Executive Order 13909: Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of COVID-19
President: Donald J. Trump
Used Defense Production Act priority and allocation authorities for scarce health and medical resources during COVID-19, delegating implementation to HHS and other agencies.
Status: In effect. Sources: Federal Register: Executive Order 13909 · Federal Register 2020 executive order disposition table · ASPR: Defense Production Act.
Is Executive Order 13909 still in effect? Yes. Executive Order 13909, signed March 18, 2020, remains an unrevoked delegation of Defense Production Act authority for health and medical resources needed to respond to COVID-19. Unlike a temporary emergency waiver, its delegation has no stated expiration date.
What does Executive Order 13909 do?
EO 13909 authorized the Secretary of Health and Human Services to prioritize and allocate health and medical resources under the Defense Production Act and related emergency authorities.
Later evidence reviewed September 24, 2026: FEMA’s later allocation rule expressly described EO 13909’s DPA findings and delegation to HHS as part of the pandemic resource framework. FEMA’s own allocation authority came from the companion EO 13911; this source does not equate the two delegations. FEMA pandemic allocation rule.
Before and after
Before the order
The Defense Production Act supplied allocation authorities before this health-resource delegation.
After the order
FEMA’s later allocation rule expressly described EO 13909’s DPA findings and delegation to HHS as part of the pandemic resource framework. FEMA’s own allocation authority came from the companion EO 13911; this source does not equate the two delegations.
Who had to do what
| Agency / official | What the signed order directed | Deadline / timing |
|---|---|---|
| HHS Secretary | Exercise delegated Defense Production Act priority-contract and allocation authority for COVID-19 health and medical resources; may identify additional resources and determine nationwide priorities; issue necessary orders and rules. | No separate deadline specified. |
| Secretary of Commerce | Consult with HHS on nationwide resource priorities and allocation. | No separate deadline specified. |
| Other appropriate department and agency heads | Consult with HHS on nationwide resource priorities and allocation. | No separate deadline specified. |
Source: Signed Federal Register text.
What happened next
EO 13909 signed; its Federal Register publication followed.
FEMA’s later allocation rule expressly described EO 13909’s DPA findings and delegation to HHS as part of the pandemic resource framework. FEMA’s own allocation authority came from the companion EO 13911; this source does not equate the two delegations.
Legal and source detail
How it works legally
The Federal Register record identifies EO 13909, its title and signing date. FEMA’s later allocation rule expressly described EO 13909’s DPA findings and delegation to HHS as part of the pandemic resource framework. FEMA’s own allocation authority came from the companion EO 13911; this source does not equate the two delegations. The linked source supports this particular later event; it does not establish every present legal or operational effect.
Sources by type
If a source is unavailable, first check the cited publisher or another official repository. The cited publisher remains the authority.
Primary and official sources
Orders, laws, court records and official implementation material.
How we checked this
Last checked against the sources above on September 24, 2026. How we research →