Sec. 3. Coordinating procurement and distribution during a pandemic emergency
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The Executive Office of the President, the Administrator of the Federal Emergency Management Agency, and the Assistant Secretary of Health and Human Services for Preparedness and Response shall jointly develop a protocol under which the Federal Emergency Management Agency shall— assume responsibility for coordinating Federal procurement of critical nonpharmaceutical supplies during a national public health emergency based on the severity and extent of such an emergency; and implement the companion strategy developed under section 5.
In developing the protocol under subsection (a), the Executive Office of the President, the Administrator of the Federal Emergency Management Agency, and the Assistant Secretary of Health and Human Services for Preparedness and Response shall consult with the Director of the Centers for Disease Control and Prevention, the Commanding General of the Corps of Engineers, and other heads of Federal agencies determined necessary by the Administrator of the Federal Emergency Management Agency and the Assistant Secretary of Health and Human Services for Preparedness and Response.
The protocol developed under subsection
(a)shall— specify the categories of personal protective equipment and related items to be coordinated by the Federal Emergency Management Agency, in line with the strategy for critical materials described in section 206 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, added by this Act; and consider the scale and severity of an emergency in determining when and how the Federal Emergency Management Agency shall exercise authorities under the protocol, as well as the process by which the Assistant Secretary of Health and Human Services for Preparedness and Response, including the Director of the Strategic National Stockpile, shall work in coordination with the Federal Emergency Management Agency. Not later than 1 year after the date of enactment of this Act, the Executive Office of the President, the Administrator of the Federal Emergency Management Agency, and the Assistant Secretary of Health and Human Services for Preparedness and Response shall jointly submit to the relevant committees of jurisdiction of the House of Representatives and the Senate, including the Committee on Appropriations of the House of Representatives and the Senate, a report detailing the protocol developed under subsection (a), including any minority or dissenting views of such officers. Not later than 1 year after the submission of the report under subsection (d), the Administrator of the Federal Emergency Management Agency shall issue such regulations as are necessary to implement the protocol developed under subsection (a).