[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3627 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 3627

     To provide for the expedited and transparent procurement and 
   distribution of equipment and supplies needed to combat COVID-19.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 6, 2020

 Ms. Baldwin (for herself, Mr. Murphy, Mr. Bennet, Mr. Blumenthal, Mr. 
 Booker, Mr. Casey, Ms. Cortez Masto, Mrs. Feinstein, Mrs. Gillibrand, 
   Ms. Harris, Ms. Hassan, Ms. Hirono, Mr. Kaine, Ms. Klobuchar, Mr. 
 Manchin, Mr. Merkley, Mr. Peters, Ms. Rosen, Mr. Sanders, Mr. Schatz, 
Mrs. Shaheen, Ms. Smith, Ms. Stabenow, Mr. Van Hollen, Ms. Warren, Mr. 
 Whitehouse, Mr. Heinrich, Mr. Leahy, Mr. Reed, Mr. Brown, Mr. Udall, 
   Mr. Durbin, Mr. Schumer, Mr. Markey, Mr. Menendez, Mr. King, Mr. 
 Tester, Mr. Wyden, Mr. Cardin, Mr. Carper, Mr. Coons, Ms. Duckworth, 
 Mrs. Murray, Mr. Warner, Mr. Jones, and Ms. Cantwell) introduced the 
 following bill; which was read twice and referred to the Committee on 
               Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
     To provide for the expedited and transparent procurement and 
   distribution of equipment and supplies needed to combat COVID-19.

    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 Transparency and 
Delivery Act''.

SEC. 2. EMERGENCY PRODUCTION OF MEDICAL EQUIPMENT AND SUPPLIES TO 
              ADDRESS COVID-19.

