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

<DOC>





                                                       Calendar No. 573
116th CONGRESS
  2d Session
                                S. 4204

                          [Report No. 116-279]

  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 (for himself and Mr. Scott of Florida) introduced the 
 following bill; which was read twice and referred to the Committee on 
               Homeland Security and Governmental Affairs

                            October 19, 2020

               Reported by Mr. Johnson, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Federal Emergency Pandemic 
Response Act''.</DELETED>

<DELETED>SEC. 2. INTERAGENCY TASK FORCE TO ANALYZE PREPAREDNESS FOR 
              NATIONAL PANDEMIC.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Participants.--The Task Force shall be comprised of 
the following members:</DELETED>
        <DELETED>    (1) The Secretary of Homeland Security.</DELETED>
        <DELETED>    (2) The Under Secretary for Management of the 
        Department of Homeland Security.</DELETED>
        <DELETED>    (3) The Administrator of the Federal Emergency 
        Management Agency.</DELETED>
        <DELETED>    (4) The Administrator of the Transportation 
        Security Agency.</DELETED>
        <DELETED>    (5) The Director of the Office of Countering 
        Weapons of Mass Destruction.</DELETED>
        <DELETED>    (6) The Secretary of Health and Human 
        Services.</DELETED>
        <DELETED>    (7) The Secretary of Defense.</DELETED>
        <DELETED>    (8) The Director of the Office of Management and 
        Budget.</DELETED>
        <DELETED>    (9) Any other head of a Federal agency as the 
        Secretary of Homeland Security determines necessary.</DELETED>
<DELETED>    (c) Responsibilities.--The Task Force shall--</DELETED>
        <DELETED>    (1) determine the mission of the Strategic 
        National Stockpile and clearly define it;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (3) perform an assessment of the current inventory 
        and future inventory needs of the Strategic National Stockpile, 
        including--</DELETED>
                <DELETED>    (A) list all current medical supplies, 
                equipment and other items in the stockpile;</DELETED>
                <DELETED>    (B) determine the appropriate inventory 
                levels for each item identified under subparagraph (A) 
                in the stockpile;</DELETED>
                <DELETED>    (C) determine the appropriate location or 
                locations for storing the stockpile, and which Federal 
                agency should be responsible for maintaining the 
                inventory;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (E) develop a plan to ensure maximum 
                interagency coordination of the management of the 
                stockpile;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (5) share the information developed under 
        paragraphs (1) through (4) with the National Response 
        Coordination Center; and</DELETED>
        <DELETED>    (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).</DELETED>

<DELETED>SEC. 3. ESTABLISHMENT OF THE UNIFIED COORDINATION GROUP WITHIN 
              THE FEDERAL EMERGENCY MANAGEMENT AGENCY.</DELETED>

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

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

<DELETED>    (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.</DELETED>
<DELETED>    (b) Responsibilities.--The Supply Chain Stabilization Task 
Force shall--</DELETED>
        <DELETED>    (1) develop a plan for how the Federal Government 
        will--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) accelerate the production of equipment 
                in the event of an emergency, including working with 
                the private sector to determine--</DELETED>
                        <DELETED>    (i) the current United States 
                        manufacturing capacity of necessary 
                        equipment;</DELETED>
                        <DELETED>    (ii) the expected timeframes for 
                        global vendors to deliver necessary equipment 
                        to United States distributors; and</DELETED>
                        <DELETED>    (iii) how the production and 
                        access to necessary equipment would be affected 
                        in the event of a global pandemic;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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</DELETED>
        <DELETED>    (2) participate in information sharing with the 
        National Response Coordination Center in developing the plan 
        required under paragraph (1).</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 5. NATIONAL RESPONSE COORDINATION CENTER ROLE IN 
              IMPROVING TRANSPARENCY.</DELETED>

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

<DELETED>SEC. 6. OTHER AUTHORITIES.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) within 1 year of the medial product or 
        equipment's expiration date; or</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) Determination by Secretaries.--</DELETED>
        <DELETED>    (1) In general.--In carrying out subsection (c)--
        </DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (3) Required inventory.--The Secretary of Homeland 
        Security shall--</DELETED>
                <DELETED>    (A) maintain an inventory of all personal 
                protection equipment and medically necessary equipment 
                in the possession of the Department; and</DELETED>
                <DELETED>    (B) make the inventory required under 
                paragraph (1) available, on a continual basis, to--
                </DELETED>
                        <DELETED>    (i) the Secretary of Health and 
                        Human Services; and</DELETED>
                        <DELETED>    (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.</DELETED>

