Federal Emergency Pandemic Response Act

II 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 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 ‘‘Federal Emergency 4 Pandemic Response Act’’. 5 VerDate Sep 11 2014 00:08 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6401 E:\BILLS\S4204.RS S4204 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 4204 RS SEC. 2. INTERAGENCY TASK FORCE TO ANALYZE PRE- 1 PAREDNESS FOR NATIONAL PANDEMIC. 2 (a) IN GENERAL.—The Secretary of Homeland Secu- 3 rity shall convene an Interagency Task Force (referred to 4 in this section as the ‘‘Task Force’’) of Federal entities 5 for the purpose of analyzing the preparedness of the 6 United States for national pandemics. 7 (b) PARTICIPANTS.—The Task Force shall be com- 8 prised of the following members: 9 (1) The Secretary of Homeland Security. 10 (2) The Under Secretary for Management of 11 the Department of Homeland Security. 12 (3) The Administrator of the Federal Emer- 13 gency Management Agency. 14 (4) The Administrator of the Transportation 15 Security Agency. 16 (5) The Director of the Office of Countering 17 Weapons of Mass Destruction. 18 (6) The Secretary of Health and Human Serv- 19 ices. 20 (7) The Secretary of Defense. 21 (8) The Director of the Office of Management 22 and Budget. 23 (9) Any other head of a Federal agency as the 24 Secretary of Homeland Security determines nec- 25 essary. 26 VerDate Sep 11 2014 00:08 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S4204.RS S4204 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 4204 RS (c) RESPONSIBILITIES.—The Task Force shall— 1 (1) determine the mission of the Strategic Na- 2 tional Stockpile and clearly define it; 3 (2) examine whether the mission statement de- 4 termined under paragraph (1) aligns with the name 5 of the Strategic National Stockpile and consider 6 whether it is necessary to change the name; 7 (3) perform an assessment of the current inven- 8 tory and future inventory needs of the Strategic Na- 9 tional Stockpile, including— 10 (A) list all current medical supplies, equip- 11 ment and other items in the stockpile; 12 (B) determine the appropriate inventory 13 levels for each item identified under subpara- 14 graph (A) in the stockpile; 15 (C) determine the appropriate location or 16 locations for storing the stockpile, and which 17 Federal agency should be responsible for main- 18 taining the inventory; 19 (D) develop a plan to ensure the proper 20 maintenance of the inventory, including when 21 supplies and equipment need to be rotated or 22 disposed of; and 23 VerDate Sep 11 2014 00:08 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S4204.RS S4204 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 4204 RS (E) develop a plan to ensure maximum 1 interagency coordination of the management of 2 the stockpile; 3 (4) consider any other measures relating to the 4 Strategic National Stockpile necessary to ensure 5 that the stockpile is appropriately resourced for fu- 6 ture pandemic and related emergencies; 7 (5) share the information developed under para- 8 graphs (1) through (4) with the National Response 9 Coordination Center; and 10 (6) not later than 180 days after the date of 11 enactment of this Act, submit a report to Congress 12 on the recommendations of the Task Force devel- 13 oped under paragraphs (1) through (4). 14 SEC. 3. ESTABLISHMENT OF THE UNIFIED COORDINATION 15 GROUP WITHIN THE FEDERAL EMERGENCY 16 MANAGEMENT AGENCY. 17 (a) ESTABLISHMENT.—There is established within 18 the executive branch the Unified Coordination Group lead 19 by the Administrator of the Federal Emergency Manage- 20 ment Agency. 21 (b) OTHER PARTICIPANTS.—In addition to the Ad- 22 ministrator of the Federal Emergency Management agen- 23 cy, the Unified Coordination Group shall include— 24 VerDate Sep 11 2014 00:08 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S4204.RS S4204 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 4204 RS (1) the Assistant Secretary for Preparedness 1 and Response at the Department of Health and 2 Human Services; 3 (2) the Assistant Secretary for Health at the 4 Department of Health and Human Services; and 5 (3) the Director of the Centers of Disease Con- 6 trol and Prevention at the Department of Health 7 and Human Services. 8 (c) ACTIVATING THE UNIFIED COORDINATION 9 GROUP.—The Unified Coordination Group shall only be 10 activated upon— 11 (1) the issuance of a public health emergency 12 by the Secretary of Health and Human Services; 13 (2) an emergency declaration by the Adminis- 14 trator of the Federal Emergency Management Agen- 15 cy; or 16 (3) a major disaster declaration as determined 17 by the President in response to a public health pan- 18 demic. 