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6 January 2010


[Federal Register: January 6, 2010 (Volume 75, Number 3)]
[Presidential Documents]
[Page 737-738]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06ja10-60]



                        Presidential Documents




___________________________________________________________________

Title 3--
The President

[[Page 737]]

                Executive Order 13527 of December 30, 2009


                Establishing Federal Capability for the Timely
                Provision of Medical Countermeasures Following a
                Biological Attack

                By the authority vested in me as President by the
                Constitution and the laws of the United States of
                America, it is hereby ordered as follows:

                Section 1. Policy. It is the policy of the United
                States to plan and prepare for the timely provision of
                medical countermeasures to the American people in the
                event of a biological attack in the United States
                through a rapid Federal response in coordination with
                State, local, territorial, and tribal governments.

                This policy would seek to: (1) mitigate illness and
                prevent death; (2) sustain critical infrastructure; and
                (3) complement and supplement State, local,
                territorial, and tribal government medical
                countermeasure distribution capacity.

                Sec. 2. United States Postal Service Delivery of
                Medical Countermeasures. (a) The U.S. Postal Service
                has the capacity for rapid residential delivery of
                medical countermeasures for self administration across
                all communities in the United States. The Federal
                Government shall pursue a national U.S. Postal Service
                medical countermeasures dispensing model to respond to
                a large-scale biological attack.

                (b) The Secretaries of Health and Human Services and
                Homeland Security, in coordination with the U.S. Postal
                Service, within 180 days of the date of this order,
                shall establish a national U.S. Postal Service medical
                countermeasures dispensing model for U.S. cities to
                respond to a large-scale biological attack, with
                anthrax as the primary threat consideration.

                (c) In support of the national U.S. Postal Service
                model, the Secretaries of Homeland Security, Health and
                Human Services, and Defense, and the Attorney General,
                in coordination with the U.S. Postal Service, and in
                consultation with State and local public health,
                emergency management, and law enforcement officials,
                within 180 days of the date of this order, shall
                develop an accompanying plan for supplementing local
                law enforcement personnel, as necessary and
                appropriate, with local Federal law enforcement, as
                well as other appropriate personnel, to escort U.S.
                Postal workers delivering medical countermeasures.

                Sec. 3. Federal Rapid Response. (a) The Federal
                Government must develop the capacity to anticipate and
                immediately supplement the capabilities of affected
                jurisdictions to rapidly distribute medical
                countermeasures following a biological attack.
                Implementation of a Federal strategy to rapidly
                dispense medical countermeasures requires establishment
                of a Federal rapid response capability.

                (b) The Secretaries of Homeland Security and Health and
                Human Services, in coordination with the Secretary of
                Defense, within 90 days of the date of this order,
                shall develop a concept of operations and establish
                requirements for a Federal rapid response to dispense
                medical countermeasures to an affected population
                following a large-scale biological attack.

                Sec. 4. Continuity of Operations. (a) The Federal
                Government must establish mechanisms for the provision
                of medical countermeasures to personnel performing
                mission-essential functions to ensure that mission-
                essential functions of Federal agencies continue to be
                performed following a biological attack.

[[Page 738]]

                (b) The Secretaries of Health and Human Services and
                Homeland Security, within 180 days of the date of this
                order, shall develop a plan for the provision of
                medical countermeasures to ensure that mission-
                essential functions of executive branch departments and
                agencies continue to be performed following a large-
                scale biological attack.

                Sec. 5. General Provisions.

                (a) Nothing in this order shall be construed to impair
                or otherwise affect:

                    (i) authority granted by law to a department or
                agency, or the head thereof; or
                    (ii) functions of the Director of the Office of
                Management and Budget relating to budgetary,
                administrative, or legislative proposals.

                (b) This order shall be implemented consistent with
                applicable law and subject to the availability of
                appropriations.

                (c) This order is not intended to, and does not, create
                any right or benefit, substantive or procedural,
                enforceable at law or in equity, by any party against
                the United States, its departments, agencies, or
                entities, its officers, employees, or agents, or any
                other person.
                

                    (Presidential Sig.)

                THE WHITE HOUSE,

                    December 30, 2009.

[FR Doc. 2010-38
Filed 1-5-10; 8:45 am]
Billing code 3195-W0-P