ExecutiveOrdersEO
Det 13603DeterminationBiden · D

Presidential Determination 13603

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

This presidential determination delegates Defense Production Act (DPA) authority to the Secretary of Health and Human Services to prioritize and allocate ingredients needed for infant formula manufacturing, responding to an acute nationwide shortage triggered by the February 2022 Abbott Nutrition recall and pandemic-related supply chain stress. It overrides the usual DPA delegation structure in Executive Order 13603 for health resources specifically.

Federal Register Open PDF 87 FR 31357

Impact dates

  1. Determination effective upon signing

Key directives

  • Delegate DPA section 101 authority to HHS Secretary for health resources including infant formula ingredients
  • Authorize HHS Secretary to determine nationwide priorities and allocation of infant formula ingredients
  • Authorize HHS Secretary to control distribution of such materials in civilian market
  • Require consultation with Secretary of Agriculture and other agency heads as appropriate
  • Override Executive Order 13603's usual DPA delegation structure for health resources
  • Direct publication in Federal Register

Who is ordered

Timeline

Immediate

  • DPA authority delegated to HHS Secretary for infant formula ingredients
  • Priority contract performance and allocation authority activated

Near term (90d)

  • HHS Secretary may determine nationwide priorities and allocation of infant formula ingredients
  • Consultation with Secretary of Agriculture and other agency heads on distribution controls

Long term

  • Potential precedent for DPA use in public health supply chain disruptions
  • Structural expansion of HHS DPA authority for health resources

Risks & tensions

  • DPA invocation for infant formula represents unusual peacetime domestic use of defense production authority
  • Override of EO 13603's standard delegation to Commerce Secretary creates interagency friction potential
  • Vague 'as appropriate' consultation language with other agencies may slow coordination
  • Shortage response effectiveness depends on speed of HHS implementation, not guaranteed by delegation alone
Presidential Determination 13603: Delegating Authority Under the Defense Production Act To Ensure an Adequate Supply of Infant Formula · Executive Orders