Emergency Medical Manufacturing Library Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 6880 To direct the Administrator of the Federal Emergency Management Agency to coordinate the development of plans, designs, and guidance relating to the production, in accordance with other applicable law, of certain homeland security-critical supplies to address potential national emer- gencies and disasters, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 14, 2020 Ms. SLOTKIN (for herself and Mr. VAN DREW) introduced the following bill; which was referred to the Committee on Transportation and Infrastruc- ture, and in addition to the Committee on Homeland Security, for a pe- riod to be subsequently determined by the Speaker, in each case for con- sideration of such provisions as fall within the jurisdiction of the com- mittee concerned A BILL To direct the Administrator of the Federal Emergency Man- agement Agency to coordinate the development of plans, designs, and guidance relating to the production, in ac- cordance with other applicable law, of certain homeland security-critical supplies to address potential national emergencies and disasters, 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 VerDate Sep 11 2014 16:08 Jun 05, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6880.IH H6880 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 6880 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Emergency Medical 2 Manufacturing Library Act of 2020’’. 3 SEC. 2. DEVELOPING CRISIS CAPABILITIES TO MEET 4 NEEDS FOR HOMELAND SECURITY-CRITICAL 5 SUPPLIES. 6 (a) IN GENERAL.—The Administrator of the Federal 7 Emergency Management Agency shall coordinate with the 8 Secretary of Health and Human Services, the Adminis- 9 trator of the Environmental Protection Agency, and the 10 heads of other relevant Federal departments and agen- 11 cies— 12 (1) to identify categories of homeland security- 13 critical supplies that would be needed to address po- 14 tential national emergencies or disasters, including 15 any such public health emergency, terrorist incident, 16 armed attack, or cyber attack; 17 (2) to develop plans, designs, and guidance re- 18 lating to the production, in accordance with other 19 applicable law, of the categories of homeland secu- 20 rity-critical supplies identified pursuant to para- 21 graph (1) to address the respective national emer- 22 gencies and disasters, including such production by 23 nontraditional manufacturers; and 24 (3) based on such final plans, designs, and 25 guidance, to enter into such contingent arrange- 26 VerDate Sep 11 2014 16:08 Jun 05, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6880.IH H6880 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 6880 IH ments with governmental and private entities, in ac- 1 cordance with other applicable law, as may be nec- 2 essary to expedite the production of homeland secu- 3 rity-critical supplies in the event of a national emer- 4 gency or disaster. 5 (b) PROCESS.—In coordinating the development or 6 revision of a plan, design, or guidance with respect to any 7 homeland security-critical supply under this section: 8 (1) The Administrator shall give each Federal 9 department or agency with responsibility for regu- 10 lating the supply an opportunity— 11 (A) to contribute to the development or re- 12 vision of the plan, design, or guidance; and 13 (B) to approve or disapprove the plan, de- 14 sign, or guidance under regulations appropriate 15 to approving the supply for emergency or dis- 16 aster use. 17 (2) If a Federal department or agency with re- 18 sponsibility for regulating the homeland security- 19 critical supply disapproves of the plan, design, or 20 guidance with respect to the supply, the head of the 21 disapproving department or agency shall provide to 22 the Administrator the rationale for the disapproval. 23 (3) The Administrator may— 24 VerDate Sep 11 2014 16:08 Jun 05, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6880.IH H6880 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 6880 IH (A) if no Federal department or agency 1 disapproves a plan, design, or guidance as de- 2 scribed in paragraphs (1)(B) and (2), finalize 3 the plan, design, or guidance for purposes of 4 subsections (a)(3) and (c); and 5 (B) if a Federal department or agency 6 does disapprove a plan, design, or guidance as 7 described in paragraphs (1)(B) and (2), provide 8 an updated plan, design, or guidance for review 9 and approval or disapproval in accordance with 10 paragraphs (1) and (2). 11 (c) PUBLIC POSTING.—The Administrator shall pub- 12 lish each final plan, design, or guidance that is developed 13 under this section on a public website, except that the Ad- 14 ministrator may withhold publication of, or redact infor- 15 mation from the publication of, a plan, design, or guidance 16 if— 17 (1) publicly posting the information would not 18 be in the interest of homeland security; 19 (2) the information is protected from public dis- 20 closure by other applicable law; or 21 (3) the information is protected from public dis- 22 closure by contract. 23 (d) RELATION TO OTHER LAW.—Nothing in this sec- 24 tion shall be construed to expand, repeal, limit, or other- 25 VerDate Sep 11 2014 16:08 Jun 05, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6880.IH H6880 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 6880 IH wise affect the provisions of other applicable law per- 1 taining to the regulation of a homeland security-critical 2 supply. 3 (e) BIENNIAL REVIEW.—Not less than every two 4 years, in accordance with subsections (a) through (e), the 5 Administrator shall coordinate the review and, as needed, 6 revision of each plan, design, and guidance in effect under 7 this section. 8 (f) DEFINITION.—In this section: 9 (1) Except as otherwise specified, the term 10 ‘‘Administrator’’ means the Administrator of the 11 Federal Emergency Management Agency. 12 (2) The term ‘‘homeland security-critical sup- 13 ply’’— 14 (A) means any supply needed to ensure 15 public safety and welfare during— 16 (i) a national emergency or disaster, 17 including any such public health emer- 18 gency, terrorist incident, armed attack, or 19 cyber attack; or 20 (ii) any other reasonably foreseeable 21 contingency of grave consequence to the 22 United States during which shortages are 23 reasonably anticipated; and 24 VerDate Sep 11 2014 16:08 Jun 05, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6880.IH H6880 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 6880 IH (B) includes a vaccine, a medication, med- 1 ical equipment, and personal protective equip- 2 ment. 3 (3) The term ‘‘nontraditional manufacturer’’ 4 may include (as determined by the Administrator)— 5 (A) a home craftsperson; 6 (B) a distiller; 7 (C) a cosmetic manufacturer; 8 (D) a manufacturing facility primarily de- 9 signed for an industry other than manufac- 10 turing homeland security-critical supplies; 11 (E) an institution of higher education; 12 (F) an advanced manufacturing facility; 13 (G) a machine shop; and 14 (H) a research laboratory. 15 (g) AUTHORIZATION OF APPROPRIATIONS.—To carry 16 out this section, there is authorized to be appropriated 17 $10,000,000 for each of fiscal years 2020 through 2024. 18 Æ VerDate Sep 11 2014 16:08 Jun 05, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H6880.IH H6880 pamtmann on DSKBC07HB2PROD with BILLS