ExecutiveOrdersEO
EO 13910Executive OrderTrump 45 · R

Executive Order 13910

Preventing Hoarding of 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 prevent hoarding of health and medical resources needed for the COVID-19 response, including the power to designate materials as scarce and prescribe accumulation limits. The Secretary must consult FEMA when exercising this authority and periodically review whether designations remain necessary.

Federal Register Open PDF 85 FR 17001

Impact dates

  1. Periodic review of designations for continued necessity

  2. Prompt Federal Register publication of withdrawal notice upon finding designation unnecessary

  3. Secretary to adopt and revise rules and regulations as necessary to implement order

Key directives

  • Delegate authority under DPA section 102 to HHS Secretary to prevent hoarding of COVID-19 health and medical resources
  • Delegate authority under DPA subchapter III of chapter 55, title 50 (information gathering, implementation)
  • Secretary shall consult FEMA Administrator when exercising delegated authority
  • Secretary shall adopt and revise rules and regulations as necessary
  • Secretary shall periodically review designations and publish Federal Register notices of withdrawal when no longer necessary

Who is ordered

Timeline

Immediate

  • Delegation of anti-hoarding authority to HHS Secretary takes effect
  • Secretary authorized to designate scarce materials and prescribe accumulation conditions

Near term (90d)

  • Secretary to adopt and revise rules and regulations to implement the order
  • Potential designations of specific materials as scarce published

Long term

  • Periodic review of designations by Secretary
  • Ongoing enforcement of anti-hoarding measures until pandemic subsides

Risks & tensions

  • Vague on specific materials to be designated—leaves broad discretion to Secretary without immediate list
  • No explicit deadline for adopting rules and regulations; 'as necessary' is open-ended
  • Potential tension between supply chain enforcement and legitimate business inventory needs
  • Relies on Secretary's subjective judgment for periodic review and withdrawal timing
  • Information gathering authority (50 U.S.C. 4555) raises implementation questions on scope and privacy
Executive Order 13910: Preventing Hoarding of Health and Medical Resources To Respond to the Spread of COVID-19 · Executive Orders