Delegating Authority Under the Defense Production Act to the Chief Executive Officer of the United States International Development Finance Corporation To Respond to the COVID-19 Outbreak

Executive Order 13922 of May 14, 2020

Delegating Authority Under the Defense Production
Act to the Chief Executive Officer of the United States
International Development Finance Corporation To
Respond to the COVID-19 Outbreak

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.

To ensure that our country has the capacity,
capability, and strong and resilient domestic
industrial base necessary to respond to the COVID-19
outbreak, it is the policy of the United States to
further expand domestic production of strategic
resources needed to respond to the COVID-19 outbreak,
including strengthening relevant supply chains within
the United States and its territories. It is important
to use all resources available to the United States,
including executive departments and agencies (agencies)
with expertise in loan support for private
institutions. Accordingly, I am delegating authority
under title III of the Act to make loans, make
provision for purchases and commitments to purchase,
and take additional actions to create, maintain,
protect, expand, and restore the domestic industrial
base capabilities, including supply chains within the
United States and its territories (“domestic supply
chains”), needed to respond to the COVID-19 outbreak.

Sec. 2. Delegation of Authority Under Title III of the
Act. (a) Notwithstanding Executive Order 13603 of March
16, 2012 (National Defense Resources Preparedness), and
in addition to the delegation of authority in Executive
Order 13911 of March 27, 2020 (Delegating Additional
Authority Under the Defense Production Act With Respect
to Health and Medical Resources to Respond to the
Spread of COVID-19), the Chief Executive Officer of the
United States International Development Finance
Corporation (DFC) is delegated the authority of the
President conferred by sections 302 and 303 of the Act
(50 U.S.C. 4532 and 4533), and the authority to
implement the Act in subchapter III of chapter 55 of
title 50, United States Code (50 U.S.C. 4554, 4555,
4556, and 4560).

    (b) The Chief Executive Officer of the DFC may use
the authority under sections 302 and 303 of the Act, in
consultation with the Secretary of Defense, the
Secretary of Health and Human Services, the Secretary
of Homeland Security, and the heads of other agencies
as he deems appropriate, for the domestic production of
strategic resources needed to respond to the COVID-19
outbreak, or to strengthen any relevant domestic supply
chains.

    (c) The loan authority delegated by this order is
limited to loans that create, maintain, protect,
expand, or restore domestic industrial base
capabilities supporting:

(i) the national response and recovery to the COVID-19 outbreak; or

(ii) the resiliency of any relevant domestic supply chains.

    (d) Loans extended using the authority delegated by
this order shall be made in accordance with the
principles and guidelines outlined in OMB Circular A-
11, OMB Circular A-129, and the Federal Credit Reform
Act of 1990, as amended (2 U.S.C. 661 et seq.).
    (e) The Chief Executive Officer of the DFC shall
adopt appropriate rules and regulations as may be
necessary to implement this order.

Sec. 3. Termination. The delegation of authority in
this order shall expire upon termination of the 2-year
period during which the requirements described in
section 302(c)(1) of the Act (50 U.S.C. 4532(c)(1)) are
waived pursuant to title III of division B of the
Coronavirus Aid, Relief, and Economic Security Act
(Public Law 116-136).

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,

    May 14, 2020.