Sec. 5. Planning to meet critical supply needs

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The Associate Administrator of the Office of Pandemic Preparedness and Response of the Federal Emergency Management Agency, in coordination with the Assistant Secretary of Health and Human Services for Preparedness and Response, shall develop a companion strategy to accompany the National Health Security Strategy under section 2802 of the Public Health Service Act ( 42 U.S.C. 300hh–1 ) in order to ensure the availability of critical nonpharmaceutical supplies and the ability to distribute such supplies during a public health emergency that triggers the protocols under section 3 of this Act. The companion strategy under subsection

(a)shall— include an assessment of critical nonpharmaceutical materials, particularly personal protective equipment and other ancillary medical supplies, needed during a pandemic; take into account the best available science; consider different responses to differing levels of severity of a public health emergency, based on input from stakeholders, as well as from external sources, including the National Academies, academic sources, State, Tribal, territorial, and local governments, and the private sector; evaluate the reliability and security of suppliers necessary to ensure the production, procurement, and distribution of critical nonpharmaceutical materials, including considering— supplier diversity, country of origin, supply chain stability, and cybersecurity risk to distribution and to production facilities; priority to domestic sources of supply; and how to maximize the use of materials produced in the United States in accordance with section 3 of this Act; and include strategies for last mile distribution to ensure supplies get into the possession of end users. Not later than 1 year after the date of enactment of this Act, the Associate Administrator shall submit to the relevant committees of jurisdiction of the House of Representatives and the Senate and publish publicly in unclassified and classified (if necessary) versions. The Associate Administrator, in consultation with stakeholders shall update the companion strategy under subsection

(a)not less often than every 5 years. In this section, the term stakeholders means senior representatives of the Food and Drug Administration, the Department of Homeland Security, the Centers for Disease Control and Prevention, the Department of Health and Human Services (except the Assistant Secretary of Health and Human Services for Preparedness and Response), the National Institute of Health, the Veterans Affairs Administration, the Department of Defense, the Indian Health Service, and the United States intelligence community.

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42 USC 300hh–1

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Sec. 5

Planning to meet critical supply needs

Cite42 USC 300hh–1

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