I 

117TH CONGRESS 

1ST SESSION H. R. 1720 

To provide additional funding under the Defense Production Act of 1950 

related to medical supplies and equipment directly related to combating 

the COVID–19 pandemic, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 9, 2021 

Mr. VARGAS (for himself and Ms. WATERS) introduced the following bill; 

which was referred to the Committee on Financial Services 

A BILL 

To provide additional funding under the Defense Production 

Act of 1950 related to medical supplies and equipment 

directly related to combating the COVID–19 pandemic, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘COVID–19 Medical 

5 Production Act’’. 


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1 SEC. 2. COVID–19 EMERGENCY MEDICAL SUPPLIES EN2 HANCEMENT. 

3 (a) SUPPORTING ENHANCED USE OF THE DEFENSE

4 PRODUCTION ACT OF 1950.—In addition to funds other5 wise available, there is appropriated, out of amounts in 

6 the Treasury not otherwise appropriated, for fiscal year 

7 2021, $10,000,000,000, to remain available until Sep8 tember 30, 2025, to carry out titles I, III, and VII of the 

9 Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) 

10 in accordance with subsection (b). 

11 (b) MEDICAL SUPPLIES AND EQUIPMENT.— 

12 (1) TESTING, PPE, VACCINES, AND OTHER MA13 TERIALS.—Except as provided in paragraph (2), 

14 amounts appropriated in subsection (a) shall be used 

15 for the purchase, production (including the construc16 tion, repair, and retrofitting of government-owned or 

17 private facilities as necessary), or distribution of 

18 medical supplies and equipment (including durable 

19 medical equipment) related to combating the 

20 COVID–19 pandemic, including— 

21 (A) in vitro diagnostic products (as defined 

22 in section 809.3(a) of title 21, Code of Federal 

23 Regulations) for the detection of SARS–CoV–2 

24 or the diagnosis of the virus that causes 

25 COVID–19, and the reagents and other mate26 rials necessary for producing, conducting, or 


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1 administering such products, and the machin2 ery, equipment, laboratory capacity, or other 

3 technology necessary to produce such products; 

4 (B) face masks and personal protective 

5 equipment, including face shields, nitrile gloves, 

6 N–95 filtering facepiece respirators, and any 

7 other masks or equipment (including durable 

8 medical equipment) determined by the Sec9 retary of Health and Human Services to be 

10 needed to respond to the COVID–19 pandemic, 

11 and the materials, machinery, additional manu12 facturing lines or facilities, or other technology 

13 necessary to produce such equipment; and 

14 (C) drugs and devices (as those terms are 

15 defined in the Federal Food, Drug, and Cos16 metic Act (21 U.S.C. 301 et seq.)) and biologi17 cal products (as that term is defined by section 

18 351 of the Public Health Service Act (42 

19 U.S.C. 262)) that are approved, cleared, li20 censed, or authorized under either of such Acts 

21 for use in treating or preventing COVID–19 

22 and symptoms related to COVID–19, and any 

23 materials, manufacturing machinery, additional 

24 manufacturing or fill-finish lines or facilities, 

25 technology, or equipment (including durable 


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1 medical equipment) necessary to produce or use 

2 such drugs, biological products, or devices (in3 cluding syringes, vials, or other supplies or 

4 equipment related to delivery, distribution, or 

5 administration). 

6 (2) RESPONDING TO PUBLIC HEALTH EMER7 GENCIES.—After September 30, 2022, amounts ap8 propriated in subsection (a) may be used for any ac9 tivity authorized by paragraph (1), or any other ac10 tivity that the Secretary of Health and Human Serv11 ices determines to be necessary, to meet critical pub12 lic health needs of the United States, with respect 

13 to any pathogen that the President has determined 

14 has the potential for creating a public health emer15 gency. 

16 (c) DELEGATION AUTHORITY.—For purposes of 

17 using amounts appropriated in subsection (a), the Presi18 dent shall only delegate authority to— 

19 (1) with respect to any uses described under 

20 subsection (b), the Secretary of Health and Human 

21 Services; 

22 (2) with respect to uses described under sub23 section (b)(1), the head of any other agency respon24 sible for responding to the COVID–19 pandemic if 

25 the President determines that such delegation is imVerDate Sep 11 2014 23:13 May 06, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1720.IH H1720

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1 portant to an effective response to such pandemic; 

2 and 

3 (3) with respect to uses described under sub4 section (b)(2), the head of any other agency respon5 sible for responding to any pathogen with the poten6 tial for creating a public health emergency if the 

7 President determines that such delegation is impor8 tant to an effective response to a public health emer9 gency that may be created by such pathogen. 

10 (d) APPLICATION OF LIMITATIONS UNDER THE DE11 FENSE PRODUCTION ACT OF 1950.—The requirements 

12 described in section 304(e) of the Defense Production Act 

13 of 1950 (50 U.S.C. 4534(e)) shall not apply to the funds 

14 appropriated in subsection (a) until September 30, 2025. 

Æ 


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