[Congressional Record Volume 166, Number 163 (Monday, September 21, 2020)]
[House]
[Pages H4618-H4620]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    STRENGTHENING AMERICA'S STRATEGIC NATIONAL STOCKPILE ACT OF 2020

  Mrs. DINGELL. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 7574) to amend the Public Health Service Act with respect to 
the Strategic National Stockpile, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 7574

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Strengthening America's Strategic National Stockpile Act of 
     2020''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Reimbursable transfers.
Sec. 3. Equipment maintenance.
Sec. 4. Supply chain flexibility manufacturing pilot.
Sec. 5. GAO study on the feasibility and benefits of a user fee 
              agreement.
Sec. 6. Grants for State strategic stockpiles.
Sec. 7. Action reporting.
Sec. 8. Improved, transparent processes.
Sec. 9. Authorization of appropriations.

     SEC. 2. REIMBURSABLE TRANSFERS.

       Section 319F-2(a) of the Public Health Service Act (42 
     U.S.C. 247d-6b(a)) is amended by adding at the end the 
     following:
       ``(6) Transfers and reimbursements.--
       ``(A) In general.--Without regard to chapter 5 of title 40, 
     United States Code, the Secretary may transfer to any Federal 
     department or agency, on a reimbursable basis, any drugs, 
     vaccines and other biological products, medical devices, and 
     other supplies in the stockpile if--
       ``(i) the transferred supplies are less than one year from 
     expiry;
       ``(ii) the stockpile is able to replenish the supplies, as 
     appropriate; and
       ``(iii) the Secretary decides the transfer is in the best 
     interest of the United States Government.
       ``(B) Use of reimbursement.--Reimbursement derived from the 
     transfer of supplies pursuant to subparagraph (A) may, to the 
     extent and in the amounts made available in advance in 
     appropriations Acts, be used by the Secretary to carry out 
     this section. Funds made available pursuant to the preceding 
     sentence are in addition to any other funds that may be made 
     available for such purpose.
       ``(C) Rule of construction.--This paragraph shall not be 
     construed to preclude transfers of products in the stockpile 
     under other authorities.
       ``(D) Report.--Not later than September 30, 2022, the 
     Secretary shall submit to the Committee on Energy and 
     Commerce of the House of Representatives and the Committee on 
     Health, Education, Labor, and Pensions of the Senate a report 
     on each transfer made under this paragraph and the amount 
     received by the Secretary in exchange for that transfer.
       ``(E) Sunset.--The authority to make transfers under this 
     paragraph shall cease to be effective on September 30, 
     2023.''.

     SEC. 3. EQUIPMENT MAINTENANCE.

       Section 319F-2 of the Public Health Service Act (42 U.S.C. 
     247d-6b) is amended--
       (1) in subsection (a)(3)--
       (A) in subparagraph (I), by striking ``; and'' and 
     inserting a semicolon;
       (B) in subparagraph (J), by striking the period at the end 
     and inserting a semicolon; and
       (C) by inserting the following new subparagraph at the end:
       ``(K) ensure contents of the stockpile remain in good 
     working order and, as appropriate, conduct maintenance 
     services on contents of the stockpile; and''; and
       (2) in subsection (c)(7)(B), by adding at the end the 
     following new clause:
       ``(ix) Equipment maintenance service.--In carrying out this 
     section, the Secretary may enter into contracts for the 
     procurement of equipment maintenance services.''.

     SEC. 4. SUPPLY CHAIN FLEXIBILITY MANUFACTURING PILOT.

       (a) In General.--Section 319F-2(a)(3) of the Public Health 
     Service Act (42 U.S.C. 247d-6b(a)(3)), as amended by section 
     3, is further amended by adding at the end the following new 
     subparagraph:
       ``(L) enhance medical supply chain elasticity and establish 
     and maintain domestic reserves of critical medical supplies 
     (including personal protective equipment, ancillary medical 
     supplies, and other applicable supplies required for the 
     administration of drugs, vaccines and other biological 
     products, and other medical devices (including diagnostic 
     tests)) by--
       ``(i) increasing emergency stock of critical medical 
     supplies;
       ``(ii) geographically diversifying domestic production of 
     such medical supplies, as appropriate;
       ``(iii) entering into cooperative agreements or 
     partnerships with respect to manufacturing lines, facilities, 
     and equipment for the domestic production of such medical 
     supplies; and

