Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of COVID-19
This executive order, issued by President Donald J. Trump, leverages the Defense Production Act of 1950 to empower the Secretary of Health and Human Services (HHS) to prioritize and allocate health and medical resources needed to respond to the spread of COVID-19 in the United States. It directs HHS, in consultation with the Secretary of Commerce and other agencies as appropriate, to determine nationwide priorities and to control the distribution of essential resources—such as personal protective equipment (PPE) and ventilators—across both federal and civilian markets. HHS is authorized to issue binding orders and issue or revise regulations necessary to implement these allocations. The order also clarifies that this action does not diminish other agencies’ authorities, must align with existing law, and is subject to available appropriations; it does not create new rights enforceable in court. In short, the order centralizes emergency allocation power to ensure critical medical supplies reach areas and providers with the greatest need during COVID-19 surges, potentially superseding ordinary market distribution to protect national health security.
Key Points
- 1Delegation of authority under the Defense Production Act to HHS: The President transfers to the Secretary of Health and Human Services the power to require performance of contracts or other measures to promote national defense by allocating health and medical resources needed to respond to COVID-19 in the United States.
- 2Nationwide priorities and allocation: HHS may set and manage nationwide priorities for all health and medical resources (including controlling civilian-market distribution) in order to respond to COVID-19, with input from the Secretary of Commerce and other agency heads.
- 3Implementation through orders and regulations: HHS is authorized to issue binding orders and to adopt or revise rules and regulations as necessary to implement the allocation plan.
- 4General provisions and limitations: The order preserves existing authorities of executive departments and the OMB; it operates within the law and subject to appropriations; it does not create enforceable rights against the United States or its agencies.
- 5Context and purpose: The order aims to ensure that health and medical resources—especially PPE and ventilators—are available where they are most needed, in response to the March 2020 national emergency declared over COVID-19 and the reported risk to the healthcare system.