Congressional Record — Senate, June 25, 2020, Page S3546
Summary
Congressional Record, Senate, June 25, 2020, at S3546. The page prints text of amendments submitted to S. 4049, to authorize appropriations for fiscal year 2021 for military activities of the Department of Defense. One amendment adds at the end of title X a Subtitle H, Transparency and Delivery of Medical Supplies, whose short title is the "Medical Supply Transparency and Delivery Act" and which provides for an Executive Officer for Critical Medical Equipment and Supplies. SA 2111, submitted by Mr. Carper, adds a section 1287 at the end of subtitle G of title XII.
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“Congressional Record — Senate, June 25, 2020, Page S3546.”
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S3546 CONGRESSIONAL RECORD — SENATE June 25, 2020
an employee in fire protection activities KAINE, Mr. WARNER, Ms. HARRIS, Ms. (C) ensure that allocation of critical re-
may be subject. DUCKWORTH, Mr. BROWN, Mr. SCHUMER, sources is carried out in a manner consistent
‘‘(B) Without regard to the length of time and Mr. MANCHIN) submitted an amend- with the needs identified in the reports re-
that an employee in fire protection activi- quired by subsection (c);
ment intended to be proposed by her to (D) direct, in consultation with the Federal
ties has been employed, any uncommon in-
fectious disease, including— the bill S. 4049, to authorize appropria- Emergency Management Agency, the De-
‘‘(i) tuberculosis; tions for fiscal year 2021 for military partment of Health and Human Services, the
‘‘(ii) hepatitis A, B, or C; activities of the Department of De- Defense Logistics Agency, and other Federal
‘‘(iii) the human immunodeficiency virus fense, for military construction, and agencies as appropriate, all distribution of
(commonly known as ‘HIV’); and for defense activities of the Depart- critical equipment and supplies to the States
‘‘(iv) any other uncommon infectious dis- ment of Energy, to prescribe military and Indian Tribes, through existing commer-
ease, the contraction of which the Secretary cial distributers where practical;
personnel strengths for such fiscal (E) communicate with State and local gov-
of Labor, by rule, determines to be related to
year, and for other purposes; which was ernments and Indian Tribes with respect to
the hazards to which an employee in fire pro-
tection activities may be subject.’’. ordered to lie on the table; as follows: availability and delivery schedule of equip-
(c) REPORT.—Not later than 5 years after At the end of title X, add the following: ment and supplies;
the date of enactment of this Act, the Direc- Subtitle H—Transparency and Delivery of (F) contribute to the COVID–19 strategic
tor of the National Institute for Occupa- Medical Supplies testing plan required by title I of division B
tional Safety and Health shall— of the Paycheck Protection Program and
SEC. 1091. SHORT TITLE.
(1) examine the implementation of this Health Care Enhancement Act (Public Law
This subtitle may be cited as the ‘‘Medical 116–139) to ensure the Secretary of Health
section, and the amendments made by this
Supply Transparency and Delivery Act’’. and Human Services includes in that plan a
section, and appropriate scientific and med-
SEC. 1092. EMERGENCY PRODUCTION OF MED- comprehensive plan to scale production and
ical data relating to the health risks associ- ICAL EQUIPMENT AND SUPPLIES TO
ated with firefighting; and optimize distribution of COVID–19 tests, in-
ADDRESS COVID–19.
