I 
116TH CONGRESS 
1ST SESSION H. R. 2095 
To direct the Secretary of Health and Human Services, for the purpose 
of addressing public health crises, to require the manufacturers of cov-
ered products to develop, maintain, and update a plan to mitigate the 
effects of such products on public health, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 4, 2019 
Mr. DESAULNIER introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To direct the Secretary of Health and Human Services, 
for the purpose of addressing public health crises, to 
require the manufacturers of covered products to develop, 
maintain, and update a plan to mitigate the effects of 
such products on public health, 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. 
This Act may be cited as the ‘‘National Public Health 
Act of 2019’’. 
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SEC. 2. ADDRESSING PUBLIC HEALTH CRISES BY REQUIR-
ING PLANS TO MITIGATE THE EFFECTS OF 
COVERED PRODUCTS ON PUBLIC HEALTH. 
(a) REQUIREMENT.—For the purpose of addressing 
public health crises listed pursuant to subsection (b), the 
Secretary shall require the manufacturer of a covered 
product— 
(1) not later than 180 days after such product 
is listed pursuant to subsection (c), to develop and 
begin implementation of a plan to mitigate the ef-
fects of such product on public health; and 
(2) so long as the listing remains in effect, to 
maintain and update such plan. 
(b) LIST OF PUBLIC HEALTH CRISES.—Subject to 
the availability of appropriations, the Secretary shall seek 
to enter into a contract, not later than 180 days after the 
date of enactment of this Act, with the National Academy 
of Medicine (or, if the National Academy declines, another 
appropriate entity)— 
(1) to develop and publish a list of public health 
crises; and 
(2) to update such list continuously. 
(c) LIST OF COVERED PRODUCTS.—The Secretary 
shall develop, publish, and update a list of products (in 
this Act referred to as ‘‘covered products’’) that— 
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(1) are manufactured for human use or con-
sumption; and 
(2) are determined by the Secretary to have a 
fiscal impact on the United States public health sys-
tem, taken collectively with other similar products, 
of $50,000,000 or more per year. 
(d) CIVIL PENALTY.— 
(1) IN GENERAL.—A manufacturer shall be lia-
ble to the United States for a civil penalty if— 
(A) the manufacturer violates subsection 
(a); and 
(B) the Secretary determines that such 
violation has a negative impact on public 
health. 
(2) AMOUNT.—The amount of a civil penalty 
under paragraph (1) shall not exceed $20,000 for 
each day on which the violation continues. 
(e) DEFINITION.—For purposes of this Act: 
(1) The term ‘‘public health crisis’’— 
(A) shall be defined by the Secretary; and 
(B) may include an event or occurrence 
that— 
(i) is temporary or permanent; 
(ii) is manmade or naturally occur-
ring; and 
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(iii) substantially negatively impacts 
the public health. 
(2) The term ‘‘Secretary’’ means the Secretary 
of Health and Human Services. 
Æ 
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