COVID–19 Emergency Production Act

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. Short title This Act may be cited as the COVID–19 Emergency Production Act 2. Emergency production of supplies to address COVID–19 pandemic (a) In general Not later than 1 day after the date of the enactment of this section, the President shall— (1) determine under section 101(b) of the Defense Production Act of 1950 ( 50 U.S.C. 4511(b) (A) COVID–19 supplies are a scarce and critical material essential to the national defense; and (B) the requirements of the national defense for such COVID–19 supplies cannot be met without exercising the authorities provided by the Defense Production Act of 1950 ( 50 U.S.C. 4501 (2) identify private sector capacity to produce such COVID–19 supplies; and (3) exercise the authorities provided by the Defense Production Act of 1950 ( 50 U.S.C. 4501 (A) to require emergency production of the supplies needed to respond to the COVID–19 pandemic; and (B) to establish a fair and reasonable price for the sale of COVID–19 supplies produced pursuant to subparagraph (A). (b) Coordination The President shall coordinate and direct the distribution of COVID–19 supplies produced under subsection (a)(3)(A) based on— (1) requests submitted to the President by the Governors of the States; and (2) the needs of the States, as determined based on the populations of each State. (c) Funding Amounts available in the Defense Production Act Fund under section 304 of the Defense Production Act of 1950 ( 50 U.S.C. 4534 (d) Termination (1) In general This section shall terminate on the date on which there are no remaining requests under subsection (b)(1). (2) Disposition of unused COVID–19 supplies Any COVID–19 supplies produced pursuant to subsection (a)(3)(A) using amounts from the Defense Production Act Fund and unused as of the date described in paragraph (1) shall be deposited in the Strategic National Stockpile under section 319F–2 of the Public Health Service Act ( 42 U.S.C. 247d–6b 21 U.S.C. 360bbb–3 (e) Definitions In this Act: (1) COVID–19 supples The term COVID–19 supplies (A) personal protective equipment, including face shields, N–95 respirator masks, and any other masks determined by the Secretary of Health and Human Services to be needed to respond to the COVID–19 pandemic and the materials necessary to produce such personal protective equipment; (B) diagnostic tests for COVID–19 and the reagents and other materials necessary for producing or conducting such tests; and (C) any vaccine approved by the Food and Drug Administration to prevent COVID–19 and other materials necessary for producing and administering such vaccines. (2) State The term State

Summary: COVID-19 Emergency Production Act This bill directs the President to use existing authorities under the Defense Production Act of 1950 with respect to the production of COVID-19 (i.e., coronavirus disease 2019) supplies, such as personal protective equipment, diagnostic tests, and vaccines. That act confers upon the President a broad set of authorities to influence domestic industry in order to provide essential materials and goods needed for the national defense. Specifically, the President must (1) make a determination that such supplies are essential for the national defense, (2) identify private-sector capacity to produce these supplies, and (3) exercise authorities under the act to require emergency production of them at a reasonable price. In addition, the President shall coordinate the allocation of these supplies based on requests from governors and the needs of the states as determined by the population of each state. The bill's directive to produce COVID-19 supplies terminates when there are no remaining requests for them from states, and supplies that have been produced but are unused at that time shall be deposited into the Strategic National Stockpile.