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             Congressional
             SResearch Service






New Presidential Directives on the Defense

Production Act (DPA) and the COVID-19

Pandemic



February   5, 2021


On January 21, 2021, the Biden Administration issued several executive orders invoking the Defense
Production Act of 1950 (DPA) to address the COVID-19 pandemic. The DPA authorizes the President to
mobilize domestic industry in service of the national defense, including emergency preparedness. DPA
authorities include (1) provisions under Title I to prioritize contracts and allocate scarce goods, materials,
and services; (2) financial incentives under Title III to expand productive capacity for critical materials
and goods; and (3) coordination, information-gathering, and other supporting provisions under Title VII.
This Insight examines the new Administration's recent DPA actions and related congressional policy
considerations. See CRS Report R43767 for an in-depth discussion of DPA history and authorities, and
CRS Report R46628 for an analysis of the Trump Administration's COVID-19 DPA policies regarding
personal protective equipment (PPE).


What New DPA Actions Has the Administration Taken?

President Joseph R. Biden Jr. issued two Executive Orders (E.O.s) directly referencing the DPA on
January 21:
    1. E.O. 13987: Establishes White House positions of COVID-19 Response Coordinator and
       Deputy Coordinator to manage government-wide public health countermeasures,
       including coordination of: (1) the production of pandemic response supplies using the
       DPA, (2) vaccine deployment, (3) school reopening, and (4) intergovernmental and
       interagency processes.
   2.  E.O. 14001: Directs the Secretaries of State, Defense, Health and Human Services,
       Homeland Security, and other relevant agency heads to: (1) review and assess availability
       of critical materials, treatments, and supplies to combat COVID-19 (pandemic
       response supplies); (2) examine how DPA and other emergency authorities could
       address shortfalls; and (3) use DPA authorities as necessary-for PPE and vaccines.
                                                             Congressional Research Service
                                                             https://crsreports.congress.gov
                                                                                 IN11593

CRS INSIGHT
Prepared for Members and
Committees of Congress

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