Public Health Emergency Production Act of 2020

Public Health Emergency Production Act of 2020

This bill modifies the administration of the Defense Production Act of 1950 and requires reporting on the use of authorities under the act during the COVID-19 (i.e., coronavirus disease 2019) emergency. (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 Department of Health and Human Services (HHS) must require companies to prioritize the fulfillment of federal contracts or orders necessary for pandemic preparedness and response upon finding that (1) a material is essential to the public health, and (2) public health needs cannot be met through normal distribution channels. HHS must also establish, within the Office of the Assistant Secretary for Preparedness and Response, an office responsible for Defense Production Act of 1950 activities.

Other changes include (1) eliminating a requirement to transfer any balance in excess of $750 million from the Defense Production Act Fund to the General Fund of the Department of the Treasury, and (2) enabling personnel to rotate between the Office of the Deputy Assistant Secretary of Defense for Industrial Policy and specified components of HHS.

With respect to reporting, the Defense Production Act Committee must report general information concerning the use of Defense Production Act of 1950 authorities, and the Office of the Inspector General for the Department of Agriculture must report on the use of such authorities specifically with respect to the operations of meat processing facilities, during the COVID-19 emergency.