PPE Act of 2020

To amend the Public Health Service Act to provide for maintaining adequate supplies in Strategic National Stockpile, and for other purposes. 1. Short title This Act may be cited as the Providing Protective Equipment Act of 2020 PPE Act of 2020 2. Maintaining adequate supplies in Strategic National Stockpile (a) In general Section 319F–2(a)(3) of the Public Health Service Act (42 U.S.C. 247d–6b(a)(3)) is amended— (1) in subparagraph (I), by striking and (2) in subparagraph (J), by striking the period at the end and inserting ; and (3) by adding at the end the following: (K) in consultation with the working group under section 319F(a) and the Public Health Emergency Medical Countermeasures Enterprise established under section 2811–1, annually determine the minimum level of relevant supplies that must be maintained in the national stockpile at all times, especially in case of a significant pandemic. . (b) Determination Section 319F–2(a) of the Public Health Service Act (42 U.S.C. 247d–6b(a)) is amended by adding at the end the following: (6) Supply adequacy (A) Budget submission Not later than February 1 of each year, the Secretary shall include in the annual budget submission for the Department, and submit to the Congress, the Secretary’s request with respect to expenditures necessary to maintain the minimum level of relevant supplies in the stockpile, as determined under subsection (a)(3)(K). (B) Defense Production Act If the Secretary cannot maintain such minimum level due to other issues, including production issues, the Secretary shall request that the President use the authority provided under title I or III of the Defense Production Act of 1950 to attain and maintain that minimum level. . (c) Reimbursable transfers from Strategic National Stockpile Section 319F–2(a) of the Public Health Service Act (42 U.S.C. 247d–6b(a)), as amended by subsection (b), is further amended by adding at the end the following: (7) Transfers and reimbursements Without regard to chapter 5 . (d) Removal of limitation on the Defense Production Act Fund Section 304 of the Defense Production Act of 1950 ( 50 U.S.C. 4534 (1) by striking subsection (e); and (2) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively.

Summary: Providing Protective Equipment Act of 2020 or the PPE Act of 2020 This bill modifies requirements concerning the Strategic National Stockpile and makes changes to the treatment of funds related to the Defense Production Act of 1950. (That act confers upon the President a broad set of authorities to influence domestic industry in order to provide essential materials and goods needed for the national defense.) The Department of Health and Human Services (HHS), in consultation with specified entities, must annually determine the minimum level of relevant supplies to be maintained in the stockpile and include the expenditures necessary to maintain that level in its budget submission to Congress. If the minimum level of supplies cannot be maintained due to production or other issues, HHS shall request that the President use appropriate authorities under the Defense Production Act of 1950. The bill also (1) permits HHS to transfer supplies from the stockpile to any federal department or agency on a reimbursable basis, subject to certain limitations; and (2) eliminates the cap on the amount of funds that may remain available at the close of a fiscal year to carry out activities related to the supply or production of essential materials and goods. (Under current law, funds in excess of $750 million revert to the general fund).