19 (d) RESPONSIBILITIES.—The Unified Coordination 20 Group shall— 21 (1) identify and periodically reevaluate the 22 needs of the Strategic National Stockpile; 23 (2) refer the information described in para- 24 graph (1) to the National Response Coordination 25 VerDate Sep 11 2014 00:08 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S4204.RS S4204 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 4204 RS Center at the Federal Emergency Management 1 Agency, and the Department of Health and Human 2 Services; and 3 (3) share the information gathered from the re- 4 sponsibilities in paragraphs (1) and (2) with the Na- 5 tional Response Coordination Center. 6 SEC. 4. ESTABLISHMENT OF THE SUPPLY CHAIN STA- 7 BILIZATION TASK FORCE WITHIN THE FED- 8 ERAL EMERGENCY MANAGEMENT AGENCY. 9 (a) ESTABLISHMENT.—There is established within 10 the Federal Emergency Management Agency a Supply 11 Chain Stabilization Task Force to address the supply of 12 critical protective and life saving equipment. 13 (b) RESPONSIBILITIES.—The Supply Chain Sta- 14 bilization Task Force shall— 15 (1) develop a plan for how the Federal Govern- 16 ment will— 17 (A) preserve and replenish inventoried 18 equipment, including how to extend the shelf 19 life of personal protective equipment and other 20 supplies, including developing and verifying 21 techniques to clean and recycle necessary equip- 22 ment; 23 VerDate Sep 11 2014 00:08 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S4204.RS S4204 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 4204 RS (B) accelerate the production of equipment 1 in the event of an emergency, including working 2 with the private sector to determine— 3 (i) the current United States manu- 4 facturing capacity of necessary equipment; 5 (ii) the expected timeframes for global 6 vendors to deliver necessary equipment to 7 United States distributors; and 8 (iii) how the production and access to 9 necessary equipment would be affected in 10 the event of a global pandemic; 11 (C) expand the production of necessary 12 equipment, including working with the private 13 sector to identify excess raw materials, work- 14 force, or factory production capacity in response 15 to a pandemic that are necessary to address 16 and overcome supply shortfalls; and 17 (D) equitably allocate the equipment in the 18 event of a pandemic, including working with 19 major commercial distributors to distribute the 20 rapid distribution of critical resources in short 21 supply to areas most in need during a pan- 22 demic; and 23 VerDate Sep 11 2014 00:08 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S4204.RS S4204 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 4204 RS (2) participate in information sharing with the 1 National Response Coordination Center in devel- 2 oping the plan required under paragraph (1). 3 (c) AUTHORITY.—If necessary to meet current de- 4 mand in the event of a pandemic, the Secretary of Home- 5 land Security may delegate to the Administrator of the 6 Federal Emergency Management Agency, acting through 7 the Supply Chain Stabilization Task Force, the authority 8 to enter into contractual agreements with private shipping 9 companies by covering costs for direct shipping from over- 10 sees factories into United States airports for the purposes 11 of obtaining personal protective equipment. 12 SEC. 5. NATIONAL RESPONSE COORDINATION CENTER 13 ROLE IN IMPROVING TRANSPARENCY. 14 (a) COORDINATION WITH STATES.—The National 15 Response Coordination Center, acting through the appro- 16 priate Federal Emergency Management Agency Regional 17 Administrators, shall— 18 (1) request voluntary information from States 19 regarding their holdings of equipment and medical 20 supply necessary in the event of a pandemic; and 21 (2) share information with States regarding the 22 Federal Government’s current inventory and plan 23 developed under section 4(b)(1). 24 VerDate Sep 11 2014 00:08 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S4204.RS S4204 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 4204 RS (b) REPORT TO CONGRESS.—The National Response 1 Coordination Center shall provide an annual report to 2 Congress on the activities under this section. 3 SEC. 6. OTHER AUTHORITIES. 4 (a) IN GENERAL.—The Administrator of the Federal 5 Emergency Management Agency, in coordination with the 6 Secretary of Health and Human Services, may sell medical 7 supplies and equipment maintained in the Strategic Na- 8 tional Stockpile, or its successor, to the private, nonprofit, 9 or State, local, Tribal, or territorial entity for immediate 10 use and distribution that are— 11 (1) within 1 year of the medial product or 12 equipment’s expiration date; or 13 (2) the item maintained in the inventory is de- 14 termined to no longer be necessary to be maintained 15 in the inventory due to advances in medical and 16 technical capabilities. 