I 116th CONGRESS 2d Session H. R. 6541 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. Barragán , 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.

1. Short title This Act may be cited as the Providing Protective Equipment Act of 2020 or the 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 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.