    (a) Executive Officer for Critical Medical Equipment and 
Supplies.--
            (1) Appointment.--Not later than 3 days after the date of 
        the enactment of this Act, the Secretary of Defense shall 
        appoint, detail, or temporarily assign a civilian to serve as 
        the Executive Officer for Critical Medical Equipment and 
        Supplies (in this section referred to as the ``Executive 
        Officer''), who shall--
                    (A) direct, through the National Response 
                Coordination Center of the Federal Emergency Management 
                Agency, the national production and distribution of 
                critical medical equipment and supplies, including 
                personal protective equipment, in support of the 
                response of the Federal Emergency Management Agency to 
                the Coronavirus Disease 2019 (commonly known as 
                ``COVID-19''); and
                    (B) report directly to the Administrator of the 
                Federal Emergency Management Agency for the duration of 
                the appointment, detail, or temporary assignment.
            (2) Qualifications.--The Secretary of Defense, in 
        consultation with the Administrator of the Federal Emergency 
        Management Agency, shall select the individual to serve as the 
        Executive Officer from among individuals with sufficient 
        experience in defense and industrial acquisition and production 
        matters, including such matters as described in section 
        668(a)(1)(B) of title 10, United States Code.
            (3) Authorities.--The Executive Officer, acting through the 
        National Response Coordination Center and in direct 
        consultation with the Secretary of Homeland Security, the 
        Secretary of Defense, the Secretary of Health and Human 
        Services, and the Secretary of Commerce, shall use all 
        available Federal acquisition authorities, including the 
        authorities described under sections 101(b), 102, 301, 302, 
        303, 704, 705, 706, 708(c) and (d), and 710 of the Defense 
        Production Act of 1950 (50 U.S.C. 4511(b), 4512, 4531, 4532, 
        4533, 4554, 4555, 4556, 4558 (c) and (d), and 4560), to oversee 
        all acquisition and logistics functions related to the response 
        by the National Response Coordination Center to COVID-19.
            (4) Responsibilities.--The Executive Officer, as the 
        officer overseeing the acquisition and logistics functions of 
        the response by the National Response Coordination Center to 
        COVID-19, shall--
                    (A) receive all requests for equipment and 
                supplies, including personal protective equipment, from 
                States and Indian Tribes;
                    (B) make recommendations to the President on 
                utilizing the full authorities available under the 
                Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) 
                to increase production capacity as identified under 
                subparagraphs (C) and (H) of subsection (c)(1);
                    (C) ensure that allocation of critical resources is 
                carried out in a manner consistent with the needs 
                identified in the reports required by subsection (c);
                    (D) direct, in consultation with the Federal 
                Emergency Management Agency, the Department of Health 
                and Human Services, the Defense Logistics Agency, and 
                other Federal agencies as appropriate, all distribution 
                of critical equipment and supplies to the States and 
                Indian Tribes, through existing commercial distributers 
                where practical;
                    (E) communicate with State and local governments 
                and Indian Tribes with respect to availability and 
                delivery schedule of equipment and supplies;
                    (F) contribute to the COVID-19 strategic testing 
                plan required by title I of division B of the Paycheck 
                Protection Program and Health Care Enhancement Act 
                (Public Law 116-139) to ensure the Secretary of Health 
                and Human Services includes in that plan a 
                comprehensive plan to scale production and optimize 
                distribution of COVID-19 tests, including molecular, 
                antigen, and serological tests, in the United States; 
                and
                    (G) establish, in direct consultation with the 
                Secretary of Health and Human Services, and the heads 
                of any other appropriate Federal agencies, a 
                comprehensive plan to address necessary supply chain 
                issues in order to rapidly scale up production of a 
                SARS-CoV-2 vaccine.
            (5) Transparency.--The Executive Officer shall make 
        available, including on a publicly available website, 
        information, updated not less frequently than every 3 days, 
        including--
                    (A) the reports required by subsection (c);
                    (B) requests for equipment and supplies from State 
                governments and Indian Tribes;
                    (C) standards used for data collection;
                    (D) modeling and any formulas used to determine 
                allocation of equipment and supplies, and any related 
                chain of command making final decisions on allocations;
                    (E) the amount and destination of equipment and 
                supplies delivered;
                    (F) an explanation of why any portion of a purchase 
                order placed under subsection (d), whether to replenish 
                the Strategic National Stockpile or otherwise, will not 
                be filled;
                    (G) the percentage amounts of procured products 
                used to replenish the Strategic National Stockpile, 
                targeted to COVID-19 hotspots, or going into the 
                commercial market;
                    (H) metrics, formulas, and criteria used to 
                determine hotspots or areas of critical need at the 
                State, county, and Indian Health Service area level;
                    (I) production and procurement benchmarks, where 
                practicable; and
                    (J) results of the outreach and stakeholder reviews 
                required by subsection (c).
            (6) Additional personnel.--The Secretary of Defense may 
        detail members of the armed forces on active duty, or 
        additional civilian employees of the Department of Defense, as 
        appropriate, with relevant experience in acquisition matters, 
        to support the Executive Officer.
            (7) Termination.--The office of the Executive Officer shall 
        terminate 30 days after the Executive Officer certifies in 
        writing to Congress that all needs of States and Indian Tribes 
        identified in reports submitted under subsection (c) have been 
        met and all Federal Government stockpiles have been 
        replenished.
    (b) Commercial Sector Participation.--
            (1) In general.--The Executive Officer shall collect and 
        compile data from each of the commercial distributors that is 
        able to fulfill purchase orders authorized by this Act through 
        the Federal Emergency Management Agency, the Defense Logistics 
        Agency, the Department of Health and Human Services, the 
        Department of Veterans Affairs, and any other appropriate 
        Federal agencies.
            (2) Data included.--The data to be collected and compiled 
        under paragraph (1) includes--
                    (A) the name and address of each delivery of 
                supplies and equipment under a purchase order 
                authorized by this Act;
                    (B) the number of such supplies and equipment 
                delivered; and
                    (C) the date of each such delivery.
    (c) Reports Required.--
            (1) In general.--Not later than 7 days after the date of 
        the enactment of this Act, and every 7 days thereafter until 
        the termination date described in subsection (a)(7), the 
        Executive Officer, in coordination with the National Response 
        Coordination Center of the Federal Emergency Management Agency, 
        the Defense Logistics Agency, the Department of Health and 
        Human Services, the Department of Veterans Affairs, and other 
        Federal agencies as appropriate, shall submit to Congress and 
        the President, and publish in a timely manner in the Federal 
        Register a summary of, a report including--
                    (A) an assessment of the needs of the States and 
                Indian Tribes for equipment and supplies necessary to 
                prevent, identify, mitigate, and recover from cases of 
                COVID-19, including personal protective equipment, 
                ventilators, testing supplies, construction supplies, 
                and emergency food sources, for each month during the 
                2-year period beginning on the date of the enactment of 
                this Act;
                    (B) an assessment of the quantities of equipment 
                and supplies in the Strategic National Stockpile as of 
                the date of the report and the projected gap between 
                the quantities of equipment and supplies identified as 
                needed in the assessment under subparagraph (A) and the 
                quantities in the Stockpile;
                    (C) an identification of the industry sectors and 
                manufacturers most ready to fulfill purchase orders for 
                such equipment and supplies, including manufacturers 
                that may be incentivized, through the exercise of 
                authority under section 303(e) of the Defense 
                Production Act of 1950 (50 U.S.C. 4533(e)), to modify, 
                expand, or improve production processes to manufacture 
                such equipment and supplies;
                    (D) an estimate of the funding and other measures 
                necessary to rapidly expand manufacturing production 
                capacity for such equipment and supplies, including--
                            (i) any efforts to expand, retool, or 
                        reconfigure production lines;
                            (ii) any efforts to establish new 
                        production lines through the purchase and 
                        installation of new equipment; or
                            (iii) the issuance of additional contracts, 
                        purchase orders, purchase guarantees, or other 
                        similar measures;
                    (E) an identification of government and privately 
                owned stockpiles of equipment and supplies not included 
                in the Strategic National Stockpile that could be 
                repaired or refurbished;
                    (F) an identification of previously distributed 
                critical supplies that can be redistributed based on 
                current need;
                    (G) an identification of critical areas of need by 
                county and Indian Health Service area in the United 
                States and the metrics and criteria for their 
                identification as critical;
                    (H) an inventory of the national production 
                capacity for equipment and supplies identified as 
                needed in the assessment under subparagraph (A); and
                    (I) an identification of the needs of essential 
                employees and healthcare workers based on regular 
                stakeholder reviews.
            (2) Form of reports.--Each report required by paragraph (1) 
        shall be submitted in unclassified form but may include a 
        classified annex.
    (d) Purchase Orders.--
            (1) In general.--Not later than 1 day after receiving a 
        report required under subsection (c), the President, using 
        authorities provided under the Defense Production Act of 1950 
        (50 U.S.C. 4501 et seq.), shall--
                    (A) establish a fair and reasonable price for the 
                sale of equipment and supplies identified in the 
                reports required by subsection (c); and
                    (B) issue rated priority purchase orders pursuant 
                to Department of Defense Directive 4400.1, part 101, 
                subpart A of title 45, Code of Federal Regulations, or 
                any other applicable acquisition authority, to procure 
                equipment and supplies identified in the reports 
                required by subsection (c).
            (2) Disposition of unused equipment and supplies.--Any 
        equipment or supplies produced pursuant to paragraph (1) using 
        amounts from the Defense Production Act Fund and in excess of 
        needs identified in reports required by subsection (c) shall be 
        deposited in the Strategic National Stockpile.
            (3) Authorization of congress to impose price controls.--
        Paragraph (1)(A) shall be deemed to be a joint resolution 
        authorizing the imposition of price controls for purposes of 
        section 104(a) of the Defense Production Act of 1950 (50 U.S.C. 
        4514(a)).
    (e) Waiver of Certain Requirements.--The requirements of sections 
301(d)(1)(A), 302(d)(1), and subparagraphs (B) and (C) of section 
303(a)(6) of the Defense Production Act of 1950 (50 U.S.C. 
4531(d)(1)(A), 4532(d)(1), and 4533(a)(6)) are waived for purposes of 
this section until the termination date described in subsection (a)(6).
    (f) 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 for purchases made under this section.
    (g) Definitions.--In this section:
            (1) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term ``Indian tribe'' in section 4 of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 5304).
            (2) Indian health service area.--The term ``Indian Health 
        Service area'' has the meaning given the term ``Service area'' 
        in section 4 of the Indian Health Care Improvement Act (25 
        U.S.C. 1603).
            (3) State.--The term ``State'' means each State of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, American Samoa, Guam, the Commonwealth of the 
        Northern Mariana Islands, the Virgin Islands of the United 
        States, and any other territory or possession of the United 
        States.
            (4) Uniformed services.--The term ``uniformed services'' 
        has the meaning given that term in section 101 of title 37, 
        United States Code.

