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              Congressional
            SResearch Service






New COVID-19 Defense Production Act

(DPA) Actions: Implementation

Considerations



March   1, 2021


The Biden Administration has taken several executive branch actions under the Defense Production Act of
1950 (DPA) to address the Coronavirus Disease 2019 (COVID-19) pandemic. Those actions suggest a
revised DPA approach and raise potential implementation issues. This Insight considers those issues and
policy considerations for Congress. It is intended as a companion to CRS Insight IN11593. See CRS
Report R43767 for a discussion of DPA history and authorities.


Recent DPA Actions

The Biden Administration has issued two executive orders-E.O.s 13987 and 14001-that directly
reference the DPA, and other E.O.s with additional potential relevance. On February 5, 2021, White
House COVID-19  Supply Chain Coordinator Timothy W. Manning elaborated on three specific DPA
actions the Administration was pursuing:
    1. Issuing DPA Title I priority-rated orders to support the Pfizer-BioNTech COVID-19
       vaccine production and supply chain (Moderna is reportedly already receiving support
       under Operation Warp Speed);
   2.  Expanding manufacturing capacity to facilitate production of 61 million rapid point-of-
       care COVID-19 tests by six suppliers, likely under Title III expansion ofproductive
       capacity authorities; and
    3. Constructing new domestic PPE manufacturing capacity (likely also under Title III),
       particularly for nitrile gloves, to reduce long-term U.S. dependence on foreign suppliers.
These planned investments are broadly consistent with the Biden Administration's published COVID-19
strategy, and previous CRS analyses of DPA production for COVID-19 countermeasures. The February 5
briefing indicated additional DPA actions in support of the COVID-19 vaccine, PPE, and testing capacity
are forthcoming.

                                                             Congressional Research Service
                                                               https://crsreports.congress.gov
                                                                                  IN11619

CRS INSIGHT
Prepared for Members and
Committees of Congress

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