Director of Pandemic and Biodefense Preparedness and Response Act

I ★ 116TH CONGRESS 2D SESSION H. R. 6610 To establish the Cabinet-level position of Director of Pandemic and Biodefense Preparedness and Response in the executive branch with the responsi- bility of developing a National Pandemic and Biodefense Preparedness and Response Strategy, to prepare for and coordinate the response to future pandemics, biological attacks, and other major health crises, in- cluding coordinating the work of multiple government agencies, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 23, 2020 Mr. ROSE of New York (for himself, Ms. SCANLON, Ms. NORTON, and Ms. JACKSON LEE) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure, Armed Services, Foreign Affairs, and Intelligence (Permanent Select), for a period to be subsequently de- termined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish the Cabinet-level position of Director of Pan- demic and Biodefense Preparedness and Response in the executive branch with the responsibility of developing a National Pandemic and Biodefense Preparedness and Response Strategy, to prepare for and coordinate the response to future pandemics, biological attacks, and other major health crises, including coordinating the work of multiple government agencies, and for other purposes. VerDate Sep 11 2014 23:45 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H6610.IH H6610 pbinns on DSKJLVW7X2PROD with BILLS 2 HR 6610 IH1S Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Director of Pandemic 4 and Biodefense Preparedness and Response Act’’. 5 SEC. 2. FINDINGS; SENSE OF CONGRESS. 6 (a) FINDINGS.—The Congress finds the following: 7 (1) The United States could have, and should 8 have, been significantly more prepared to combat the 9 COVID–19 pandemic. 10 (2) Examples of this are numerous but include 11 the loss of stockpiled ventilators to breakage because 12 the Federal Government let maintenance contracts 13 lapse in 2018, the reuse of personal protective equip- 14 ment that is only sanitary for single-patient use due 15 to shortages, and the scarcity of available testing 16 compared to other nations. 17 (3) The loss of life and harm to the national 18 economy is already staggering yet its extent will not 19 be known for some time. 20 (4) As in previous pandemics and other major 21 health crises, confusion during the COVID–19 pan- 22 demic about which agency was in charge of what 23 and who would coordinate the response of multiple 24 VerDate Sep 11 2014 23:45 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6610.IH H6610 pbinns on DSKJLVW7X2PROD with BILLS 3 HR 6610 IH1S agencies lead to calls for a ‘‘czar’’ to be named, as 1 well as a task force to be created. 2 (5) The Federal Government currently supports 3 pandemic and biodefense preparedness and response 4 in several ways through a myriad of agencies, each 5 responsible for disparate programs and responsibil- 6 ities related to pandemics, biological attacks, and 7 other major health crises. 8 (6) Following the attack on our homeland on 9 September 11, 2001, the Director of National Intel- 10 ligence position was created to ensure the coopera- 11 tion of several agencies in the Intelligence Commu- 12 nity through one Cabinet-level official coordinating 13 between and among multiple Federal agencies 14 charged with breaking down silos while keeping the 15 Nation safe. 16 (7) Preparing the United States for and re- 17 sponding to a future pandemic, biological attack, or 18 other major health crisis should be a top priority 19 across agencies of the Federal Government, yet the 20 COVID–19 pandemic exposed the need for greater 21 cohesion and speed in both preparedness and re- 22 sponse. 23 (8) Various Federal agencies report on rec- 24 ommendations for preparation and response to 25 VerDate Sep 11 2014 23:45 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6610.IH H6610 pbinns on DSKJLVW7X2PROD with BILLS 4 HR 6610 IH1S pandemics, biological attacks, and other major 1 health crises, but no one Federal official can produce 2 and speak with authority on a national pandemic 3 and biodefense preparedness and response strategy 4 or execute such a strategy. 5 (9) A key element for success during response 6 activities will be ‘‘staying ahead of the emergency’’— 7 in other words, being more proactive than reactive. 8 This will require elements including— 9 (A) timely, accurate assessments of newly 10 emerged risks and vulnerabilities; 11 (B) a streamlined, unified effort to lead all 12 Federal Government efforts, coordinate State 13 and local government activities, and provide 14 clear guidance to assets in the private sector; 15 (C) a coordinated national communications 16 program to inform, educate, and gain the trust 17 and support of the American public; and 18 (D) a national leader with the authority, 19 responsibility, and accountability to ensure the 20 most effective coordination of Federal agencies 21 and best use of national assets. 