[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6610 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 6610

  To establish the Cabinet-level position of Director of Pandemic and 
 Biodefense Preparedness and Response in the executive branch with the 
    responsibility of developing a National Pandemic and Biodefense 
 Preparedness and Response Strategy, to prepare for and coordinate the 
   response to future pandemics, biological attacks, and other major 
 health crises, including coordinating the work of multiple government 
                   agencies, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 23, 2020

  Mr. Rose of New York (for himself, Ms. Scanlon, Ms. Norton, and Ms. 
 Jackson Lee) introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees on 
Transportation and Infrastructure, Armed Services, Foreign Affairs, and 
   Intelligence (Permanent Select), for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To establish the Cabinet-level position of Director of Pandemic and 
 Biodefense Preparedness and Response in the executive branch with the 
    responsibility of developing a National Pandemic and Biodefense 
 Preparedness and Response Strategy, to prepare for and coordinate the 
   response to future pandemics, biological attacks, and other major 
 health crises, including coordinating the work of multiple government 
                   agencies, and for other purposes.

    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 ``Director of Pandemic and Biodefense 
Preparedness and Response Act''.

SEC. 2. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--The Congress finds the following:
            (1) The United States could have, and should have, been 
        significantly more prepared to combat the COVID-19 pandemic.
            (2) Examples of this are numerous but include the loss of 
        stockpiled ventilators to breakage because the Federal 
        Government let maintenance contracts lapse in 2018, the reuse 
        of personal protective equipment that is only sanitary for 
        single-patient use due to shortages, and the scarcity of 
        available testing compared to other nations.
            (3) The loss of life and harm to the national economy is 
        already staggering yet its extent will not be known for some 
        time.
            (4) As in previous pandemics and other major health crises, 
        confusion during the COVID-19 pandemic about which agency was 
        in charge of what and who would coordinate the response of 
        multiple agencies lead to calls for a ``czar'' to be named, as 
        well as a task force to be created.
            (5) The Federal Government currently supports pandemic and 
        biodefense preparedness and response in several ways through a 
        myriad of agencies, each responsible for disparate programs and 
        responsibilities related to pandemics, biological attacks, and 
        other major health crises.
            (6) Following the attack on our homeland on September 11, 
        2001, the Director of National Intelligence position was 
        created to ensure the cooperation of several agencies in the 
        Intelligence Community through one Cabinet-level official 
        coordinating between and among multiple Federal agencies 
        charged with breaking down silos while keeping the Nation safe.
            (7) Preparing the United States for and responding to a 
        future pandemic, biological attack, or other major health 
        crisis should be a top priority across agencies of the Federal 
        Government, yet the COVID-19 pandemic exposed the need for 
        greater cohesion and speed in both preparedness and response.
            (8) Various Federal agencies report on recommendations for 
        preparation and response to pandemics, biological attacks, and 
        other major health crises, but no one Federal official can 
        produce and speak with authority on a national pandemic and 
        biodefense preparedness and response strategy or execute such a 
        strategy.
            (9) A key element for success during response activities 
        will be ``staying ahead of the emergency''--in other words, 
        being more proactive than reactive. This will require elements 
        including--
                    (A) timely, accurate assessments of newly emerged 
                risks and vulnerabilities;
                    (B) a streamlined, unified effort to lead all 
                Federal Government efforts, coordinate State and local 
                government activities, and provide clear guidance to 
                assets in the private sector;
                    (C) a coordinated national communications program 
                to inform, educate, and gain the trust and support of 
                the American public; and
                    (D) a national leader with the authority, 
                responsibility, and accountability to ensure the most 
                effective coordination of Federal agencies and best use 
                of national assets.
    (b) Sense of Congress.--It is the sense of Congress that the 
creation of the Cabinet-level position of the Director of Pandemic and 
Biodefense Preparedness and Response and a well-designed National 
Pandemic and Biodefense Preparedness and Response Strategy would 
benefit the United States in several important ways, including by 
ending silos between and among various Federal agencies charged with 
parts of pandemic and biodefense preparedness and response, including 
the Federal Emergency Management Agency, the Centers for Disease 
Control and Prevention, and the Department of Health and Human 
Services.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Agency.--The term ``agency'' has the meaning given that 
        term in section 551 of title 5, United States Code.
            (2) National pandemic and biodefense preparedness and 
        response strategy; strategy.--Each of the terms ``Pandemic and 
        Biodefense Preparedness and Response Strategy'' and 
        ``Strategy'' means the strategy developed and submitted to the 
        Congress under section 5, including any report, plan, or 
        strategy required to be incorporated into or issued 
        concurrently with such strategy.

