[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4204 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4204

  To establish an Interagency Task Force to analyze preparedness for 
              national pandemics, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              July 2, 2020

  Mr. Johnson introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
  To establish an Interagency Task Force to analyze preparedness for 
              national pandemics, 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 ``Federal Emergency Pandemic Response 
Act''.

SEC. 2. INTERAGENCY TASK FORCE TO ANALYZE PREPAREDNESS FOR NATIONAL 
              PANDEMIC.

    (a) In General.--The Secretary of Homeland Security shall convene 
an Interagency Task Force (referred to in this section as the ``Task 
Force'') of Federal entities for the purpose of analyzing the 
preparedness of the United States for national pandemics.
    (b) Participants.--The Task Force shall be comprised of the 
following members:
            (1) The Secretary of Homeland Security.
            (2) The Under Secretary for Management of the Department of 
        Homeland Security.
            (3) The Administrator of the Federal Emergency Management 
        Agency.
            (4) The Administrator of the Transportation Security 
        Agency.
            (5) The Director of the Office of Countering Weapons of 
        Mass Destruction.
            (6) The Secretary of Health and Human Services.
            (7) The Secretary of Defense.
            (8) The Director of the Office of Management and Budget.
            (9) Any other head of a Federal agency as the Secretary of 
        Homeland Security determines necessary.
    (c) Responsibilities.--The Task Force shall--
            (1) determine the mission of the Strategic National 
        Stockpile and clearly define it;
            (2) examine whether the mission statement determined under 
        paragraph (1) aligns with the name of the Strategic National 
        Stockpile and consider whether it is necessary to change the 
        name;
            (3) perform an assessment of the current inventory and 
        future inventory needs of the Strategic National Stockpile, 
        including--
                    (A) list all current medical supplies, equipment 
                and other items in the stockpile;
                    (B) determine the appropriate inventory levels for 
                each item identified under subparagraph (A) in the 
                stockpile;
                    (C) determine the appropriate location or locations 
                for storing the stockpile, and which Federal agency 
                should be responsible for maintaining the inventory;
                    (D) develop a plan to ensure the proper maintenance 
                of the inventory, including when supplies and equipment 
                need to be rotated or disposed of; and
                    (E) develop a plan to ensure maximum interagency 
                coordination of the management of the stockpile;
            (4) consider any other measures relating to the Strategic 
        National Stockpile necessary to ensure that the stockpile is 
        appropriately resourced for future pandemic and related 
        emergencies;
            (5) share the information developed under paragraphs (1) 
        through (4) with the National Response Coordination Center; and
            (6) not later than 180 days after the date of enactment of 
        this Act, submit a report to Congress on the recommendations of 
        the Task Force developed under paragraphs (1) through (4).

SEC. 3. ESTABLISHMENT OF THE UNIFIED COORDINATION GROUP WITHIN THE 
              FEDERAL EMERGENCY MANAGEMENT AGENCY.

    (a) Establishment.--There is established within the executive 
branch the Unified Coordination Group lead by the Administrator of the 
Federal Emergency Management Agency.
    (b) Other Participants.--In addition to the Administrator of the 
Federal Emergency Management agency, the Unified Coordination Group 
shall include--
            (1) the Assistant Secretary for Preparedness and Response 
        at the Department of Health and Human Services;
            (2) the Assistant Secretary for Health at the Department of 
        Health and Human Services; and
            (3) the Director of the Centers of Disease Control and 
        Prevention at the Department of Health and Human Services.
    (c) Activating the Unified Coordination Group.--The Unified 
Coordination Group shall only be activated upon--
            (1) the issuance of a public health emergency by the 
        Secretary of Health and Human Services;
            (2) an emergency declaration by the Administrator of the 
        Federal Emergency Management Agency; or
            (3) a major disaster declaration as determined by the 
        President in response to a public health pandemic.
    (d) Responsibilities.--The Unified Coordination Group shall--
            (1) identify and periodically reevaluate the needs of the 
        Strategic National Stockpile;
            (2) refer the information described in paragraph (1) to the 
        National Response Coordination Center at the Federal Emergency 
        Management Agency, and the Department of Health and Human 
        Services; and
            (3) share the information gathered from the 
        responsibilities in paragraphs (1) and (2) with the National 
        Response Coordination Center.

SEC. 4. ESTABLISHMENT OF THE SUPPLY CHAIN STABILIZATION TASK FORCE 
              WITHIN THE FEDERAL EMERGENCY MANAGEMENT AGENCY.

