FEMA using Defense Production Act for first time for coronavirus test kits, agency chief says

The Trump administration is using the emergency Defense Production Act for the first time Tuesday to allocate coronavirus test kits, said FEMA Administrator Peter Gaynor.

“We’re going to use it today,” Mr. Gaynor said on CNN. “We’re going to use it for about 60,000 test kits, and really we’re going to use the allocation portion of the DPA. We want to be thoughtful and meaningful on how we do it for the best result.”

Mr. Gaynor didn’t say where or how the government would be allocating the test kits, using its emergency authority that President Trump invoked Wednesday. But he said it was the first such use of the new authority.

“There’s some test kits we need to get our hands on,” Mr. Gaynor said. He also said the administration will add some DPA language into federal contracts to obtain about 500 million protective masks.

His announcement came soon after Mr. Trump tweeted that “the Defense Production Act is in full force, but haven’t had to use it because no one has said NO!” He said “millions” of surgical masks were being delivered to states by manufacturers voluntarily.

Under the allocation portion of the 1950 law, federal agencies can require a company to reserve supplies in anticipation of a priority-rated order; require a company to stop producing a certain item; and specify the maximum amount of supplies authorized for specific use.

Some Democratic officials have been imploring Mr. Trump to use the law to order private companies to manufacture and deliver more ventilators, masks and other protective gear, to ease demand and reduce costs to states.