Presidential DocumentExecutive Order 140012021-01865
A Sustainable Public Health Supply Chain
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 26, 2021
Signed
January 21, 2021
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 86 Issue 15 (Tuesday, January 26, 2021)</title>
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[Federal Register Volume 86, Number 15 (Tuesday, January 26, 2021)]
[Presidential Documents]
[Pages 7219-7222]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-01865]
Presidential Documents
Federal Register / Vol. 86 , No. 15 / Tuesday, January 26, 2021 /
Presidential Documents
[[Page 7219]]
Executive Order 14001 of January 21, 2021
A Sustainable Public Health Supply Chain
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the Defense Production Act of 1950,
as amended (50 U.S.C. 4501 et seq.), sections 319 and
361 of the Public Health Service Act (42 U.S.C. 247d
and 264), sections 306 and 307 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5149 and 5150), and section 301 of title 3,
United States Code, it is hereby ordered as follows:
Section 1. Purpose. The Federal Government must act
urgently and effectively to combat the coronavirus
disease 2019 (COVID-19) pandemic. To that end, this
order directs immediate actions to secure supplies
necessary for responding to the pandemic, so that those
supplies are available, and remain available, to the
Federal Government and State, local, Tribal, and
territorial authorities, as well as to America's health
care workers, health systems, and patients. These
supplies are vital to the Nation's ability to reopen
its schools and economy as soon and safely as possible.
Sec. 2. Immediate Inventory of Response Supplies and
Identification of Emergency Needs. (a) The Secretary of
State, the Secretary of Defense, the Secretary of
Health and Human Services, the Secretary of Homeland
Security, and the heads of appropriate executive
departments and agencies (agencies), in coordination
with the COVID-19 Response Coordinator, shall:
(i) immediately review the availability of critical materials, treatments,
and supplies needed to combat COVID-19 (pandemic response supplies),
including personal protective equipment (PPE) and the resources necessary
to effectively produce and distribute tests and vaccines at scale; and
(ii) assess, including by reviewing prior such assessments, whether United
States industry can be reasonably expected to provide such supplies in a
timely manner.
(b) Where a review and assessment described in
section 2(a)(i) of this order identifies shortfalls in
the provision of pandemic response supplies, the head
of the relevant agency shall:
(i) promptly revise its operational assumptions and planning factors being
used to determine the scope and prioritization, acquisition, and
distribution of such supplies; and
(ii) take appropriate action using all available legal authorities,
including the Defense Production Act, to fill those shortfalls as soon as
practicable by acquiring additional stockpiles, improving distribution
systems, building market capacity, or expanding the industrial base.
(c) Upon completing the review and assessment
described in section 2(a)(i) of this order, the
Secretary of Health and Human Services shall provide to
the President, through the COVID-19 Response
Coordinator, a report on the status and inventory of
the Strategic National Stockpile.
(d) The Secretary of State, the Secretary of
Defense, the Secretary of Health and Human Services,
the Secretary of Homeland Security, and the heads of
any other agencies relevant to inventorying pandemic
response supplies shall, as soon as practicable,
provide to the President, through the COVID-19 Response
Coordinator, a report consisting of:
(i) an assessment of the need for, and an inventory of current supplies of,
key pandemic response supplies;
[[Page 7220]]
(ii) an analysis of their agency's capacity to produce, provide, and
distribute pandemic response supplies;
(iii) an assessment of their agency's procurement of pandemic response
supplies on the availability of such supplies on the open market;
(iv) an account of all existing or ongoing agency actions, contracts, and
investment agreements regarding pandemic response supplies;
(v) a list of any gaps between the needs identified in section 2(a)(i) of
this order and supply chain delivery, and recommendations on how to close
such gaps; and
(vi) a compilation and summary of their agency's existing distribution and
prioritization plans for pandemic response supplies, which shall include
any assumptions or planning factors used to determine such needs and any
recommendations for changes to such assumptions or factors.
