I 117TH CONGRESS 1ST SESSION H. R. 387 To prevent doses of vaccines for COVID–19 from being wasted, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 21, 2021 Mr. BUDD (for himself and Mr. GARCIA of California) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To prevent doses of vaccines for COVID–19 from being wasted, 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 ‘‘Vaccinate More Ameri- 4 cans Act of 2021’’. 5 VerDate Sep 11 2014 20:13 Feb 07, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H387.IH H387 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 387 IH SEC. 2. PHASED ALLOCATION INAPPLICABLE WHERE IT IS 1 REASONABLY NECESSARY TO PREVENT THE 2 EXPIRATION OF ANY DOSE OF VACCINE FOR 3 COVID–19. 4 (a) IN GENERAL.—Where it is reasonably necessary 5 to prevent the expiration of any dose of vaccine for 6 COVID–19 purchased from the Federal Government, a 7 vaccine provider may— 8 (1) disregard any phased allocation of such dose 9 under applicable Federal, State, and local law; and 10 (2) administer such dose to an individual who 11 is in the next phased allocation group under applica- 12 ble Federal, State, and local law for which the vac- 13 cine provider can locate individuals available and 14 willing to receive the dose. 15 (b) PREEMPTION.—Subsection (a) preempts any 16 State or local law to the contrary. 17 (c) RULE OF CONSTRUCTION.—Nothing in sub- 18 section (a) shall be construed to override Federal, State, 19 or local law other than with respect to the phased alloca- 20 tion of dosing. 21 (d) DEFINITION.—In this section, the term ‘‘phased 22 allocation’’ means the prioritization of groups for the re- 23 ceipt of the vaccine for COVID–19 as determined by ap- 24 propriate public health authorities. 25 VerDate Sep 11 2014 20:13 Feb 07, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H387.IH H387 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 387 IH (e) SUNSET.—Subsection (a) shall cease to apply at 1 the end of the public health emergency declared for 2 COVID–19 under section 319 of the Public Health Service 3 Act (42 U.S.C. 247d), including renewals thereof. 4 Æ VerDate Sep 11 2014 20:13 Feb 07, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H387.IH H387 pbinns on DSKJLVW7X2PROD with BILLS