SEC. 4. REORGANIZATION AND IMPROVEMENT OF MANAGEMENT OF FEDERAL 
              PANDEMIC AND BIODEFENSE RESPONSE AGENCIES.

    (a) Director of Pandemic and Biodefense Preparedness and 
Response.--
            (1) In general.--There is a Director of Pandemic and 
        Biodefense Preparedness and Response who shall be appointed by 
        the President, by and with the advice and consent of the 
        Senate. Any individual nominated for appointment as Director of 
        Pandemic and Biodefense Preparedness and Response shall have 
        extensive pandemic and biodefense preparedness and response 
        expertise.
            (2) Location.--The Director of Pandemic and Biodefense 
        Preparedness and Response shall not be located within the 
        Executive Office of the President.
            (3) Deadline for appointment.--Not later than 3 months 
        after the date of the enactment of this Act, the President 
        shall appoint a Director of Pandemic and Biodefense 
        Preparedness and Response.
    (b) Principal Responsibilities.--Subject to the authority, 
direction, and control of the President, the Director of Pandemic and 
Biodefense Preparedness and Response shall--
            (1) serve as head of the Federal national pandemic and 
        biodefense preparedness and response community;
            (2) act as the principal adviser to the President, the 
        National Security Council, and the Homeland Security Council 
        for pandemic and biodefense preparedness and response;
            (3) oversee and direct the implementation of the National 
        Pandemic and Biodefense Preparedness and Response Strategy and 
        its execution through the coordination of Federal agencies and 
        through the United States participation in the World Health 
        Organization and other Intergovernmental Organizations;
            (4) act as the principal adviser to the President in a time 
        of pandemic, biological attack, or other major health crisis;
            (5) to coordinate the Nation's response to such a crisis;
            (6) conduct a simulation exercise at least once each year 
        of the response to a fictional pandemic, biological attack, or 
        other serious health crisis of high-level current and former 
        government and nongovernmental officials in order to prepare 
        for these potential events;
            (7) address the organizational structure and chain of 
        command, both in the Federal Government and at the State level;
            (8) ensure adequate laboratory surveillance of viruses, 
        including the ability to isolate and subtype viruses year-
        round;
            (9) improve vaccine research, development, and production;
            (10) procure adequate doses of antivirals for treatment;
            (11) develop systems for tracking and distributing 
        antiviral medication and vaccines;
            (12) prioritize who would receive antivirals and vaccines 
        based on limited supplies;
            (13) stockpile medical and safety equipment for health care 
        workers and first responders;
            (14) assure surge capacity capabilities for health care 
        providers and institutions;
            (15) secure a backup health care workforce in the event of 
        a major health crisis;
            (16) ensure the availability of food, water, and other 
        essential items during a major health crisis;
            (17) provide guidance on needed State and local authority 
        to implement public health measures such as isolation or 
        quarantine;
            (18) maintain core public functions, including public 
        utilities, refuse disposal, mortuary services, transportation, 
        police and firefighter services, and other critical services;
            (19) establish networks that provide alerts and other 
        information for health care providers;
            (20) communicate with the public with respect to prevention 
        and obtaining care during a pandemic;
            (21) provide security for first responders and other 
        medical personnel and volunteers, hospitals, treatment centers, 
        isolation and quarantine areas, and transportation and delivery 
        of resources; and
            (22) work with established agencies and perform such other 
        functions or activities as the President may assign.
    (c) Prohibition on Dual Service.--The individual serving in the 
position of Director of Pandemic and Biodefense Preparedness and 
Response shall not, while so serving, also serve as the head of any 
other agency of the Federal Government.
    (d) National Security Council.--The Director of Pandemic and 
Biodefense Preparedness and Response shall be a member of the National 
Security Council.
    (e) Existing Federal Agencies.--Not later than 90 days after the 
date of the enactment of this Act the Director of Pandemic and 
Biodefense Preparedness and Response shall--
            (1) identify existing Federal agencies charged with 
        elements of pandemic and biodefense preparedness and response; 
        and
            (2) report to the Congress recommendations for reorganizing 
        such agencies under the Office of the Director of Pandemic and 
        Biodefense Preparedness and Response to ensure full 
        coordination among such agencies, including changes to existing 
        law that are necessary to carry out such recommendations.
    (f) Pay.--The Director of Pandemic and Biodefense Preparedness and 
Response shall be paid at the rate of basic pay for level II of the 
Executive Schedule under subchapter II of chapter 53 of title 5, United 
States Code.