(e) The COVID-19 Response Coordinator, in
coordination with the heads of appropriate agencies,
shall review the report described in section 2(d) of
this order and submit recommendations to the President
that address:
(i) whether additional use of the Defense Production Act, by the President
or agencies exercising delegated authority under the Act, would be helpful;
and
(ii) the extent to which liability risk, regulatory requirements, or other
factors impede the development, production, and procurement of pandemic
response supplies, and any actions that can be taken, consistent with law,
to remove those impediments.
(f) The heads of agencies responsible for
completing the requirements of this section, as
appropriate and in coordination with the COVID-19
Response Coordinator, shall consult with State, local,
Tribal, and territorial authorities, as well as with
other entities critical to assessing the availability
of and need for pandemic response supplies.
Sec. 3. Pricing. To take steps to address the pricing
of pandemic response supplies:
(a) The Secretary of Health and Human Services
shall promptly recommend to the President, through the
COVID-19 Response Coordinator, whether any changes
should be made to the authorities delegated to the
Secretary by Executive Order 13910 of March 23, 2020
(Preventing Hoarding of Health and Medical Resources To
Respond to the Spread of COVID-19), with respect to
scarce materials or materials the supply of which would
be threatened by accumulation for the purpose of
hoarding or price gouging.
(b) The Secretary of Defense, the Secretary of
Health and Human Services, and the Secretary of
Homeland Security shall promptly review and provide to
the President, through the COVID-19 Response
Coordinator, recommendations for how to address the
pricing of pandemic response supplies, including
whether and how to direct the use of reasonable pricing
clauses in Federal contracts and investment agreements,
or other related vehicles, and whether to use General
Services Administration Schedules to facilitate State,
local, Tribal, and territorial government buyers and
compacts in purchasing pandemic response supplies using
Federal supply schedules.
Sec. 4. Pandemic Supply Chain Resilience Strategy.
Within 180 days of the date of this order, the
Secretary of Defense, the Secretary of Health and Human
Services, and the Secretary of Homeland Security, in
coordination with the Assistant to the President for
National Security Affairs (APNSA), the Assistant to the
President for Domestic Policy, the COVID-19 Response
Coordinator, and the heads of any agencies or entities
selected by the APNSA and COVID-19 Response
Coordinator, shall provide to the President a strategy
to design, build, and sustain a long-term capability in
the United States to manufacture supplies for future
pandemics and biological threats. This strategy shall
include:
[[Page 7221]]
(a) mechanisms to respond to emergency supply needs
of State, local, Tribal, and territorial authorities,
which should include standards and processes to
prioritize requests and delivery and to ensure
equitable distribution based on public health criteria;
(b) an analysis of the role of foreign supply
chains in America's pandemic supply chain, America's
role in the international public health supply chain,
and options for strengthening and better coordinating
global supply chain systems in future pandemics;
(c) mechanisms to address points of failure in the
supply chains and to ensure necessary redundancies;
(d) the roles of the Strategic National Stockpile
and other Federal and military stockpiles in providing
pandemic supplies on an ongoing or emergency basis,
including their roles in allocating supplies across
States, localities, tribes, and territories, sustaining
supplies during a pandemic, and in contingency planning
to ensure adequate preparedness for future pandemics
and public health emergencies;
(e) approaches to assess and maximize the value and
efficacy of public/private partnerships and the value
of Federal investments in latent manufacturing
capacity; and
(f) an approach to develop a multi-year
implementation plan for domestic production of pandemic
supplies.
Sec. 5. Access to Strategic National Stockpile. The
Secretary of Health and Human Services shall consult
with Tribal authorities and take steps, as appropriate
and consistent with applicable law, to facilitate
access to the Strategic National Stockpile for
federally recognized Tribal governments, Indian Health
Service healthcare providers, Tribal health
authorities, and Urban Indian Organizations.
Sec. 6. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the 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.
[[Page 7222]]
(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.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(Presidential Sig.)
THE WHITE HOUSE,
January 21, 2021.
[FR Doc. 2021-01865
Filed 1-25-21; 11:15 am]
Billing code 3295-F1-P
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</html>Indexed from Federal Register on January 26, 2021.
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