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 Director of the Office of Management and 
Budget or the head of another Federal agency, as determined by the 
Director of the Office of Management and Budget, 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 Director of the Office of Minority Health.
            (3) The Director of the Indian Health Service.
            (4) The Under Secretary for Management of the Department of 
        Homeland Security.
            (5) The Administrator of the Federal Emergency Management 
        Agency.
            (6) The Administrator of the Transportation Security 
        Administration.
            (7) The Assistant Secretary of the Office of Countering 
        Weapons of Mass Destruction.
            (8) The Chief Medical Officer of the Department of Homeland 
        Security.
            (9) The Secretary of Health and Human Services.
            (10) The Assistant Secretary for Preparedness and Response 
        of the Department of Health and Human Services.
            (11) The Director of the Centers for Disease Control and 
        Prevention.
            (12) The Secretary of Defense.
            (13) The Director of the Office of Management and Budget.
            (14) Any other head of a Federal agency as the Director of 
        the Office of Management and Budget determines necessary.
            (15) Any other representatives of relevant entities, 
        including State, local, Tribal, and territorial public health 
        officials, representatives from private and nonprofit sector 
        healthcare organizations, and entities the Director of the 
        Office of Management of Budget 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 by--
                    (A) listing all current medical supplies, 
                equipment, and other items in the stockpile;
                    (B) determining the appropriate inventory levels 
                for each item identified under subparagraph (A) in the 
                stockpile, which shall include--
                            (i) an assessment of information obtained 
                        from State, local, Tribal, and territorial 
                        governments on historical and current estimates 
                        of inventory requirements for pandemic-related 
                        items; and
                            (ii) a comparison of inventory requirements 
                        identified in subparagraph (G)(ii) with the 
                        currently available inventory and supply chain 
                        activity;
                    (C) determining how the stockpile will be resourced 
                and funded to ensure long-term sustainability and 
                inventory refresh;
                    (D) determining the appropriate location or 
                locations for storing the stockpile, as well as 
                approaches to building a stockpile, such as 
                consolidated or distributed, and which Federal agency 
                should be responsible for maintaining the inventory;
                    (E) developing a plan to ensure the proper 
                maintenance of the inventory, including when supplies 
                and equipment need to be rotated or disposed of;
                    (F) developing a plan to ensure maximum interagency 
                coordination, to include public health in the 
                management of the stockpile;
                    (G) developing a plan for how the Federal 
                Government will identify and assess weaknesses in the 
                supply chain, including how to--
                            (i) address the supply of critical 
                        protective and life-saving equipment, 
                        pharmaceuticals, and medicine;
                            (ii) 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;
                            (iii) accelerate the production of 
                        equipment in the event of an emergency, 
                        including working with the private sector to 
                        determine--
                                    (I) the current manufacturing 
                                capacity of necessary equipment in the 
                                United States;
                                    (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;
                            (iv) 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
                            (v) equitably allocate, to the extent 
                        practicable, 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
                    (H) providing recommendations on whether the 
                Strategic National Stockpile should include equipment 
                and supplies for small scale and customizable 
                manufacturing capabilities, such as 3D printing or 
                other mobile manufacturing technologies;
            (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) evaluate ways to enhance the biosurveillance efforts in 
        the United States to include actions to address infectious 
        disease threats;
            (6) propose best practices on the procurement, 
        distribution, and replenishment of key technologies, 
        capabilities, drugs, vaccines and other biological products, 
        medical devices, and other supplies (including personal 
        protective equipment) within the Strategic National Stockpile 
        recommended by the Federal Government, in peer-reviewed 
        academic journals, or other science-based publications;
            (7) evaluate the management, accuracy, application, and 
        intended use by State, local, territorial, and Tribal officials 
        of any centralized databases that the Federal Government 
        maintains to readily determine all drugs, vaccines and other 
        biological products, medical devices, and other supplies 
        (including personal protective equipment) available within the 
        Strategic National Stockpile, including the physical location 
        and expiration date of each such item;
            (8) not later than 30 days after the date on which the Task 
        Force first meets, and every other month thereafter, submit to 
        Congress and the Federal Emergency Management Agency a report 
        that includes--
                    (A) the identification of communities that lack 
                resources to combat the COVID-19 pandemic, including 
                personal protective equipment, ventilators, hospital 
                beds, testing kits, testing supplies, vaccinations 
                (when available), resources to conduct surveillance and 
                contact tracing, funding, staffing, and other resources 
                the Task Force deems essential as needs arise;
                    (B) the identification of communities where racial 
                and ethnic disparities in COVID-19 infection, 
                hospitalization, and death rates are out of proportion 
                to the community's population by a certain threshold, 
                to be determined by the Task Force based on available 
                public health data;
                    (C) recommendations about how to best allocate 
                critical COVID-19 resources to--
                            (i) communities with disproportionately 
                        high COVID-19 infection, hospitalization, and 
                        death rates;
                            (ii) communities with high social 
                        vulnerabilities to COVID-19 infection; and
                            (iii) communities identified in 
                        subparagraph (B);
                    (D) with respect to communities that are able to 
                reduce racial and ethnic disparities effectively, a 
                description of best practices involved; and
                    (E) a list of experts consulted and the timeline 
                and substance of the consultation;
            (9) share the information developed under paragraphs (1) 
        through (8) with the National Response Coordination Center and 
        public health organizations;
            (10) not later than 1 year 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 (8), 
        which shall be submitted in an unclassified form, but may 
        include a classified annex; and
            (11) carry out any other responsibilities determined 
        appropriate by the Director of the Office of Management and 
        Budget.
    (d) General Consultation.--In carrying out the reporting 
requirement described in subsection (c)(8), the task force shall 
consult with individuals with expertise in addressing racial and ethnic 
disparities, including health professionals, policy experts, and 
representatives from community-based organizations from communities 
identified as disproportionately impacted by COVID-19.