(2) submit to Congress a report, which cluding molecular, antigen, and serological
(a) EXECUTIVE OFFICER FOR CRITICAL MED-
shall include— tests, in the United States; and
ICAL EQUIPMENT AND SUPPLIES.—
(A) an analysis of the claims for compensa- (G) establish, in direct consultation with
(1) APPOINTMENT.—Not later than 3 days the Secretary of Health and Human Services,
tion made under the amendments made by after the date of the enactment of this Act,
this section; and the heads of any other appropriate Fed-
the Secretary of Defense shall appoint, de- eral agencies, a comprehensive plan to ad-
(B) an analysis of the available research re- tail, or temporarily assign a civilian to serve
lating to the health risks associated with dress necessary supply chain issues in order
as the Executive Officer for Critical Medical to rapidly scale up production of a SARS–
firefighting; and Equipment and Supplies (in this section re-
(C) recommendations for any administra- CoV–2 vaccine.
ferred to as the ‘‘Executive Officer’’), who (5) TRANSPARENCY.—The Executive Officer
tive or legislative actions necessary to en- shall—
sure that those diseases most associated shall make available, including on a publicly
(A) direct, through the National Response available website, information, updated not
with firefighting are included in the pre- Coordination Center of the Federal Emer-
sumptions under subsection (c) of section less frequently than every 3 days, includ-
gency Management Agency, the national ing—
8102 of title 5, United States Code, as added production and distribution of critical med-
by subsection (b) of this section. (A) the reports required by subsection (c);
ical equipment and supplies, including per- (B) requests for equipment and supplies
(d) APPLICATION.—The amendments made sonal protective equipment, in support of the
by this section shall apply to a disability or from State governments and Indian Tribes;
response of the Federal Emergency Manage- (C) standards used for data collection;
death that occurs on or after the date of en-
ment Agency to the Coronavirus Disease 2019 (D) modeling and any formulas used to de-
actment of this Act.
(commonly known as ‘‘COVID–19’’); and termine allocation of equipment and sup-
SA 2111. Mr. CARPER submitted an (B) report directly to the Administrator of plies, and any related chain of command
the Federal Emergency Management Agency making final decisions on allocations;
amendment intended to be proposed by for the duration of the appointment, detail, (E) the amount and destination of equip-
him to the bill S. 4049, to authorize ap- or temporary assignment. ment and supplies delivered;
propriations for fiscal year 2021 for (2) QUALIFICATIONS.—The Secretary of De- (F) an explanation of why any portion of a
military activities of the Department fense, in consultation with the Adminis- purchase order placed under subsection (d),
of Defense, for military construction, trator of the Federal Emergency Manage- whether to replenish the Strategic National
and for defense activities of the De- ment Agency, shall select the individual to Stockpile or otherwise, will not be filled;
partment of Energy, to prescribe mili- serve as the Executive Officer from among (G) the percentage amounts of procured
tary personnel strengths for such fiscal individuals with sufficient experience in de- products used to replenish the Strategic Na-
fense and industrial acquisition and produc- tional Stockpile, targeted to COVID–19
year, and for other purposes; which was tion matters, including such matters as de- hotspots, or going into the commercial mar-
ordered to lie on the table; as follows: scribed in section 668(a)(1)(B) of title 10, ket;
At the end of subtitle G of title XII, add United States Code. (H) metrics, formulas, and criteria used to
the following: (3) AUTHORITIES.—The Executive Officer, determine hotspots or areas of critical need
SEC. 1287. EXCLUSION OF IMPOSITION OF DUTIES acting through the National Response Co- at the State, county, and Indian Health
AND IMPORT QUOTAS FROM PRESI- ordination Center and in direct consultation Service area level;
DENTIAL AUTHORITIES UNDER with the Secretary of Homeland Security, (I) production and procurement bench-
INTERNATIONAL EMERGENCY ECO- the Secretary of Defense, the Secretary of marks, where practicable; and
NOMIC POWERS ACT. Health and Human Services, and the Sec- (J) results of the outreach and stakeholder
Section 203 of the International Emergency retary of Commerce, shall use all available reviews required by subsection (c).
