Defense Production Act Update— Continued Use Of Authority To Address Developing Challenges

As discussed in this paper, the DPA has been used recently in various ways to respond to the COVID-19 pandemic, as well to address other developing supply chain issues. The Government’s recent activities under the statute illustrate its flexibility, explain how it may be used, and, in some instances, highlight its complexity and its limitations to address emergent threats. The statutory authorities are both extensive and complex, as the statute has been amended repeatedly since 1950 in ways that may require clarification. Although there is a breadth of authorities under the statute, some provisions are specific to problems that arose during past events and may not be flexible enough to address future circumstances.