I 
117TH CONGRESS 
1ST SESSION H. R. 3635 
To amend the Public Health Service Act with respect to the Strategic 
National Stockpile, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 28, 2021 
Ms. SLOTKIN (for herself, Mr. HUDSON, Ms. SCHRIER, Mr. MCKINLEY, Ms. 
DEGETTE, Mr. CARTER of Georgia, Mr. BUTTERFIELD, Mrs. WALORSKI, 
Mr. NEGUSE, Mr. UPTON, Mr. MALINOWSKI, Mr. BURGESS, Mrs. DIN-
GELL, Mr. VAN DREW, Mr. SOTO, and Mr. FITZPATRICK) introduced the 
following bill; which was referred to the Committee on Energy and Com-
merce 
A BILL 
To amend the Public Health Service Act with respect to 
the Strategic National Stockpile, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Strengthening America’s Strategic National Stockpile 
Act of 2021’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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Sec. 1. Short title; table of contents. 
Sec. 2. Reimbursable transfers. 
Sec. 3. Equipment maintenance. 
Sec. 4. Supply chain flexibility manufacturing pilot. 
Sec. 5. GAO study on the feasibility and benefits of a user fee agreement. 
Sec. 6. Grants for State strategic stockpiles. 
Sec. 7. Action reporting. 
Sec. 8. Improved, transparent processes. 
Sec. 9. Authorization of appropriations. 
SEC. 2. REIMBURSABLE TRANSFERS. 
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) TRANSFERS AND REIMBURSEMENTS.— 
‘‘(A) IN
GENERAL.—Without regard to 
chapter 5 of title 40, United States Code, the 
Secretary may transfer to any Federal depart-
ment or agency, on a reimbursable basis, any 
drugs, vaccines and other biological products, 
medical devices, and other supplies in the stock-
pile if— 
‘‘(i) the transferred supplies are less 
than one year from expiry; 
‘‘(ii) the stockpile is able to replenish 
the supplies, as appropriate; and 
‘‘(iii) the Secretary decides the trans-
fer is in the best interest of the United 
States Government. 
‘‘(B) USE
OF
REIMBURSEMENT.—Reim-
bursement derived from the transfer of supplies 
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pursuant to subparagraph (A) may, to the ex-
tent and in the amounts made available in ad-
vance in appropriations Acts, be used by the 
Secretary to carry out this section. Funds made 
available pursuant to the preceding sentence are 
in addition to any other funds that may be 
made available for such purpose. 
‘‘(C) 
RULE
OF
CONSTRUCTION.—This 
paragraph shall not be construed to preclude 
transfers of products in the stockpile under 
other authorities. 
‘‘(D) REPORT.—Not later than September 
30, 2023, the Secretary shall submit to the 
Committee on Energy and Commerce of the 
House of Representatives and the Committee 
on Health, Education, Labor, and Pensions of 
the Senate a report on each transfer made 
under this paragraph and the amount received 
by the Secretary in exchange for that transfer. 
‘‘(E) SUNSET.—The authority to make 
transfers under this paragraph shall cease to be 
effective on September 30, 2024.’’. 
SEC. 3. EQUIPMENT MAINTENANCE. 
Section 319F–2 of the Public Health Service Act (42 
U.S.C. 247d–6b) is amended— 
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(1) in subsection (a)(3)— 
(A) in subparagraph (I), by striking ‘‘; 
and’’ and inserting a semicolon; 
(B) in subparagraph (J), by striking the 
period at the end and inserting a semicolon; 
and 
(C) by inserting the following new subpara-
graph at the end: 
‘‘(K) ensure contents of the stockpile re-
main in good working order and, as appro-
priate, conduct maintenance services on con-
tents of the stockpile; and’’; and 
(2) in subsection (c)(7)(B), by adding at the 
end the following new clause: 
‘‘(ix) 
EQUIPMENT
MAINTENANCE 
SERVICE.—In carrying out this section, the 
Secretary may enter into contracts for the 
procurement of equipment maintenance 
services.’’. 
SEC. 4. SUPPLY CHAIN FLEXIBILITY MANUFACTURING 
PILOT. 