Economic Powers Act (50 U.S.C. 1702) is Federal acquisition authorities, including (6) ADDITIONAL PERSONNEL.—The Secretary
amended— the authorities described under sections of Defense may detail members of the armed
(1) by redesignating subsection (c) as sub- 101(b), 102, 301, 302, 303, 704, 705, 706, 708(c) and forces on active duty, or additional civilian
section (d); and (d), and 710 of the Defense Production Act of employees of the Department of Defense, as
(2) by inserting after subsection (b) the fol- 1950 (50 U.S.C. 4511(b), 4512, 4531, 4532, 4533, appropriate, with relevant experience in ac-
lowing: 4554, 4555, 4556, 4558 (c) and (d), and 4560), to quisition matters, to support the Executive
‘‘(c)(1) The authority granted to the Presi- oversee all acquisition and logistics func- Officer.
dent by this section does not include the au- tions related to the response by the National (7) TERMINATION.—The office of the Execu-
thority to impose duties or tariff-rate quotas Response Coordination Center to COVID–19. tive Officer shall terminate 30 days after the
or (subject to paragraph (2)) other quotas on (4) RESPONSIBILITIES.—The Executive Offi- Executive Officer certifies in writing to Con-
articles entering the United States. cer, as the officer overseeing the acquisition
‘‘(2) The limitation under paragraph (1) gress that all needs of States and Indian
and logistics functions of the response by the Tribes identified in reports submitted under
does not prohibit the President from exclud-
National Response Coordination Center to subsection (c) have been met and all Federal
ing all articles, or all of a certain type of ar-
COVID–19, shall— Government stockpiles have been replen-
ticle, imported from a country from entering
(A) receive all requests for equipment and ished.
SSpencer on DSK126QN23PROD with SENATE
the United States.’’.
supplies, including personal protective (b) COMMERCIAL SECTOR PARTICIPATION.—
SA 2112. Ms. BALDWIN (for herself, equipment, from States and Indian Tribes; (1) IN GENERAL.—The Executive Officer
(B) make recommendations to the Presi- shall collect and compile data from each of
Mr. MURPHY, Mr. BLUMENTHAL, Mrs.
dent on utilizing the full authorities avail- the commercial distributors that is able to
SHAHEEN, Ms. HASSAN, Mr. MERKLEY, able under the Defense Production Act of fulfill purchase orders authorized by this
Mr. MENENDEZ, Ms. WARREN, Mr. 1950 (50 U.S.C. 4501 et seq.) to increase pro- subtitle through the Federal Emergency
JONES, Mr. BENNET, Ms. HIRONO, Mr. duction capacity as identified under subpara- Management Agency, the Defense Logistics
MARKEY, Mr. DURBIN, Mr. SCHATZ, Mr. graphs (C) and (H) of subsection (c)(1); Agency, the Department of Health and
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June 25, 2020 CONGRESSIONAL RECORD — SENATE S3547
Human Services, the Department of Vet- unclassified form but may include a classi- (B) recommendations with respect to how
erans Affairs, and any other appropriate Fed- fied annex. to ensure that the United States supply
eral agencies. (d) PURCHASE ORDERS.— chain for personal protective equipment is
(2) DATA INCLUDED.—The data to be col- (1) IN GENERAL.—Not later than 1 day after better equipped to respond to emergencies,
lected and compiled under paragraph (1) in- receiving a report required under subsection including through the use of funds in the De-
cludes— (c), the President, using authorities provided fense Production Act Fund under section 304
(A) the name and address of each delivery under the Defense Production Act of 1950 (50 of the Defense Production Act of 1950 (50
of supplies and equipment under a purchase U.S.C. 4501 et seq.), shall— U.S.C. 4534) to address shortages in that sup-
order authorized by this subtitle; (A) establish a fair and reasonable price for ply chain; and
(B) the number of such supplies and equip- the sale of equipment and supplies identified (4) in the case of each subsequent report re-
ment delivered; and in the reports required by subsection (c); and quired to be submitted under this section—
(C) the date of each such delivery. (B) issue rated priority purchase orders (A) an assessment with respect to how
(c) REPORTS REQUIRED.— pursuant to Department of Defense Directive much personal protective equipment was im-
(1) IN GENERAL.—Not later than 7 days 4400.1, part 101, subpart A of title 45, Code of ported into the United States in the year
after the date of the enactment of this Act, Federal Regulations, or any other applicable preceding submission of the report and, of
and every 7 days thereafter until the termi- acquisition authority, to procure equipment that equipment, how much would be used to
nation date described in subsection (a)(7), and supplies identified in the reports re- prepare for and respond to a future pan-
the Executive Officer, in coordination with quired by subsection (c). demic; and
the National Response Coordination Center (2) DISPOSITION OF UNUSED EQUIPMENT AND (B) a review of the implementation during
of the Federal Emergency Management SUPPLIES.—Any equipment or supplies pro- that year of the recommendations required
Agency, the Defense Logistics Agency, the duced pursuant to paragraph (1) using by paragraph (3)(B).
