Presidential Documents

31357 

Federal Register 

Vol. 87, No. 100 

Tuesday, May 24, 2022 

Title 3— 

The President 

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. 


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31358 Federal Register / Vol. 87, No. 100 / Tuesday, May 24, 2022 / Presidential Documents 

You are authorized and directed to publish this determination in the Federal 

Register. 

THE WHITE HOUSE, 

Washington, May 18, 2022 

[FR Doc. 2022–11273 

Filed 5–23–22; 8:45 am] 

Billing code 4150–42–P 


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