January 19, 2021

Van Hollen, Senate Democrats Support Biden Administration Plan to Fully Utilize Defense Production Act, Increase Supply of Necessary Medical Equipment and Vaccine Supplies

Today, U.S. Senators Chris Van Hollen (D-MD), Tammy Baldwin (D-WI), and Chris Murphy (D-CT) sent a letter to President-Elect Joe Biden, supporting his incoming administration’s plan to quickly utilize all available authorities under the Defense Production Act (DPA) to rapidly increase the production and stockpiling of medical, testing, and protective equipment supplies. Since the beginning of the pandemic, Van Hollen and Senate Democrats have been calling on the Trump Administration to fully utilize the DPA to ramp up nationwide production of testing supplies, personal protective equipment (PPE), and medical equipment. The Trump Administration failed to do this, which has created continued supply chain issues that are having dangerous impacts on the nation’s response to COVID-19, as well as the nation’s ability to scale up vaccine production and distribution.  

In their letter to the President-Elect, the Senators support the Biden Administration’s intended use of executive action to utilize all authorities under the DPA and deploy a more functional response to the COVID-19 pandemic.

The Senators write, “Given the continued supply chain issues that we have seen over the past year, we believe it is in the best interest of the American public to shore up our access to critical supplies immediately and in the long term through all available DPA authorities.”  

The Senators continue, “The DPA can help us reach our goal of vaccinating enough of the American public to achieve herd immunity by ramping up production of sterile needles, rubber stoppers, syringes and other vaccine supplies now. Given the current lack of a national vaccine plan, we need to use every tool available to make up the ground we have lost. The DPA could also be used to regulate vaccine distribution, ensure that companies do not charge for the vaccine in the future and enhance production of materials needed for vaccines to address future pandemics.”

The Senators note how American manufacturers and workers have stepped up to increase domestic manufacturing of PPE throughout the pandemic, but that the DPA must also be used to ensure these manufacturers, many of whom have acted in the interest of public health, have greater access to affordable, domestically-sourced raw materials.

The Senators conclude, “Make no mistake, a dependable and resilient domestic manufacturing capacity to respond to a global pandemic is a national security imperative. Given the opaque nature of the transition and the lack of transparency from the current administration, we understand that your team may not yet have full insight into the state of the medical supply pipeline and Strategic National Stockpile. We stand ready to partner with you to help overcome these substantial obstacles. Your use of executive action to utilize the extraordinary authorities under DPA will support a more functional response to the COVID-19 pandemic and ensure that America is stronger now and more resilient when the next pandemic occurs.”

The letter was also signed by Senators Richard Blumenthal (D-CT), Bob Casey (D-PA), Dianne Feinstein (D-CA), Bob Menendez (D-NJ), Ron Wyden (D-OR), Jeanne Shaheen (D-NH), Martin Heinrich (D-NM), Tammy Duckworth (D-IL), Maggie Hassan (D-NH), Angus King (I-ME), Maria Cantwell (D-WA), Sheldon Whitehouse (D-RI), Amy Klobuchar (D-MN), Elizabeth Warren (D-MA), Brian Schatz (D-HI), Tom Carper (D-DE), Jeff Merkley (D-OR), Gary Peters (D-MI), Cory Booker (D-NJ), Mark Warner (D-VA), Ben Ray Luján (D-NM), Tim Kaine (D-VA), and Patrick Leahy (D-VT).

The full text of the letter is copied below: 

Dear President-Elect Biden:

We write in support of taking immediate action once you assume office to fully utilize the Defense Production Act (DPA) and all other federal acquisition authorities at your disposal to rapidly increase the production and stockpiling of critical medical, testing and protective equipment supplies. The Trump administration’s response to the COVID-19 pandemic and their efforts to be transparent with your transition team have been woefully inadequate, and we recognize the significant obstacles ahead. Given the continued supply chain issues that we have seen over the past year, we believe it is in the best interest of the American public to shore up our access to critical supplies immediately and in the long term through all available DPA authorities.

Failure to fully utilize the DPA during the early stages of the COVID-19 pandemic has resulted in significant loss of life. Even now, continued reluctance to fully tap into DPA authorities is having a dangerous impact on our response to the virus and our ability to scale up vaccine production and distribution. The DPA can help us reach our goal of vaccinating enough of the American public to achieve herd immunity by ramping up production of sterile needles, rubber stoppers, syringes and other vaccine supplies now. Given the current lack of a national vaccine plan, we need to use every tool available to make up the ground we have lost. The DPA could also be used to regulate vaccine distribution, ensure that companies do not charge for the vaccine in the future and enhance production of materials needed for vaccines to address future pandemics. Furthermore, we must work to build our domestic supplies and capabilities of raw materials and Personal Protective Equipment (PPE). The U.S. did not have sufficient domestic sources of critical PPE, which was exacerbated by a shortage of raw materials such as nonwoven melt blown material used to manufacture N95 and N99 masks. American manufacturers have stepped up to fill the gaps in domestic manufacturing of PPE, but the DPA should be used to ensure that these manufacturers, many of whom have acted in the interest of public health and without the assistance that DPA authority provides, have standing government orders and greater access to affordable, domestically sourced raw materials.

In addition, increasing the use of the DPA and other federal acquisition authorities to incentivize “Made in America” PPE and medical supplies will be a boon to patriotic American manufacturers that stepped up during the pandemic, and will make us significantly better prepared for future emergencies. President Trump has not used his DPA authority sufficiently enough to award adequate medical supply contracts for the nation’s needs. We must immediately do more to re-shore the most in-demand PPE, such as nitrile gloves, nearly all of which are manufactured in China. Ongoing negligence and chronic missteps have left us unprepared, and have created chaotic markets of severe price gouging and bidding wars that will make it more difficult for your incoming administration to ensure we have the supplies we need. 

Make no mistake, a dependable and resilient domestic manufacturing capacity to respond to a global pandemic is a national security imperative. Given the opaque nature of the transition and the lack of transparency from the current administration, we understand that your team may not yet have full insight into the state of the medical supply pipeline and Strategic National Stockpile. We stand ready to partner with you to help overcome these substantial obstacles. Your use of executive action to utilize the extraordinary authorities under DPA will support a more functional response to the COVID-19 pandemic and ensure that America is stronger now and more resilient when the next pandemic occurs.

Sincerely,