1 1 (April 15, 2020)

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              Researh Sevice

The Defense Production Act (DPA) and the

COVID-19 Pandemic: Recent Developments

and Policy Considerations

April 15, 2020
In response to the COVID-19 pandemic, the Administration invoked the Defense Production Act of 1950
(DPA) on multiple occasions to facilitate the manufacture and distribution of medical equipment and
supplies. The full extent of DPA implementation is unclear-to date, there have been six public
announcements describing official DPA implementation actions.
This Insight describes recent DPA actions and reported implementation with regard to the COVID-19
pandemic, and discusses policy considerations for Congress. It is intended as a companion to CRS
Insights 1N11280 and 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.

Recent DPA Actions

As of April 15, the Administration has issued three DPA-related executive orders and four memoranda (in
chronological order):
      E.O. 13909, Prioritizing and Allocating Health and Medical Resources to Respond to the
       Spread of COVID-19 (March 18), delegated authority to the Health and Human Services
       (HHS) Secretary for making use of DPA Title I prioritization and allocation authorities to
       respond to the pandemic;
    *  E.G. 1391 0, Preventing Hoarding of Health and Medical Resources to Respond to the
       Spread of COVID-19 (March 23), delegated authority to the HHS Secretary, in
       coordination with FEMA, to effect anti-hoarding actions using DPA Title I and data
       collection under Title VII authorities; and
    *  E.O. 13911, Delegating Additional Authority Under the Defense Production Act With
       Respect to Health and Medical Resources to Respond to the Spread of COVID-19 (March
       27), delegated authority to the HHS and the Homeland Security (DHS) secretaries,
                                                             Congressional Research Service

Prepaimed for Mernbei-s and
Com mittees 4 o. C- --q s . . . . . . . . . . . . . . . . . . . . ..------------------------------------------------------------------------------------------------------------------------------------------------------------

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