    (a) Establishment.--There is established within the Federal 
Emergency Management Agency a Supply Chain Stabilization Task Force to 
address the supply of critical protective and life saving equipment.
    (b) Responsibilities.--The Supply Chain Stabilization Task Force 
shall--
            (1) develop a plan for how the Federal Government will--
                    (A) preserve and replenish inventoried equipment, 
                including how to extend the shelf life of personal 
                protective equipment and other supplies, including 
                developing and verifying techniques to clean and 
                recycle necessary equipment;
                    (B) accelerate the production of equipment in the 
                event of an emergency, including working with the 
                private sector to determine--
                            (i) the current United States manufacturing 
                        capacity of necessary equipment;
                            (ii) the expected timeframes for global 
                        vendors to deliver necessary equipment to 
                        United States distributors; and
                            (iii) how the production and access to 
                        necessary equipment would be affected in the 
                        event of a global pandemic;
                    (C) expand the production of necessary equipment, 
                including working with the private sector to identify 
                excess raw materials, workforce, or factory production 
                capacity in response to a pandemic that are necessary 
                to address and overcome supply shortfalls; and
                    (D) equitably allocate the equipment in the event 
                of a pandemic, including working with major commercial 
                distributors to distribute the rapid distribution of 
                critical resources in short supply to areas most in 
                need during a pandemic; and
            (2) participate in information sharing with the National 
        Response Coordination Center in developing the plan required 
        under paragraph (1).
    (c) Authority.--If necessary to meet current demand in the event of 
a pandemic, the Secretary of Homeland Security may delegate to the 
Administrator of the Federal Emergency Management Agency, acting 
through the Supply Chain Stabilization Task Force, the authority to 
enter into contractual agreements with private shipping companies by 
covering costs for direct shipping from oversees factories into United 
States airports for the purposes of obtaining personal protective 
equipment.

SEC. 5. NATIONAL RESPONSE COORDINATION CENTER ROLE IN IMPROVING 
              TRANSPARENCY.

    (a) Coordination With States.--The National Response Coordination 
Center, acting through the appropriate Federal Emergency Management 
Agency Regional Administrators, shall--
            (1) request voluntary information from States regarding 
        their holdings of equipment and medical supply necessary in the 
        event of a pandemic; and
            (2) share information with States regarding the Federal 
        Government's current inventory and plan developed under section 
        4(b)(1).
    (b) Report to Congress.--The National Response Coordination Center 
shall provide an annual report to Congress on the activities under this 
section.

SEC. 6. OTHER AUTHORITIES.

    (a) In General.--The Administrator of the Federal Emergency 
Management Agency, in coordination with the Secretary of Health and 
Human Services, may sell medical supplies and equipment maintained in 
the Strategic National Stockpile, or its successor, to the private, 
nonprofit, or State, local, Tribal, or territorial entity for immediate 
use and distribution that are--
            (1) within 1 year of the medial product or equipment's 
        expiration date; or
            (2) the item maintained in the inventory is determined to 
        no longer be necessary to be maintained in the inventory due to 
        advances in medical and technical capabilities.
    (b) Requirement.--The Administrator of the Federal Emergency 
Management Agency, in coordination with the Secretary of Health and 
Human Services, shall monitor the inventory stockpile levels, economic 
and healthcare models, and evaluate available data on supply and demand 
trends to restock and increase the inventory of supplies maintained in 
the Strategic National Stockpile or its successor.
    (c) Authorization of Transfer of Equipment.--During a public health 
emergency declared by the Secretary of Health and Human Services under 
section 319(a) of the Public Health Service Act (42 U.S.C. 247d(a)), 
the Secretary of Homeland Security, at the request of the Secretary of 
Health and Human Services, may transfer to the Department of Health and 
Human Services, on a reimbursable basis, personal protection equipment 
or medically necessary equipment in the possession of the Department.
    (d) Determination by Secretaries.--
            (1) In general.--In carrying out subsection (c)--
                    (A) before requesting a transfer under subsection 
                (c), the Secretary of Health and Human Services shall 
                determine whether the personal protection equipment or 
                medically necessary equipment is otherwise available, 
                including available by required performance of a 
                contract or order under section 101 of the Defense 
                Production Act of 1950 (50 U.S.C. 4511); and
                    (B) the Secretary of Homeland Security shall 
                determine whether the personal protection equipment or 
                medically necessary equipment requested to be 
                transferred under subsection (c) is excess equipment.
            (2) Notification.--The Secretary of Health and Human 
        Services and the Secretary shall each submit to Congress a 
        notification explaining the determination made under 
        subparagraphs (A) and (B), respectively, of paragraph (1).
            (3) Required inventory.--The Secretary of Homeland Security 
        shall--
                    (A) maintain an inventory of all personal 
                protection equipment and medically necessary equipment 
                in the possession of the Department; and
                    (B) make the inventory required under paragraph (1) 
                available, on a continual basis, to--
                            (i) the Secretary of Health and Human 
                        Services; and
                            (ii) the Committee on Appropriations and 
                        the Committee on Homeland Security and 
                        Governmental Affairs of the Senate and the 
                        Committee on Appropriations and the Committee 
                        on Homeland Security of the House of 
                        Representatives.
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