Emergency U.S. Maritime Authorities Potentially Available During The Crisis

President Trump declared a national emergency as a result of the spread of the COVID-19 virus on March 13, 2020, and he selectively invoked the Defense Production Act on March 27 and April 2. These announcements were narrowly drawn and did not address potential maritime supply chain disruptions. Under existing U.S. law, the President has a range of maritime-related authorities he can invoke to deal with maritime-related supply chain issues if necessary.

The National Emergencies Act of 1976 governs the declaration of national emergencies by the President. That Act specifically provides that "no powers or authorities made available by statute for use in the event of an emergency shall be exercised unless and until the President specifies the provisions of law under which he proposes he . . . will act." The March 13 Presidential declaration of a national emergency only invoked health care-related authorities. Similarly, the Defense Production Act invocations were