Title: COVID–19 Emergency Production Act
Policy area: Government Operations and Politics

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.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7018 Introduced in House (IH)]

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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.

    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 Emergency Production Act''.

SEC. 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)) that--
                    (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 et seq.);
            (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 et seq.) to the extent 
        necessary--
                    (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) shall be available to carry out this section.
    (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), including any such 
        supplies authorized for emergency use under section 564 of the 
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-3).
    (e) Definitions.--In this Act:
            (1) COVID-19 supples.--The term ``COVID-19 supplies'' 
        includes--
                    (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'' includes the District of 
        Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, 
        Guam, American Samoa, and the Commonwealth of the Northern 
        Mariana Islands.
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