Executive Order 14001 · Signed Jan 21, 2021

86 FR 7219 · Published Jan 26, 2021 · Effective on signing

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A Sustainable Public Health Supply Chain

public health emergencyCOVID-19 responsesupply chainDefense Production Actpandemic preparedness

Signed by President Joseph R. Biden Jr.

Directs federal agencies to immediately inventory COVID-19 pandemic response supplies, identify shortfalls, and use the Defense Production Act to fill gaps — ensuring PPE, tests, and vaccines remain available to health workers, governments, and patients.

Requires a 180-day strategy for long-term domestic manufacturing of pandemic supplies and directs the administration to address pricing and Tribal access to the Strategic National Stockpile.

What this order does

What it orders

The order directs the Secretaries of State, Defense, Health and Human Services, and Homeland Security — in coordination with the COVID-19 Response Coordinator — to immediately review the availability of pandemic response supplies including PPE, tests, and vaccines, and to assess whether U.S. industry can meet those needs in a timely manner. Where shortfalls are identified, agency heads must revise operational plans and use all available legal authorities, including the Defense Production Act, to acquire additional stockpiles, improve distribution, build market capacity, or expand the industrial base. Agencies must also report to the President on stockpile status, supply gaps, existing contracts, and distribution plans. Separately, HHS is directed to recommend changes to anti-hoarding and price-gouging authorities, and multiple agencies must advise on pricing tools such as reasonable-pricing contract clauses.

Within 180 days, the Secretaries of Defense, HHS, and Homeland Security must deliver a Pandemic Supply Chain Resilience Strategy covering domestic manufacturing capacity, foreign supply-chain dependence, public-private partnerships, and a multi-year implementation plan. HHS is also directed to take appropriate steps to facilitate access to the Strategic National Stockpile for Tribal governments and Indian Health Service providers. The order expressly does not create any enforceable legal rights and is subject to available appropriations.

Who it affects

Federal cabinet agencies and the COVID-19 Response Coordinator who must conduct reviews and file reports; state, local, Tribal, and territorial governments whose supply access the order aims to improve; health care workers, health systems, and patients who depend on pandemic supplies; and domestic manufacturers who may be engaged under Defense Production Act authorities.

Why it matters

Hospitals, frontline health workers, and state health agencies that faced PPE and testing shortages during the pandemic gain a federal mandate for gap-filling action and pricing oversight. Tribal governments get a specific directive aimed at easing their access to the Strategic National Stockpile.

What must happen and when

How the order is supposed to work

The implementation arc runs in stages. First, agencies complete their supply reviews and submit reports to the President through the COVID-19 Response Coordinator, who then synthesizes recommendations on DPA use and regulatory impediments. In parallel, agencies are authorized and directed to act immediately under existing law — including the Defense Production Act — to fill shortfalls without waiting for the 180-day strategy. The longer-horizon deliverable is the Pandemic Supply Chain Resilience Strategy, which must address domestic manufacturing, foreign dependencies, stockpile roles, and a multi-year build-out plan. No enforcement mechanism against agencies that miss timelines is specified in the order text.

Actions and deadlines

  • Review availability of pandemic response supplies and assess U.S. industry capacity to provide themImmediately upon signing
  • Revise operational planning and use Defense Production Act authorities to fill identified supply shortfallsAs soon as practicable
  • HHS Secretary to provide President a report on the status and inventory of the Strategic National StockpileNo deadline specified
  • Relevant agency heads to provide President a comprehensive report on pandemic supply needs, inventory, gaps, and distribution plansAs soon as practicable
  • COVID-19 Response Coordinator to submit recommendations on additional DPA use and impediments to supply developmentNo deadline specified
  • HHS Secretary to recommend changes to anti-hoarding and price-gouging authorities under Executive Order 13910Promptly
  • DOD, HHS, and DHS Secretaries to provide recommendations on pandemic supply pricing, including contract clauses and GSA schedule usePromptly
  • DOD, HHS, and DHS Secretaries to deliver a Pandemic Supply Chain Resilience Strategy for long-term domestic manufacturing capabilityWithin 180 days of signing
  • HHS Secretary to take steps to facilitate Strategic National Stockpile access for Tribal governments and Indian Health Service providersNo deadline specified

Agencies directed to act

Department of StateDepartment of DefenseDepartment of Health and Human ServicesDepartment of Homeland SecurityGeneral Services Administration

Authority and reach

Authorities cited

Defense Production Act of 1950

Federal law authorizing the President to direct industrial production to meet national defense and emergency needs.

Public Health Service Act §§ 319 and 361

Provisions granting federal authority to respond to public health emergencies and control communicable disease spread.

Robert T. Stafford Disaster Relief and Emergency Assistance Act §§ 306–307

Law governing federal disaster assistance, including use of local contractors and labor during declared disasters.

3 U.S.C. § 301

Statute authorizing the President to delegate functions to executive branch officers.

Executive Order

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Executive Order 14001: A Sustainable Public Health Supply Chain | EO Reporter