Commission on America’s Medical Security Act

I 116TH CONGRESS 2D SESSION H. R. 6282 To establish a commission to assess, evaluate, and address the dependence of the United States on medications, devices, and medical equipment from foreign countries. IN THE HOUSE OF REPRESENTATIVES MARCH 13, 2020 Mr. RUIZ (for himself, Ms. UNDERWOOD, and Mr. DAVID P. ROE of Ten- nessee) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To establish a commission to assess, evaluate, and address the dependence of the United States on medications, devices, and medical equipment from foreign countries. 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 ‘‘Commission on Amer- 4 ica’s Medical Security Act’’. 5 SEC. 2. NATIONAL ACADEMIES REPORT ON AMERICA’S 6 MEDICAL SUPPLY SECURITY. 7 (a) IN GENERAL.—Not later than 60 days after the 8 date of enactment of this Act, the Secretary of Health and 9 VerDate Sep 11 2014 01:19 Mar 28, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6282.IH H6282 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 6282 IH Human Services shall enter into an agreement with the 1 National Academies of Sciences, Engineering, and Medi- 2 cine (referred to in this section as the ‘‘National Acad- 3 emies’’) to examine, and, in a manner that does not com- 4 promise national security, report on, the security of the 5 United States medical product supply chain. 6 (b) PURPOSES.—The report developed under this sec- 7 tion shall— 8 (1) assess and evaluate the dependence of the 9 United States, including the private commercial sec- 10 tor, States, and the Federal Government, on critical 11 drugs and devices that are sourced or manufactured 12 outside of the United States, which may include an 13 analysis of— 14 (A) the supply chain of critical drugs and 15 devices of greatest priority to providing health 16 care; 17 (B) any potential public health security or 18 national security risks associated with reliance 19 on critical drugs and devices sourced or manu- 20 factured outside of the United States, which 21 may include previous or existing shortages and 22 public health emergencies, such as infectious 23 disease outbreaks, bioterror attacks, and other 24 public health threats; 25 VerDate Sep 11 2014 01:19 Mar 28, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6282.IH H6282 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 6282 IH (C) any existing supply chain information 1 gaps, as applicable; and 2 (D) potential economic impact of increased 3 domestic manufacturing; and 4 (2) provide recommendations, which may in- 5 clude a plan to improve the resiliency of the supply 6 chain for critical drugs and devices as described in 7 paragraph (1), and to address any supply 8 vulnerabilities or potential disruptions of such prod- 9 ucts that would significantly affect or pose a threat 10 to public health security or national security, as ap- 11 propriate, which may include strategies to— 12 (A) promote supply chain redundancy and 13 contingency planning; 14 (B) encourage domestic manufacturing, in- 15 cluding consideration of economic impacts, if 16 any; 17 (C) improve supply chain information 18 gaps; 19 (D) improve planning considerations for 20 medical product supply chain capacity during 21 public health emergencies; and 22 (E) promote the accessibility of such drugs 23 and devices. 24 VerDate Sep 11 2014 01:19 Mar 28, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6282.IH H6282 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 6282 IH (c) INPUT.—In conducting the study and developing 1 the report under subsection (b), the National Academies 2 shall— 3 (1) consider input from the Department of 4 Health and Human Services, the Department of 5 Homeland Security, the Department of Defense, the 6 Department of Commerce, the Department of State, 7 the Department of Veterans Affairs, the Department 8 of Justice, and any other Federal agencies as appro- 9 priate; and 10 (2) consult with relevant stakeholders, which 11 may include conducting public meetings and other 12 forms of engagement, as appropriate, with health 13 care providers, medical professional societies, State- 14 based societies, public health experts, State and local 15 public health departments, State medical boards, pa- 16 tient groups, medical product manufacturers, health 17 care distributors, wholesalers and group purchasing 18 organizations, pharmacists, and other entities with 19 experience in health care and public health, as ap- 20 propriate. 21 (d) DEFINITIONS.—In this section, the terms ‘‘de- 22 vice’’ and ‘‘drug’’ have the meanings given such terms in 23 VerDate Sep 11 2014 01:19 Mar 28, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6282.IH H6282 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 6282 IH section 201 of the Federal Food, Drug, and Cosmetic Act 1 (21 U.S.C. 321). 2 Æ VerDate Sep 11 2014 01:19 Mar 28, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H6282.IH H6282 pamtmann on DSKBC07HB2PROD with BILLS