SEC. 3. NATIONAL RESPONSE COORDINATION CENTER ROLE IN IMPROVING 
              TRANSPARENCY.

    (a) Coordination With States.--During pandemic and related public 
health emergencies involving the Federal Emergency Management Agency, 
the National Response Coordination Center, acting through the 
appropriate Federal Emergency Management Agency Regional 
Administrators, shall--
            (1) request voluntary information from State, local, 
        Tribal, and territorial governments regarding their holdings of 
        equipment and medical supplies necessary during a public health 
        emergency response period; and
            (2) share information with State, local, Tribal, and 
        territorial governments regarding the inventory of the Federal 
        Government inventory and the plan developed under section 
        2(c)(3)(G).
    (b) Report to Congress.--The National Response Coordination Center 
shall provide an annual report to Congress on the activities under this 
section.

SEC. 4. OTHER AUTHORITIES.

    (a) In General.--The Secretary of Health and Human Services, in 
coordination with the Secretary of Homeland Security, may sell drugs, 
vaccines and other biological products, medical devices, or other 
supplies maintained in the Strategic National Stockpile, or its 
successor, to a Federal agency or private, nonprofit, State, local, 
Tribal, or territorial entity for immediate use and distribution, 
provided that any such items being sold are--
            (1) within 1 year of their expiration date; or
            (2) determined by the Secretary of Health and Human 
        Services to no longer be needed in the stockpile due to 
        advances in medical or technical capabilities.
    (b) 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, excess personal protective 
equipment or medically necessary equipment in the possession of the 
Department.
    (c) Determination by Secretaries.--
            (1) In general.--In carrying out this section--
                    (A) before requesting a transfer under subsection 
                (b), the Secretary of Health and Human Services shall 
                determine whether the personal protective equipment or 
                medically necessary equipment is otherwise available; 
                and
                    (B) before initiating a transfer under subsection 
                (b), the Secretary of Homeland Security, in 
                consultation with the heads of each component within 
                the Department of Homeland Security, shall--
                            (i) determine whether the personal 
                        protective equipment or medically necessary 
                        equipment requested to be transferred under 
                        subsection (b) is excess equipment; and
                            (ii) certify that the transfer of the 
                        personal protective equipment or medically 
                        necessary equipment will not adversely impact 
                        the health or safety of officers, employees, or 
                        contractors of the Department of Homeland 
                        Security.
            (2) Notification.--The Secretary of Health and Human 
        Services and the Secretary of Homeland Security shall each 
        submit to Congress a notification explaining the determination 
        made under subparagraphs (A) and (B), respectively, of 
        paragraph (1).
            (3) Required inventory.--
                    (A) In general.--The Secretary of Homeland Security 
                shall--
                            (i) acting through the Chief Medical 
                        Officer of the Department of Homeland Security, 
                        maintain an inventory of all personal 
                        protective equipment and medically necessary 
                        equipment in the possession of the Department; 
                        and
                            (ii) make the inventory required under 
                        clause (i) 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.
                    (B) Form.--Each inventory required to be made 
                available under subparagraph (A) shall be submitted in 
                unclassified form, but may include a classified annex.
                                                       Calendar No. 573

116th CONGRESS

  2d Session

                                S. 4204

                          [Report No. 116-279]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                            October 19, 2020

                       Reported with an amendment