10/28/2023 0 Comments Defense production act![]() ![]() The Stafford Act-which is routinely invoked to respond to public health emergencies and was recently invoked by the Trump Administration-defines emergency preparedness as “all those activities and measures designed or undertaken to prepare for or minimize the effects of a hazard upon the civilian population, to deal with the immediate emergency conditions which would be created by the hazard, and to effectuate emergency repairs to, or the emergency restoration of, vital utilities and facilities destroyed or damaged by the hazard.” While “national defense” encompasses traditional military conflicts, critical infrastructure to assist a foreign nation, and, in a relatively recent amendment, “homeland security,” it also includes “emergency preparedness activities” under the Stafford Act ( 42 U.S.C. The term “national defense” is defined broadly. ![]() In particular, the DPA confers upon the President an “array of authorities to shape national defense preparedness programs and to take appropriate steps to maintain and enhance the domestic industrial base.” The purpose of the DPA is to provide the President with various authorities to regulate private industry to facilitate national defense. This briefing is a primer on the DPA for industry and policy-makers.Ĭongress first enacted the DPA, 50 U.S.C. Along with existing Federal acquisition and grant-making authority, we expect the DPA will be used immediately to secure the equipment and supplies needed to combat the virus over the coming months-and given its loan and loan guarantee authorities, the DPA might have an even larger economic impact on industries from healthcare to manufacturing to construction to logistics. And yesterday, March 18, 2020, the Trump Administration announced it will invoke the DPA. The DPA, already on the books, is tailor-made for the national effort required to respond to COVID-19. (c) This memorandum 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.As policy-makers and industry look for responses to the COVID-19 crisis, one tool is in plain sight: the Defense Production Act of 1950 (the “DPA”). (b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations. (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (i) the authority granted by law to an executive department or agency, or the head thereof or (a) Nothing in this memorandum shall be construed to impair or otherwise affect: The Secretary, through the Administrator of the Federal Emergency Management Agency (Administrator), shall use any and all authority available under the Act to acquire, from any appropriate subsidiary or affiliate of 3M Company, the number of N-95 respirators that the Administrator determines to be appropriate. Presidential Direction to the Secretary of Homeland Security (Secretary). Accordingly, I found that health and medical resources needed to respond to the spread of COVID-19, including personal protective equipment and ventilators, meet the criteria specified in section 101(b) of the Act (50 U.S.C. I further noted that, to ensure that our healthcare systems are able to surge capacity and capability to respond to the spread of COVID-19, it is critical that all health and medical resources needed to respond to the spread of COVID-19 are properly distributed to the Nation’s healthcare systems and others that need them most at this time. ![]() I also noted that while the Federal Government, along with State and local governments, have taken preventive and proactive measures to slow the spread of the virus and to treat those affected, the spread of COVID-19 within our Nation’s communities threatens to strain our Nation’s healthcare systems. In recognizing the public health risk, I noted that on March 11, 2020, the World Health Organization announced that the outbreak of COVID-19 (the disease caused by SARS-CoV-2) can be characterized as a pandemic. On March 13, 2020, I declared a national emergency recognizing the threat that the novel (new) coronavirus known as SARS-CoV-2 poses to our healthcare systems. 4501 et seq.) (the “Act”), it is hereby ordered as follows: SUBJECT: Order Under the Defense Production Act Regarding 3M Companyīy 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. THE ADMINISTRATOR OF THE FEDERAL EMERGENCY MEMORANDUM FOR THE SECRETARY OF HOMELAND SECURITY
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