,,ii #aafth ,,congress #b;d ,session ,s4 #cfbg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #f1 #bjbj,ms4 ,baldwin 7for herself1 ,mr4 ,murphy1 ,mr4 ,bennet1 ,mr4 ,blumenthal1 ,mr4 ,booker1 ,mr4 ,casey1 ,ms4 ,cortez ,masto1 ,mrs4 ,feinstein1 ,mrs4 ,gillibrand1 ,ms4 ,harris1 ,ms4 ,hassan1 ,ms4 ,hirono1 ,mr4 ,kaine1 ,ms4 ,klobuchar1 ,mr4 ,manchin1 ,mr4 ,merkley1 ,mr4 ,peters1 ,ms4 ,rosen1 ,mr4 ,sanders1 ,mr4 ,schatz1 ,mrs4 ,shaheen1 ,ms4 ,smith1 ,ms4 ,stabenow1 ,mr4 ,van ,hollen1 ,ms4 ,warren1 ,mr4 ,whitehouse1 ,mr4 ,heinrich1 ,mr4 ,leahy1 ,mr4 ,reed1 ,mr4 ,brown1 ,mr4 ,udall1 ,mr4 ,durbin1 ,mr4 ,schumer1 ,mr4 ,markey1 ,mr4 ,menendez1 ,mr4 ,king1 ,mr4 ,tester1 ,mr4 ,wyden1 ,mr4 ,cardin1 ,mr4 ,carper1 ,mr4 ,coons1 ,ms4 ,duckworth1 ,mrs4 ,murray1 ,mr4 ,warner1 ,mr4 ,jones1 and ,ms4 ,cantwell7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to provide for the expedited and transparent procurement and distribution of equipment and supplies needed to combat ,,covid-#ai4 #a4 ,short title ,this ,act may be cited as the ,medical ,supply ,transparency and ,delivery ,act4 #b4 ,emergency production of medical equipment and supplies to address ,,covid-#ai 7a7 ,executive ,officer for ,critical ,medical ,equipment and ,supplies 7#a7 ,appointment ,not later than #c days after the date of the enactment of this ,act1 the ,secretary of ,defense shall appoint1 detail1 or temporarily assign a civilian to serve as the ,executive ,officer for ,critical ,medical ,equipment and ,supplies 7in this section referred to as the ,executive ,officer71 who shall-- 7,a7 direct1 through the ,national ,response ,coordination ,center of the ,federal ,emergency ,management ,agency1 the national production and distribution of critical medical equipment and supplies1 including personal protective equipment1 in support of the response of the ,federal ,emergency ,management ,agency to the ,coronavirus ,disease #bjai 7commonly known as ,,covid-#ai72 and 7,b7 report directly to the ,administrator of the ,federal ,emergency ,management ,agency for the duration of the appointment1 detail1 or temporary assignment4 7#b7 ,qualifications ,the ,secretary of ,defense1 in consultation with the ,administrator of the ,federal ,emergency ,management ,agency1 shall select the individual to serve as the ,executive ,officer from among individuals with sufficient experience in defense and industrial acquisition and production matters1 including such matters as described in section #ffh7;a77#a77;,b7 of title #aj1 ,united ,states ,code4 7#c7 ,authorities ,the ,executive ,officer1 acting through the ,national ,response ,coordination ,center and in direct consultation with the ,secretary of ,homeland ,security1 the ,secretary of ,defense1 the ,secretary of ,health and ,human ,services1 and the ,secretary of ,commerce1 shall use all available ,federal acquisition authorities1 including the authorities described under sections #aja7;b71 #ajb1 #cja1 #cjb1 #cjc1 #gjd1 #gje1 #gjf1 #gjh7;c7 and 7d71 and #gaj of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #deaa7;b71 #deab1 #deca1 #decb1 #decc1 #deed1 #deee1 #deef1 #deeh 7c7 and 7d71 and #defj71 to oversee all acquisition and logistics functions related to the response by the ,national ,response ,coordination ,center to ,,covid-#ai4 7#d7 ,responsibilities ,the ,executive ,officer1 as the officer overseeing the acquisition and logistics functions of the response by the ,national ,response ,coordination ,center to ,,covid-#ai1 shall-- 7,a7 receive all requests for equipment and supplies1 including personal protective equipment1 from ,states and ,indian ,tribes2 7,b7 make recommendations to the ,president on utilizing the full authorities available under the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #deja et seq47 to increase production capacity as identified under subparagraphs 7,c7 and 7,h7 of subsection 7c77#a72 7,c7 ensure that allocation of critical resources is carried out in a manner consistent with the needs identified in the reports required by subsection 7c72 7,d7 direct1 in consultation with the ,federal ,emergency ,management ,agency1 the ,department of ,health and ,human ,services1 the ,defense ,logistics ,agency1 and other ,federal agencies as appropriate1 all distribution of critical equipment and supplies to the ,states and ,indian ,tribes1 through existing commercial distributers where practical2 7,e7 communicate with ,state and local governments and ,indian ,tribes with respect to availability and delivery schedule of equipment and supplies2 7,f7 contribute to the ,,covid-#ai strategic testing plan required by title ,i of division ,b of the ,paycheck ,protection ,program and ,health ,care ,enhancement ,act 7,public ,law #aaf-aci7 to ensure the ,secretary of ,health and ,human ,services includes in that plan a comprehensive plan to scale production and optimize distribution of ,,covid-#ai tests1 including molecular1 antigen1 and serological tests1 in the ,united ,states2 and 7,g7 establish1 in direct consultation with the ,secretary of ,health and ,human ,services1 and the heads of any other appropriate ,federal agencies1 a comprehensive plan to address necessary supply chain issues in order to rapidly