More Opportunities Exist to Leverage Defense Production Act.

AuthorHarper, Jon

The 1950 Defense Production Act, or DPA, gives the executive branch the power to direct industry during times of war or national emergency and bolster the supply chains for critical materials. Some observers say it should be implemented more widely to deal with the COVID-19 crisis.

In March, President Donald Trump signed an executive order invoking Defense Production Act authorities to deal with the COVID-19 pandemic. However, the administration has been criticized for not employing the law more widely to combat the virus, especially when it comes to utilizing Title I authorities, which enable the government to order companies to accept and prioritize government contracts for goods and services deemed critical for national defense.

Health care experts have been warning about shortages of critical personal protective equipment for those treating COVID-19 patients.

DPA Title III authority provides the Pentagon a means to partner with industry to strengthen commercial domestic industrial base capabilities essential to national security. The Defense Department is looking for opportunities to intervene in situations where a contractor has a common line between military and commercial products and the commercial products production was stopped due to COVID-19 protocols by state or local governments.

Using stimulus money and Title III authorities, the Pentagon could potentially "fill" the line with military orders, department spokesman Lt. Col. Mike Andrews said in a statement. "We will bolster U.S. suppliers who may have had commercial content which has not vanished."

It could also use the money and authorities to help contractors to convert their production lines to produce critical medical equipment and supplies for battling the pandemic that are in short supply such as masks, gloves and respirators.

"We continue to work closely with the defense industry to understand their ability to meet large-scale demands, and how DPA money can help," Andrews said.

Some contractors such as Boeing have already taken the initiative to assist with the crisis response and started producing personal protective equipment, to include face shields, using 3D printing technology.

"It has been concerning that the government hasn't more effectively used the statute to date," said Andrew Hunter, director of the defense-industrial initiatives group at the Center for Strategic and International Studies. "These are exactly the issues that it was passed to address way back...

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