Defense Production Act (DPA): Recent
Developments in Response to COVID-19
Updated July 28, 2020
The Administration has employed the Defense Production Act of 1950 (DPA) as part of federal
countermeasures to the Coronavirus Disease 2019 (COVID-19) pandemic. The DPA confers presidential
authorities to mobilize domestic industry in service of the national defense, broadly defined, including
emergency preparedness. The DPA includes provisions under Title I to prioritize the acceptance of
contracts, and to allocate scarce goods, materials, and services; and under Title III, to provide for the
expansion of productive capacity. Title VII provides definitions and other supporting provisions.
This Insight considers recent DPA actions in response to COVID-19 and is intended as a companion to
CRS Insight IN11387. See CRS Report R43767 for an in-depth discussion of DPA history and authorities.
Recent DPA Implementation Actions
Since May 12, a number of DPA actions have occurred or been made public:
May 12: The Federal Emergency Management Agency (FEMA) and the Department of
Justice (DOJ) announced a “voluntary agreement” pursuant to Title VII of the DPA to
coordinate industry cooperation.
May 13: FEMA issued its “Emergency Management Priorities and Allocations System”
to govern Title I implementation processes.
May 18: The Food and Drug Administration (FDA) and the Department of Agriculture
(USDA) issued a memorandum of understanding (MOU) regarding DPA food security
implementation.
May 30: The Department of Defense (DOD) reversed plans to allocate approximately
75% of the $1 billion in DPA Title III funds appropriated for health resources under the
Coronavirus Aid, Relief, and Economic Security (CARES) Act in response to the
pandemic, and instead allocated $688 million for defense industrial base investments.
June 22: DOD and the International Development Finance Corporation (DFC) signed an
MOU in which the DFC would support lending activities under DOD’s Title III program.
