Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of COVID-19

Executive Order 13909 of March 18, 2020

Prioritizing and Allocating 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 and Findings. On March 13, 2020, I
declared a national emergency recognizing the threat
that the novel (new) coronavirus known as SARS-CoV-2
poses to our national security. 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 system. To ensure that our healthcare system
is able to surge capacity and capability to respond to
the spread of COVID-19, it is critical that all health
and medical resources needed to respond to the spread
of COVID-19 are properly distributed to the Nation's
healthcare system and others that need them most at
this time.

Accordingly, I find that health and medical resources
needed to respond to the spread of COVID-19, including
personal protective equipment and ventilators, 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 Health and
Human Services may identify additional specific health
and medical resources that meet the criteria of section
101(b).

Sec. 2. Priorities and Allocation of Medical Resources.

    (a) Notwithstanding Executive Order 13603 of March
16, 2012 (National Defense Resource Preparedness), the
authority of the President conferred by section 101 of
the Act 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, is delegated to the Secretary of Health
and Human Services with respect to all health and
medical resources needed to respond to the spread of
COVID-19 within the United States.
    (b) The Secretary of Health and Human Services may
use the authority under section 101 of the Act to
determine, in consultation with the Secretary of
Commerce and the heads of other executive departments
and agencies as appropriate, the proper nationwide
priorities and allocation of all health and medical
resources, including 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.
    (c) The Secretary of Health and Human Services
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,

    March 18, 2020.