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EO 13909Executive OrderTrump 45 · R Quiet signal

Executive Order 13909

Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of COVID-19

This executive order delegates presidential authority under the Defense Production Act to the Secretary of Health and Human Services to prioritize and allocate health and medical resources—including personal protective equipment and ventilators—for responding to COVID-19. It overrides the usual delegation structure in Executive Order 13603 for these specific resources.

Federal Register Open PDF 85 FR 16227

Impact dates

  1. HHS Secretary shall issue orders and adopt/revise appropriate rules and regulations as may be necessary to implement this order

Key directives

  • Delegate DPA Section 101 authority to HHS Secretary for health and medical resources needed for COVID-19 response
  • HHS Secretary may identify additional specific health and medical resources meeting DPA criteria
  • HHS Secretary shall issue orders and adopt/revise rules and regulations as necessary to implement the order
  • HHS to consult with Commerce Secretary and other agency heads on nationwide priorities and allocation
  • HHS authorized to control distribution of materials in civilian market

Who is ordered

Timeline

Immediate

  • Delegation of DPA prioritization authority to HHS Secretary takes effect
  • HHS Secretary authorized to identify additional covered health and medical resources

Near term (90d)

  • HHS Secretary to issue orders and adopt/revise rules and regulations to implement the order
  • Potential prioritization orders affecting civilian market distribution of PPE and ventilators

Long term

  • Ongoing allocation of health and medical resources throughout COVID-19 pandemic response
  • Potential lasting precedent for pandemic-era use of DPA authority for health resources

Risks & tensions

  • No explicit deadline for HHS to issue implementing orders and regulations—timing is discretionary ('as may be necessary')
  • Centralized federal allocation may create friction with state/local procurement efforts already underway
  • Civilian market distribution controls could disrupt existing supply chains and commercial contracts
  • Overrides prior EO 13603 framework; unclear coordination mechanism with other DPA delegations
Executive Order 13909: Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of COVID-19 · Executive Orders