H. R. 2095
IN THE HOUSE OF REPRESENTATIVES
April 4, 2019
Mr. DeSaulnier introduced the following bill; which was referred to the Committee on Energy and Commerce
To direct the Secretary of Health and Human Services, for the purpose of addressing public health crises, to require the manufacturers of covered products to develop, maintain, and update a plan to mitigate the effects of such products on public health, and for other purposes.
This Act may be cited as the
National Public Health Act of 2019.
Addressing public health crises by requiring plans to mitigate the effects of covered products on public health
For the purpose of addressing public health crises listed pursuant to subsection (b), the Secretary shall require the manufacturer of a covered product—
not later than 180 days after such product is listed pursuant to subsection (c), to develop and begin implementation of a plan to mitigate the effects of such product on public health; and
so long as the listing remains in effect, to maintain and update such plan.
List of public health crises
Subject to the availability of appropriations, the Secretary shall seek to enter into a contract, not later than 180 days after the date of enactment of this Act, with the National Academy of Medicine (or, if the National Academy declines, another appropriate entity)—
to develop and publish a list of public health crises; and
to update such list continuously.
List of covered products
The Secretary shall develop, publish, and update a list of products (in this Act referred to as covered products) that—
are manufactured for human use or consumption; and
are determined by the Secretary to have a fiscal impact on the United States public health system, taken collectively with other similar products, of $50,000,000 or more per year.
A manufacturer shall be liable to the United States for a civil penalty if—
the manufacturer violates subsection (a); and
the Secretary determines that such violation has a negative impact on public health.
The amount of a civil penalty under paragraph (1) shall not exceed $20,000 for each day on which the violation continues.
For purposes of this Act:
The term public health crisis—
shall be defined by the Secretary; and
may include an event or occurrence that—
is temporary or permanent;
is manmade or naturally occurring; and
substantially negatively impacts the public health.
The term Secretary means the Secretary of Health and Human Services.