Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of COVID-19
The order invokes the Defense Production Act to give the Secretary of Health and Human Services direct authority to control the nationwide distribution of health and medical resources — including personal protective equipment and ventilators — in response to the COVID-19 pandemic.
It is the first executive order to transfer Defense Production Act priority and allocation powers to HHS for the COVID-19 response, allowing the department to override civilian market contracts and compel manufacturers to prioritize government needs without waiting for further legislation.
What this order does
What it orders
The order delegates to the Secretary of Health and Human Services the President's authority under Section 101 of the Defense Production Act to require that contracts for health and medical resources be prioritized for national defense purposes over any other contracts. It authorizes HHS to allocate materials, services, and facilities, and to control the distribution of health and medical resources — including PPE and ventilators — in the civilian market nationwide. The Secretary may also identify additional specific health and medical resources beyond those named in the order that meet the Act's criteria, and must issue orders and regulations as needed to implement the delegation.
The order carves out a limited exception to Executive Order 13603 (National Defense Resource Preparedness) so that HHS, rather than the agencies designated under that prior order, holds this authority for COVID-19 health resources. Standard general provisions apply: nothing impairs existing agency authority, implementation is subject to available appropriations, and the order creates no individually enforceable legal rights.
Who it affects
Manufacturers, distributors, and suppliers of personal protective equipment, ventilators, and other health and medical resources, whose civilian-market contracts can now be overridden or redirected by HHS. Hospitals, healthcare systems, and state and local governments seeking these supplies are also directly affected.
Why it matters
During the COVID-19 pandemic, supplies of PPE and ventilators were critically scarce. This order gives HHS the legal power to compel manufacturers to fill government orders first and to redirect supply chains away from private buyers — meaning who gets critical medical equipment, and when, is now a federal government decision.
What must happen and when
How the order is supposed to work
The Secretary of HHS exercises the delegated authority in consultation with the Secretary of Commerce and other agency heads as appropriate. HHS can immediately issue binding orders to manufacturers and distributors, require prioritization of government contracts over civilian ones, and control the flow of supplies through the civilian market. HHS must also issue implementing rules and regulations. The authority is bounded by available appropriations and existing law, but no additional rulemaking is required before HHS can begin acting.
Actions and deadlines
- Issue orders, rules, and regulations necessary to implement the delegated Defense Production Act authority
- Identify additional health and medical resources meeting Defense Production Act Section 101(b) criteria beyond those named in the order