Mobilize AMERICA Act

II 116TH CONGRESS 2D SESSION S. 4952 To establish a grant program to expand the domestic production of certain medical supplies. IN THE SENATE OF THE UNITED STATES DECEMBER 2, 2020 Ms. ERNST introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish a grant program to expand the domestic production of certain medical supplies. 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 ‘‘Mobilize America to 4 Manufacture Equipment Required for Independence from 5 Communist Adversaries Act’’ or the ‘‘Mobilize AMERICA 6 Act’’. 7 VerDate Sep 11 2014 06:21 Dec 09, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4952.IS S4952 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 4952 IS SEC. 2. EXPANDING THE DOMESTIC PRODUCTION OF MED- 1 ICAL SUPPLIES. 2 Title III of the Public Health Service Act is amended 3 by inserting after section 319F–4 (42 U.S.C. 247d–6e) 4 the following: 5 ‘‘SEC. 319F–5. EXPANDING THE DOMESTIC PRODUCTION OF 6 MEDICAL SUPPLIES. 7 ‘‘(a) IN GENERAL.—The Secretary, in consultation 8 with the Secretary of Defense, shall award grants to drug, 9 biological product (including vaccines), device (including 10 respiratory protective devices), and other medical supply 11 manufacturers for the purpose of incentivizing such manu- 12 facturers to manufacture such products domestically using 13 advanced manufacturing, and to ensure that the Nation 14 is able to retain or acquire necessary supplies to address 15 critical public health needs, including countermeasures re- 16 quired during a pandemic or other public health emer- 17 gency. 18 ‘‘(b) ELIGIBLE PRODUCTS.—The Secretary, in con- 19 sultation with the Secretary of Defense, shall compile and 20 update a list of drugs, biological products (including vac- 21 cines), devices (including respiratory protective devices), 22 and other medical supplies that are, or may become, crit- 23 ical supplies in the event of a pandemic or public health 24 emergency. 25 VerDate Sep 11 2014 06:21 Dec 09, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4952.IS S4952 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 4952 IS ‘‘(c) ELIGIBILITY.—To be eligible for a grant under 1 this section, a manufacturer shall submit an application 2 to the Secretary at such time, in such manner, and con- 3 taining such information as the Secretary may require, in- 4 cluding the applicant’s plan for the advanced manufac- 5 turing, domestically, of a product on the list under sub- 6 section (b). 7 ‘‘(d) GRANT AWARDS.—A grant awarded under this 8 section— 9 ‘‘(1) shall be used for the capital costs associ- 10 ated with the installation of countermeasure manu- 11 facturing equipment (including both final finished 12 products and the related critical components re- 13 quired for these products), including the building 14 and assembly of manufacturing equipment, modifica- 15 tions to existing facilities to accommodate such 16 equipment, or expansion of existing facilities to ac- 17 commodate such equipment, in accordance with the 18 advanced manufacturing plan set forth in the appli- 19 cation under subsection (c); and 20 ‘‘(2) shall be in amount not to exceed the 21 amount sufficient to cover up to 50 percent of the 22 costs described in paragraph (1). 23 ‘‘(e) WAIVER OF CERTAIN REQUIREMENTS.—The re- 24 quirements of section 75.323 of title 45, Code of Federal 25 VerDate Sep 11 2014 06:21 Dec 09, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4952.IS S4952 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 4952 IS Regulations (or any successor regulations) shall not apply 1 with respect to a grant awarded under this section. 2 ‘‘(f) ONGOING MONITORING.—The Secretary, in co- 3 ordination with the Secretary of Defense, shall establish 4 and implement procedures for the ongoing monitoring of 5 the program under this section to ensure that such pro- 6 gram works toward the goal of expanding domestic pro- 7 duction of drugs, biological products (including vaccines), 8 devices (including respiratory protective devices), and 9 other medical supplies. 10 ‘‘(g) REPORTING.—Not later than 180 days after the 11 date of the enactment of the Mobilize America to Manu- 12 facture Equipment Required for Independence from Com- 13 munist Adversaries Act and annually thereafter, the Sec- 14 retary, in coordination with the Secretary of Defense, shall 15 submit to Congress a report on the program under this 16 section. Each such report shall include certification that 17 all funds appropriated for the purpose of carrying out this 18 section are used solely for such purpose. 19 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—To 20 carry out this section, there are authorized to be appro- 21 priated $250,000,000 for each of fiscal years 2021 22 through 2025.’’. 23 Æ VerDate Sep 11 2014 06:21 Dec 09, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S4952.IS S4952 pbinns on DSKJLVW7X2PROD with BILLS