I 
116TH CONGRESS 
2D SESSION 
H. R. 6541 
To amend the Public Health Service Act to provide for maintaining adequate 
supplies in Strategic National Stockpile, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 17, 2020 
Mr. MALINOWSKI (for himself, Ms. DELAURO, Ms. ESCOBAR, Mr. GALLEGO, 
Ms. JACKSON LEE, Mrs. NAPOLITANO, Mr. PAYNE, Ms. KUSTER of New 
Hampshire, Mr. GRIJALVA, Mr. PAPPAS, Mr. COHEN, Ms. SCANLON, Mr. 
NEGUSE, Mrs. HAYES, Ms. SCHAKOWSKY, Ms. PORTER, Mr. GONZALEZ 
of Texas, Mr. MCNERNEY, Mr. RUPPERSBERGER, Ms. BARRAGA´N, Ms. 
NORTON, Mr. VARGAS, Mr. ROUDA, Ms. OMAR, Mr. CISNEROS, Mr. NAD-
LER, Ms. GARCIA of Texas, Mr. CASTRO of Texas, Mr. LEVIN of Cali-
fornia, Mrs. BEATTY, Mr. ESPAILLAT, Ms. BROWNLEY of California, Mr. 
GARAMENDI, Mr. POCAN, Mrs. AXNE, Ms. MATSUI, Ms. WASSERMAN 
SCHULTZ, and Mr. HASTINGS) introduced the following bill; which was 
referred to the Committee on Energy and Commerce, and in addition to 
the Committee on Financial Services, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To amend the Public Health Service Act to provide for 
maintaining adequate supplies in 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, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Providing Protective 
Equipment Act of 2020’’ or the ‘‘PPE Act of 2020’’. 
SEC. 2. MAINTAINING ADEQUATE SUPPLIES IN STRATEGIC 
NATIONAL STOCKPILE. 
(a) IN GENERAL.—Section 319F–2(a)(3) of the Pub-
lic Health Service Act (42 U.S.C. 247d–6b(a)(3)) is 
amended— 
(1) in subparagraph (I), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (J), by striking the period 
at the end and inserting ‘‘; and’’; 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 rel-
evant 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.— 
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‘‘(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 Con-
gress, the Secretary’s request with respect to 
expenditures necessary to maintain the min-
imum 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 of title 40, United 
States Code, the Secretary may transfer to any Fed-
eral department or agency, on a reimbursable basis, 
any drugs, vaccines and other biological products, 
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medical devices, and other supplies in the stockpile 
if the transferred supplies are less than six months 
from expiry.’’. 
(d) REMOVAL
OF LIMITATION
ON
THE DEFENSE 
PRODUCTION ACT FUND.—Section 304 of the Defense 
Production Act of 1950 (50 U.S.C. 4534) is amended— 
(1) by striking subsection (e); and 
(2) by redesignating subsections (f) and (g) as 
subsections (e) and (f), respectively. 
Æ 
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