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BRIEFING ROOM

Executive Order on a Sustainable Public Health Supply
Chain
JANUARY 21, 2021

•

PRESIDENTIAL ACTIONS

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
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(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;
(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.

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(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 COVID19 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
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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
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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:
(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.

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(b) This order shall be implemented consistent with applicable law and subject to the
availability of appropriations.
(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.
JOSEPH R. BIDEN JR.
THE WHITE HOUSE,
January 21, 2021.

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