SUPPLIES Act

I 117TH CONGRESS 1ST SESSION H. R. 346 To establish a program providing grants to certain small business concerns to modify or reallocate their productive facilities to begin or increase production of certain medical supplies critical to addressing the COVID– 19 pandemic, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 19, 2021 Ms. DAVIDS of Kansas introduced the following bill; which was referred to the Committee on Small Business A BILL To establish a program providing grants to certain small business concerns to modify or reallocate their productive facilities to begin or increase production of certain med- ical supplies critical to addressing the COVID–19 pan- demic, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Shoring Up Personal 4 Protective and Lifesaving Indispensable Equipment Stock- 5 pile Act’’ or the ‘‘SUPPLIES Act’’. 6 VerDate Sep 11 2014 01:49 Feb 07, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H346.IH H346 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 346 IH SEC. 2. INCREASING PRODUCTION OF CRITICAL MEDICAL 1 SUPPLIES. 2 (a) ESTABLISHMENT.—Not later than 15 days after 3 the date of enactment of this Act, the Administrator of 4 the Small Business Administration shall establish a pro- 5 gram to provide grants to modify or reallocate the produc- 6 tive facilities of small business concerns to produce a cov- 7 ered good that is critically needed to address the national 8 emergency related to the COVID–19 pandemic. 9 (b) APPLICATION.—A small business concern seeking 10 a grant under this section shall submit to the Adminis- 11 trator an application at such time, in such manner, and 12 containing such information as the Administration may 13 reasonably require. 14 (c) ELIGIBILITY.—A small business concern that has 15 not begun modifications or reallocations of the productive 16 facilities of such concern before the date on which the na- 17 tional emergency was declared is eligible to receive a grant 18 under this section to modify or reallocate such productive 19 facilities. 20 (d) GRANT TERMS.— 21 (1) MATCHING REQUIREMENT.— 22 (A) IN GENERAL.—A small business con- 23 cern receiving a grant under this section shall 24 provide non-Federal matching funds equal to 25 not less than 25 percent of the grant. 26 VerDate Sep 11 2014 01:49 Feb 07, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H346.IH H346 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 346 IH (B) IN-KIND SUPPORT.—The non-Federal 1 matching funds described in subparagraph (A) 2 may include in-kind support. 3 (2) SALE REQUIREMENTS.—With respect to 4 covered goods produced by a grant recipient during 5 the period of the national emergency as a result of 6 a modification or reallocation of productive facilities 7 using grant amounts, such grant recipient, and any 8 parent company or affiliate of such recipient, shall— 9 (A) prioritize the domestic sale of any such 10 covered goods; and 11 (B) sell such covered goods at a price that 12 does not grossly exceed the average price of 13 such covered goods for the 90-day period end- 14 ing on January 31, 2020, for the region in 15 which the grant recipient sells such covered 16 goods, except to the extent that the price rea- 17 sonably reflects additional production costs. 18 (e) PRIORITIES.—In making grants under this Act, 19 the Administrator shall prioritize applications based on— 20 (1) the expected date by which the applicant 21 will begin or increase production of covered goods; 22 (2) the expected number of covered goods that 23 will be produced as a result of a modification or re- 24 VerDate Sep 11 2014 01:49 Feb 07, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H346.IH H346 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 346 IH allocation of productive facilities using grant 1 amounts; and 2 (3) such other criteria that the Administrator 3 determines to be appropriate. 4 (f) GRANT PERIOD.—Grants under this section may 5 only be made during the period of the national emergency. 6 (g) RULEMAKING.—Not later than 15 days after the 7 date of enactment of this Act, the Administrator shall 8 issue rules to carry out this Act. 9 (h) REPORTS.— 10 (1) INTERIM REPORT.—Not later than 6 11 months after the date of enactment of this Act, the 12 Administrator shall submit to the Committee on 13 Small Business of the House of Representatives and 14 the Committee on Small Business and Entrepre- 15 neurship of the Senate a report on the grants made 16 under this Act, including— 17 (A) the total number and dollar amount of 18 such grants; 19 (B) a list of the recipients of such grants; 20 and 21 (C) with respect to each such grant, how 22 grant funds are being used. 23 (2) FINAL REPORT.—Not later than 1 year 24 after the date of enactment of this Act, the Adminis- 25 VerDate Sep 11 2014 01:49 Feb 07, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H346.IH H346 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 346 IH trator shall submit to the Committee on Small Busi- 1 ness of the House of Representatives and the Com- 2 mittee on Small Business and Entrepreneurship of 3 the Senate a report evaluating the effect of the pro- 4 gram established under subsection (a) on the re- 5 sponse to the COVID–19 pandemic, including— 6 (A) a description of any covered goods pro- 7 duced by a grant recipient as a result of a 8 modification or reallocation of productive facili- 9 ties using grant amounts; 10 (B) the total number of each such covered 11 good produced; 12 (C) a list of purchasers of more than 500 13 covered goods produced as a result of a modi- 14 fication or reallocation of productive facilities 15 using grant amounts; 16 (D) a description of the overall effect that 17 the manufacturing of covered goods by grant 18 recipients had in meeting the increased demand 19 for such covered goods resulting from the 20 COVID–19 pandemic; and 21 (E) recommendations for continuing or im- 22 proving the program. 23 VerDate Sep 11 2014 01:49 Feb 07, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H346.IH H346 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 346 IH (i) AUTHORIZATION OF APPROPRIATIONS.—There is 1 authorized to be appropriated $100,000,000 through Sep- 2 tember 30, 2021, to carry out this Act. 3 (j) DEFINITIONS.—In this section: 4 (1) ADMINISTRATOR.—The term ‘‘Adminis- 5 trator’’ means the Administrator of the Small Busi- 6 ness Administration. 7 (2) COVERED GOOD.—The term ‘‘covered good’’ 8 means invasive or multifunction ventilators, N95 9 respirators, surgical masks, surgical gowns, sani- 10 tizing wipes, nasopharyngeal swabs, viral transport 11 media, procedure masks, hand sanitizer, face shields, 12 or nitrile exam gloves. 13 (3) NATIONAL EMERGENCY.—The term ‘‘na- 14 tional emergency’’ means the national emergency de- 15 clared by the President under the National Emer- 16 gencies Act (50 U.S.C. 1601 et seq.) with respect to 17 COVID–19. 18 (4) SMALL BUSINESS CONCERN.—The term 19 ‘‘small business concern’’ has the same meaning as 20 under section 3 of the Small Business Act (15 21 U.S.C. 632). 22 Æ VerDate Sep 11 2014 01:49 Feb 07, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H346.IH H346 kjohnson on DSK79L0C42PROD with BILLS