COVID-19: Defense Production Act (DPA)
Developments and Issues for Congress
Updated May 15, 2020
The White House is employing the Defense Production Act of 1950 (DPA) in response to the Coronavirus
Disease 2019 (COVID-19) pandemic to facilitate the production and availability of essential goods,
supplies, and services. This Insight considers recent DPA actions and associated policy considerations for
Congress. It is a companion to CRS Insights IN11337, IN11280, and IN11231. See CRS Report R43767
for a more in-depth discussion of DPA history and authorities.
New DPA Actions in Response to COVID-19
Since April 15, eight DPA actions have been made public:
According to Federal Procurement Data System (FPDS) COVID-19 records, the Federal
Emergency Management Agency (FEMA) issued four DPA priority-rated orders to the
3M company for N95 respirators on April 16, April 21, and April 28, per an April 2 White
House memorandum. FEMA announced the DPA priority-rated orders for N95 respirators
from 3M on April 14.
On April 20, the Department of Defense (DOD) announced it set aside $750 million of $1
billion in new DPA Title III appropriations for health resources, with $250 million
reserved for defense industrial base investments.
On April 21, DOD announced a $133 million Title III investment in N95 respirator
production, per a previous April 11 announcement.
The Department of Justice (DOJ) charged a New York resident on April 24, and two
individuals on April 28, with violating DPA anti-hoarding/price-gouging provisions.
On April 28, President Trump issued Executive Order (E.O.) 13917 directing the
Department of Agriculture (USDA) to exercise DPA authorities to address meat
processing plant closures, and any other food supply chain issues, due to the pandemic.
On April 29, DOD announced $75 million in DPA Title III investments to increase nasal
swab production, per the President’s April 19 DPA invocation.