SEC. 5. NATIONAL PANDEMIC AND BIODEFENSE PREPAREDNESS AND RESPONSE 
              STRATEGY.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, and every year thereafter, the Director of 
Pandemic and Biodefense Preparedness and Response shall submit a 
National Pandemic and Biodefense Preparedness and Response Strategy to 
the President and the Congress. The Strategy shall contain a summary of 
the current state of pandemic and biodefense preparedness and response 
in the United States, and a comprehensive strategy to--
            (1) work across Federal and State government agencies to 
        implement a coherent integrated Strategy and associated plans;
            (2) prepare for and execute interagency planning and 
        coordination to implement the Strategy;
            (3) provide for departmental and agency responsibility and 
        accountability for each component of the Strategy;
            (4) budget for and fund requirements and sources under the 
        Strategy;
            (5) ensure international collaboration and coordination 
        efforts to implement the Strategy; and
            (6) provide recommendations and a timeline for 
        implementation of the Strategy.
    (b) Application of FACA.--Notwithstanding the Federal Advisory 
Committee Act (5 U.S.C. App.), nongovernment individuals and entities 
may participate in the preparation of the National Pandemic and 
Biodefense Preparedness and Response Strategy.

SEC. 6. HEALTH PROFESSIONAL TRAINING.

    The Director, in consultation with professional health and medical 
societies, shall develop and disseminate pandemic and biodefense 
training curricula--
            (1) to educate and train health professionals, including 
        physicians, nurses, public health practitioners, virologists 
        and epidemiologists, veterinarians, mental health providers, 
        allied health professionals, and paramedics and other first 
        responders;
            (2) to educate and train volunteer, nonmedical personnel 
        whose assistance may be required during a pandemic, biological 
        attack, or other major health crisis;
            (3) that address prevention, including use of quarantine 
        and other isolation precautions, pandemic diagnosis, medical 
        guidelines for use of antivirals and vaccines, and professional 
        requirements and responsibilities, as appropriate;
            (4) targeting distribution to high-risk groups, including 
        health professionals and relief personnel and other individuals 
        determined to be most susceptible to illness or death from a 
        pandemic, biological attack, or other major health crisis;
            (5) ensuring equitable distribution of healthcare 
        resources, particularly across low-income and other underserved 
        groups; and
            (6) that integrate with existing State and local systems as 
        appropriate.

SEC. 7. REPORTING.

    Not later than 2 years after the date of the enactment of this Act, 
and every 2 years thereafter, the Director of Pandemic and Biodefense 
Preparedness and Response, in consultation with the Director of the 
Office of Management and Budget, shall submit to the President and the 
Congress a report that describes progress made in the implementation of 
the National Pandemic and Biodefense Preparedness and Response Strategy 
and in fulfilment of its objectives.
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