II 

116TH CONGRESS 

2D SESSION S. 4204 

To establish an Interagency Task Force to analyze preparedness for national 

pandemics, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 2, 2020 

Mr. JOHNSON introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To establish an Interagency Task Force to analyze 

preparedness for national pandemics, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Emergency 

5 Pandemic Response Act’’. 

6 SEC. 2. INTERAGENCY TASK FORCE TO ANALYZE PRE7 PAREDNESS FOR NATIONAL PANDEMIC. 

8 (a) IN GENERAL.—The Secretary of Homeland Secu9 rity shall convene an Interagency Task Force (referred to 

10 in this section as the ‘‘Task Force’’) of Federal entities 


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1 for the purpose of analyzing the preparedness of the 

2 United States for national pandemics. 

3 (b) PARTICIPANTS.—The Task Force shall be com4 prised of the following members: 

5 (1) The Secretary of Homeland Security. 

6 (2) The Under Secretary for Management of 

7 the Department of Homeland Security. 

8 (3) The Administrator of the Federal Emer9 gency Management Agency. 

10 (4) The Administrator of the Transportation 

11 Security Agency. 

12 (5) The Director of the Office of Countering 

13 Weapons of Mass Destruction. 

14 (6) The Secretary of Health and Human Serv15 ices. 

16 (7) The Secretary of Defense. 

17 (8) The Director of the Office of Management 

18 and Budget. 

19 (9) Any other head of a Federal agency as the 

20 Secretary of Homeland Security determines nec21 essary. 

22 (c) RESPONSIBILITIES.—The Task Force shall— 

23 (1) determine the mission of the Strategic Na24 tional Stockpile and clearly define it; 


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1 (2) examine whether the mission statement de2 termined under paragraph (1) aligns with the name 

3 of the Strategic National Stockpile and consider 

4 whether it is necessary to change the name; 

5 (3) perform an assessment of the current inven6 tory and future inventory needs of the Strategic Na7 tional Stockpile, including— 

8 (A) list all current medical supplies, equip9 ment and other items in the stockpile; 

10 (B) determine the appropriate inventory 

11 levels for each item identified under subpara12 graph (A) in the stockpile; 

13 (C) determine the appropriate location or 

14 locations for storing the stockpile, and which 

15 Federal agency should be responsible for main16 taining the inventory; 

17 (D) develop a plan to ensure the proper 

18 maintenance of the inventory, including when 

19 supplies and equipment need to be rotated or 

20 disposed of; and 

21 (E) develop a plan to ensure maximum 

22 interagency coordination of the management of 

23 the stockpile; 

24 (4) consider any other measures relating to the 

25 Strategic National Stockpile necessary to ensure 


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1 that the stockpile is appropriately resourced for fu2 ture pandemic and related emergencies; 

3 (5) share the information developed under para4 graphs (1) through (4) with the National Response 

5 Coordination Center; and 

6 (6) not later than 180 days after the date of 

7 enactment of this Act, submit a report to Congress 

8 on the recommendations of the Task Force devel9 oped under paragraphs (1) through (4). 

10 SEC. 3. ESTABLISHMENT OF THE UNIFIED COORDINATION 

11 GROUP WITHIN THE FEDERAL EMERGENCY 

12 MANAGEMENT AGENCY. 

13 (a) ESTABLISHMENT.—There is established within 

14 the executive branch the Unified Coordination Group lead 

15 by the Administrator of the Federal Emergency Manage16 ment Agency. 

17 (b) OTHER PARTICIPANTS.—In addition to the Ad18 ministrator of the Federal Emergency Management agen19 cy, the Unified Coordination Group shall include— 

20 (1) the Assistant Secretary for Preparedness 

21 and Response at the Department of Health and 

22 Human Services; 

23 (2) the Assistant Secretary for Health at the 

24 Department of Health and Human Services; and 


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1 (3) the Director of the Centers of Disease Con2 trol and Prevention at the Department of Health 

3 and Human Services. 

4 (c) ACTIVATING THE UNIFIED COORDINATION

5 GROUP.—The Unified Coordination Group shall only be 

6 activated upon— 

7 (1) the issuance of a public health emergency 

8 by the Secretary of Health and Human Services; 

9 (2) an emergency declaration by the Adminis10 trator of the Federal Emergency Management Agen11 cy; or 

12 (3) a major disaster declaration as determined 

13 by the President in response to a public health pan14 demic. 

