Sec. 152. COVID–19 critical medical supply chain transparency

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Not later than 60 days after the date of the enactment of this Act, the Administrator of the Federal Emergency Management Agency, in coordination with the Director of the Defense Logistics Agency, the Secretary of Health and Human Services, the Secretary of Veterans Affairs, and heads of other Federal agencies (as appropriate), shall submit to the appropriate congressional committees a report assessing the immediate needs described in paragraph

(2)to combat the COVID–19 pandemic and the plan for meeting those immediate needs. The report required by paragraph

(1)shall include— an assessment of the amount of critical supplies necessary to address the needs of the population of the United States infected by the virus SARS–CoV–2 that causes COVID–19 and to prevent further spread of COVID–19 throughout the United States; based on best available scientific and epidemiological evidence and meaningful consultations with relevant stakeholders and scientific experts, an assessment of the need for personal protective equipment, durable medical equipment, and other critical supplies required by— health professionals, health workers, and staff in health care settings; workers in industries and sectors described in the Advisory Memorandum on Identification of Essential Critical Infrastructure Workers during the COVID–19 Response issued by the Director of Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security on April 17, 2020 (and any expansion of industries and sectors included in updates to such advisory memorandum); and other workers determined to be essential based on such consultation and review of evidence; an assessment of the quantities of critical supplies in working order and the quantities of such supplies in need of repair and refurbishment in the Strategic National Stockpile (established under section 319F–2 of the Public Health Service Act (42 U.S.C. 247d–6b(a)(1))) as of the date of the report, and the projected gap between the quantities of critical supplies identified as needed in the assessments under subparagraphs

(A)and

(B)and the quantities of such supplies in the Strategic National Stockpile; an identification of the industry sectors and manufacturers most ready to fulfill purchase orders for such supplies (including manufacturers that may be incentivized) through the exercise of authority under section 303(e) of the Defense Production Act of 1950 ( 50 U.S.C. 4533(e) ) to modify, expand, or improve production processes to manufacture such supplies to respond immediately to a need identified in subparagraph

(A)or (B); an identification of Federal Government-owned and non-Federal Government-owned (including privately owned) stockpiles of critical supplies not included in the Strategic National Stockpile, and an assessment of the quantities of such supplies that are in working order and the quantities of such supplies that could be repaired or refurbished; an identification of previously distributed critical supplies that can be redistributed based on current need; a description of any exercise of the authorities under the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq.) that relate to the procurement of critical supplies; and an identification of critical areas of need, by county and by areas identified by the Indian Health Service, in the United States and the metrics and criteria for identification as a critical area. The report required by paragraph

(1)shall include a plan for meeting the immediate needs to combat the COVID–19 pandemic, including each need and gap identified through the assessment under paragraph (2). Such plan shall include— a list of each contract the Federal Government has entered into to meet such needs, including the purpose of each contract, the type and amount of equipment, supplies, or services to be provided under the contract, the entity fulfilling such contract, and the dollar amount of each contract; a list of each contract that the Federal Government intends to enter into within 14 days after submission of such report, including the information described in paragraph

(2)for each such contract; and whether any of the contracts described in subparagraph

(A)or

(B)have or will have a priority rating under the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq.), including purchase orders pursuant to Department of Defense Directive 4400.1, part 101, subpart A of title 45, Code of Federal Regulations, or any other applicable authority. The report required by paragraph (1), and each update required by paragraph (5), shall include— a list of any requests for critical supplies from State or local governments and Indian Tribes, and an accompanying list of the employers and unions and other stakeholders consulted in developing these requests; a detailed description and explanation of data sources and any modeling or formulas used to determine allocation of critical supplies, and any discrepancies between such supplies requested as described in subparagraph

(A)and such supplies provided in all allocations; the date, amount and destination of such supplies requested under subparagraph

(A)delivered; an explanation of why any portion of any contract, whether to replenish the Strategic National Stockpile or otherwise, will not be filled; a list of products procured pursuant to a contract described in paragraph (3)(A), the percentage of such products that are used to replenish the Strategic National Stockpile, that are targeted to COVID–19 hotspots, and that are used for the commercial market; metrics, formulas, and criteria used to determine COVID–19 hotspots or areas of critical need for a State, county, or an area identified by the Indian Health Service; production and procurement benchmarks, where practicable; a description of the range of prices for critical supplies that are subject to shortages, purchased by, transported by, or otherwise known to, the Federal Government, identifying all such prices that exceed the prevailing market prices of such supplies prior to March 1, 2020, and any actions taken by the Federal Government under section 102 of the Defense Production Act of 1950 ( 50 U.S.C. 4512 ) or other provisions of law to prevent hoarding of such supplies and charging of such increased prices between March 1, 2020, and the date of the submission of the first report required by paragraph (1), and, for all subsequent reports, within each reporting period; and results of the consultation with the relevant stakeholders required by paragraph (2)(B). The Administrator of the Federal Emergency Management Agency, in coordination with Director of the Defense Logistics Agency, the Secretary of Health and Human Services, the Secretary of Veterans Affairs, and heads of other Federal agencies (as appropriate), shall update such report every quarter. The Administrator of the Federal Emergency Management Agency shall make the report required by this subsection, including each update required by paragraph

