1 1 (March 25, 2020)

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              Researh Sevice

COVID-19: Industrial Mobilization and

Defense Production Act (DPA)


March 25, 2020

On March 18, President Trump issued Executive Order 13909, Prioritizing and Allocating Health and
Medical Resources to Respond to the Spread of COVID-19, which announced the President's invocation
of the Defense Production Act of 1950 (DPA) in response to the COVID-19 pandemic. The administration
has yet to publicly provide direction to the private sector under this authority.
This Insight considers possible future DPA implementation processes, industrial mobilization, and
congressional considerations concerning the COVID-19 pandemic, and is a companion to CRS Insight
IN 1231. See CRS Report R43767 for a more in-depth discussion of DPA history and authorities. For
additional related resources, see the CRS Coronavirus Disease 2019 homepage.

Overview of DPA Powers in EO 13909

Executive Order 13909 (E.O. 13909), issued on March 18, 2020, in response to reported critical shortages
of medical equipment and supplies, is organized into three sections:
    *  Section 1, Policy and Findings, announces the invocation of DPA authorities on the basis
       of the national security risk posed by the COVID-19 pandemic with the finding that
       current resources are insufficient to the task without the emergency authorities provided
       by the DPA.
    * Section 2, Priorities andAllocation of Medical Resources, activates DPA Title I
       prioritization and allocation authorities, and provides for the Secretary of Health and
       Human Services (HHS), in consultation with the Secretary of Commerce and other
       executive agency heads, to exercise their use and issue additional guidelines and
       regulations as needed.
    *  Section 3, General Provisions, includes general provisions applicable to carrying out the
       executive order.

                                                              Congressional Research Service

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