Preventing Hoarding of Health and Medical Resources To Respond to the Spread of COVID-19
This executive order (EO 13910, March 23, 2020) delegates the Secretary of Health and Human Services (HHS) broad authority under the Defense Production Act to prevent hoarding of health and medical resources needed to respond to COVID-19. The Secretary may designate certain materials as scarce, set rules limiting how much can be accumulated, and restrict resale at inflated prices. It also authorizes the Secretary to implement priorities and allocations under the act’s Subchapter III to ensure critical resources (like PPE and other medical supplies) are directed to respond to the pandemic. The order requires coordination with the FEMA Administrator, allows for rulemaking, and calls for periodic review of designations with withdrawal notices when the designation is no longer needed. It preserves other authorities, requires implementation within existing laws and appropriations, and clarifies that the order does not create enforceable rights.
Key Points
- 1Delegation of authority to the Secretary of Health and Human Services to prevent hoarding, including designating scarce materials and setting conditions on accumulation (to stop excess stockpiling or price-gouging).
- 2Authority to implement priorities and allocations under Subchapter III of the Defense Production Act, enabling actions to ensure essential health and medical resources are available for the COVID-19 response.
- 3Requirement for the Secretary to consult with the Administrator of the Federal Emergency Management Agency (FEMA) when exercising these authorities.
- 4The Secretary may adopt and revise rules and regulations as needed to implement the order.
- 5The Secretary must periodically review whether designations remain necessary and publish withdrawal notices in the Federal Register when a designation is no longer required.
- 6General provisions: the order does not weaken other laws or the President’s or agencies’ existing authorities, is subject to appropriations, and does not create enforceable rights for individuals or entities.