Medical Supplies for Pandemics Act of 2020

II 116TH CONGRESS 2D SESSION S. 3827 To amend the Public Health Service Act to authorize the use of the Strategic National Stockpile to enhance medical supply chain elasticity and estab- lish and maintain domestic reserves of critical medical supplies, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 21, 2020 Mr. TILLIS (for himself, Mr. BENNET, and Mrs. HYDE-SMITH) 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 med- ical 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 2020’’. 5 VerDate Sep 11 2014 04:38 Jun 13, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3827.IS S3827 kjohnson on DSK79L0C42PROD with BILLS 2 •S 3827 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 medical supply chain elas- 12 ticity and establish and maintain domestic re- 13 serves of critical medical supplies (including 14 personal protective equipment, ancillary medical 15 supplies, and other applicable supplies required 16 for the administration of drugs, vaccines and 17 other biological products, medical devices, and 18 diagnostic tests) by— 19 ‘‘(i) creating incentives for manufac- 20 turers 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 04:38 Jun 13, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3827.IS S3827 kjohnson on DSK79L0C42PROD with BILLS 3 •S 3827 IS ‘‘(ii) purchasing, leasing, or entering 1 into joint ventures with respect to, facili- 2 ties and equipment for the production of 3 medical supplies; and 4 ‘‘(iii) working with distributors of 5 medical supplies to manage the domestic 6 reserves established under this subpara- 7 graph by refreshing and replenishing stock 8 of critical medical supplies.’’. 9 (b) REPORTING; SUNSET.—Section 319F–2(a) of the 10 Public Health Service Act (42 U.S.C. 247d–6b(f)) is 11 amended by adding at the end the following: 12 ‘‘(6) REPORTING.—Not later than September 13 30, 2022, the Secretary shall submit to the Com- 14 mittee on Energy and Commerce of the House of 15 Representatives and the Committee on Health, Edu- 16 cation, Labor, and Pensions of the Senate a report 17 on the details of each purchase, lease, or joint ven- 18 ture entered into under paragraph (3)(K), including 19 the amount expended by the Secretary on each such 20 purchase, lease, or joint venture. 21 ‘‘(7) SUNSET.—The authority to make pur- 22 chases, leases, or joint ventures pursuant to para- 23 graph (3)(K) shall cease to be effective on Sep- 24 tember 30, 2023.’’. 25 VerDate Sep 11 2014 04:38 Jun 13, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3827.IS S3827 kjohnson on DSK79L0C42PROD with BILLS 4 •S 3827 IS (c) FUNDING.—Section 319F–2(f) of the Public 1 Health Service Act (42 U.S.C. 247d–6b(f)) is amended by 2 adding at the end the following: 3 ‘‘(3) SUPPLY CHAIN ELASTICITY.— 4 ‘‘(A) IN GENERAL.—For the purpose of 5 carrying out subsection (a)(3)(K), there is au- 6 thorized to be appropriated $500,000,000 for 7 each of fiscal years 2020 through 2023, to re- 8 main available until expended. 9 ‘‘(B) RELATION TO OTHER AMOUNTS.— 10 The amount authorized to be appropriated by 11 subparagraph (A) for the purpose of carrying 12 out subsection (a)(3)(K) is in addition to any 13 other amounts available for such purpose.’’. 14 Æ VerDate Sep 11 2014 04:38 Jun 13, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S3827.IS S3827 kjohnson on DSK79L0C42PROD with BILLS