[Congressional Record Volume 167, Number 86 (Tuesday, May 18, 2021)]
[Senate]
[Page S2741]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1515. Ms. ERNST submitted an amendment intended to be proposed by 
her to the bill S. 1260, to establish a new Directorate for Technology 
and Innovation in the National Science Foundation, to establish a 
regional technology hub program, to require a strategy and report on 
economic security, science, research, innovation, manufacturing, and 
job creation, to establish a critical supply chain resiliency program, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. EXPANDING THE DOMESTIC PRODUCTION OF MEDICAL 
                   SUPPLIES.

       Title III of the Public Health Service Act is amended by 
     inserting after section 319F-4 (42 U.S.C. 247d-6e) the 
     following:

     ``SEC. 319F-5. EXPANDING THE DOMESTIC PRODUCTION OF MEDICAL 
                   SUPPLIES.

       ``(a) In General.--The Secretary, in consultation with the 
     Secretary of Defense, shall award grants to drug, biological 
     product (including vaccines), device (including respiratory 
     protective devices), and other medical supply manufacturers 
     for the purpose of incentivizing such manufacturers to 
     manufacture such products domestically using advanced 
     manufacturing, and to ensure that the Nation is able to 
     retain or acquire necessary supplies to address critical 
     public health needs, including countermeasures required 
     during a pandemic or other public health emergency.
       ``(b) Eligible Products.--The Secretary, in consultation 
     with the Secretary of Defense, shall compile and update a 
     list of drugs, biological products (including vaccines), 
     devices (including respiratory protective devices), and other 
     medical supplies that are, or may become, critical supplies 
     in the event of a pandemic or public health emergency.
       ``(c) Eligibility.--To be eligible for a grant under this 
     section, a manufacturer shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may require, including the 
     applicant's plan for the advanced manufacturing, 
     domestically, of a product on the list under subsection (b).
       ``(d) Grant Awards.--A grant awarded under this section--
       ``(1) shall be used for the capital costs associated with 
     the installation of countermeasure manufacturing equipment 
     (including both final finished products and the related 
     critical components required for these products), including 
     the building and assembly of manufacturing equipment, 
     modifications to existing facilities to accommodate such 
     equipment, or expansion of existing facilities to accommodate 
     such equipment, in accordance with the advanced manufacturing 
     plan set forth in the application under subsection (c); and
       ``(2) shall be in amount not to exceed the amount 
     sufficient to cover up to 50 percent of the costs described 
     in paragraph (1).
       ``(e) Waiver of Certain Requirements.--The requirements of 
     section 75.323 of title 45, Code of Federal Regulations (or 
     any successor regulations) shall not apply with respect to a 
     grant awarded under this section.
       ``(f) Ongoing Monitoring.--The Secretary, in coordination 
     with the Secretary of Defense, shall establish and implement 
     procedures for the ongoing monitoring of the program under 
     this section to ensure that such program works toward the 
     goal of expanding domestic production of drugs, biological 
     products (including vaccines), devices (including respiratory 
     protective devices), and other medical supplies.
       ``(g) Reporting.--Not later than 180 days after the date of 
     the enactment of this section and annually thereafter, the 
     Secretary, in coordination with the Secretary of Defense, 
     shall submit to Congress a report on the program under this 
     section. Each such report shall include certification that 
     all funds appropriated for the purpose of carrying out this 
     section are used solely for such purpose.
       ``(h) Authorization of Appropriations.--To carry out this 
     section, there are authorized to be appropriated $250,000,000 
     for each of fiscal years 2022 through 2026.''.
                                 ______