COVID–19 Medical Production Act
Bill: H.R.1720 | Sponsor: Rep. Vargas, Juan (D-CA)
Policy area: Health

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.

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``COVID-19 Medical Production Act''.

SEC. 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 et seq.) in accordance with subsection (b).
    (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 et seq.)) and biological products (as that term is 
                defined by section 351 of the Public Health Service Act 
                (42 U.S.C. 262)) that are approved, cleared, licensed, 
                or authorized under either of such Acts for use in 
                treating or preventing COVID-19 and symptoms related to 
                COVID-19, and any materials, manufacturing machinery, 
                additional manufacturing or fill-finish lines or 
                facilities, technology, or equipment (including durable 
                medical equipment) necessary to produce or use such 
                drugs, biological products, or devices (including 
                syringes, vials, or other supplies or equipment related 
                to delivery, distribution, or administration).
            (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)) shall not apply to the funds 
appropriated in subsection (a) until September 30, 2025.
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