Establishing Federal Capability for the Timely Provision of Medical Countermeasures Following a Biological Attack

Executive Order 13527 of December 30, 2009

Establishing Federal Capability for the Timely
Provision of Medical Countermeasures Following a
Biological Attack

By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered as follows:

Section 1. Policy. It is the policy of the United
States to plan and prepare for the timely provision of
medical countermeasures to the American people in the
event of a biological attack in the United States
through a rapid Federal response in coordination with
State, local, territorial, and tribal governments.

This policy would seek to: (1) mitigate illness and
prevent death; (2) sustain critical infrastructure; and
(3) complement and supplement State, local,
territorial, and tribal government medical
countermeasure distribution capacity.

Sec. 2. United States Postal Service Delivery of
Medical Countermeasures. (a) The U.S. Postal Service
has the capacity for rapid residential delivery of
medical countermeasures for self administration across
all communities in the United States. The Federal
Government shall pursue a national U.S. Postal Service
medical countermeasures dispensing model to respond to
a large-scale biological attack.

(b) The Secretaries of Health and Human Services and
Homeland Security, in coordination with the U.S. Postal
Service, within 180 days of the date of this order,
shall establish a national U.S. Postal Service medical
countermeasures dispensing model for U.S. cities to
respond to a large-scale biological attack, with
anthrax as the primary threat consideration.

(c) In support of the national U.S. Postal Service
model, the Secretaries of Homeland Security, Health and
Human Services, and Defense, and the Attorney General,
in coordination with the U.S. Postal Service, and in
consultation with State and local public health,
emergency management, and law enforcement officials,
within 180 days of the date of this order, shall
develop an accompanying plan for supplementing local
law enforcement personnel, as necessary and
appropriate, with local Federal law enforcement, as
well as other appropriate personnel, to escort U.S.
Postal workers delivering medical countermeasures.

Sec. 3. Federal Rapid Response. (a) The Federal
Government must develop the capacity to anticipate and
immediately supplement the capabilities of affected
jurisdictions to rapidly distribute medical
countermeasures following a biological attack.
Implementation of a Federal strategy to rapidly
dispense medical countermeasures requires establishment
of a Federal rapid response capability.

(b) The Secretaries of Homeland Security and Health and
Human Services, in coordination with the Secretary of
Defense, within 90 days of the date of this order,
shall develop a concept of operations and establish
requirements for a Federal rapid response to dispense
medical countermeasures to an affected population
following a large-scale biological attack.

Sec. 4. Continuity of Operations. (a) The Federal
Government must establish mechanisms for the provision
of medical countermeasures to personnel performing
mission-essential functions to ensure that mission-
essential functions of Federal agencies continue to be
performed following a biological attack.

(b) The Secretaries of Health and Human Services and
Homeland Security, within 180 days of the date of this
order, shall develop a plan for the provision of
medical countermeasures to ensure that mission-
essential functions of executive branch departments and
agencies continue to be performed following a large-
scale biological attack.

Sec. 5. General Provisions.

(a) Nothing in this order shall be construed to impair
or otherwise affect:

    (i) authority granted by law to a department or
agency, or the head thereof; or
    (ii) 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,

    December 30, 2009.