1 1 (March 6, 2020)

handle is hein.crs/govcapp0001 and id is 1 raw text is: 









               Researh Sevice






The Defense Production Act (DPA) and

COVID-19: Key Authorities and Policy

Considerations



March 6, 2020

As the coronavirus (COVID-19) outbreak develops, the United States faces drug and medical supply
scarcities due to disrupted supply chains and increased demand. In response, the President may exercise
emergency authorities under the Defense Production Act of 1950 (DPA; 50 U.S.C.  4501 et seq.) to
address supply shortages and economic development impacts, and may have begun the process of doing
so. This Insight considers DPA authorities that may be used to address domestic essential goods and
materials shortages caused by the outbreak, and explores potential policy considerations for Congress. For
more information on the health and epidemiological aspects of COVID-19, see CRS products R46219 and
IF11421.


DPA Provisions and Recent Use

The DPA confers broad presidential authorities to mobilize domestic industry in service of the national
defense, defined in statute as various military activities and homeland security, stockpiling, space, and
any directly related activity (50 U.S.C. 4552.) including emergency preparedness activities under the
Stafford Act, which has been used for public health emergencies. Many of these authorities are delegated
to executive agencies under Executive Order 13603.
Current DPA authorities include, but are not limited to:
       Title I: Priorities and Allocations, which allows the President to require persons
       (including businesses and corporations) to (1) prioritize and accept government contracts
       for materials and services, and (2) allocate or control the general distribution of materials,
       services, and facilities as necessary to promote the national defense. Title I prioritization
       authorities are regularly utilized by the Department of Defense (DOD) to acquire critical
       military capabilities and less frequently by the Department of Homeland Security (DHS)
       for disaster response and preparedness needs. The allocations authority has not been
       invoked since the Cold War, such as to promote energy development in 1974.
                                                               Congressional Research Service
                                                               https://crsreports.congress.gov
                                                                                    IN11231

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