I 

116TH CONGRESS 

2D SESSION H. R. 7018 

To require the President to use authorities under the Defense Production 

Act of 1950 to require emergency production of COVID–19 supplies 

to address the COVID–19 pandemic, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 26, 2020 

Mr. POCAN (for himself, Ms. BLUNT ROCHESTER, and Mr. CRIST) introduced 

the following bill; which was referred to the Committee on Financial Services 

A BILL 

To require the President to use authorities under the Defense 

Production Act of 1950 to require emergency production 

of COVID–19 supplies to address 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 Emergency 

5 Production Act’’. 


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1 SEC. 2. EMERGENCY PRODUCTION OF SUPPLIES TO AD2 DRESS COVID–19 PANDEMIC. 

3 (a) IN GENERAL.—Not later than 1 day after the 

4 date of the enactment of this section, the President shall— 

5 (1) determine under section 101(b) of the De6 fense Production Act of 1950 (50 U.S.C. 4511(b)) 

7 that— 

8 (A) COVID–19 supplies are a scarce and 

9 critical material essential to the national de10 fense; and 

11 (B) the requirements of the national de12 fense for such COVID–19 supplies cannot be 

13 met without exercising the authorities provided 

14 by the Defense Production Act of 1950 (50 

15 U.S.C. 4501 et seq.); 

16 (2) identify private sector capacity to produce 

17 such COVID–19 supplies; and 

18 (3) exercise the authorities provided by the De19 fense Production Act of 1950 (50 U.S.C. 4501 et 

20 seq.) to the extent necessary— 

21 (A) to require emergency production of the 

22 supplies needed to respond to the COVID–19 

23 pandemic; and 

24 (B) to establish a fair and reasonable price 

25 for the sale of COVID–19 supplies produced 

26 pursuant to subparagraph (A). 


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1 (b) COORDINATION.—The President shall coordinate 

2 and direct the distribution of COVID–19 supplies pro3 duced under subsection (a)(3)(A) based on— 

4 (1) requests submitted to the President by the 

5 Governors of the States; and 

6 (2) the needs of the States, as determined 

7 based on the populations of each State. 

8 (c) FUNDING.—Amounts available in the Defense 

9 Production Act Fund under section 304 of the Defense 

10 Production Act of 1950 (50 U.S.C. 4534) shall be avail11 able to carry out this section. 

12 (d) TERMINATION.— 

13 (1) IN GENERAL.—This section shall terminate 

14 on the date on which there are no remaining re15 quests under subsection (b)(1). 

16 (2) DISPOSITION OF UNUSED COVID–19 SUP17 PLIES.—Any COVID–19 supplies produced pursuant 

18 to subsection (a)(3)(A) using amounts from the De19 fense Production Act Fund and unused as of the 

20 date described in paragraph (1) shall be deposited in 

21 the Strategic National Stockpile under section 

22 319F–2 of the Public Health Service Act (42 U.S.C. 

23 247d–6b), including any such supplies authorized for 

24 emergency use under section 564 of the Federal 


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1 Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb– 

2 3). 

3 (e) DEFINITIONS.—In this Act: 

4 (1) COVID–19 SUPPLES.—The term ‘‘COVID– 

5 19 supplies’’ includes— 

6 (A) personal protective equipment, includ7 ing face shields, N–95 respirator masks, and 

8 any other masks determined by the Secretary of 

9 Health and Human Services to be needed to re10 spond to the COVID–19 pandemic and the ma11 terials necessary to produce such personal pro12 tective equipment; 

13 (B) diagnostic tests for COVID–19 and 

14 the reagents and other materials necessary for 

15 producing or conducting such tests; and 

16 (C) any vaccine approved by the Food and 

17 Drug Administration to prevent COVID–19 and 

18 other materials necessary for producing and ad19 ministering such vaccines. 

20 (2) STATE.—The term ‘‘State’’ includes the 

21 District of Columbia, the Commonwealth of Puerto 

22 Rico, the Virgin Islands, Guam, American Samoa, 

23 and the Commonwealth of the Northern Mariana Is24 lands. 

Æ 


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