n a White House press briefing Wednesday, President Donald Trump said that he was invoking the Defense Production Act in the event he needed to use the authorities granted in the federal statute to fight what he is now calling a “war” on COVID-19.
The president indicated during the press briefing that authorities granted in the act would be used to increase production of in-demand medical equipment, including ventilators and masks.
His administration has production targets for key pieces of equipment to fight COVID-19, the new coronavirus disease, and Vice President Mike Pence said industry leaders are “ready to step in” and add to our supply of these items.
The Defense Production Act of 1950, as amended, is a federal statute, passed during the Korean War. According to a short
primer by the Congressional Research Service, it confers “upon the President a broad set of authorities to influence domestic industry in the interest of national defense. The authorities can be used across the federal government to shape the domestic industrial base so that, when called upon, it is capable of providing essential materials and goods needed for the national defense.”
It seems likely to us that the president will need to use the authorities under the statute in the coming weeks and months, whether that’s to allocate raw materials among manufacturers, prioritize government contracts, or limit distribution only to permitted buyers. For the time being, we wanted to answer some basic questions about the statute.
The Defense Production Act was passed during the Korean War. It can be found at Public Law 81-774, or 50 U.S.C. §§4501 et seq. If you want to read it, click
this link.
What the Defense Production Act Is and How Can It Can Help the Government Fight COVID-19