. The delegation of authority in
                 this order shall expire upon termination of the 2-year
                 period during which the requirements described in
                 section 302(c)(1) of the Act (50 U.S.C. 4532(c)(1)) are
                 waived pursuant to title III of division B of the
                 Coronavirus Aid, Relief, and Economic Security Act
                 (Public Law 116-136).
                 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,
                 May 14, 2020.
                [FR Doc. 2020-10953
                Filed 5-18-20; 11:15 am]
                Billing code 3295-F0-P
                

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