[[Page H4619]]

       ``(iv) managing, either directly or through cooperative 
     agreements with manufacturers and distributors, domestic 
     reserves established under this subparagraph by refreshing 
     and replenishing stock of such medical supplies.''.
       (b) Reporting; Sunset.--Section 319F-2(a) of the Public 
     Health Service Act (42 U.S.C. 247d-6b(a)), as amended by 
     section 2, is further amended by adding at the end the 
     following:
       ``(7) Reporting.--Not later than September 30, 2022, the 
     Secretary shall submit to the Committee on Energy and 
     Commerce of the House of Representatives and the Committee on 
     Health, Education, Labor and Pensions of the Senate a report 
     on the details of each cooperative agreement or partnership 
     entered into under paragraph (3)(L), including the amount 
     expended by the Secretary on each such cooperative agreement 
     or partnership.
       ``(8) Sunset.--The authority to enter into cooperative 
     agreements or partnerships pursuant to paragraph (3)(L) shall 
     cease to be effective on September 30, 2023.''.
       (c) Funding.--Section 319F-2(f) of the Public Health 
     Service Act (42 U.S.C. 247d-6b(f)) is amended by adding at 
     the end the following:
       ``(3) Supply chain elasticity.--
       ``(A) In general.--For the purpose of carrying out 
     subsection (a)(3)(L), there is authorized to be appropriated 
     $500,000,000 for each of fiscal years 2021 through 2023, to 
     remain available until expended.
       ``(B) Relation to other amounts.--The amount authorized to 
     be appropriated by subparagraph (A) for the purpose of 
     carrying out subsection (a)(3)(L) is in addition to any other 
     amounts available for such purpose.''.

     SEC. 5. GAO STUDY ON THE FEASIBILITY AND BENEFITS OF A USER 
                   FEE AGREEMENT.

       (a) In General.--The Comptroller General of the United 
     States shall conduct a study to investigate the feasibility 
     of establishing user fees to offset certain Federal costs 
     attributable to the procurement of single-source materials 
     for the Strategic National Stockpile under section 319F-2 of 
     the Public Health Service Act (42 U.S.C. 247d-6b) and 
     distributions of such materials from the Stockpile. In 
     conducting this study, the Comptroller General shall 
     consider, to the extent information is available--
       (1) whether entities receiving such distributions generate 
     profits from those distributions;
       (2) any Federal costs attributable to such distributions;
       (3) whether such user fees would provide the Secretary with 
     funding to potentially offset procurement costs of such 
     materials for the Strategic National Stockpile; and
       (4) any other issues the Comptroller General identifies as 
     relevant.
       (b) Report.--Not later than February 1, 2023, the 
     Comptroller General of the United States shall submit to the 
     Congress a report on the findings and conclusions of the 
     study under subsection (a).

     SEC. 6. GRANTS FOR STATE STRATEGIC STOCKPILES.

       Title III of the Public Health Service Act is amended by 
     inserting after section 319F-4 of such Act (42 U.S.C. 247d-
     6e) the following new section:

     ``SEC. 319F-5. GRANTS FOR STATE STRATEGIC STOCKPILES.

