Utilizing the Defense Production Act

producing counterfeit vaccines (BBC, 2021). More recently, WHO issued a warning that counterfeit vaccines were being sold on the dark web (Miao, 2021). During the press conference, WHO encouraged people to only purchase vaccines from government-run programs. Like other counterfeit medical products, counterfeit COVID-19 vaccines are dangerous not only because they may contain components that harm an individual’s health, but also because the individual will wrongfully believe that they are protected from SARS-CoV-2.

Utilizing the Defense Production Act

The Defense Production Act is a law that allows the President of the United States to require private companies to prioritize orders from the federal government. The law, which was passed in 1950, is modeled after the War Powers Acts of 1941 and 1942, which gave President Roosevelt broad authority over the US economy during World War II (Siripurapu, 2021). The purpose of the War Powers Acts and the current Defense Production Act is to focus US economic and manufacturing power on national security, when necessary. While the Defense Production Act has been used in the past, it was employed by President Trump during the COVID-19 pandemic in order to increase production of ventilators and N95 masks, prevent hoarding of essential supplies, and increase domestic

Members of TMD’s 6th WMD-Civil Support Team inspect N95 respirator masks at a TX DPS Warehouse in Austin on March 26, 2020. (Photo credit: US Army National Guard) production of vital health products. Use of the Defense Production Act can continue to be an important legislative tool in future pandemics.

RECOMMENDATIONS

1) Identify medical and pharmaceutical supply chains as an issue of national security and produce and/or source more raw materials within the United States

The COVID-19 pandemic further exposed the United States’ reliance on other countries for the production and distribution of vital pharmaceuticals and medical supplies. The United States government, in collaboration with private industry, should begin exploring options to on-shore the production of specific products that are a threat to US national security if their supply chains are disrupted. Conceptualizing our medical and pharmaceutical supply chains as an issue of national security and creating the ability to produce such products within the US will reduce our overall vulnerability in future pandemics or in other times of disruption.

2) Create an integrated system for tracking pharmaceuticals

The US lacks a unified, integrated tracking system for pharmaceuticals that would provide greater depth and breadth of data on drug shortages and falsifications. Creation of a unified, integrated tracking system would provide better data on drug shortages and falsification nationwide. Better data could help prevent drug shortages in the future and reduce American vulnerability.

3) Improve tracking of counterfeit medical supplies

The sheer quantity of seized counterfeit medical supplies in 2020 raises alarms about protection of American healthcare workers and the proper functioning of the American healthcare system. Steps, such as creating an integrated e-commerce enforcement framework as suggested by DHS in 2020, should be taken to improve the system for identifying and tracking counterfeit medical supplies to improve US Customs and Border Protections’ ability to prevent such supplies from entering the country.