About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 1 (May 24, 2022)

handle is hein.crs/govefus0001 and id is 1 raw text is: Congressional SResearch Service iEN Use of Defense Production Act Authorities to Respond to the U.S. Infant Formula Shortage May 24, 2022 On May 18, 2022, as part of a broader response to a domestic shortage of infant formula, President Joseph R. Biden, Jr. issued Presidential Determination 2022-13 (the Determination), delegating several authorities under the Defense Production Act of 1950 (DPA; 50 U.S.C. §@ 4501 et seq.) to the Secretary of Health and Human Services (HHS) to ensure availability of infant formula. This Insight summarizes the Determination, provides background on use of the DPA to address food supply chain issues, and explores potential considerations for Congress. DPA Background The DPA provides presidential authorities to mobilize domestic industry to promote national defense, as defined by statute (50 U.S.C. § 4552(14)). Congress has expanded this definition several times since 1950, with the scope of the DPA now extending beyond U.S. military preparedness to encompass homeland security ... emergency preparedness activities conducted under Title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act and critical infrastructure protection and restoration (50 U.S.C. @4552(14)). The DPA defines critical infrastructure (CI) as any systems and assets, whether physical or cyber-based, so vital to the United States that the degradation or destruction of such systems and assets would have a debilitating impact on national security, including, but not limited to, national economic security and national public health or safety (50 U.S.C. §4552(2)). Presidential Determination 2022-13 In the Determination, President Biden first establishes that the national infant formula supply chain is critical infrastructure that is essential to the national defense, including to public health and safety. President Biden then invokes Title I of the DPA's authorities by determining, as required by section 101(b) (50 U.S.C. O4511(b)), that the ingredients necessary to manufacture infant formula are: Scarce and critical materials; Essential to the national defense; and that Congressional Research Service https://crsreports.congress.gov IN11935 CRS INSIGHT Prepared for Members and Committees of Congress

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Already a HeinOnline Subscriber?

Log In

profiles profiles most