       ``(a) In General.--The Secretary may establish a pilot 
     program consisting of awarding grants to States to expand or 
     maintain a strategic stockpile of commercially available 
     drugs, devices, personal protective equipment, and other 
     products deemed by the State to be essential in the event of 
     a public health emergency.
       ``(b) Allowable Use of Funds.--
       ``(1) Uses.--A State receiving a grant under this section 
     may use the grant funds to--
       ``(A) acquire commercially available products listed 
     pursuant to paragraph (2) for inclusion in the State's 
     strategic stockpile;
       ``(B) store, maintain, and distribute products in such 
     stockpile; and
       ``(C) conduct planning in connection with such activities.
       ``(2) List.--The Secretary shall develop and publish a list 
     of the products that are eligible, as described in subsection 
     (a), for inclusion in a State's strategic stockpile using 
     funds received under this section.
       ``(3) Consultation.--In developing the list under paragraph 
     (2) and otherwise determining the allowable uses of grant 
     funds under this section, the Secretary shall consult with 
     States and relevant stakeholders, including public health 
     organizations.
       ``(c) Funding Requirement.--The Secretary may not obligate 
     or expend any funds to award grants or fund any previously 
     awarded grants under this section for a fiscal year unless 
     the total amount made available to carry out section 319F-2 
     for such fiscal year is equal to or greater than the total 
     amount of funds made available to carry out section 319F-2 
     for fiscal year 2020.
       ``(d) Matching Funds.--
       ``(1) In general.--With respect to the costs of expanding 
     and maintaining a strategic stockpile through a grant under 
     this section, as a condition on receipt of the grant, a State 
     shall make available (directly) non-Federal contributions in 
     cash toward such costs in an amount that is equal to not less 
     than the amount of Federal funds provided through the grant.
       ``(2) Waiver.--The Secretary may waive the requirement of 
     paragraph (1) with respect to a State for the first two years 
     of the State receiving a grant under this section if the 
     Secretary determines that such waiver is needed for the State 
     to establish a strategic stockpile described in subsection 
     (a).
       ``(e) Technical Assistance.--The Secretary shall provide 
     technical assistance to States in establishing, expanding, 
     and maintaining a stockpile described in subsection (a).
       ``(f) Definition.--In this section, the term `drug' has the 
     meaning given to that term in section 201 of the Federal 
     Food, Drug, and Cosmetic Act.
       ``(g) Authorization of Appropriations.--To carry out this 
     section, there is authorized to be appropriated 
     $3,500,000,000 for each of fiscal years 2021 through 2023, to 
     remain available until expended.
       ``(h) Sunset.--The authority vested by this section 
     terminates at the end of fiscal year 2023.''.

     SEC. 7. ACTION REPORTING.

       (a) In General.--The Secretary of Health and Human Services 
     or the Assistant Secretary for Preparedness and Response, in 
     consultation with the Administrator of the Federal Emergency 
     Management Agency, shall--
       (1) not later than 30 days after the date of enactment of 
     this Act, issue a report to the Committee on Energy and 
     Commerce of the House of Representatives and the Committee on 
     Health, Education, Labor, and Pensions of the Senate 
     regarding all State, local, Tribal, and territorial requests 
     for supplies from the Strategic National Stockpile related to 
     COVID-19; and
       (2) not less than every 30 days thereafter through the end 
     of the emergency period (as such term is defined in section 
     1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-
     5(g)(1)(B))), submit to such committees an updated version of 
     such report.
       (b) Reporting Period.--
       (1) Initial report.--The initial report under subsection 
     (a) shall address all requests described in such subsection 
     made during the period--
       (A) beginning on January 31, 2020; and
       (B) ending on the date that is 30 days before the date of 
     submission of the report.
       (2) Updates.--Each update to the report under subsection 
     (a) shall address all requests described in such subsection 
     made during the period--
       (A) beginning at the end of the previous reporting period 
     under this section; and
       (B) ending on the date that is 30 days before the date of 
     submission of the updated report.
       (c) Contents of Report.--The report under subsection (a) 
     (and updates thereto) shall include--
       (1) the details of each request described in such 
     subsection, including--
       (A) the specific medical countermeasures, devices, personal 
     protective equipment, and other materials requested; and
       (B) the amount of such materials requested; and
       (2) the outcomes of each request described in subsection 
     (a), including--
       (A) whether the request was wholly fulfilled, partially 
     fulfilled, or denied;
       (B) if the request was wholly or partially fulfilled, the 
     fulfillment amount; and
       (C) if the request was partially fulfilled or denied, a 
     rationale for such outcome.

     SEC. 8. IMPROVED, TRANSPARENT PROCESSES.

