Presidential Document2022-11273
Delegating Authority Under the Defense Production Act To Ensure an Adequate Supply of Infant Formula
Primary source
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Published
May 24, 2022
Signed
May 18, 2022
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 87 Issue 100 (Tuesday, May 24, 2022)</title>
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[Federal Register Volume 87, Number 100 (Tuesday, May 24, 2022)]
[Presidential Documents]
[Pages 31357-31358]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11273]
Presidential Documents
Federal Register / Vol. 87, No. 100 / Tuesday, May 24, 2022 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 31357]]
Presidential Determination No. 2022-13 of May 18, 2022
Delegating Authority Under the Defense Production
Act To Ensure an Adequate Supply of Infant Formula
Memorandum for the Secretary of Health and Human
Services
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including section 101 of the Defense
Production Act of 1950, as amended (the ``Act'') (50
U.S.C. 4511), it is hereby ordered as follows:
Section 1. Policy and Findings. On February 17, 2022,
the largest infant formula manufacturer in the
country--Abbott Nutrition--initiated a voluntary recall
of several lines of powdered infant formula made at its
Sturgis, Michigan facility, following concerns about
bacterial contamination at the facility after four
infants fell ill. This incident has combined with
supply chain stress associated with effects of the
coronavirus 2019 (COVID-19) pandemic to cause an acute
disruption in the supply of infant formula in the
United States.
Adequate supply of infant formula is critical to the
health and safety of the millions of children who
depend on the formula for essential nutrition. The
Federal Government has worked in the last several
months to address the shortfall in infant formula, but
additional measures are needed to ensure an adequate
supply of infant formula in the United States and
thereby protect the health and well-being of our
Nation's children.
This disruption threatens the continued functioning of
the national infant formula supply chain, undermining
critical infrastructure that is essential to the
national defense, including to national public health
or safety. As the Abbott Nutrition recall shows,
closure of a single formula-producing facility can
severely disrupt the supply of formula nationwide.
Accordingly, I hereby determine, pursuant to section
101 of the Act, that the ingredients necessary to
manufacture infant formula meet the criteria specified
in section 101(b) of the Act (50 U.S.C. 4511(b)).
Sec. 2. Ensuring the Continued Supply of Formula. (a)
Notwithstanding Executive Order 13603 of March 16, 2012
(National Defense Resources Preparedness), the
authority of the President conferred by section 101 of
the Act to require performance of contracts or orders
(other than contracts of employment) to promote the
national defense over performance of any other
contracts or orders, to allocate materials, services,
and facilities as deemed necessary or appropriate to
promote the national defense, and to implement the Act
in subchapter III of chapter 55 of title 50, United
States Code (50 U.S.C. 4554, 4555, 4556, 4559, 4560),
is delegated to the Secretary of Health and Human
Services with respect to all health resources,
including the ingredients necessary to manufacture
infant formula.
(b) The Secretary of Health and Human Services may
use the authority under section 101 of the Act to
determine, in consultation with the Secretary of
Agriculture and the heads of other executive
departments and agencies as appropriate, the proper
nationwide priorities and allocation of all ingredients
necessary to manufacture infant forumla, including
controlling the distribution of such materials
(including applicable services) in the civilian market,
for responding to the shortage of infant formula within
the United States.
[[Page 31358]]
You are authorized and directed to publish this
determination in the Federal Register.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(Presidential Sig.)
THE WHITE HOUSE,
Washington, May 18, 2022
[FR Doc. 2022-11273
Filed 5-23-22; 8:45 am]
Billing code 4150-42-P
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</html>Indexed from Federal Register on May 24, 2022.
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