Use of the Defense Production Act

The President may use the authorities under title I, title III, and title VII of the Defense Production Act of 1950 to increase the domestic supply of a drug if the Commission has determined that— (1) there are inadequate facilities or means of production in the United States to produce an amount of such drug that would satisfy patient demand for such drug; and (2) foreign supplies of such drug cannot be reliably and sustainability imported into the United States in such quantities as are necessary for such drug to be purchased at the fair price established for such drug under section 3.