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ARTICLE · 02 JUNE 2020

COVID-19 And The US Defense Production Act: Latest Developments

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This week brought further developments in the use of the Defense Production Act, 50 U.S.C. § 4501 et seq. ("the DPA"), to address the COVID-19 pandemic in the United States.

United StatesCoronavirus (COVID-19)

This week brought further developments in the use of the Defense Production Act, 50 U.S.C. § 4501 et seq. ("the DPA"), to address the COVID-19 pandemic in the United States. As discussed below, President Trump delegated use of DPA Title III authority to the International Development Finance Corporation ("DFC") to support domestic industry. In addition, the Federal Emergency Management Agency ("FEMA") issued an interim rule, effective immediately, detailing how it is implementing its DPA authorities.

As we have explained previously, the DPA has been used in response to the COVID-19 pandemic in a variety of ways. The president has invoked the DPA to facilitate the supply of materials for production of ventilators and to acquire N95 respirators. The DPA has been used both for acquisitions by the federal government and to enable third parties to obtain needed supplies that other entities (including the government) may use.

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