scale up production of a ,,sars-,co,v-#b vaccine4 7#e7 ,transparency ,the ,executive ,officer shall make available1 including on a publicly available website1 information1 updated not less frequently than every #c days1 including-- 7,a7 the reports required by subsection 7c72 7,b7 requests for equipment and supplies from ,state governments and ,indian ,tribes2 7,c7 standards used for data collection2 7,d7 modeling and any formulas used to determine allocation of equipment and supplies1 and any related chain of command making final decisions on allocations2 7,e7 the amount and destination of equipment and supplies delivered2 7,f7 an explanation of why any portion of a purchase order placed under subsection 7d71 whether to replenish the ,strategic ,national ,stockpile or otherwise1 will not be filled2 7,g7 the percentage amounts of procured products used to replenish the ,strategic ,national ,stockpile1 targeted to ,,covid-#ai hotspots1 or going into the commercial market2 7,h7 metrics1 formulas1 and criteria used to determine hotspots or areas of critical need at the ,state1 county1 and ,indian ,health ,service area level2 7,i7 production and procurement benchmarks1 where practicable2 and 7,j7 results of the outreach and stakeholder reviews required by subsection 7c74 7#f7 ,additional personnel ,the ,secretary of ,defense may detail members of the armed forces on active duty1 or additional civilian employees of the ,department of ,defense1 as appropriate1 with relevant experience in acquisition matters1 to support the ,executive ,officer4 7#g7 ,termination ,the office of the ,executive ,officer shall terminate #cj days after the ,executive ,officer certifies in writing to ,congress that all needs of ,states and ,indian ,tribes identified in reports submitted under subsection 7c7 have been met and all ,federal ,government stockpiles have been replenished4 7b7 ,commercial sector participation 7#a7 ,in general ,the ,executive ,officer shall collect and compile data from each of the commercial distributors that is able to fulfill purchase orders authorized by this ,act through the ,federal ,emergency ,management ,agency1 the ,defense ,logistics ,agency1 the ,department of ,health and ,human ,services1 the ,department of ,veterans ,affairs1 and any other appropriate ,federal agencies4 7#b7 ,data included ,the data to be collected and compiled under paragraph 7#a7 includes-- 7,a7 the name and address of each delivery of supplies and equipment under a purchase order authorized by this ,act2 7,b7 the number of such supplies and equipment delivered2 and 7,c7 the date of each such delivery4 7c7 ,reports required 7#a7 ,in general ,not later than #g days after the date of the enactment of this ,act1 and every #g days thereafter until the termination date described in subsection 7a77#g71 the ,executive ,officer1 in coordination with the ,national ,response ,coordination ,center of the ,federal ,emergency ,management ,agency1 the ,defense ,logistics ,agency1 the ,department of ,health and ,human ,services1 the ,department of ,veterans ,affairs1 and other ,federal agencies as appropriate1 shall submit to ,congress and the ,president1 and publish in a timely manner in the ,federal ,register a summary of1 a report including-- 7,a7 an assessment of the needs of the ,states and ,indian ,tribes for equipment and supplies necessary to prevent1 identify1 mitigate1 and recover from cases of ,,covid-#ai1 including personal protective equipment1 ventilators1 testing supplies1 construction supplies1 and emergency food sources1 for each month during the #b-year period beginning on the date of the enactment of this ,act2 7,b7 an assessment of the quantities of equipment and supplies in the ,strategic ,national ,stockpile 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 subparagraph 7,a7 and the quantities in the ,stockpile2 7,c7 an identification of the industry sectors and manufacturers most ready to fulfill purchase orders for such equipment and supplies1 including manufacturers that may be incentivized1 through the exercise of authority under section #cjc7;e7 of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #decc7;e771 to modify1 expand1 or improve production processes to manufacture such equipment and supplies2 7,d7 an estimate of the funding and other measures necessary to rapidly expand manufacturing production capacity for such equipment and supplies1 including-- 7i7 any efforts to expand1 retool1 or reconfigure production lines2 7ii7 any efforts to establish new production lines through the purchase and installation of new equipment2 or 7iii7 the issuance of additional contracts1 purchase orders1 purchase guarantees1 or other similar measures2 7,e7 an identification of government and privately owned stockpiles of equipment and supplies not included in the ,strategic ,national ,stockpile that could be repaired or refurbished2 7,f7 an identification of previously distributed critical supplies that can be redistributed based on current need2 7,g7 an identification of critical areas of need by county and ,indian ,health ,service area in the ,united ,states and the metrics and criteria for their identification as critical2 7,h7 an