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I
116TH CONGRESS
2D SESSION
H. R. 6541
To amend the Public Health Service Act to provide for maintaining adequate
supplies in Strategic National Stockpile, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 17, 2020
Mr. MALINOWSKI (for himself, Ms. DELAURO, Ms. ESCOBAR, Mr. GALLEGO,
Ms. JACKSON LEE, Mrs. NAPOLITANO, Mr. PAYNE, Ms. KUSTER of New
Hampshire, Mr. GRIJALVA, Mr. PAPPAS, Mr. COHEN, Ms. SCANLON, Mr.
NEGUSE, Mrs. HAYES, Ms. SCHAKOWSKY, Ms. PORTER, Mr. GONZALEZ
of Texas, Mr. MCNERNEY, Mr. RUPPERSBERGER, Ms. BARRAGA´N, Ms.
NORTON, Mr. VARGAS, Mr. ROUDA, Ms. OMAR, Mr. CISNEROS, Mr. NAD-
LER, Ms. GARCIA of Texas, Mr. CASTRO of Texas, Mr. LEVIN of Cali-
fornia, Mrs. BEATTY, Mr. ESPAILLAT, Ms. BROWNLEY of California, Mr.
GARAMENDI, Mr. POCAN, Mrs. AXNE, Ms. MATSUI, Ms. WASSERMAN
SCHULTZ, and Mr. HASTINGS) introduced the following bill; which was
referred to the Committee on Energy and Commerce, and in addition to
the Committee on Financial Services, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To amend the Public Health Service Act to provide for
maintaining adequate supplies in Strategic National
Stockpile, and for other purposes.
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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•HR 6541 IH
SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Providing Protective
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Equipment Act of 2020’’ or the ‘‘PPE Act of 2020’’.
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SEC. 2. MAINTAINING ADEQUATE SUPPLIES IN STRATEGIC
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NATIONAL STOCKPILE.
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(a) IN GENERAL.—Section 319F–2(a)(3) of the Pub-
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lic Health Service Act (42 U.S.C. 247d–6b(a)(3)) is
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amended—
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(1) in subparagraph (I), by striking ‘‘and’’ at
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the end;
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(2) in subparagraph (J), by striking the period
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at the end and inserting ‘‘; and’’; and
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(3) by adding at the end the following:
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‘‘(K) in consultation with the working
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group under section 319F(a) and the Public
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Health Emergency Medical Countermeasures
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Enterprise established under section 2811–1,
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annually determine the minimum level of rel-
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evant supplies that must be maintained in the
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national stockpile at all times, especially in case
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of a significant pandemic.’’.
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(b) DETERMINATION.—Section 319F–2(a) of the
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Public Health Service Act (42 U.S.C. 247d–6b(a)) is
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amended by adding at the end the following:
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‘‘(6) SUPPLY ADEQUACY.—
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•HR 6541 IH
‘‘(A) BUDGET
SUBMISSION.—Not later
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than February 1 of each year, the Secretary
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shall include in the annual budget submission
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for the Department, and submit to the Con-
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gress, the Secretary’s request with respect to
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expenditures necessary to maintain the min-
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imum level of relevant supplies in the stockpile,
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as determined under subsection (a)(3)(K).
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‘‘(B) DEFENSE PRODUCTION ACT.—If the
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Secretary cannot maintain such minimum level
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due to other issues, including production issues,
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the Secretary shall request that the President
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use the authority provided under title I or III
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of the Defense Production Act of 1950 to attain
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and maintain that minimum level.’’.
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(c) REIMBURSABLE TRANSFERS FROM STRATEGIC
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NATIONAL STOCKPILE.—Section 319F–2(a) of the Public
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Health Service Act (42 U.S.C. 247d–6b(a)), as amended
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by subsection (b), is further amended by adding at the
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end the following:
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‘‘(7) TRANSFERS
AND
REIMBURSEMENTS.—
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Without regard to chapter 5 of title 40, United
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States Code, the Secretary may transfer to any Fed-
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eral department or agency, on a reimbursable basis,
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any drugs, vaccines and other biological products,
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•HR 6541 IH
medical devices, and other supplies in the stockpile
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if the transferred supplies are less than six months
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from expiry.’’.
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(d) REMOVAL
OF LIMITATION
ON
THE DEFENSE
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PRODUCTION ACT FUND.—Section 304 of the Defense
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Production Act of 1950 (50 U.S.C. 4534) is amended—
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(1) by striking subsection (e); and
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(2) by redesignating subsections (f) and (g) as
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subsections (e) and (f), respectively.
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Æ
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