[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.
____________________