[Congressional Record Volume 167, Number 88 (Thursday, May 20, 2021)]
[Senate]
[Pages S3250-S3251]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1803. Mr. DURBIN (for himself and Mr. Cassidy) submitted an 
amendment intended to be proposed to amendment SA 1502 proposed by Mr. 
Schumer to the bill S. 1260, to establish a new Directorate for 
Technology and Innovation in the National Science Foundation, to 
establish a regional technology hub program, to require a strategy and 
report on economic security, science, research, innovation, 
manufacturing, and job creation, to establish a critical supply chain 
resiliency program, and for other purposes; which was ordered to lie on 
the table; as follows:

       Strike paragraph (3) of section 4153(f) and insert the 
     following:
       (3) Strategic national stockpile.--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) Transfer of items.--
       ``(A) In general.--During the 6-year period that begins on 
     the date of enactment of this paragraph, the Secretary, in 
     coordination with the Secretary of Homeland Security, may, at 
     appropriate intervals, sell or transfer drugs, vaccines and 
     other biological products, medical devices, or other supplies 
     maintained in the stockpile under paragraph (1) to a Federal 
     agency or private, nonprofit, State, local, tribal, or 
     territorial entity.
       ``(B) Requirements.--In carrying out subparagraph (A), the 
     Secretary--
       ``(i) shall, on a regular basis, assess the stock of such 
     equipment and communicate to manufacturers and suppliers of 
     such equipment to the stockpile under paragraph (1) if such 
     assessment indicates that there will be an increased need for 
     such equipment;
       ``(ii) shall, for any sale or transfer or any such 
     equipment, do so at a competitive and fair price, as 
     determined by the Secretary, taking into account the current 
     market pricing for the applicable equipment and the 
     operational budget for the stockpile;
       ``(iii) shall, prior to any sale of such equipment in the 
     commercial market, including a sale to a private or nonprofit 
     entity described in subparagraph (A), provide adequate 
     notification to relevant manufacturers, distributors, or 
     other appropriate entities in order to mitigate any 
     commercial disruption from such sale;
       ``(iv) may enter into a contract or cooperative agreement 
     with an entity that has expertise in supply chain logistics 
     and management, including a group purchasing organization or 
     medical product distributor, to carry out activities 
     described in this paragraph, which may include facilitating 
     timeliness, logistical assistance, appropriate pricing, and 
     to determine appropriate amounts of such equipment; and
       ``(v) may, for purposes of meeting the goals described in 
     subparagraph (A), and to promote efficient and predictable 
     operations of the stockpile while mitigating the risk of 
     product expiration or shortages, enter into arrangements, 
     through a competitive bidding process, with one or more 
     manufacturers or such products to establish and utilize 
     revolving stockpiles of such products managed and operated by 
     such manufacturer.
       ``(C) Revolving stockpile arrangements.--Under an 
     arrangement described in subparagraph (B)(v)--
       ``(i) the manufacturer (or a subcontractor or agent of the 
     manufacturer)--

       ``(I) shall--

       ``(aa) produce or procure such equipment for the stockpile 
     under paragraph (1);
       ``(bb) maintain constant supply, possession, and re-
     stocking capacity of such equipment in such quantities as the 
     Secretary requires for purposes of the stockpile under 
     paragraph (1); and
       ``(cc) fulfill or support the deployment, distribution, or 
     dispensing functions of the stockpile at the State and local 
     levels, consistent with paragraph (3); and

       ``(II) may sell or transfer such equipment for the purposes 
     of the manufacturer's existing inventory and commercial 
     contracts; and

       ``(ii) the Secretary shall pay a management fee, which may 
     include compensation to the manufacturer for such equipment, 
     as appropriate.
       ``(D) Compensation to hhs.--In the case of a sale or 
     transfer of such equipment to an entity described in 
     subparagraph (A), the proceeds from the sale shall be 
     transferred to the Secretary and be made available, without 
     further appropriation, until expended, for purposes of 
     procuring such equipment for the stockpile under paragraph 
     (1).''.

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