Title: PPE Act of 2020
Policy area: Health

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).

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6541 Introduced in House (IH)]

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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. Barragan, Ms. Norton, Mr. Vargas, Mr. Rouda, Ms. 
  Omar, Mr. Cisneros, Mr. Nadler, Ms. Garcia of Texas, Mr. Castro of 
    Texas, Mr. Levin of California, 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 determined 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 Representatives of the 
United States of America in Congress assembled,

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 Public 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 
                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 of title 40, United States Code, the Secretary may 
        transfer to any Federal department or agency, on a reimbursable 
        basis, any drugs, vaccines and other biological products, 
        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.
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