The White House
Office of the Press Secretary
For Immediate Release
December 30, 2009
Executive Order -- Medical Countermeasures Following a Biological Attack
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countermeasures-following-a-biological-attack
ESTABLISHING FEDERAL CAPABILITY FOR THE TIMELY PROVISION OF
MEDICAL COUNTERMEASURES FOLLOWING A BIOLOGICAL ATTACK
“WITH ANTHRAX AS THE PRIMARY THREAT CONSIDERATION”
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 missionessential
functions to ensure that mission-essential functions of Federal agencies continue to be
performed following a biological attack.
(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.
BARACK OBAMA
THE WHITE HOUSE,
December 30, 2009.