(5)available to the public, including on a publicly accessible website of the Federal Government. The requirements of this subsection shall terminate on the later of— December 31, 2021; or the end of the COVID–19 emergency period. Not later than 60 days after the date of the enactment of this Act, and every 90 days thereafter, the Administrator of the Federal Emergency Management Agency, in consultation with the Secretary of Defense, the Secretary of Health and Human Services, and the Defense Production Act Committee, shall submit to the appropriate congressional committees a report on the exercise of authorities under the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq.) during the period specified in subparagraph (C). Each report required by subparagraph

(A)shall include, with respect to each exercise of authority under the Defense Production Act of 1950 included in the report— an explanation of the purpose of the applicable contract, purchase order, or other exercise of authority (including an allocation of materials, services, and facilities under section 101(a)(2) of the Defense Production Act of 1950 ( 50 U.S.C. 4511(a)(2) ); the cost of the exercise of authority; and if applicable— the amount of goods that were purchased or allocated; an identification of the entity awarded a contract or purchase order or that was the subject of the exercise of authority; and an identification of any entity that had shipments delayed by the exercise of authority. The period specified in this paragraph is— in the case of the first report required by subparagraph (A), the period beginning on the date of the enactment of this Act and ending on the date on which the report is required to be submitted; and in the case of each subsequent report required by subparagraph (A), the 90-day period preceding the date on which the report is required to be submitted. The Administrator of the Federal Emergency Management Agency shall make each report required by subparagraph

(A)available to the public, including by posting the report on a publicly accessible internet website of the Federal Government. Not less frequently than every 90 days, the President shall submit to Congress, and make available to the public (including through posting on a publicly accessible internet website of the Federal Government), a report detailing all expenditures made pursuant to the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq.) during the 90 days preceding the date of the report. The requirements of this subsection shall terminate on the later of— December 31, 2021; or the end of the COVID–19 emergency period. Not later than 270 days after the date of the enactment of this Act, and annually thereafter, the Comptroller General of the United States shall submit to the appropriate congressional committees a report on ensuring that the Federal Government has access to the medical supplies and equipment necessary to respond to future pandemics and public health emergencies, including recommendations with respect to how to ensure that the United States supply chain for diagnostic tests (including serological tests) and testing supplies, personal protective equipment, vaccines (including ancillary supplies), therapies, and other medical supplies is better equipped to respond to emergencies, including through the use of funds in the Defense Production Act Fund under section 304 of the Defense Production Act of 1950 ( 50 U.S.C. 4534 ) to address shortages in that supply chain. Not later than 30 days after each of the submission of the reports described in subsections

(a)and (b), the Comptroller General of the United States shall submit to the appropriate congressional committees an assessment of such reports, including identifying any gaps in the content of the reports and providing any recommendations to address any identified gaps in such reports. Not later than a month after the submission of the assessment under subparagraph (A), and monthly thereafter, the Comptroller General shall issue a report to the appropriate congressional committees with respect to any updates to the reports described in subsections

(a)and

(b)that were issued during the previous 1-month period, containing an assessment of such updates, including identifying any gaps in the content of such updates and providing any recommendations to address any identified gaps in such updates. In this section: The term appropriate congressional committees means the Committees on Appropriations, Armed Services, Energy and Commerce, Financial Services, Homeland Security, Transportation and Infrastructure, and Veterans’ Affairs of the House of Representatives and the Committees on Appropriations, Armed Services, Banking, Housing, and Urban Affairs, Health, Education, Labor, and Pensions, Homeland Security and Governmental Affairs, and Veterans’ Affairs of the Senate. The term COVID–19 emergency period means the period beginning on the date of enactment of this Act and ending after the end of the incident period for the emergency declared on March 13, 2020, by the President under Section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 4121 et seq.) relating to the Coronavirus Disease 2019 (COVID–19) pandemic. The term critical supplies means drugs, vaccines and other biological products, and medical devices used for the diagnosis, cure, mitigation, prevention, or treatment of COVID–19, including personal protective equipment, therapeutics, ventilators, medicines required in conjunction with the use of ventilators, and diagnostic tests. The term relevant stakeholder means— a representative private sector entity; a representative of the nonprofit sector; or a representative of a labor organization representing workers, including a union that represents health workers, manufacturers, public sector employees, or service sector workers. The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.

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