President Invokes the Defense Production Act in Response to COVID-19
03/19/2020
The President and the Secretary of Health and Human Services (HHS) reportedly plan to invoke the Defense Production Act of 1950 (DPA) to support the COVID-19 response by giving the federal government priority over all other customers for items such as masks and ventilators, according to an Arnold & Porter report.
Assuming the authority is properly invoked to support each order, the DPA authorizes the President and the Secretary of HHS in certain circumstances to compel prioritized sales of health resources to the US government, and even direct industry to allocate resources (materials, facilities, etc.) to meet US demand for healthcare supplies needed to respond to COVID-19.