H.R. 6832, Ensuring Fairness for State Contracts Relating to Supplies to Combat COVID–19 Pandemic
Summary
H.R. 6832, a bill introduced in the House of Representatives on February 25, 2022 by Mr. Cloud and other members, referred to the Committee on Energy and Commerce and, in addition, the Committee on Financial Services. The bill amends the Federal Food, Drug, and Cosmetic Act and the Defense Production Act of 1950 to prohibit the Federal Government from limiting State access to key therapies, such as monoclonal antibodies. It would also bar the President from prioritizing Federal contracts over State contracts relating to purchasing supplies to combat the COVID–19 pandemic.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
- Issuer
- Congressional materials
- Document type
- Bills Bills 117Hr6832Ih Bills 117Hr6832Ih
- Case
- Bills Bills 117Hr6832Ih Bills 117Hr6832Ih
Cite this document
“H.R. 6832, Ensuring Fairness for State Contracts Relating to Supplies to Combat COVID–19 Pandemic.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117hr6832ih-bills-117hr6832ih/
, SHA-256 7351cc19bd3685b78a0eda96b2b4bd71f5ec1386b522f02545261a84c5d95299.Full text
I
117TH CONGRESS
2D SESSION
H. R. 6832
To amend the Federal Food, Drug, and Cosmetic Act and the Defense
Production Act of 1950 to prohibit the Federal Government from limiting
State access to key therapies, such as monoclonal antibodies, and from
prioritizing Federal contracts over State contracts relating to purchasing
supplies to combat the COVID–19 pandemic.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 25, 2022
Mr. CLOUD (for himself, Mr. WEBSTER of Florida, Mr. BIGGS, Mrs. MILLER
of Illinois, Mr. TIFFANY, and Mr. DONALDS) introduced the following bill;
which was referred to the Committee on Energy and Commerce, and in
addition to the Committee on Financial Services, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
A BILL
To amend the Federal Food, Drug, and Cosmetic Act and
the Defense Production Act of 1950 to prohibit the Fed-
eral Government from limiting State access to key thera-
pies, such as monoclonal antibodies, and from prioritizing
Federal contracts over State contracts relating to pur-
chasing supplies to combat the COVID–19 pandemic.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
pbinns on DSKJLVW7X2PROD with BILLS
VerDate Sep 11 2014 05:45 Apr 07, 2022 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6832.IH H6832
2
1 SECTION 1. ENSURING FAIRNESS FOR STATE CONTRACTS
2 RELATING TO SUPPLIES TO COMBAT COVID–
3 19 PANDEMIC.
4 (a) TREATMENT UNDER DEFENSE PRODUCTION ACT
5 OF 1950.—Section 101 of the Defense Production Act of
6 1950 (50 U.S.C. 4511) is amended—
7 (1) in subsection (a), by striking ‘‘The Presi-
8 dent’’ and inserting ‘‘Except as provided by sub-
9 section (e), the President’’; and
10 (2) by adding at the end the following:
11 ‘‘(e) EXCEPTION FOR STATE CONTRACTS RELATING
12 TO COVID–19 PANDEMIC.—The President may not exer-
13 cise the authority provided by subsection (a) on or after
14 the date of the enactment of this subsection to prioritize
15 the performance of contracts or orders of the Federal Gov-
16 ernment relating to the purchase of supplies to combat
17 the COVID–19 pandemic over the performance of con-
18 tracts or orders of the government of a State or territory
19 or possession of the United States relating to the purchase
20 of such supplies.’’.
21 (b) TREATMENT UNDER FEDERAL FOOD, DRUG,
22 AND COSMETIC ACT.—Section 564(j) of the Federal Food,
23 Drug, and Cosmetic Act (21 U.S.C. 360bbb–3(j)) is
24 amended by adding at the end the following:
pbinns on DSKJLVW7X2PROD with BILLS
25 ‘‘(5) Nothing in this section or any other provi-
26 sion of law shall be construed to authorize the Sec-
•HR 6832 IH
VerDate Sep 11 2014 05:45 Apr 07, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6832.IH H6832
3
1 retary to ration a drug authorized for use under this
2 section, limit or restrict access to such a drug, or
3 otherwise control the quantity of such a drug made
4 available for or distributed to any State or territory,
5 including by imposing any limitation on distribution
6 of such a drug to governmental entities, such as re-
7 quiring a State- and territorial-coordinated distribu-
8 tion system or similar distribution system.’’.
9 (c) USE OF COVID–19 RELIEF FUNDS TO PUR-
10 CHASE SUPPLIES FOR STATES.—
11 (1) IN GENERAL.—Notwithstanding any other
12 provision of law, a State or territory or possession
13 of the United States may use funds described in
14 paragraph (2) to purchase supplies to combat the
15 COVID–19 pandemic that the State, territory, or
16 possession was unable to purchase before the date of
17 the enactment of this Act because of the invocation
18 by the President of the authority to prioritize con-
19 tracts and orders under section 101 of the Defense
20 Production Act of 1950 (50 U.S.C. 4511).
21 (2) FUNDS DESCRIBED.—Funds described in
22 this paragraph are funds made available to a State
23 or territory or possession of the United States pur-
24 suant to any of the following Acts and available for
pbinns on DSKJLVW7X2PROD with BILLS •HR 6832 IH
VerDate Sep 11 2014 05:45 Apr 07, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6832.IH H6832
4
1 obligation as of the date of the enactment of this
2 Act:
3 (A) The Coronavirus Preparedness and
4 Response Supplemental Appropriations Act,
5 2020 (Public Law 116–123; 134 Stat. 146).
6 (B) The Families First Coronavirus Re-
7 sponse Act (Public Law 116–127; 134 Stat.
8 178).
9 (C) The Coronavirus Aid, Relief, and Eco-
10 nomic Security Act (Public Law 116–136; 134
11 Stat. 281).
12 (D) The Paycheck Protection Program and
13 Health Care Enhancement Act (Public Law
14 116–139; 134 Stat. 620).
15 (E) The Consolidated Appropriations Act,
16 2021 (Public Law 116–260).
17 (F) The American Rescue Plan Act of
18 2021 (Public Law 117–2).
19 (G) Any other Act providing funding relat-
20 ing to the COVID–19 pandemic.
Æ
pbinns on DSKJLVW7X2PROD with BILLS •HR 6832 IH
VerDate Sep 11 2014 05:45 Apr 07, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H6832.IH H6832
File and source
- File
- BILLS_bills-117hr6832ih_bills-117hr6832ih.pdf
- Size
- 234,745 bytes
- SHA-256
- 7351cc19bd3685b78a0eda96b2b4bd71f5ec1386b522f02545261a84c5d95299
- Original
- www.govinfo.gov