Making General Use Respirators Available

This March 11, 2020 memorandum directs the Secretary of Health and Human Services to take all appropriate steps to facilitate emergency use of general use respirators by healthcare personnel during the COVID-19 pandemic, using authorities under the Public Health Service Act and the Federal Food, Drug, and Cosmetic Act. It also directs the Secretary of Labor to consider steps to increase respirator availability.

Federal Register Open PDF 85 FR 15049

Key directives

Secretary of Health and Human Services shall take all appropriate and necessary steps with respect to general use respirators to facilitate their emergency use by healthcare personnel in healthcare facilities and elsewhere
Secretary of Labor shall consider all appropriate and necessary steps to increase the availability of respirators

Who is ordered

Timeline

Immediate

HHS Secretary directed to facilitate emergency use of respirators
Secretary of Labor directed to consider increasing respirator availability

Near term (90d)

—

Long term

—

Risks & tensions

HHS directive uses mandatory 'shall' language while Labor directive uses weaker 'consider' language, creating uneven implementation pressure
No specific quantities or distribution mechanisms defined
Document references prior HHS declaration of March 10, 2020 but does not create new legal authority