[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3568 Introduced in Senate (IS)]
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116th CONGRESS
2d Session
S. 3568
To require the President to use authorities under the Defense
Production Act of 1950 to require emergency production of medical
equipment to address the COVID-19 outbreak.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 23, 2020
Mr. Murphy (for himself, Mr. Schatz, Mr. Bennet, Mr. Heinrich, Mrs.
Gillibrand, Mr. Manchin, Mr. Blumenthal, and Mr. Van Hollen) introduced
the following bill; which was read twice and referred to the Committee
on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To require the President to use authorities under the Defense
Production Act of 1950 to require emergency production of medical
equipment to address the COVID-19 outbreak.
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 ``Medical Supply Chain Emergency Act
of 2020''.
SEC. 2. EMERGENCY PRODUCTION OF MEDICAL EQUIPMENT TO ADDRESS COVID-19
OUTBREAK.
(a) In General.--Immediately upon the enactment of this Act, the
President shall--
(1) determine under section 101(b) of the Defense
Production Act of 1950 (50 U.S.C. 4511(b)) that--
(A) medical equipment described in paragraph (3)(A)
is scarce and a critical material essential to the
national defense; and
(B) the requirements of the national defense for
such equipment cannot be met without exercising the
authorities provided by the Defense Production Act of
1950 (50 U.S.C. 4501 et seq.);
(2) identify private sector capacity to produce such
equipment;
(3) exercise the authorities provided by the Defense
Production Act of 1950 to the extent necessary--
(A) to require emergency production of--
(i) not less than--
(I) 500,000,000 N95 respirators;
(II) 200,000 medical ventilators;
(III) 20,000,000 face shields;
(IV) 500,000,000 pairs of medical
exam gloves; and
(V) 20,000,000 surgical gowns; and
(ii) such other medical equipment as the
President determines to be necessary to address
the coronavirus disease 2019 (commonly known as
``COVID-19'') outbreak; and
(B) to establish a fair and reasonable price for
the sale of medical equipment produced pursuant to
subparagraph (A).
(b) Coordination.--The President shall coordinate and direct the
allocation of medical equipment produced under subsection (a) based on
requests from the Governors of the States and the needs of the States,
as determined based on--
(1) the number of cases of COVID-19 in a State; and
(2) the proportion of the population in a State with a
higher risk of developing a serious illness from COVID-19.
(c) Funding.--Amounts available in the Defense Production Act Fund
under section 304 of the Defense Production Act of 1950 (50 U.S.C.
4534) shall be available to carry out this section.
(d) Termination.--
(1) In general.--This section, and authorities carried out
pursuant to this section, shall terminate on the date on which
the national emergency declared under the National Emergencies
Act (50 U.S.C. 1601 et seq.) on March 13, 2020, relating to the
COVID-19 outbreak, terminates.
(2) Disposition of unused medical equipment.--Any medical
equipment produced pursuant to subsection (a) using amounts
from the Defense Production Act Fund and unused as of the date
described in paragraph (1) shall be deposited in the Strategic
National Stockpile.
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