Delegating Additional Authority Under the Defense Production Act With Respect to Health and Medical Resources To Respond to the Spread of COVID-19, 18403-18405 [2020-06969]

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• Executive Office of the President

[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 IV





The President





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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