Sec. 6305. Oversight of current activity and needs
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Not later than 7 days after the date of the enactment of this Act, the President, in coordination with the National Response Coordination Center of the Federal Emergency Management Agency, the Administrator 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 this subsection shall include— an assessment of the needs for medical supplies or equipment 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 an increase in the incidence of COVID–19 throughout the United States, including diagnostic tests, serological tests, medicines that have been approved by the Food and Drug Administration to treat COVID–19, and ventilators and medicines needed to employ ventilators; based on meaningful consultations with relevant stakeholders, an assessment of the need for personal protective equipment and other supplies (including diagnostic tests) required by— health professionals, health workers, and hospital staff; 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; an assessment of the quantities of equipment and supplies 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 equipment and supplies identified as needed in the assessment under subparagraphs
(A)and
(B)and the quantities in the Strategic National Stockpile; an identification of the industry sectors and manufacturers most ready to fulfill purchase orders for such equipment and 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 equipment and supplies to respond immediately to a need identified in subparagraph
(A)or (B); an identification of Government-owned and privately-owned stockpiles of such equipment and supplies not included in the Strategic National Stockpile 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 described under subsection (a)(5) or (b)(1) of section 6302; 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 this subsection shall include a plan for meeting the immediate needs to combat the COVID–19 pandemic, including the needs described in paragraph (1). Such plan shall include— 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 performing such contract, and the dollar amount of each contract; each contract that the Federal Government intends to enter into within 14 days after submission of such report, including the information described in subparagraph
(A)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 (or any successor directive), subpart A of part 101 of title 45, Code of Federal Regulations, or any other applicable authority. The report required by this subsection, and each update required by paragraph (5), shall include— any requests for equipment and supplies from State or local governments and Indian Tribes, and an accompanying list of the employers and unions consulted in developing these requests; any modeling or formulas used to determine allocation of equipment and supplies, and any related chain of command issues on making final decisions on allocations; the amount and destination of equipment and supplies delivered; an explanation of why any portion of any contract, whether to replenish the Strategic National Stockpile or otherwise, will not be filled; of products procured under this section, 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; and results of the consultation with the relevant stakeholders required by paragraph (2)(B). The President, in coordination with the National Response Coordination Center of the Federal Emergency Management Agency, the Administrator 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 14 days. The President shall make the report required by this subsection and each update required by paragraph
(5)available to the public, including on a Government website. Not later than 14 days after the date of enactment of this Act, the President, in coordination with the National Response Coordination Center of the Federal Emergency Management Agency, the Administrator 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 containing an assessment of the needs described in paragraph
(2)to combat the COVID–19 pandemic and the plan for meeting such needs during the 6-month period beginning on the date of submission of the report. The report required by this subsection shall include— an assessment of the elements described in subparagraphs
(A)through
(E)and subparagraph
(H)of subsection (a)(2); and an assessment of needs related to COVID–19 vaccines and any additional services to address the COVID–19 pandemic, including services related to health surveillance to ensure that the appropriate level of contact tracing related to detected infections is available throughout the United States. The report required by this subsection shall include a plan for meeting the longer-term needs to combat the COVID–19 pandemic, including the needs described in paragraph (1). This plan shall include— a plan to exercise authorities under the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq. ) necessary to increase the production of the medical equipment, supplies, and services that are essential to meeting the needs identified in paragraph
(2)(including the number of N–95 respirator masks and other personal protective equipment needed), based on meaningful consultations with relevant stakeholders— by the private sector to resume economic activity; and by the public and nonprofit sectors to significantly increase their activities; results of the consultations with the relevant stakeholders required by subparagraph (A)(ii); an estimate of the funding and other measures necessary to rapidly expand manufacturing production capacity for such equipment and supplies, including— any efforts to expand, retool, or reconfigure production lines; any efforts to establish new production lines through the purchase and installation of new equipment; or the issuance of additional contracts, purchase orders, purchase guarantees, or other similar measures; each contract the Federal Government has entered into to meet such needs or expand such production, the purpose of each contract, the type and amount of equipment, supplies, or services to be provided under the contract, the entity performing such contract, and the dollar amount of each contract; each contract that the Federal Government intends to enter into within 14 days after submission of such report, including the information described in subparagraph
(D)for each such contract; whether any of the contracts described in subparagraph
(D)or
(E)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 (or any successor directive), subpart A of part 101 of title 45, Code of Federal Regulations, or any other applicable authority; and the manner in which the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq. ) could be used to increase services necessary to combat the COVID–19 pandemic, including services described in paragraph (2)(B). The President, in coordination with the National Response Coordination Center of the Federal Emergency Management Agency, the Administrator 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 14 days. The President shall make the report required by this subsection and each update required by paragraph
(4)available to the public, including on a Government website. Not later than 14 days after the date of the enactment of this Act, the President, in consultation with the Administrator of the Federal Emergency Management Agency, the Secretary of Defense, and the Secretary of Health and Human Services, shall submit to the appropriate congressional committees a report on the exercise of authorities under titles I, III, and VII of the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq. ) prior to the date of such report. The report required under paragraph
(1)and each update required under paragraph
(3)shall include, with respect to each exercise of such authority— 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 such 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 any authority under the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq. ). The President shall update the report required under paragraph
(1)every 14 days. The President shall make the report required by this subsection and each update required by paragraph
(3)available to the public, including on a Government website. The President shall submit to Congress, and make available to the public (including on a Government website), a quarterly report detailing all expenditures made pursuant to titles I, III, and VII of the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq. ). The requirements of this section shall terminate on the later of— December 31, 2021; or the end of the COVID–19 emergency period.
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- 42 USC 247d–6b(a)(1)
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Sec. 6305
Oversight of current activity and needs
Cite42 USC 247d–6b(a)(1)
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