17 (b) REQUIREMENT.—The Administrator of the Fed- 18 eral Emergency Management Agency, in coordination with 19 the Secretary of Health and Human Services, shall mon- 20 itor the inventory stockpile levels, economic and healthcare 21 models, and evaluate available data on supply and demand 22 trends to restock and increase the inventory of supplies 23 maintained in the Strategic National Stockpile or its suc- 24 cessor. 25 VerDate Sep 11 2014 00:08 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\S4204.RS S4204 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 4204 RS (c) AUTHORIZATION OF TRANSFER OF EQUIP- 1 MENT.—During a public health emergency declared by the 2 Secretary of Health and Human Services under section 3 319(a) of the Public Health Service Act (42 U.S.C. 4 247d(a)), the Secretary of Homeland Security, at the re- 5 quest of the Secretary of Health and Human Services, 6 may transfer to the Department of Health and Human 7 Services, on a reimbursable basis, personal protection 8 equipment or medically necessary equipment in the posses- 9 sion of the Department. 10 (d) DETERMINATION BY SECRETARIES.— 11 (1) IN GENERAL.—In carrying out subsection 12 (c)— 13 (A) before requesting a transfer under sub- 14 section (c), the Secretary of Health and Human 15 Services shall determine whether the personal 16 protection equipment or medically necessary 17 equipment is otherwise available, including 18 available by required performance of a contract 19 or order under section 101 of the Defense Pro- 20 duction Act of 1950 (50 U.S.C. 4511); and 21 (B) the Secretary of Homeland Security 22 shall determine whether the personal protection 23 equipment or medically necessary equipment re- 24 VerDate Sep 11 2014 00:08 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6401 E:\BILLS\S4204.RS S4204 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 4204 RS quested to be transferred under subsection (c) 1 is excess equipment. 2 (2) NOTIFICATION.—The Secretary of Health 3 and Human Services and the Secretary shall each 4 submit to Congress a notification explaining the de- 5 termination made under subparagraphs (A) and (B), 6 respectively, of paragraph (1). 7 (3) REQUIRED INVENTORY.—The Secretary of 8 Homeland Security shall— 9 (A) maintain an inventory of all personal 10 protection equipment and medically necessary 11 equipment in the possession of the Department; 12 and 13 (B) make the inventory required under 14 paragraph (1) available, on a continual basis, 15 to— 16 (i) the Secretary of Health and 17 Human Services; and 18 (ii) the Committee on Appropriations 19 and the Committee on Homeland Security 20 and Governmental Affairs of the Senate 21 and the Committee on Appropriations and 22 the Committee on Homeland Security of 23 the House of Representatives. 24 VerDate Sep 11 2014 00:08 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\S4204.RS S4204 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 4204 RS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Federal Emergency Pan- 2 demic Response Act’’. 3 SEC. 2. INTERAGENCY TASK FORCE TO ANALYZE PRE- 4 PAREDNESS FOR NATIONAL PANDEMIC. 5 (a) IN GENERAL.—The Director of the Office of Man- 6 agement and Budget or the head of another Federal agency, 7 as determined by the Director of the Office of Management 8 and Budget, shall convene an Interagency Task Force (re- 9 ferred to in this section as the ‘‘Task Force’’) of Federal 10 entities for the purpose of analyzing the preparedness of the 11 United States for national pandemics. 12 (b) PARTICIPANTS.—The Task Force shall be com- 13 prised of the following members: 14 (1) The Secretary of Homeland Security. 15 (2) The Director of the Office of Minority 16 Health. 17 (3) The Director of the Indian Health Service. 18 (4) The Under Secretary for Management of the 19 Department of Homeland Security. 20 (5) The Administrator of the Federal Emergency 21 Management Agency. 22 (6) The Administrator of the Transportation Se- 23 curity Administration. 24 (7) The Assistant Secretary of the Office of 25 Countering Weapons of Mass Destruction. 26 VerDate Sep 11 2014 00:08 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\S4204.RS S4204 pamtmann on DSKBC07HB2PROD with BILLS 13 •S 4204 RS (8) The Chief Medical Officer of the Departm [Text truncated for display. Full text available on Congress.gov.]