Podcast: President Biden's Use of the Defense Production Act - Diagnosing Health Care
Nota Bene Episode 84: Organizational Integrity in the Post-Pandemic Enforcement Environment
The Defense Production Act of 1950 (“DPA”) remains one of the most powerful yet underutilized tools in the federal government’s arsenal for mobilizing private industry during national emergencies. For in-house counsel,...more
On May 23, 2025, President Donald Trump issued four Executive Orders – Reinvigorating the Nuclear Industrial Base, Deploying Advanced Nuclear Reactor Technologies for National Security, Reforming Nuclear Reactor Testing at...more
On May 23, 2025, President Donald Trump signed four executive orders aimed at revitalizing and accelerating the growth of nuclear energy in the United States. The executive orders direct actions by the Department of Defense...more
On March 20, 2025, President Trump issued an Executive Order (EO) directing his administration to immediately implement measures bolstering the production of America’s critical minerals, including uranium, copper, potash,...more
The Defense Production Act Title III (DPA Title III) was utilized during President Trump's first term to support certain materials critical to national defense and in response to the COVID-19 pandemic. President Biden...more
Welcome to Holland & Knight's monthly defense news update. We are excited to bring you the latest in defense policy, regulatory updates and other significant developments....more
The U.S. Government continues to increase its Federal investment in space – not for exploration, but rather as a defense strategy – and this continued investment provides significant opportunity for commercial entities to...more
Note: This is the second article in our series on capturing industrial base funding from the U.S. Department of Defense In our last post, we discussed the Defense Production Act (DPA) and Technology Investment Agreement...more
With ever-increasing threats from the Chinese Communist Party, recently exposed vulnerabilities in the United States' supply chain and decades of outsourcing that has left the defense and industrial base vulnerable, there is...more
Last week, the White House issued an update on President Biden’s October 30, 2023 Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (the “AI EO” or “EO”). The update detailed...more
I'm not saying that anyone from the Biden administration was reading my blog post last week on drug shortages, and maybe it's just a coincidence that the White House announced new efforts to strengthen supply chains less than...more
The Inflation Reduction Act (“IRA”) has garnered criticism from the European Union (“EU”) due in large part to its domestic sourcing requirements. Some in Canada have echoed this criticism, including Michael Harvey, vice...more
As part of the National Biotechnology and Biomanufacturing Initiative, the U.S. Department of Defense (DOD) announced in September 2022 an investment of $1.2 billion in bioindustrial domestic manufacturing infrastructure to...more
The U.S. Department of Defense (DoD) has issued its long-awaited report in response to last year’s Executive Order 14017, Securing America’s Supply Chains, which called for a comprehensive review of supply chains in critical...more
On March 31, 2022, President Biden issued Presidential Determination No. 2022-11, directing the Secretary of Defense, pursuant to Section 303 of the Defense Production Act of 1950 (“DPA”), to take measures to improve the...more
Evaluates Defense Industrial Base Supply Chains and Outlines Strategic Investments in Vital National Security Items - This is the first in a series of client alerts that will be published in the near future regarding...more
Reports identify weaknesses and introduce plans to strengthen certain critical supply chains - On February 24, 2022, the Biden Administration released a Plan to Revitalize American Manufacturing and Secure Critical Supply...more
For several years, policy-makers and commentators have expressed concern about the resilience of the United States’ pharmaceutical supply chain. Current U.S.-based manufacturing capabilities have been at the forefront of...more
In February 2021, President Biden issued Executive Order 14017, “Executive Order on America’s Supply Chains” (discussed here), requiring (among other things) a report within 100-days requiring key government agencies to...more
The Biden Administration on June 8, 20201, released findings from a 100-day interagency domestic supply chain assessment of critical products and outlined a series of steps it will take in order to strengthen U.S. critical...more
Industry-Specific Primer – Semiconductor Manufacturing And Advanced Packaging - On June 8, 2021, the Biden Administration issued the reports mandated by the Executive Order on America’s Supply Chains (the “America’s Supply...more
On May 21, 2021, SavaSeniorCare LLC and several of its affiliates, which own and operate skilled nursing facilities across the country, agreed to pay $11.2 million to resolve claims that the companies billed Medicare for...more
The Korean-War era Defense Production Act ("DPA")1 has already loomed large in the federal response to the COVID-19 pandemic. Recent press reports suggest that it may be invoked even more broadly in the coming weeks and...more
The DFC represents an important new financing source for companies investing in emerging markets overseas, as well as in projects in the U.S. that enhance the domestic response to COVID-19. The recently launched DFC has up...more
With the federal government’s increasing focus on enforcing price gouging compliance, attention has turned to the Defense Production Act (the “DPA”). Passed in 1950 in response to the Korean War, the DPA is modelled on the...more