Title: A bill to provide for the expedited procurement of equipment needed to combat COVID-19 under the Defense Production Act of 1950.
Policy area: Health

Summary:
This bill directs certain actions to procure equipment necessary to prevent, identify, and mitigate cases of COVID-19 (i.e., coronavirus disease 2019).
The National Response Coordination Center of the Federal Emergency Management Agency must, within seven days, submit a report to Congress and the President that (1) assesses the need for equipment, including personal protective equipment and ventilators, across the United States; and (2) identifies the industry sectors and manufacturers capable of fulfilling purchase orders for such equipment, as well as government-owned and privately owned stockpiles of such equipment that could be refurbished.
Within 24 hours, the President must issue a purchase order with the highest priority rating under the Defense Priorities and Allocations System (DPAS) for a specified number of N-95 respirators and face masks. (DPAS is used to prioritize national defense-related contracts, subcontracts, and purchase orders.) Within seven days of receiving the center's report, the President must also issue priority purchase orders for the equipment identified in the report under authorities provided by the Defense Production Act of 1950. (That act confers upon the President a broad set of authorities to influence domestic industry in order to provide essential materials and goods for the national defense.) The bill waives certain requirements under the act related to congressional notification and authorization and makes specified funds available for these efforts.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3570 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 3570

To provide for the expedited procurement of equipment needed to combat 
           COVID-19 under the Defense Production Act of 1950.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 23, 2020

 Ms. Baldwin (for herself, Mr. Blumenthal, Mr. Bennet, Mr. Booker, Ms. 
 Duckworth, Mrs. Shaheen, Ms. Hirono, Ms. Harris, Mr. Van Hollen, Ms. 
Hassan, Mr. Casey, Ms. Warren, Mr. Kaine, Mr. Schumer, Mrs. Gillibrand, 
 Mr. Merkley, Mr. Carper, Mr. Tester, and Mr. Manchin) introduced the 
 following bill; which was read twice and referred to the Committee on 
                  Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
To provide for the expedited procurement of equipment needed to combat 
           COVID-19 under the Defense Production Act of 1950.

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

SECTION 1. EXPEDITED PROCUREMENT OF EQUIPMENT NEEDED TO COMBAT COVID-
              19.

    (a) Report Required.--Not later than 7 days after the date of the 
enactment of this Act, the National Response Coordination Center of the 
Federal Emergency Management Agency, in coordination with the Defense 
Logistics Agency and in consultation with the Department of Health and 
Human Services, shall submit to Congress and the President a report 
that includes--
            (1) an assessment of the need across the United States for 
        equipment necessary to prevent, identify, and mitigate cases of 
        coronavirus disease 2019 (commonly known as ``COVID-19''), 
        including personal protective equipment and ventilators;
            (2) an identification of the industry sectors and 
        manufacturers most ready to fulfill purchase orders for such 
        equipment; and
            (3) an identification of government and privately owned 
        stockpiles of equipment not included in the Strategic National 
        Stockpile that could be repaired or refurbished.
    (b) Purchase Orders.--
            (1) Immediate purchases.--Not later than 24 hours after the 
        enactment of this Act, the President shall issue a ``DX'' rated 
        priority purchase order pursuant to Department of Defense 
        Directive 4400.1 to procure 300,000,000 N95 respirators and 
        facemasks under authorities provided by the Defense Production 
        Act of 1950 (50 U.S.C. 4501 et seq.).
            (2) Additional purchases.--Not later than 7 days after 
        receiving the report required by subsection (a), the President 
        shall issue ``DX'' rated priority purchase orders pursuant to 
        Department of Defense Directive 4400.1 to procure equipment 
        identified under paragraph (1) of that subsection under 
        authorities provided by the Defense Production Act of 1950 (50 
        U.S.C. 4501 et seq.).
    (c) Waiver of Certain Requirements.--The requirements of sections 
301(d)(1)(A), 302(d)(1), and subparagraphs (B) and (C) of section 
303(a)(6) of the Defense Production Act of 1950 (50 U.S.C. 
4531(d)(1)(A), 4532(d)(1), and 4533(a)(6)) are waived for purposes of 
this section.
    (d) 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 for purchases made under this section.
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