SEC. 3. ANNUAL COMPTROLLER GENERAL REPORT.

    Not later than 180 days after the date of the enactment of this 
Act, and annually thereafter, the Comptroller General of the United 
States shall submit to Congress a report assessing the Strategic 
National Stockpile, including--
            (1) recommendations for preparing for and responding to 
        future pandemics;
            (2) recommendations for changes to the Strategic National 
        Stockpile, including to the management of the stockpile;
            (3) in the case of the first report required to be 
        submitted under this section--
                    (A) an assessment with respect to how much personal 
                protective equipment used for the COVID-19 response was 
                sourced within the United States and how much was 
                sourced from the People's Republic of China and other 
                foreign countries; and
                    (B) recommendations with respect to how to ensure 
                that the United States supply chain for personal 
                protective equipment is better equipped to respond to 
                emergencies, including through the use of funds in the 
                Defense Production Act Fund under section 304 of the 
                Defense Production Act of 1950 (50 U.S.C. 4534) to 
                address shortages in that supply chain; and
            (4) in the case of each subsequent report required to be 
        submitted under this section--
                    (A) an assessment with respect to how much personal 
                protective equipment was imported into the United 
                States in the year preceding submission of the report 
                and, of that equipment, how much would be used to 
                prepare for and respond to a future pandemic; and
                    (B) a review of the implementation during that year 
                of the recommendations required by paragraph (3)(B).

SEC. 4. OVERSIGHT.

    (a) In General.--The Chairperson of the Council of the Inspectors 
General on Integrity and Efficiency shall designate any Inspector 
General responsible for conducting oversight of any program or 
operation performed in support of this Act to oversee the 
implementation of this Act, to the maximum extent practicable and 
consistent with the duties, responsibilities, policies, and procedures 
of that Inspector General.
    (b) Removal.--The designation of an Inspector General under 
subsection (a) may be terminated only for permanent incapacity, 
inefficiency, neglect of duty, malfeasance, or conviction of a felony 
or conduct involving moral turpitude.
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