Department of Health and Human Services, amounts from the Defense Production Act SEC. 1094. OVERSIGHT.
the Department of Veterans Affairs, and Fund and in excess of needs identified in re- (a) IN GENERAL.—The Chairperson of the
other Federal agencies as appropriate, shall ports required by subsection (c) shall be de- Council of the Inspectors General on Integ-
submit to Congress and the President, and posited in the Strategic National Stockpile. rity and Efficiency shall designate any In-
publish in a timely manner in the Federal (3) AUTHORIZATION OF CONGRESS TO IMPOSE spector General responsible for conducting
Register a summary of, a report including— PRICE CONTROLS.—Paragraph (1)(A) shall be oversight of any program or operation per-
(A) an assessment of the needs of the deemed to be a joint resolution authorizing formed in support of this subtitle to oversee
States and Indian Tribes for equipment and the imposition of price controls for purposes the implementation of this subtitle, to the
supplies necessary to prevent, identify, miti- of section 104(a) of the Defense Production maximum extent practicable and consistent
gate, and recover from cases of COVID–19, in- Act of 1950 (50 U.S.C. 4514(a)). with the duties, responsibilities, policies,
(e) WAIVER OF CERTAIN REQUIREMENTS.— and procedures of that Inspector General.
cluding personal protective equipment, ven-
The requirements of sections 301(d)(1)(A), (b) REMOVAL.—The designation of an In-
tilators, testing supplies, construction sup-
302(d)(1), and subparagraphs (B) and (C) of spector General under subsection (a) may be
plies, and emergency food sources, for each
section 303(a)(6) of the Defense Production terminated only for permanent incapacity,
month during the 2-year period beginning on
Act of 1950 (50 U.S.C. 4531(d)(1)(A), 4532(d)(1), inefficiency, neglect of duty, malfeasance, or
the date of the enactment of this Act; and 4533(a)(6)) are waived for purposes of this
(B) an assessment of the quantities of conviction of a felony or conduct involving
section until the termination date described moral turpitude.
equipment and supplies in the Strategic Na- in subsection (a)(6).
tional Stockpile as of the date of the report (f) FUNDING.—Amounts available in the De-
and the projected gap between the quantities
SA 2113. Ms. BALDWIN (for herself,
fense Production Act Fund under section 304 Mr. BLUMENTHAL, Mr. VAN HOLLEN, Mr.
of equipment and supplies identified as need- of the Defense Production Act of 1950 (50
ed in the assessment under subparagraph (A) U.S.C. 4534) shall be available for purchases
LEAHY, and Mr. TESTER) submitted an
and the quantities in the Stockpile; made under this section. amendment intended to be proposed by
(C) an identification of the industry sec- (g) DEFINITIONS.—In this section: her to the bill S. 4049, to authorize ap-
tors and manufacturers most ready to fulfill (1) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ propriations for fiscal year 2021 for
purchase orders for such equipment and sup- has the meaning given the term ‘‘Indian military activities of the Department
plies, including manufacturers that may be tribe’’ in section 4 of the Indian Self-Deter- of Defense, for military construction,
incentivized, through the exercise of author- mination and Education Assistance Act (25
ity under section 303(e) of the Defense Pro-
and for defense activities of the De-
U.S.C. 5304).