       (a) In General.--Not later than January 1, 2021, the 
     Secretary of Health and Human Services shall develop and 
     implement improved, transparent processes for the use and 
     distribution of drugs, vaccines and other biological 
     products, medical devices, and other supplies (including 
     personal protective equipment, ancillary medical supplies, 
     and other applicable supplies required for the administration 
     of drugs, vaccines and other biological products, medical 
     devices, and diagnostic tests) in the Strategic National 
     Stockpile under section 319F-2 of the Public Health Service 
     Act (42 U.S.C. 247d-6b) (in this section referred to as the 
     ``Stockpile'').
       (b) Processes.--The processes developed under subsection 
     (a) shall include--
       (1) the form and manner in which States, localities, 
     Tribes, and territories are required to submit requests for 
     supplies from the Stockpile;
       (2) the criteria used by the Secretary of Health and Human 
     Services in responding to such requests, including the 
     reasons for fulfilling or denying such requests;
       (3) what circumstances result in prioritization of 
     distribution of supplies from the Stockpile to States, 
     localities, Tribes, or territories;
       (4) clear plans for future, urgent communication between 
     the Secretary and States, localities, Tribes, and territories 
     regarding the outcome of such requests; and
       (5) any differences in the processes developed under 
     subsection (a) for geographically related emergencies, such 
     as weather events, and national emergencies, such as 
     pandemics.
       (c) Classification.--The processes developed under 
     subsection (a) shall be unclassified to the greatest extent 
     possible consistent with national security. The Secretary of 
     Health and Human Services may classify portions of such 
     processes as necessary to protect national security.
       (d) Report to Congress.--Not later than January 1, 2021, 
     the Secretary of Health and Human Services shall--
       (1) submit a report to the Committee on Energy and Commerce 
     of the House of Representatives and the Committee on Health,

[[Page H4620]]

     Education, Labor, and Pensions of the Senate regarding the 
     improved, transparent processes developed under this section;
       (2) include in such report recommendations for 
     opportunities for communication (by telebriefing, phone 
     calls, or in-person meetings) between the Secretary and 
     States, localities, Tribes, and territories regarding such 
     improved, transparent processes; and
       (3) submit such report in unclassified form to the greatest 
     extent possible, except that the Secretary may include a 
     classified appendix if necessary to protect national 
     security.

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       Section 319F-2(f)(1) of the Public Health Service Act (42 
     U.S.C. 247d-6b(f)(1)) is amended by striking ``$610,000,000 
     for each of fiscal years 2019 through 2023'' and inserting 
     ``$705,000,000 for each of fiscal years 2021 through 2023''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Michigan (Mrs. Dingell) and the gentleman from Montana (Mr. Gianforte) 
each will control 20 minutes.
  The Chair recognizes the gentlewoman from Michigan.


                             General Leave

  Mrs. DINGELL. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on H.R. 7574.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Michigan?
  There was no objection.
  Mrs. DINGELL. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of the Strengthening America's 
Strategic National Stockpile Act of 2020.
  This legislation incorporates a number of provisions to modernize the 
Strategic National Stockpile and to ensure that we are adequately 
prepared for future public health emergencies.
  The current COVID-19 pandemic has shown the importance of ensuring 
that the United States has adequate manufacturing capacity and 
stockpiles of PPE and other medical equipment so that America's first 
responders and healthcare workers are prepared for public health 
emergencies.
  In the early days of the pandemic, our frontline healthcare workers 
were forced to rely on deficient equipment from overseas manufacturers 
or expired equipment in the existing Strategic National Stockpile.
  Even today, after months of efforts at the Federal, State, and local 
levels, we continue to face concerning deficiencies in PPE and other 
lifesaving medical equipment.
  We must make robust long-term investments in our Nation's Strategic 
National Stockpile and manufacturing capability to better respond to 
future public health emergencies.
  The Strengthening America's Strategic National Stockpile Act meets 
this need by increasing the annual authorization of the SNS to $705 
million. This will allow the Federal Government to direct appropriate 
resources toward future emergencies.
  The legislation will also allow the SNS to refresh and replenish 
stocks of critical manufacturing supplies before they are expired.
  It also includes a provision my colleague Congresswoman Jackie 
Walorski and I authored to create incentives to geographically 
diversify production of medical supplies and allow the SNS the 
flexibility to enter into leasing or joint ventures with manufacturers 
to quickly scale up production if needed.
  The Strengthening America's Strategic National Stockpile Act is the 
culmination of months of bipartisan work, and I thank Congresswoman 
Slotkin, my colleagues on the Energy and Commerce Committee, as well as 
both Democrat and Republican committee staff for their efforts.
  Mr. Speaker, the Strengthening America's Strategic National Stockpile 
Act is vital to both our public health and national security. I urge my 
colleagues to support this legislation, and I reserve the balance of my 
time.
                                         House of Representatives,


