Medical Supply Chain Emergency Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 6390 To require the President to use authorities under the Defense Production Act of 1950 to require emergency production of medical equipment to address the COVID-19 outbreak. IN THE HOUSE OF REPRESENTATIVES MARCH 25, 2020 Mr. RYAN (for himself, Ms. SLOTKIN, Mr. KATKO, Mr. SCHNEIDER, Mrs. TORRES of California, Mr. ROSE of New York, Mr. RUPPERSBERGER, Mr. DAVID SCOTT of Georgia, Mr. RUSH, Mr. LUJA´N, Mr. SOTO, Mr. MALINOWSKI, Mr. MICHAEL F. DOYLE of Pennsylvania, Mr. HIMES, Mr. KHANNA, Ms. PRESSLEY, Mr. LAMB, Mrs. TRAHAN, Mr. BROWN of Maryland, Ms. PINGREE, Mr. PHILLIPS, Mr. GARCI´A of Illinois, Mr. PAYNE, Mr. GALLEGO, Ms. KAPTUR, Ms. FUDGE, Mr. LYNCH, Ms. LEE of California, Ms. SPEIER, Mr. RASKIN, Mr. CISNEROS, Ms. BARRAGA´N, Mr. KILDEE, Ms. STEVENS, Ms. HOULAHAN, Ms. WEXTON, Mr. ALLRED, Ms. SHERRILL, Ms. ESHOO, Mr. DEFAZIO, Ms. GABBARD, Ms. SPANBERGER, Mr. COURTNEY, Mr. LOEBSACK, Mr. GOTTHEIMER, Mr. SCHIFF, Mr. HASTINGS, Mrs. WATSON COLEMAN, Miss RICE of New York, Mr. NORCROSS, Mr. KILMER, Ms. CRAIG, Mr. THOMPSON of Mis- sissippi, Ms. BONAMICI, Ms. SCANLON, Ms. NORTON, Mr. BEYER, Ms. KUSTER of New Hampshire, Mr. LARSON of Connecticut, Mr. YARMUTH, Ms. ESCOBAR, Mr. SIRES, Mr. PERLMUTTER, Mr. KIM, Mr. BALDERSON, and Mr. NEGUSE) introduced the following bill; which was referred to the Committee on Financial Services A BILL To require the President to use authorities under the Defense Production Act of 1950 to require emergency production of medical equipment to address the COVID-19 out- break. VerDate Sep 11 2014 22:49 Apr 15, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H6390.IH H6390 jbell on DSKJLSW7X2PROD with BILLS 2 •HR 6390 IH 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 Supply Chain 4 Emergency Act of 2020’’. 5 SEC. 2. EMERGENCY PRODUCTION OF MEDICAL EQUIP- 6 MENT TO ADDRESS COVID-19 OUTBREAK. 7 (a) IN GENERAL.—Immediately upon the enactment 8 of this Act, the President shall— 9 (1) determine under section 101(b) of the De- 10 fense Production Act of 1950 (50 U.S.C. 4511(b)) 11 that— 12 (A) medical equipment described in para- 13 graph (3)(A) is scarce and a critical material 14 essential to the national defense; and 15 (B) the requirements of the national de- 16 fense for such equipment cannot be met without 17 exercising the authorities provided by the De- 18 fense Production Act of 1950 (50 U.S.C. 4501 19 et seq.); 20 (2) identify private sector capacity to produce 21 such equipment; and 22 (3) exercise the authorities provided by the De- 23 fense Production Act of 1950 to the extent nec- 24 essary— 25 VerDate Sep 11 2014 23:24 Apr 09, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6390.IH H6390 jbell on DSKJLSW7X2PROD with BILLS 3 •HR 6390 IH (A) to require emergency production of— 1 (i) not less than— 2 (I) 500,000,000 N95 respirators; 3 (II) 200,000 medical ventilators; 4 (III) 20,000,000 face shields; 5 (IV) 500,000,000 pairs of med- 6 ical exam gloves; and 7 (V) 20,000,000 surgical gowns; 8 and 9 (ii) such other medical equipment as 10 the President determines to be necessary 11 to address the coronavirus disease 2019 12 (commonly known as ‘‘COVID-19’’) out- 13 break; and 14 (B) to establish a fair and reasonable price 15 for the sale of medical equipment produced pur- 16 suant to subparagraph (A). 17 (b) COORDINATION.—The President shall coordinate 18 and direct the allocation of medical equipment produced 19 under subsection (a) based on requests from the Gov- 20 ernors of the States and the needs of the States, as deter- 21 mined based on— 22 (1) the number of cases of COVID-19 in a 23 State; and 24 VerDate Sep 11 2014 23:24 Apr 09, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6390.IH H6390 jbell on DSKJLSW7X2PROD with BILLS 4 •HR 6390 IH (2) the proportion of the population in a State 1 with a higher risk of developing a serious illness 2 from COVID-19. 3 (c) FUNDING.—Amounts available in the Defense 4 Production Act Fund under section 304 of the Defense 5 Production Act of 1950 (50 U.S.C. 4534) shall be avail- 6 able to carry out this section. 7 (d) TERMINATION.— 8 (1) IN GENERAL.—This section, and authorities 9 carried out pursuant to this section, shall terminate 10 on the date on which the national emergency de- 11 clared under the National Emergencies Act (50 12 U.S.C. 1601 et seq.) on March 13, 2020, relating to 13 the COVID-19 outbreak, terminates. 14 (2) DISPOSITION OF UNUSED MEDICAL EQUIP- 15 MENT.—Any medical equipment produced pursuant 16 to subsection (a) using amounts from the Defense 17 Production Act Fund and unused as of the date de- 18 scribed in paragraph (1) shall be deposited in the 19 Strategic National Stockpile. 20 Æ VerDate Sep 11 2014 23:24 Apr 09, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H6390.IH H6390 jbell on DSKJLSW7X2PROD with BILLS