Supply Chain Accountability Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 7999 To direct the Secretary of Health and Human Services to receive and respond to notifications of issues relating to the lack of personal protective equip- ment and COVID–19 testing. IN THE HOUSE OF REPRESENTATIVES AUGUST 11, 2020 Mr. BEYER introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To direct the Secretary of Health and Human Services to receive and respond to notifications of issues relating to the lack of personal protective equipment and COVID–19 testing. 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 ‘‘Supply Chain Account- 4 ability Act of 2020’’. 5 VerDate Sep 11 2014 02:09 Aug 29, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7999.IH H7999 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 7999 IH SEC. 2. DIRECTING THE SECRETARY OF HEALTH AND 1 HUMAN SERVICES TO RECEIVE AND RE- 2 SPOND TO NOTIFICATIONS OF ISSUES RELAT- 3 ING TO THE LACK OF PERSONAL PROTEC- 4 TIVE EQUIPMENT AND COVID–19 TESTING. 5 (a) IN GENERAL.—The Secretary of Health and 6 Human Services (in this section referred to as the ‘‘Sec- 7 retary’’) shall establish and maintain, during the emer- 8 gency period described in section 1135(g)(1)(B) of the So- 9 cial Security Act (42 U.S.C. 1320b–5(g)(1)(B)), a process 10 to receive and review the following: 11 (1) Any notification from a health care provider 12 that such provider is reusing personal protective 13 equipment at a facility due to a shortage of such 14 equipment. 15 (2) Any notification from a local public health 16 agency or health care provider that such agency or 17 provider is unable, with respect to individuals seek- 18 ing a COVID–19 diagnostic test, to furnish such 19 tests to all such individuals. 20 (3) Any notification from a skilled nursing fa- 21 cility or nursing facility (as such terms are defined 22 in sections 1819 and 1919, respectively, of titles 23 XVIII and XIX, respectively, of the Social Security 24 Act (42 U.S.C. 1395i–3, 42 U.S.C. 1396r)) that 25 such skilled nursing facility or nursing facility is un- 26 VerDate Sep 11 2014 02:09 Aug 29, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7999.IH H7999 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 7999 IH able to test all employees for COVID–19 at least 2 1 times per week. 2 (4) Any notification from a State or local public 3 health agency that the average time between fur- 4 nishing a COVID–19 diagnostic test to an individual 5 and reporting the results to such individual in the 6 area in which such agency exercises jurisdiction ex- 7 ceeds 3 days from the date such test was so fur- 8 nished. 9 (b) REQUIRED RESPONSE.—The Secretary shall, 10 with respect to each notification received under subsection 11 (a), submit to the health care provider, local public health 12 agency, or skilled nursing facility or nursing facility that 13 submitted such notification, and to the specified congres- 14 sional representatives (as defined in subsection (c)) with 15 respect to such notification, not later than 30 days after 16 receiving such notification, a written response that, in the 17 case of a response to a notification described in— 18 (1) subsection (a)(1), includes a specification of 19 actions the Secretary is taking to provide personal 20 protective equipment to the facility identified by the 21 health care provider submitting such notification; 22 (2) subsection (a)(2), includes a specification of 23 actions the Secretary is taking to make additional 24 COVID–19 diagnostic tests available to the local 25 VerDate Sep 11 2014 02:09 Aug 29, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7999.IH H7999 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 7999 IH public health agency or health care provider submit- 1 ting such notification; 2 (3) subsection (a)(3), includes a specification of 3 actions the Secretary is taking to support COVID– 4 19 diagnostic testing at the skilled nursing facility 5 or nursing facility submitting such notification; and 6 (4) subsection (a)(4), includes a specification of 7 actions the Secretary is taking to reduce the time 8 described in such subsection. 9 (c) DEFINITION.—For purposes of subsection (b), the 10 term ‘‘specified congressional representatives’’ means, 11 with respect to a notification described in subsection (a), 12 both Members of the Senate representing the State, and 13 all Members of the House of Representatives representing 14 the district (or districts), where, in the case of a notifica- 15 tion— 16 (1) described in subsection (a)(1), the facility 17 identified by the health care provider submitting 18 such notification is located; 19 (2) described in subsection (a)(2), the State or 20 local public health agency submitting such notifica- 21 tion exercises jurisdiction or where the health care 22 provider practices (as identified by the provider); 23 VerDate Sep 11 2014 02:09 Aug 29, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7999.IH H7999 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 7999 IH (3) described in subsection (a)(3), where the 1 State or local public health agency submitting such 2 notification exercises jurisdiction; or 3 (4) described in subsection (a)(4), where the 4 skilled nursing facility or nursing facility submitting 5 such notification is located. 6 Æ VerDate Sep 11 2014 02:09 Aug 29, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H7999.IH H7999 pamtmann on DSKBC07HB2PROD with BILLS