{"id":"FED-070","kind":"order","level":"federal","jurisdiction":"United States (all health and medical resources needed to respond to COVID-19)","state":"","metro":"","industry":"","agency":"","eco":"","issuer":"President Donald J. Trump","authority":"Defense Production Act of 1950 § 101 (50 U.S.C. § 4511); 3 U.S.C. § 301","instrument":"Executive Order 13909","title":"Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of COVID-19, 85 Fed. Reg. 16227 (Mar. 23, 2020)","dateIssued":"2020-03-18","effective":"2020-03-18","end":"for the duration of the national emergency (the DPA authorities remained delegated through the period)","startDate":"2020-03-18","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["SUPPLY"],"addressees":["the Secretary of HHS (delegate)","every manufacturer, distributor and purchaser of PPE, ventilators and other health and medical resources (subject to priority and allocation orders)"],"clause":"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)).... Sec. 2. Priorities and Allocation of Medical Resources. (a)... 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... 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... 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","enforcement":"DPA § 101 priority ratings and allocation orders; DPA § 103 (50 U.S.C. § 4513) criminal penalties for willful violation","functions":["SC supply of PPE, respirators, ventilators and testing supplies to every industry (dental, physician practices, hospitals, home care, manufacturing, construction, personal services)","DS distribution of medical products (wholesale-distribution)","PF production floors of medical manufacturers under rated orders"],"notes":"With FED-071, FED-072, FED-074 and FED-075 this is the federal layer that took PPE out of the civilian market in 2020Q2: \u0027controlling the distribution of such materials... in the civilian market\u0027. Dental, physician, veterinary, salon, construction and manufacturing employers could not lawfully obtain N95 respirators diverted by rated orders or exported without FEMA approval.","sourceUrl":"https://www.govinfo.gov/content/pkg/FR-2020-03-23/pdf/2020-06161.pdf","snapshot":"","fileExists":true,"fileBytes":178802,"grade":"primary","character":"","description":"","collection":"FED-A","url":"/library/FED-070","exhibitUrl":"/exhibit/FED-070","citation":"President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)","stateName":"","related":["FED-071","FED-072","FED-074","FED-075","ECO-A-060","FED-182","FED-001","FED-073"]}