[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]


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  Federal Register / Vol. 87, No. 100 / Tuesday, May 24, 2022 / 
Presidential Documents  

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 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.
                
                
                    (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