duction Act of 1950 (50 U.S.C. 4533(e)), to (2) INDIAN HEALTH SERVICE AREA.—The term
partment of Energy, to prescribe mili-
modify, expand, or improve production proc- ‘‘Indian Health Service area’’ has the mean- tary personnel strengths for such fiscal
esses to manufacture such equipment and ing given the term ‘‘Service area’’ in section year, and for other purposes; which was
supplies; 4 of the Indian Health Care Improvement Act ordered to lie on the table; as follows:
(D) an estimate of the funding and other (25 U.S.C. 1603). At the end of subtitle F of title X, add the
measures necessary to rapidly expand manu- (3) STATE.—The term ‘‘State’’ means each following:
facturing production capacity for such equip- State of the United States, the District of SEC. 1064. COMPTROLLER GENERAL OF THE
ment and supplies, including— Columbia, the Commonwealth of Puerto UNITED STATES REPORT ON CER-
(i) any efforts to expand, retool, or recon- Rico, American Samoa, Guam, the Common- TAIN USES OF THE NATIONAL
figure production lines; wealth of the Northern Mariana Islands, the GUARD.
(ii) any efforts to establish new production Virgin Islands of the United States, and any (a) REPORT REQUIRED.—Not later than one
lines through the purchase and installation other territory or possession of the United year after the date of the enactment of this
of new equipment; or States. Act, the Comptroller General of the United
(iii) the issuance of additional contracts, (4) UNIFORMED SERVICES.—The term ‘‘uni- States shall submit to the congressional de-
purchase orders, purchase guarantees, or formed services’’ has the meaning given that fense committees a report on the use of the
other similar measures; term in section 101 of title 37, United States National Guard when members and units of
(E) an identification of government and Code. the National Guard are performing training
privately owned stockpiles of equipment and SEC. 1093. ANNUAL COMPTROLLER GENERAL RE- or duty under the authorities in title 32,
supplies not included in the Strategic Na- PORT. United States Code.
tional Stockpile that could be repaired or re- Not later than 180 days after the date of (b) ELEMENTS.—The report required by sub-
furbished; the enactment of this Act, and annually section (a) shall include the following:
(F) an identification of previously distrib- thereafter, the Comptroller General of the (1) A description and assessment of the use
uted critical supplies that can be redistrib- United States shall submit to Congress a re- of the National Guard to perform or support
uted based on current need; port assessing the Strategic National Stock- Federally funded operations or missions
(G) an identification of critical areas of pile, including— under title 32, United States Code, during
need by county and Indian Health Service (1) recommendations for preparing for and the period beginning on October 1, 1999, and
area in the United States and the metrics responding to future pandemics; ending on the date of the enactment of this
and criteria for their identification as crit- (2) recommendations for changes to the Act, including operations or missions related
ical; Strategic National Stockpile, including to to any of the following:
(H) an inventory of the national produc- the management of the stockpile; (A) Airport security.
SSpencer on DSK126QN23PROD with SENATE
tion capacity for equipment and supplies (3) in the case of the first report required (B) Disaster relief support.
identified as needed in the assessment under to be submitted under this section— (C) Support for, or direct participation in,
subparagraph (A); and (A) an assessment with respect to how law enforcement activities, including, but
(I) an identification of the needs of essen- much personal protective equipment used for not limited to, law enforcement activities
tial employees and healthcare workers based the COVID–19 response was sourced within along the United States border.
on regular stakeholder reviews. the United States and how much was sourced (D) Cybersecurity and intelligence support.
(2) FORM OF REPORTS.—Each report re- from the People’s Republic of China and (E) Pandemic response in connection with
quired by paragraph (1) shall be submitted in other foreign countries; and the Coronavirus Disease 2019 (COVID–19).
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