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, 26313-26314 [2020-09536]

Download as PDF 26313 Presidential Documents Federal Register Vol. 85, No. 85 Friday, May 1, 2020 Title 3— Executive Order 13917 of April 28, 2020 The President 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). VerDate Sep<11>2014 08:58 May 01, 2020 Jkt 250001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\01MYE0.SGM 01MYE0 26314 Federal Register / Vol. 85, No. 85 / Friday, May 1, 2020 / Presidential Documents 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. THE WHITE HOUSE, April 28, 2020. [FR Doc. 2020–09536 Billing code 3295–F0–P VerDate Sep<11>2014 08:58 May 01, 2020 Jkt 250001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\01MYE0.SGM 01MYE0 Trump.EPS</GPH> Filed 4–30–20; 11:15 am]

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[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





-----------------------------------------------------------------------



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