(a) IN GENERAL.—Section 319F–2(a)(3) of the Pub-
lic Health Service Act (42 U.S.C. 247d–6b(a)(3)), as 
amended by section 3, is further amended by adding at 
the end the following new subparagraph: 
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‘‘(L) enhance medical supply chain elas-
ticity and establish and maintain domestic re-
serves of critical medical supplies (including 
personal protective equipment, ancillary medical 
supplies, and other applicable supplies required 
for the administration of drugs, vaccines and 
other biological products, and other medical de-
vices (including diagnostic tests)) by— 
‘‘(i) increasing emergency stock of 
critical medical supplies; 
‘‘(ii) geographically diversifying do-
mestic production of such medical supplies, 
as appropriate; 
‘‘(iii) entering into cooperative agree-
ments or partnerships with respect to man-
ufacturing lines, facilities, and equipment 
for the domestic production of such med-
ical supplies; and 
‘‘(iv) managing, either directly or 
through cooperative agreements with man-
ufacturers and distributors, domestic re-
serves established under this subparagraph 
by refreshing and replenishing stock of 
such medical supplies.’’. 
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(b) REPORTING; SUNSET.—Section 319F–2(a) of the 
Public Health Service Act (42 U.S.C. 247d–6b(a)), as 
amended by section 2, is further amended by adding at 
the end the following: 
‘‘(7) REPORTING.—Not later than September 
30, 2023, the Secretary shall submit to the Com-
mittee on Energy and Commerce of the House of 
Representatives and the Committee on Health, Edu-
cation, Labor and Pensions of the Senate a report 
on the details of each cooperative agreement or part-
nership entered into under paragraph (3)(L), includ-
ing the amount expended by the Secretary on each 
such cooperative agreement or partnership. 
‘‘(8) SUNSET.—The authority to enter into co-
operative agreements or partnerships pursuant to 
paragraph (3)(L) shall cease to be effective on Sep-
tember 30, 2024.’’. 
(c) FUNDING.—Section 319F–2(f) of the Public 
Health Service Act (42 U.S.C. 247d–6b(f)) is amended by 
adding at the end the following: 
‘‘(3) SUPPLY CHAIN ELASTICITY.— 
‘‘(A) IN
GENERAL.—For the purpose of 
carrying out subsection (a)(3)(L), there is au-
thorized to be appropriated $500,000,000 for 
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each of fiscal years 2022 through 2024, to re-
main available until expended. 
‘‘(B) RELATION
TO
OTHER
AMOUNTS.— 
The amount authorized to be appropriated by 
subparagraph (A) for the purpose of carrying 
out subsection (a)(3)(L) is in addition to any 
other amounts available for such purpose.’’. 
SEC. 5. GAO STUDY ON THE FEASIBILITY AND BENEFITS OF 
A USER FEE AGREEMENT. 
(a) IN GENERAL.—The Comptroller General of the 
United States shall conduct a study to investigate the fea-
sibility of establishing user fees to offset certain Federal 
costs attributable to the procurement of single-source ma-
terials for the Strategic National Stockpile under section 
319F–2 of the Public Health Service Act (42 U.S.C. 
247d–6b) and distributions of such materials from the 
Stockpile. In conducting this study, the Comptroller Gen-
eral shall consider, to the extent information is available— 
(1) whether entities receiving such distributions 
generate profits from those distributions; 
(2) any Federal costs attributable to such dis-
tributions; 
(3) whether such user fees would provide the 
Secretary with funding to potentially offset procure-
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ment costs of such materials for the Strategic Na-
tional Stockpile; and 
(4) any other issues the Comptroller General 
identifies as relevant. 
(b) REPORT.—Not later than February 1, 2024, the 
Comptroller General of the United States shall submit to 
the Congress a report on the findings and conclusions of 
the study under subsection (a). 
SEC. 6. GRANTS FOR STATE STRATEGIC STOCKPILES. 
Title III of the Public Health Service Act is amended 
by inserting after section 319F–4 of such Act (42 U.S.C. 
247d–6e) the following new section: 
‘‘SEC. 319F–5. GRANTS FOR STATE STRATEGIC STOCKPILES. 
‘‘(a) IN GENERAL.—The Secretary may establish a 
pilot program consisting of awarding grants to States to 
expand or maintain a strategic stockpile of commercially 
available drugs, devices, personal protective equipment, 
and other products deemed by the State to be essential 
in the event of a public health emergency. 
‘‘(b) ALLOWABLE USE OF FUNDS.— 
‘‘(1) USES.—A State receiving a grant under 
this section may use the grant funds to— 
‘‘(A) acquire commercially available prod-
ucts listed pursuant to paragraph (2) for inclu-
sion in the State’s strategic stockpile; 
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