Delegating Authority Under the Defense Production Act To Ensure an Adequate Supply of Infant Formula

[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 [www.gpo.gov]

[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.

, 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)).

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.

se, 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.

(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