22 (b) SENSE OF CONGRESS.—It is the sense of Con- 23 gress that the creation of the Cabinet-level position of the 24 Director of Pandemic and Biodefense Preparedness and 25 VerDate Sep 11 2014 23:45 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6610.IH H6610 pbinns on DSKJLVW7X2PROD with BILLS 5 HR 6610 IH1S Response and a well-designed National Pandemic and Bio- 1 defense Preparedness and Response Strategy would ben- 2 efit the United States in several important ways, including 3 by ending silos between and among various Federal agen- 4 cies charged with parts of pandemic and biodefense pre- 5 paredness and response, including the Federal Emergency 6 Management Agency, the Centers for Disease Control and 7 Prevention, and the Department of Health and Human 8 Services. 9 SEC. 3. DEFINITIONS. 10 In this Act: 11 (1) AGENCY.—The term ‘‘agency’’ has the 12 meaning given that term in section 551 of title 5, 13 United States Code. 14 (2) NATIONAL PANDEMIC AND BIODEFENSE 15 PREPAREDNESS AND RESPONSE STRATEGY; STRAT- 16 EGY.—Each of the terms ‘‘Pandemic and Biodefense 17 Preparedness and Response Strategy’’ and ‘‘Strat- 18 egy’’ means the strategy developed and submitted to 19 the Congress under section 5, including any report, 20 plan, or strategy required to be incorporated into or 21 issued concurrently with such strategy. 22 VerDate Sep 11 2014 23:45 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6610.IH H6610 pbinns on DSKJLVW7X2PROD with BILLS 6 HR 6610 IH1S SEC. 4. REORGANIZATION AND IMPROVEMENT OF MANAGE- 1 MENT OF FEDERAL PANDEMIC AND BIO- 2 DEFENSE RESPONSE AGENCIES. 3 (a) DIRECTOR OF PANDEMIC AND BIODEFENSE PRE- 4 PAREDNESS AND RESPONSE.— 5 (1) IN GENERAL.—There is a Director of Pan- 6 demic and Biodefense Preparedness and Response 7 who shall be appointed by the President, by and 8 with the advice and consent of the Senate. Any indi- 9 vidual nominated for appointment as Director of 10 Pandemic and Biodefense Preparedness and Re- 11 sponse shall have extensive pandemic and biodefense 12 preparedness and response expertise. 13 (2) LOCATION.—The Director of Pandemic and 14 Biodefense Preparedness and Response shall not be 15 located within the Executive Office of the President. 16 (3) DEADLINE FOR APPOINTMENT.—Not later 17 than 3 months after the date of the enactment of 18 this Act, the President shall appoint a Director of 19 Pandemic and Biodefense Preparedness and Re- 20 sponse. 21 (b) PRINCIPAL RESPONSIBILITIES.—Subject to the 22 authority, direction, and control of the President, the Di- 23 rector of Pandemic and Biodefense Preparedness and Re- 24 sponse shall— 25 VerDate Sep 11 2014 23:45 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6610.IH H6610 pbinns on DSKJLVW7X2PROD with BILLS 7 HR 6610 IH1S (1) serve as head of the Federal national pan- 1 demic and biodefense preparedness and response 2 community; 3 (2) act as the principal adviser to the Presi- 4 dent, the National Security Council, and the Home- 5 land Security Council for pandemic and biodefense 6 preparedness and response; 7 (3) oversee and direct the implementation of 8 the National Pandemic and Biodefense Preparedness 9 and Response Strategy and its execution through the 10 coordination of Federal agencies and through the 11 United States participation in the World Health Or- 12 ganization and other Intergovernmental Organiza- 13 tions; 14 (4) act as the principal adviser to the President 15 in a time of pandemic, biological attack, or other 16 major health crisis; 17 (5) to coordinate the Nation’s response to such 18 a crisis; 19 (6) conduct a simulation exercise at least once 20 each year of the response to a fictional pandemic, bi- 21 ological attack, or other serious health crisis of high- 22 level current and former government and nongovern- 23 mental officials in order to prepare for these poten- 24 tial events; 25 VerDate Sep 11 2014 23:45 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6610.IH H6610 pbinns on DSKJLVW7X2PROD with BILLS 8 HR 6610 IH1S (7) address the organizational structure and 1 chain of command, both in the Federal Government 2 and at the State level; 3 (8) ensure adequate laboratory surveillance of 4 viruses, including the ability to isolate and subtype 5 viruses year-round; 6 (9) improve vaccine research, development, and 7 production; 8 (10) procure adequate doses of antivirals for 9 treatment; 10 (11) develop systems for tracking and distrib- 11 uting antiviral medication and vaccines; 12 (12) prioritize who would receive antivirals and 