[Federal Register Volume 85, Number 78 (Wednesday, April 22, 2020)]
[Notices]
[Pages 22515-22516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08441]


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DEPARTMENT OF VETERAN AFFAIRS


Delegation of Authority

AGENCY: Department of Veterans Affairs.

ACTION: Notice.

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SUMMARY: On March 13, 2020, the President declared a national emergency 
recognizing the threat that the ongoing outbreak of COVID-19, the 
disease caused by the novel (new) coronavirus known as SARS-CoV-2 
(``the virus''), poses to the Nation's healthcare systems. On April 10, 
2020, the President of the United States issued a Memorandum for the 
Secretary of Veterans Affairs, ``Authorizing the Exercise of Authority 
under Public Law 85-804.'' The Memorandum authorizes the Secretary to 
exercise authority with respect to contracts performed in support of 
efforts by the Department of Veterans Affairs to combat COVID-19. The 
President authorized and directed the Secretary of Veterans Affairs to 
publish this memorandum in the Federal Register. The text of the 
memorandum is set out below.

SUPPLEMENTARY INFORMATION: 

Signing Authority

    The Secretary of Veterans Affairs approved this document and 
authorized the undersigned to sign and submit the document to the 
Office of the Federal Register for publication electronically as an 
official document of the Department of Veterans Affairs. Pamela Powers, 
Chief of Staff, Performing the Delegable Duties of the Deputy 
Secretary, Department of Veterans Affairs, approved this document on 
April 16, 2020, for publication.

Jeffrey M. Martin,
Assistant Director, Office of Regulation Policy & Management, Office of 
the Secretary, Department of Veterans Affairs.

MEMORANDUM FOR THE SECRETARY OF VETERANS AFFAIRS

SUBJECT: Authorizing the Exercise of Authority Under Public Law 85-804

    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, I hereby direct the 
following:
    Section 1. On March 13, 2020, I declared a national emergency 
recognizing the threat that the ongoing outbreak of COVID-19, the 
disease caused by the novel (new) coronavirus known as SARS-CoV-2 
(``the virus''), poses to the Nation's healthcare systems. I also 
determined on the same day that the COVID-19 outbreak constitutes an 
emergency, of nationwide scope, pursuant to section 501(b) of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5191(b)). On March 18, 2020, I declared that health and medical 
resources needed to respond to the spread of COVID-19 meet the criteria 
specified in section 101(b) of the Defense Production Act of 1950 (50 
U.S.C. 4511(b)), including that they are essential to the national 
defense.
    Sec. 2. The Secretary of Veterans Affairs is authorized to exercise 
authority under Public Law 85-804, as amended (50 U.S.C. 1431 et seq.), 
to the same extent and subject to the same conditions and limitations 
as the head of an executive department or agency listed in section 21 
of Executive Order 10789 of November 14, 1958 (Authorizing Agencies of 
the Government to Exercise Certain Contracting Authority in Connection 
with National-Defense Functions and Prescribing Regulations Governing 
the Exercise of Such Authority), as amended, with respect to contracts 
performed in support of efforts by the Department of Veterans Affairs 
to combat the virus. This authority may only be exercised with regard 
to transactions directly responsive to the COVID-19 national emergency.
    Sec. 3. The Department of Veterans Affairs is exercising functions 
in connection with the national defense in the course of contributing 
to the Nation's response to the ongoing outbreak of COVID-19. I deem 
that the authorization provided in this memorandum and actions taken 
pursuant to that authorization would facilitate the national defense.
    Sec. 4. This memorandum shall terminate on September 30, 2020.
    Sec. 5. (a) Nothing in this memorandum 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 memorandum shall be implemented consistent with applicable 
law and subject to the availability of appropriations.
    (c) This memorandum is not intended to, and does not, create any 
right or benefit, substantive or procedural,

[[Page 22516]]

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.
    Sec. 6. You are authorized and directed to publish this memorandum 
in the Federal Register.
DONALD J. TRUMP
[FR Doc. 2020-08441 Filed 4-21-20; 8:45 am]
 BILLING CODE 8320-01-P