inventory of the national production capacity for equipment and supplies identified as needed in the assessment under subparagraph 7,a72 and 7,i7 an identification of the needs of essential employees and healthcare workers based on regular stakeholder reviews4 7#b7 ,form of reports ,each report required by paragraph 7#a7 shall be submitted in unclassified form but may include a classified annex4 7d7 ,purchase orders 7#a7 ,in general ,not later than #a day after receiving a report required under subsection 7c71 the ,president1 using authorities provided under the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #deja et seq471 shall-- 7,a7 establish a fair and reasonable price for the sale of equipment and supplies identified in the reports required by subsection 7c72 and 7,b7 issue rated priority purchase orders pursuant to ,department of ,defense ,directive #ddjj4a1 part #aja1 subpart ,a of title #de1 ,code of ,federal ,regulations1 or any other applicable acquisition authority1 to procure equipment and supplies identified in the reports required by subsection 7c74 7#b7 ,disposition of unused equipment and supplies ,any equipment or supplies produced pursuant to paragraph 7#a7 using amounts from the ,defense ,production ,act ,fund and in excess of needs identified in reports required by subsection 7c7 shall be deposited in the ,strategic ,national ,stockpile4 7#c7 ,authorization of ,congress to impose price controls ,paragraph 7#a77;,a7 shall be deemed to be a joint resolution authorizing the imposition of price controls for purposes of section #ajd7;a7 of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #dead7;a774 7e7 ,waiver of certain requirements ,the requirements of sections #cja7;d77#a77;,a71 #cjb7;d77#a71 and subparagraphs 7,b7 and 7,c7 of section #cjc7;a77#f7 of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #deca7;d77#a77;,a71 #decb7;d77#a71 and #decc7;a77#f77 are waived for purposes of this section until the termination date described in subsection 7a77#f74 7f7 ,funding ,amounts available in the ,defense ,production ,act ,fund under section #cjd of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #decd7 shall be available for purchases made under this section4 7g7 ,definitions ,in this section3 7#a7 ,indian tribe ,the term ,indian ,tribe has the meaning given the term ,indian tribe in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#b7 ,indian ,health ,service area ,the term ,indian ,health ,service area has the meaning given the term ,service area in section #d of the ,indian ,health ,care ,improvement ,act 7#be ,u4,s4,c4 #afjc74 7#c7 ,state ,the term ,state means each ,state of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 ,american ,samoa1 ,guam1 the ,commonwealth of the ,northern ,mariana ,islands1 the ,virgin ,islands of the ,united ,states1 and any other territory or possession of the ,united ,states4 7#d7 ,uniformed services ,the term uniformed services has the meaning given that term in section #aja of title #cg1 ,united ,states ,code4 #c4 ,annual ,comptroller ,general report ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report assessing the ,strategic ,national ,stockpile1 including-- 7#a7 recommendations for preparing for and responding to future pandemics2 7#b7 recommendations for changes to the ,strategic ,national ,stockpile1 including to the management of the stockpile2 7#c7 in the case of the first report required to be submitted under this section-- 7,a7 an assessment with respect to how much personal protective equipment used for the ,,covid-#ai response was sourced within the ,united ,states and how much was sourced from the ,people's ,republic of ,china and other foreign countries2 and 7,b7 recommendations with respect to how to ensure that the ,united ,states supply chain for personal protective equipment is better equipped to respond to emergencies1 including through the use of funds in the ,defense ,production ,act ,fund under section #cjd of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #decd7 to address shortages in that supply chain2 and 7#d7 in the case of each subsequent report required to be submitted under this section-- 7,a7 an assessment with respect to how much personal protective equipment was imported into the ,united ,states in the year preceding submission of the report and1 of that equipment1 how much would be used to prepare for and respond to a future pandemic2 and 7,b7 a review of the implementation during that year of the recommendations required by paragraph 7#c77;,b74 #d4 ,oversight 7a7 ,in general ,the ,chairperson of the ,council of the ,inspectors ,general on ,integrity and ,efficiency shall designate any ,inspector ,general responsible for conducting oversight of any program or operation performed in support of this ,act to oversee the implementation of this ,act1 to the maximum extent practicable and consistent with the duties1 responsibilities1 policies1 and procedures of that ,inspector ,general4 7b7 ,removal ,the designation of an ,inspector ,general under subsection 7a7 may be terminated only for permanent incapacity1 inefficiency1 neglect of duty1 malfeasance1 or conviction of a felony or conduct involving moral turpitude4