1. Short title
This Act may be cited as the “Buy American Medical Supply Chain Act of 2020”.
Buy American Medical Supply Chain Act of 2020
A BILL
To enhance American production of certain medical supplies, and for other purposes.
2. Enhancing American production of certain medical supplies
In general— Notwithstanding section 1907 of title 41, United States Code, a commercially available off-the-shelf item procured for the Strategic National Stockpile under section 319F–2 of the Public Health Service Act (42 U.S.C. 247d–6b) shall be considered manufactured in the United States for the purposes of section 8302 of title 41, United States Code, if—
the item is manufactured in the United States; and
the cost of all the components of such item manufactured in the United States exceeds 50 percent of the cost of all the components of such item.
Applicability— Subsection (a) applies with respect to the procurement of items on or after the date that is 90 days after the date of the enactment of this Act.
Definition— In this section, the term commercially available off-the-shelf item has the meaning given that term in section 104 of title 41, United States Code, except that such term does not include an item that is a drug, vaccine, or other biological product (as such terms are used in section 319F–2 of the Public Health Service Act (42 U.S.C. 247d–6b)).
3. Program To maintain American surge production capacity
In general— The Secretary of Health and Human Services shall establish and implement a program to maintain United States industrial production capacity for items in the Strategic National Stockpile under section 319F–2 of the Public Health Service Act (42 U.S.C. 247d–6b) at a level needed to ensure that domestic needs can be met during a surge in worldwide demand due to a pandemic or other widespread emergency.
Authorization of appropriations— There are authorized to be appropriated—
$25,000,000 for the period of fiscal years 2020 and 2021 to design the program under this section; and
$500,000,000 for each of fiscal years 2021 through 2031 to carry out the program under this section.