                             Committee on Energy and Commerce,

                               Washington, DC, September 21, 2020.
     Hon. Carolyn B. Maloney,
     Chairwoman, Committee on Oversight and Reform, Washington, 
         DC.
       Dear Chairwoman Maloney: I am writing concerning H.R. 7574, 
     the ``Strengthening America's Strategic National Stockpile 
     Act of 2020,'' which was referred to the Committee on Energy 
     and Commerce on July 13, 2020.
       I appreciate you not seeking a sequential referral of H.R. 
     7574 so that the bill may be considered expeditiously. I 
     acknowledge that forgoing your referral claim does not waive, 
     reduce, or otherwise affect the jurisdiction of the Committee 
     on Oversight and Reform over this legislation, or any 
     appropriate legislation. I will appropriately consult and 
     involve the Committee on Oversight and Reform as this bill 
     progresses. I would support your effort to seek appointment 
     of an appropriate number of conferees from your committee to 
     any House-Senate conference on this legislation.
       I will ensure our letters on H.R. 7574 are entered into the 
     Congressional Record during floor consideration of the bill. 
     I appreciate your cooperation regarding this legislation and 
     look forward to continuing to work together as this measure 
     moves through the legislative process.
           Sincerely,
                                               Frank Pallone, Jr.,
     Chairman.
                                  ____

                                         House of Representatives,


                            Committee on Oversight and Reform,

                               Washington, DC, September 21, 2020.
     Hon. Frank Pallone,
     Chairman, Committee on Energy and Commerce,
     House of Representatives, Washington, DC.
       Dear Chairman Pallone: I am writing to you concerning H.R. 
     7574, the Strengthening America's Strategic National 
     Stockpile Act of 2020. There are certain provisions in the 
     legislation which fall within the Rule X jurisdiction of the 
     Committee on Oversight and Reform.
       In the interest of permitting your Committee to proceed 
     expeditiously on this bill, I am willing to waive this 
     Committee's right to sequential referral. I do so with the 
     understanding that by waiving consideration of the bill, the 
     Committee on Oversight and Reform does not waive any future 
     jurisdictional claim over the subject matters contained in 
     the bill which fall within its Rule X jurisdiction. I request 
     that you urge the Speaker to name Members of this Committee 
     to any conference committee which is named to consider such 
     provisions.
       Please place this letter into the Congressional Record 
     during consideration of the measure on the House floor. Thank 
     you for the cooperative spirit in which you have worked 
     regarding this matter and others between our respective 
     Committees.
           Sincerely,
                                               Carolyn B. Maloney,
                                                       Chairwoman.

  Mr. GIANFORTE. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise today in support of H.R. 7574, the Strengthening 
America's Strategic National Stockpile Act, which was introduced by 
Representatives Slotkin and Brooks.
  The legislation that I cosponsored along with a long bipartisan list 
of others is a combination of bills to improve the Strategic National 
Stockpile, or SNS.
  This includes allowing the SNS to sell off products in the stockpile 
before their expiration so that they could be used.
  It directs the Secretary of Health and Human Services to examine user 
fee agreements, improve maintenance of the stockpile, and allowing for 
agreements with domestic producers of supplies to improve the supply 
chain to refresh and replenish existing stocks.
  It also directs the Federal Emergency Management Agency and the 
Centers for Disease Control to report on distributions from the 
stockpile, as well as requests for supplies from State, local, Tribal, 
and territorial agencies. It would authorize a pilot program for 
establishing State stockpiles and increase the Strategic National 
Stockpile funding authorization to $705 million.
  We need to ensure our country is prepared to deal with whatever 
health crisis it faces, no matter if it is disease, disaster, or 
terrorism.
  I urge my colleagues to support this bipartisan legislation to refill 
and improve the Strategic National Stockpile.
  Mr. Speaker, I urge adoption of this important legislation, and I 
yield back the balance of my time.
  Mrs. DINGELL. Mr. Speaker, I urge my colleagues to support this 
legislation, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Michigan (Mrs. Dingell) that the House suspend the 
rules and pass the bill, H.R. 7574, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________