Presidential Documents

Federal Register / Vol. 86, No. 15 / Tuesday, January 26, 2021 / Presidential Documents 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; 

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(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: 

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(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. 

THE WHITE HOUSE, 

January 21, 2021. 

[FR Doc. 2021–01865 

Filed 1–25–21; 11:15 am] 

Billing code 3295–F1–P 


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