Medical and Health Stockpile Accountability Act of 2023

I 118TH CONGRESS 1ST SESSION H. R. 3577 To require the Assistant Secretary for Preparedness and Response to establish an automated supply chain tracking application that provides near real- time insight into the amount of critical medical and health supplies available in the Strategic National Stockpile. IN THE HOUSE OF REPRESENTATIVES MAY 22, 2023 Mr. HUDSON (for himself, Mr. GOTTHEIMER, Mr. BALDERSON, and Mrs. TRAHAN) introduced the following bill; which was referred to the Com- mittee on Energy and Commerce A BILL To require the Assistant Secretary for Preparedness and Response to establish an automated supply chain track- ing application that provides near real-time insight into the amount of critical medical and health supplies avail- able in the Strategic National Stockpile. 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 ‘‘Medical and Health 4 Stockpile Accountability Act of 2023’’. 5 VerDate Sep 11 2014 05:24 Jun 13, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3577.IH H3577 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 3577 IH SEC. 2. TRACKING AND ACCOUNTABILITY OF SUPPLIES IN 1 THE NATIONAL STOCKPILE. 2 Section 319F–2 of the Public Health Service Act (42 3 U.S.C. 247d–6b) is amended— 4 (1) by redesignating subsection (h) as sub- 5 section (i); and 6 (2) by inserting after subsection (g) the fol- 7 lowing: 8 ‘‘(h) TRACKING AND ACCOUNTABILITY OF SUPPLIES 9 IN THE STOCKPILE.— 10 ‘‘(1) IN GENERAL.—The Assistant Secretary for 11 Preparedness and Response (in this subsection re- 12 ferred to as the ‘Assistant Secretary’) shall establish 13 an automated supply chain tracking application that 14 provides near real-time insight into the amount of 15 critical medical and health supplies available in the 16 stockpile under subsection (a), and available in the 17 medical and health supply inventories of State, Trib- 18 al, territories, and local and private entities such as 19 hospitals, manufacturers, and distributors. 20 ‘‘(2) ACCESS AND USE OF THE APPLICATION.— 21 The Assistant Secretary shall establish rules for 22 data access, and use of, the application established 23 under paragraph (1). Such rules shall— 24 ‘‘(A) require internal tracking, pursuant to 25 subsection (d), of all supplies within the stock- 26 VerDate Sep 11 2014 05:24 Jun 13, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3577.IH H3577 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 3577 IH pile under subsection (a), in a manner that is 1 visible to Federal entities identified by the As- 2 sistant Secretary; 3 ‘‘(B) allow for data access, by Federal en- 4 tities during an emergency response, as deter- 5 mined by the Assistant Secretary, to the med- 6 ical and health supply stockpiles of State, Trib- 7 al, territories, and local and private partners; 8 ‘‘(C) establish, after consultation with pub- 9 lic and private partners, a national standard for 10 collecting and reporting data related to prod- 11 ucts maintained in the stockpile, including— 12 ‘‘(i) data standards for category of 13 products, nomenclature, and standards for 14 coding of each product for entities to re- 15 port product availability in their Federal, 16 State, and local jurisdictions; 17 ‘‘(ii) application of the standard to 18 Tribal and local stockpiles; and 19 ‘‘(iii) a data dictionary defining terms, 20 such as ‘burn rate’, ‘calculation of supply- 21 on-hand’, and other appropriate terms; 22 ‘‘(D) ensure clear and efficient mecha- 23 nisms for health care entities, including hos- 24 pitals, manufacturers, and distributors, to re- 25 VerDate Sep 11 2014 05:24 Jun 13, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3577.IH H3577 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 3577 IH port data in an emergency that supports med- 1 ical and health supply chain management and 2 surge re-deployment, including detailed data re- 3 garding all relevant supplies secured and avail- 4 able; 5 ‘‘(E) allow access by the Administration 6 for Strategic Preparedness and Response to 7 data from different vendor management sys- 8 tems, through automated feeds from health care 9 entities, eliminating manual reporting errors 10 from health care entities; 11 ‘‘(F) establish the parameters for per- 12 mitted and prohibited government data access 13 and uses; 14 ‘‘(G) ensure that the Administration for 15 Strategic Preparedness and Response protects 16 any data from hospitals, manufacturers, and 17 distributors that is shared through the applica- 18 tion, including protection of confidential, propri- 19 etary, commercial, and trade secret information; 20 ‘‘(H) ensure that Federal data collection is 21 for monitoring and dynamic allocation and will 22 not be used to remove or reallocate inventory 23 from organizations; 24 VerDate Sep 11 2014 05:24 Jun 13, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3577.IH H3577 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 3577 IH ‘‘(I) ensure that data will not be used by 1 suppliers for commercial or contractual pur- 2 poses; 3 ‘‘(J) ensure that reported data will not be 4 used to advantage or disadvantage any institu- 5 tion over another or to undermine the competi- 6 tive marketplace; and 7 ‘‘(K) ensure that the application interfaces, 8 for tracking management purposes, with the 9 National Disaster Recovery Framework of the 10 Federal Emergency Management Agency, ap- 11 propriate dashboards of the Department of De- 12 fense, and other appropriate Federal partners. 13 ‘‘(3) PARTICIPATION BY PRIVATE ENTITIES.— 14 The application established under paragraph (1) 15 shall support the voluntary sharing of data and ac- 16 cessing data by private health care supply chain en- 17 tities, by allowing such entities to display near real- 18 time data relating to inventory and time estimates 19 for when inventories may be replenished. 20 ‘‘(4) ANNUAL EXERCISE.—The Assistant Sec- 21 retary shall provide for an annual exercise hosted by 22 the Administration for Strategic Preparedness and 23 Response to test the effectiveness of the application 24 established under paragraph (1), and to provide an 25 VerDate Sep 11 2014 05:24 Jun 13, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3577.IH H3577 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 3577 IH opportunity to report, not later than 180 days after 1 publication of the standards described in paragraph 2 (2)(C), any inefficiencies or deficiencies in the appli- 3 cation. 4 ‘‘(5) PROGRAM OF SUPPORT.—The Assistant 5 Secretary shall establish a program to assist State, 6 local, and private health care entities, such as rural, 7 critical access, or community hospitals, that do not 8 have an automated vendor management system in 9 developing or obtaining such a system. 10 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— 11 There are authorized to be appropriated to the As- 12 sistant Secretary for the acquisition and develop- 13 ment of an application under this section, 14 $250,000,000 to remain available for fiscal years 15 2024 through 2029.’’. 16 Æ VerDate Sep 11 2014 05:24 Jun 13, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H3577.IH H3577 pbinns on DSKJLVW7X2PROD with $$_JOB