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II
116TH CONGRESS
2D SESSION
S. 3568
To require the President to use authorities under the Defense Production
Act of 1950 to require emergency production of medical equipment
to address the COVID-19 outbreak.
IN THE SENATE OF THE UNITED STATES
MARCH 23, 2020
Mr. MURPHY (for himself, Mr. SCHATZ, Mr. BENNET, Mr. HEINRICH, Mrs.
GILLIBRAND, Mr. MANCHIN, Mr. BLUMENTHAL, and Mr. VAN HOLLEN)
introduced the following bill; which was read twice and referred to the
Committee on Banking, Housing, and Urban Affairs
A BILL
To require the President to use authorities under the Defense
Production Act of 1950 to require emergency production
of medical equipment to address the COVID-19 out-
break.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Medical Supply Chain
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Emergency Act of 2020’’.
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SEC. 2. EMERGENCY PRODUCTION OF MEDICAL EQUIP-
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MENT TO ADDRESS COVID-19 OUTBREAK.
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(a) IN GENERAL.—Immediately upon the enactment
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of this Act, the President shall—
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(1) determine under section 101(b) of the De-
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fense Production Act of 1950 (50 U.S.C. 4511(b))
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that—
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(A) medical equipment described in para-
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graph (3)(A) is scarce and a critical material
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essential to the national defense; and
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(B) the requirements of the national de-
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fense for such equipment cannot be met without
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exercising the authorities provided by the De-
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fense Production Act of 1950 (50 U.S.C. 4501
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et seq.);
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(2) identify private sector capacity to produce
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such equipment;
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(3) exercise the authorities provided by the De-
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fense Production Act of 1950 to the extent nec-
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essary—
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(A) to require emergency production of—
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(i) not less than—
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(I) 500,000,000 N95 respirators;
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(II) 200,000 medical ventilators;
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(III) 20,000,000 face shields;
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•S 3568 IS
(IV) 500,000,000 pairs of med-
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ical exam gloves; and
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(V) 20,000,000 surgical gowns;
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and
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(ii) such other medical equipment as
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the President determines to be necessary
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to address the coronavirus disease 2019
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(commonly known as ‘‘COVID-19’’) out-
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break; and
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(B) to establish a fair and reasonable price
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for the sale of medical equipment produced pur-
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suant to subparagraph (A).
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(b) COORDINATION.—The President shall coordinate
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and direct the allocation of medical equipment produced
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under subsection (a) based on requests from the Gov-
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ernors of the States and the needs of the States, as deter-
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mined based on—
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(1) the number of cases of COVID-19 in a
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State; and
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(2) the proportion of the population in a State
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with a higher risk of developing a serious illness
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from COVID-19.
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(c) FUNDING.—Amounts available in the Defense
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Production Act Fund under section 304 of the Defense
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Production Act of 1950 (50 U.S.C. 4534) shall be avail-
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able to carry out this section.
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(d) TERMINATION.—
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(1) IN GENERAL.—This section, and authorities
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carried out pursuant to this section, shall terminate
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on the date on which the national emergency de-
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clared under the National Emergencies Act (50
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U.S.C. 1601 et seq.) on March 13, 2020, relating to
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the COVID-19 outbreak, terminates.
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(2) DISPOSITION OF UNUSED MEDICAL EQUIP-
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MENT.—Any medical equipment produced pursuant
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to subsection (a) using amounts from the Defense
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Production Act Fund and unused as of the date de-
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scribed in paragraph (1) shall be deposited in the
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Strategic National Stockpile.
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Æ
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