H.R. 7574 — what changed

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) Transfers and reimbursements

“(A) In general—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—

changed “(i) the transferred supplies are less than six months one year from expiry;

“(ii) the stockpile is able to replenish the supplies, as appropriate; and

“(iii) the Secretary decides the transfer is in the best interest of the United States Government.

“(B) Use of reimbursement—Reimbursement derived from the transfer of supplies pursuant to subparagraph (A) may be used by the Secretary, without further appropriation and without fiscal year limitation, to carry out this section.

changed “(C) Report—Not later than September 30, 2022, the Secretary Rule of construction—This paragraph shall submit not be construed to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions preclude transfers of products in the Senate a report on each transfer made stockpile under this paragraph and the amount received by the Secretary in exchange for that transfer.other authorities.

changed “(D) Sunset—The authority Report—Not later than September 30, 2022, the Secretary shall submit to make transfers the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on each transfer made under this paragraph shall cease to be effective on September 30, 2023.”and the amount received by the Secretary in exchange for that transfer.

added “(E) Sunset—The authority to make transfers under this paragraph shall cease to be effective on September 30, 2023.”

Section 319F–2 of the Public Health Service Act (42 U.S.C. 247d–6b) is amended—

“(K) ensure contents of the stockpile remain in good working order and, as appropriate, conduct maintenance services on contents of the stockpile; and”

“(ix) Equipment maintenance service—In carrying out this section, the Secretary may enter into contracts for the procurement of equipment maintenance services.”

“(L) enhance medical supply chain elasticity and establish and maintain domestic reserves of critical medical supplies (including personal protective equipment, ancillary medical supplies, and other applicable supplies required for the administration of drugs, vaccines and other biological products, and other medical devices (including diagnostic tests)) by—

“(i) increasing emergency stock of critical medical supplies;

changed “(ii) geographically diversifying domestic production of such medical supplies;supplies, as appropriate;

changed “(iii) purchasing, leasing, or entering into joint ventures cooperative agreements or partnerships with respect to facilities manufacturing lines, facilities, and equipment for the domestic production of such medical supplies; and

changed “(iv) working managing, either directly or through cooperative agreements with distributors of such medical supplies to manage the manufacturers and distributors, domestic reserves established under this subparagraph by refreshing and replenishing stock of such medical supplies.”

changed “(7) Reporting—Not later than September 30, 2022, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, Labor and Pensions of the Senate a report on the details of each purchase, lease, cooperative agreement or joint venture partnership entered into under paragraph (3)(L), including the amount expended by the Secretary on each such purchase, lease, cooperative agreement or joint venture.partnership.

changed “(8) Sunset—The authority to make purchases, leases, enter into cooperative agreements or joint ventures partnerships pursuant to paragraph (3)(L) shall cease to be effective on September 30, 2023.”

“(3) Supply chain elasticity

“(A) In general—For the purpose of carrying out subsection (a)(3)(L), there is authorized to be appropriated $500,000,000 for each of fiscal years 2020 through 2023, to remain available until expended.

“(B) Relation to other amounts—The amount authorized to be appropriated by subparagraph (A) for the purpose of carrying out subsection (a)(3)(L) is in addition to any other amounts available for such purpose.”

changed Section 319F–2(f)(1) of the Public Health Service Act (42 U.S.C. 247d–6b(f)(1)) 247d-6b(f)(1)) is amended by striking “$610,000,000 for each of fiscal years 2019 through 2023” and inserting “$705,000,000 for each of fiscal years 2020 through 2023”.