[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 [www.gpo.gov]
[FR Doc No: 2021-01865]


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  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.

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                    (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.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    January 21, 2021.

[FR Doc. 2021-01865
Filed 1-25-21; 11:15 am]
Billing code 3295-F1-P