[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6719 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 6719
To require the Federal Government to provide critical health care
resources in response to the COVID-19 pandemic.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 5, 2020
Mr. Khanna introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure, and in addition to the
Committees on Financial Services, Energy and Commerce, and the Budget,
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 require the Federal Government to provide critical health care
resources in response to the COVID-19 pandemic.
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 ``Emergency Medical Supplies
Procurement Act''.
SEC. 2. FEDERAL PROVISION OF CRITICAL HEALTH CARE RESOURCES.
(a) Requirement To Provide Critical Health Care Resources.--
(1) In general.--The President, acting through the
Administrator of the Federal Emergency Management Agency, and
in consultation with the Secretary of Health and Human Services
and the head of any other relevant Federal agency, shall
fulfill, to the greatest extent possible and with due urgency,
according to need, all requests from States for critical health
care resources that are required to support medical providers,
treat patients, or promote the general well-being in response
to, or to recover from, the outbreak of COVID-19.
(2) Use of authorities.--To carry out paragraph (1), the
President shall make use of any and all available authorities
at the disposal of the Federal Government to procure,
manufacture, and support the manufacturing of critical health
care resources, including emergency authorities such as the
Defense Production Act of 1950 (50 U.S.C. 4511 et seq.), the
National Emergencies Act (50 U.S.C. 1601 et seq.), and the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.).
(3) Determination of emergency end date.--The Secretary of
Health and Human Services and the Administrator of the Federal
Emergency Management Agency shall jointly--
(A) determine the date on which all requests from
States for critical health care resources related to
the outbreak of COVID-19 are fulfilled or otherwise
resolved, which shall not be earlier than the day after
the date on which no new cases of COVID-19 are reported
in the United States for a period of not less than 14
consecutive days; and
(B) promptly submit to Congress and the Secretary
of the Treasury a certification indicating the date
determined under subparagraph (A).
(b) Reports to Congress.--Not later than 7 days after the date of
enactment of this Act, and every 7 days thereafter until the COVID-19
emergency end date, the Secretary of Health and Human Services and the
Administrator of the Federal Emergency Management Agency shall jointly
submit to Congress a report on the implementation of and activities
authorized by this section, including information on--
(1) the use of funds;
(2) the number of requests received from States for
critical health care resources, including the contents of the
requests and the dates on which the requests are received and
fulfilled;
(3) if any State request received has not been fulfilled or
has been partially fulfilled, the reasons why the request was
not fully fulfilled;
(4) the distribution of critical health care resources by
State, geographic area, and need;
(5) the criteria or methodology used to guide the
prioritization of State requests and the distribution of
critical health care resources; and
(6) the sources of the critical health care resources
provided to States, including the prices paid by the Federal
Government for such critical health care resources and to which
suppliers such amounts were paid.
(c) Funding; Limitations.--
(1) Funding.--There is appropriated, out of amounts in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2020, to remain available until the COVID-19
emergency end date, $75,000,000,000 to the Federal Emergency
Management Agency to carry out this section.
(2) Limitation.--No funds made available under this section
shall be provided to--
(A) any person who is a Federal elected official or
serving in a Senior Executive Service position; or
(B) any entity that is controlled in whole or in
part by a Federal elected official or serving in a
Senior Executive Service position.
(3) Emergency designation.--
(A) In general.--The amounts provided under this
section are designated as an emergency requirement
pursuant to section 4(g) of the Statutory Pay-As-You-Go
Act of 2010 (2 U.S.C. 933(g)).
(B) Designation in senate.--In the Senate, this
section is designated as an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for
fiscal year 2018.
(d) Definitions.--In this section--
(1) the term ``COVID-19 emergency end date'' means the date
on which all requests from States for critical health care
resources related to the outbreak of COVID-19 are fulfilled or
otherwise resolved, as certified by the Administrator of the
Federal Emergency Management Agency and the Secretary of Health
and Human Services under subsection (a)(3);
(2) the term ``critical health care resources'' includes--
(A) personal protective equipment (such as surgical
masks, N-95 respirator masks, surgical gowns, and face
visors);
(B) ventilators;
(C) testing reagents and compounds;
(D) approved vaccines, therapeutics, diagnostics,
pharmaceuticals, small molecule active pharmaceutical
ingredients, and other necessary drugs;
(E) ancillary medical supplies, and other
applicable supplies required for the administration of
drugs, vaccines and other biological products, medical
devices, and diagnostic tests; and
(F) other medical supplies or hospital
infrastructure, as necessary;
(3) the term ``Senior Executive Service position'' has the
meaning given that term in section 3132(a) of title 5, United
States Code; and
(4) the term ``State'' means--
(A) each of the several States of the United
States;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana
Islands;
(G) the Federated States of Micronesia;
(H) the Republic of the Marshall Islands;
(I) the Republic of Palau;
(J) the United States Virgin Islands; and
(K) an Indian tribe, as defined in section 4(e) of
the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5304(e)).
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