13 vaccines based on limited supplies; 14 (13) stockpile medical and safety equipment for 15 health care workers and first responders; 16 (14) assure surge capacity capabilities for 17 health care providers and institutions; 18 (15) secure a backup health care workforce in 19 the event of a major health crisis; 20 (16) ensure the availability of food, water, and 21 other essential items during a major health crisis; 22 (17) provide guidance on needed State and local 23 authority to implement public health measures such 24 as isolation or quarantine; 25 VerDate Sep 11 2014 23:45 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6610.IH H6610 pbinns on DSKJLVW7X2PROD with BILLS 9 HR 6610 IH1S (18) maintain core public functions, including 1 public utilities, refuse disposal, mortuary services, 2 transportation, police and firefighter services, and 3 other critical services; 4 (19) establish networks that provide alerts and 5 other information for health care providers; 6 (20) communicate with the public with respect 7 to prevention and obtaining care during a pandemic; 8 (21) provide security for first responders and 9 other medical personnel and volunteers, hospitals, 10 treatment centers, isolation and quarantine areas, 11 and transportation and delivery of resources; and 12 (22) work with established agencies and per- 13 form such other functions or activities as the Presi- 14 dent may assign. 15 (c) PROHIBITION ON DUAL SERVICE.—The indi- 16 vidual serving in the position of Director of Pandemic and 17 Biodefense Preparedness and Response shall not, while so 18 serving, also serve as the head of any other agency of the 19 Federal Government. 20 (d) NATIONAL SECURITY COUNCIL.—The Director of 21 Pandemic and Biodefense Preparedness and Response 22 shall be a member of the National Security Council. 23 (e) EXISTING FEDERAL AGENCIES.—Not later than 24 90 days after the date of the enactment of this Act the 25 VerDate Sep 11 2014 23:45 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H6610.IH H6610 pbinns on DSKJLVW7X2PROD with BILLS 10 HR 6610 IH1S Director of Pandemic and Biodefense Preparedness and 1 Response shall— 2 (1) identify existing Federal agencies charged 3 with elements of pandemic and biodefense prepared- 4 ness and response; and 5 (2) report to the Congress recommendations for 6 reorganizing such agencies under the Office of the 7 Director of Pandemic and Biodefense Preparedness 8 and Response to ensure full coordination among 9 such agencies, including changes to existing law that 10 are necessary to carry out such recommendations. 11 (f) PAY.—The Director of Pandemic and Biodefense 12 Preparedness and Response shall be paid at the rate of 13 basic pay for level II of the Executive Schedule under sub- 14 chapter II of chapter 53 of title 5, United States Code. 15 SEC. 5. NATIONAL PANDEMIC AND BIODEFENSE PRE- 16 PAREDNESS AND RESPONSE STRATEGY. 17 (a) IN GENERAL.—Not later than 1 year after the 18 date of the enactment of this Act, and every year there- 19 after, the Director of Pandemic and Biodefense Prepared- 20 ness and Response shall submit a National Pandemic and 21 Biodefense Preparedness and Response Strategy to the 22 President and the Congress. The Strategy shall contain 23 a summary of the current state of pandemic and bio- 24 VerDate Sep 11 2014 23:45 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H6610.IH H6610 pbinns on DSKJLVW7X2PROD with BILLS 11 HR 6610 IH1S defense preparedness and response in the United States, 1 and a comprehensive strategy to— 2 (1) work across Federal and State government 3 agencies to implement a coherent integrated Strat- 4 egy and associated plans; 5 (2) prepare for and execute interagency plan- 6 ning and coordination to implement the Strategy; 7 (3) provide for departmental and agency re- 8 sponsibility and accountability for each component of 9 the Strategy; 10 (4) budget for and fund requirements and 11 sources under the Strategy; 12 (5) ensure international collaboration and co- 13 ordination efforts to implement the Strategy; and 14 (6) provide recommendations and a timeline for 15 implementation of the Strategy. 16 (b) APPLICATION OF FACA.—Notwithstanding the 17 Federal Advisory Committee Act (5 U.S.C. App.), non- 18 government individuals and entities may participate in the 19 preparation of the National Pandemic and Biodefense 20 Preparedness and Response Strategy. 21 SEC. 6. HEALTH PROFESSIONAL TRAINING. 22 The Director, in consultation with professional health 23 and medical societies, shall develop and disseminate pan- 24 demic and biodefense training curricula— 25 VerDate Sep 11 2014 23:45 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H6610.IH [Text truncated for display. Full text available on Congress.gov.]