Medical Supplies for Pandemics Act of 2021

II 117TH CONGRESS 1ST SESSION S. 1693 To amend the Public Health Service Act to authorize the use of the Strategic National Stockpile to enhance domestic medical supply chain elasticity and establish and maintain domestic reserves of critical medical supplies, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 19, 2021 Mr. BENNET (for himself and Mr. TILLIS) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to authorize the use of the Strategic National Stockpile to enhance do- mestic medical supply chain elasticity and establish and maintain domestic reserves of critical medical supplies, 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 ‘‘Medical Supplies for 4 Pandemics Act of 2021’’. 5 VerDate Sep 11 2014 02:24 May 28, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1693.IS S1693 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1693 IS SEC. 2. SUPPLY CHAIN FLEXIBILITY MANUFACTURING 1 PILOT. 2 (a) IN GENERAL.—Section 319F–2(a)(3) of the Pub- 3 lic Health Service Act (42 U.S.C. 247d–6b(a)(3)) is 4 amended— 5 (1) in subparagraph (I), by striking ‘‘and’’ at 6 the end; 7 (2) in subparagraph (J), by striking the period 8 at the end and inserting ‘‘; and’’; and 9 (3) by adding at the end the following new sub- 10 paragraph: 11 ‘‘(K) enhance domestic medical supply 12 chain elasticity and establish and maintain do- 13 mestic reserves of critical medical supplies (in- 14 cluding personal protective equipment, ancillary 15 medical supplies, testing supplies, and other ap- 16 plicable supplies required for the administration 17 of drugs, vaccines and other biological products, 18 medical devices, and diagnostic tests) by— 19 ‘‘(i) creating incentives for the domes- 20 tic manufacturing of medical supplies— 21 ‘‘(I) to increase emergency stock 22 of critical medical supplies; and 23 ‘‘(II) to geographically diversify 24 production of such supplies; 25 VerDate Sep 11 2014 02:24 May 28, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1693.IS S1693 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1693 IS ‘‘(ii) purchasing, leasing, or entering 1 into joint industrial-based expansion ven- 2 tures with respect to, facilities and equip- 3 ment for the production of medical sup- 4 plies; and 5 ‘‘(iii) working with distributors of 6 medical supplies to manage the domestic 7 reserves established under this subpara- 8 graph by refreshing and replenishing stock 9 of critical medical supplies.’’. 10 (b) REPORTING; SUNSET.—Section 319F–2(a) of the 11 Public Health Service Act (42 U.S.C. 247d–6b(a)) is 12 amended by adding at the end the following: 13 ‘‘(6) REPORTING.—Not later than September 14 30, 2022, the Secretary shall submit to the Com- 15 mittee on Energy and Commerce of the House of 16 Representatives and the Committee on Health, Edu- 17 cation, Labor, and Pensions of the Senate a report 18 on the details of each purchase, lease, or joint indus- 19 trial-based expansion venture entered into under 20 paragraph (3)(K), including the amount expended 21 by the Secretary on each such purchase, lease, or 22 joint venture. 23 ‘‘(7) SUNSET.—The authority to make pur- 24 chases, leases, or joint ventures pursuant to para- 25 VerDate Sep 11 2014 02:24 May 28, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1693.IS S1693 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1693 IS graph (3)(K) shall cease to be effective on Sep- 1 tember 30, 2024.’’. 2 (c) FUNDING.—Section 319F–2(f) of the Public 3 Health Service Act (42 U.S.C. 247d–6b(f)) is amended by 4 adding at the end the following: 5 ‘‘(3) SUPPLY CHAIN ELASTICITY.— 6 ‘‘(A) IN GENERAL.—For the purpose of 7 carrying out subsection (a)(3)(K), there is au- 8 thorized to be appropriated $500,000,000 for 9 each of fiscal years 2021 through 2024, to re- 10 main available until expended. 11 ‘‘(B) RELATION TO OTHER AMOUNTS.— 12 The amount authorized to be appropriated by 13 subparagraph (A) for the purpose of carrying 14 out subsection (a)(3)(K) is in addition to any 15 other amounts available for such purpose.’’. 16 Æ VerDate Sep 11 2014 02:24 May 28, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S1693.IS S1693 kjohnson on DSK79L0C42PROD with BILLS