Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources During the National Emergency Caused by the Outbreak of COVID-19
This executive order delegates key Defense Production Act (DPA) authorities to the Secretary of Agriculture to help keep meat and poultry processors operating and maintain a steady supply of meat and poultry during the COVID-19 national emergency. Faced with worker outbreaks and facility closures that could disrupt protein supplies, the order allows the Secretary of Agriculture to identify meat and poultry as critical resources under the DPA, and to use DPA tools to prioritize and allocate materials, services, and facilities necessary to sustain the meat and poultry supply chain. The Secretary is charged with issuing orders and updating regulations as needed, and must act in line with CDC/OSHA guidance for safe operations. The order also notes that this delegation is intended to operate notwithstanding certain defense-resource authorities, and it clarifies that the actions are subject to applicable law and appropriations.
Key Points
- 1Delegation of DPA authority to the Secretary of Agriculture for food supply chain resources, specifically meat and poultry, during the COVID-19 national emergency. This includes the power to require performance of contracts, allocate materials/services/facilities, and implement the Act’s authorities as needed to keep meat and poultry processing running.
- 2The Secretary, in consultation with other federal agencies as appropriate, shall determine nationwide priorities and allocation to ensure the continued supply of meat and poultry, consistent with CDC and OSHA guidance for meat/poultry processing facilities.
- 3The Secretary is authorized to issue orders and revise regulations to implement this delegation.
- 4Section 1 explains the policy: meat and poultry facilities are critical to national infrastructure, and closures or reduced capacity could disrupt protein supply; the order aims to mitigate that risk.
- 5Section 3 (General Provisions) confirms the order does not remove other legal authorities, is subject to existing laws and appropriations, and does not create enforceable legal rights; and it notes the authority is to be implemented in accordance with applicable law.