[Federal Register Volume 85, Number 59 (Thursday, March 26, 2020)]
[Presidential Documents]
[Pages 17001-17002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06478]
Presidential Documents
Federal Register / Vol. 85, No. 59 / Thursday, March 26, 2020 /
Presidential Documents
[[Page 17001]]
Executive Order 13910 of March 23, 2020
Preventing Hoarding of 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''), 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 further 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 (Secretary) 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.
To ensure that our Nation's 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 that health and medical resources needed to
respond to the spread of COVID-19, such as personal
protective equipment and sanitizing and disinfecting
products, are not hoarded. Accordingly, I am delegating
to the Secretary my authority under section 102 of the
Act (50 U.S.C. 4512) to prevent hoarding of health and
medical resources necessary to respond to the spread of
COVID-19 within the United States. I am also delegating
to the Secretary my authority under the Act to
implement any restrictions on hoarding, including my
authority under section 705 of the Act (50 U.S.C. 4555)
to gather information, such as information about how
supplies of such resources are distributed throughout
the Nation.
Sec. 2. Delegation of Authority to Prevent Hoarding.
(a) The Secretary is delegated the following:
(i) the authority of the President conferred by section 102 of the Act to
prevent hoarding of health and medical resources necessary to respond to
the spread of COVID-19 within the United States, including the authority to
prescribe conditions with respect to the accumulation of such resources,
and to designate any material as a scarce material, or as a material the
supply of which would be threatened by persons accumulating the material
either in excess of reasonable demands of business, personal, or home
consumption, or for the purpose of resale at prices in excess of prevailing
market prices; and
(ii) the authority of the President to implement the Act contained in
subchapter III of chapter 55 of title 50, United States Code (50 U.S.C.
4554, 4555, 4556, and 4560).
[[Page 17002]]
(b) In exercising the authority delegated under
this section, the Secretary shall consult the
Administrator of the Federal Emergency Management
Agency.
(c) The Secretary shall adopt and revise
appropriate rules and regulations as may be necessary
to implement this order.
Sec. 3. Secretarial Duty Concerning Notices of
Withdrawal of Designation. The Secretary shall
periodically consider whether the designations made
pursuant to section 2 of this order remain necessary.
Upon finding that the need for such designation of
material is no longer necessary, the Secretary shall
promptly publish a notice of withdrawal of the
designation in the Federal Register, and in such other
manner as the Secretary deems appropriate.
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,
March 23, 2020.
[FR Doc. 2020-06478
Filed 3-25-20; 8:45 am]
Billing code 3295-F0-P