June 29, 2022

Memorandum on the Delegation of Authority under the Defense Production Act to Ensure an Adequate Supply of Infant Formula

Presidential determination
No. 2022-13

MEMORANDUM FOR THE SECRETARY OF HEALTH AND PERSONAL SERVICES

SUBJECT: Delegation of authority under the Defense Production Act to ensure an adequate supply of infant formula

By the authority vested in me as President by the Constitution and 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 conclusions. On February 17, 2022, the nation’s largest infant formula maker – Abbott Nutrition – launched a voluntary recall of several lines of powdered infant formula made at its Sturgis, Michigan plant, following concerns about contamination. bacteria in the facility after four infants fell ill. . This incident has combined with supply chain stress associated with the effects of the coronavirus disease 2019 (COVID-19) pandemic to cause an acute disruption in the supply of infant formula in the United States.

An adequate supply of infant formula is essential to the health and safety of the millions of children who depend on infant formula for essential nutrition. The federal government has worked in recent months to address the shortage of infant formula, but additional steps are needed to ensure an adequate supply of infant formula in the United States and thus protect the health and well-being of children from our nation.

This disruption threatens the continued operation of the national infant formula supply chain, undermining critical infrastructure that is essential to national defense, including national public health or safety. As Abbott Nutrition’s recall shows, the closure of a single infant formula production facility can severely disrupt the national infant formula supply. Accordingly, I hereby determine, pursuant to Section 101 of the Act, that the ingredients necessary for the manufacture of infant formula meet the criteria specified in Section 101(b) of the Act (50 USC 4511( b)).

Second. 2. Ensure continuous supply of infant formula. (a) Notwithstanding Executive Order 13603 of March 16, 2012 (National Defense Resource Readiness), the power of the President conferred by Section 101 of the Act to require performance of contracts or orders (other than contracts of employment) to promote national defense on the performance of any other contract or order, to allocate such materials, services and facilities as may be deemed necessary or appropriate to promote national defense, and to implement the law of subchapter III of Chapter 55 of Title 50, United States Code (50 USC 4554, 4555, 4556, 4559, 4560), is delegated to the Secretary of Health and Human Services with respect to all health care resources, including ingredients needed 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, where appropriate, the appropriate national priorities and allocation of any ingredients necessary for the manufacture of infant formula, including control of the distribution of such materials (including applicable services) in the civilian market, to meet the shortage of infant formula in the United States.

You are authorized and invited to publish this decision in the Federal Register.

JOSEPH R. BIDEN JR.