COVID–19 Medical Production Act

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. Short title This Act may be cited as the COVID–19 Medical Production Act 2. COVID–19 emergency medical supplies enhancement (a) Supporting enhanced use of the Defense Production Act of 1950 In addition to funds otherwise available, there is appropriated, out of amounts in the Treasury not otherwise appropriated, for fiscal year 2021, $10,000,000,000, to remain available until September 30, 2025, to carry out titles I, III, and VII of the Defense Production Act of 1950 ( 50 U.S.C. 4501 (b) Medical supplies and equipment (1) Testing, PPE, vaccines, and other materials Except as provided in paragraph (2), amounts appropriated in subsection (a) shall be used for the purchase, production (including the construction, repair, and retrofitting of government-owned or private facilities as necessary), or distribution of medical supplies and equipment (including durable medical equipment) related to combating the COVID–19 pandemic, including— (A) in vitro diagnostic products (as defined in section 809.3(a) of title 21, Code of Federal Regulations) for the detection of SARS–CoV–2 or the diagnosis of the virus that causes COVID–19, and the reagents and other materials necessary for producing, conducting, or administering such products, and the machinery, equipment, laboratory capacity, or other technology necessary to produce such products; (B) face masks and personal protective equipment, including face shields, nitrile gloves, N–95 filtering facepiece respirators, and any other masks or equipment (including durable medical equipment) determined by the Secretary of Health and Human Services to be needed to respond to the COVID–19 pandemic, and the materials, machinery, additional manufacturing lines or facilities, or other technology necessary to produce such equipment; and (C) drugs and devices (as those terms are defined in the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 42 U.S.C. 262 (2) Responding to public health emergencies After September 30, 2022, amounts appropriated in subsection (a) may be used for any activity authorized by paragraph (1), or any other activity that the Secretary of Health and Human Services determines to be necessary, to meet critical public health needs of the United States, with respect to any pathogen that the President has determined has the potential for creating a public health emergency. (c) Delegation authority For purposes of using amounts appropriated in subsection (a), the President shall only delegate authority to— (1) with respect to any uses described under subsection (b), the Secretary of Health and Human Services; (2) with respect to uses described under subsection (b)(1), the head of any other agency responsible for responding to the COVID–19 pandemic if the President determines that such delegation is important to an effective response to such pandemic; and (3) with respect to uses described under subsection (b)(2), the head of any other agency responsible for responding to any pathogen with the potential for creating a public health emergency if the President determines that such delegation is important to an effective response to a public health emergency that may be created by such pathogen. (d) Application of limitations under the Defense Production Act of 1950 The requirements described in section 304(e) of the Defense Production Act of 1950 ( 50 U.S.C. 4534(e)

Summary: COVID-19 Medical Production Act This bill provides additional funding for FY2021 to acquire medical supplies, vaccines, and other equipment to combat COVID-19 (i.e., coronavirus disease 2019) using authorities under the Defense Production Act of 1950. That act confers on the President a broad set of authorities to influence domestic industry to provide essential materials and goods for the national defense. This funding is available through FY2025. Beginning in FY2023, it may be used to meet public health needs to address any pathogen determined by the President to have the potential to create a public health emergency.