15 (d) RESPONSIBILITIES.—The Unified Coordination 

16 Group shall— 

17 (1) identify and periodically reevaluate the 

18 needs of the Strategic National Stockpile; 

19 (2) refer the information described in para20 graph (1) to the National Response Coordination 

21 Center at the Federal Emergency Management 

22 Agency, and the Department of Health and Human 

23 Services; and 


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1 (3) share the information gathered from the re2 sponsibilities in paragraphs (1) and (2) with the Na3 tional Response Coordination Center. 

4 SEC. 4. ESTABLISHMENT OF THE SUPPLY CHAIN STA5 BILIZATION TASK FORCE WITHIN THE FED6 ERAL EMERGENCY MANAGEMENT AGENCY. 

7 (a) ESTABLISHMENT.—There is established within 

8 the Federal Emergency Management Agency a Supply 

9 Chain Stabilization Task Force to address the supply of 

10 critical protective and life saving equipment. 

11 (b) RESPONSIBILITIES.—The Supply Chain Sta12 bilization Task Force shall— 

13 (1) develop a plan for how the Federal Govern14 ment will— 

15 (A) preserve and replenish inventoried 

16 equipment, including how to extend the shelf 

17 life of personal protective equipment and other 

18 supplies, including developing and verifying 

19 techniques to clean and recycle necessary equip20 ment; 

21 (B) accelerate the production of equipment 

22 in the event of an emergency, including working 

23 with the private sector to determine— 

24 (i) the current United States manu25 facturing capacity of necessary equipment; 


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1 (ii) the expected timeframes for global 

2 vendors to deliver necessary equipment to 

3 United States distributors; and 

4 (iii) how the production and access to 

5 necessary equipment would be affected in 

6 the event of a global pandemic; 

7 (C) expand the production of necessary 

8 equipment, including working with the private 

9 sector to identify excess raw materials, work10 force, or factory production capacity in response 

11 to a pandemic that are necessary to address 

12 and overcome supply shortfalls; and 

13 (D) equitably allocate the equipment in the 

14 event of a pandemic, including working with 

15 major commercial distributors to distribute the 

16 rapid distribution of critical resources in short 

17 supply to areas most in need during a pan18 demic; and 

19 (2) participate in information sharing with the 

20 National Response Coordination Center in devel21 oping the plan required under paragraph (1). 

22 (c) AUTHORITY.—If necessary to meet current de23 mand in the event of a pandemic, the Secretary of Home24 land Security may delegate to the Administrator of the 

25 Federal Emergency Management Agency, acting through 


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1 the Supply Chain Stabilization Task Force, the authority 

2 to enter into contractual agreements with private shipping 

3 companies by covering costs for direct shipping from over4 sees factories into United States airports for the purposes 

5 of obtaining personal protective equipment. 

6 SEC. 5. NATIONAL RESPONSE COORDINATION CENTER 

7 ROLE IN IMPROVING TRANSPARENCY. 

8 (a) COORDINATION WITH STATES.—The National 

9 Response Coordination Center, acting through the appro10 priate Federal Emergency Management Agency Regional 

11 Administrators, shall— 

12 (1) request voluntary information from States 

13 regarding their holdings of equipment and medical 

14 supply necessary in the event of a pandemic; and 

15 (2) share information with States regarding the 

16 Federal Government’s current inventory and plan 

17 developed under section 4(b)(1). 

18 (b) REPORT TO CONGRESS.—The National Response 

19 Coordination Center shall provide an annual report to 

20 Congress on the activities under this section. 

21 SEC. 6. OTHER AUTHORITIES. 

22 (a) IN GENERAL.—The Administrator of the Federal 

23 Emergency Management Agency, in coordination with the 

24 Secretary of Health and Human Services, may sell medical 

25 supplies and equipment maintained in the Strategic NaVerDate Sep 11 2014 22:42 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4204.IS S4204

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1 tional Stockpile, or its successor, to the private, nonprofit, 

2 or State, local, Tribal, or territorial entity for immediate 

3 use and distribution that are— 

4 (1) within 1 year of the medial product or 

5 equipment’s expiration date; or 

6 (2) the item maintained in the inventory is de7 termined to no longer be necessary to be maintained 

8 in the inventory due to advances in medical and 

9 technical capabilities. 

10 (b) REQUIREMENT.—The Administrator of the Fed11 eral Emergency Management Agency, in coordination with 

12 the Secretary of Health and Human Services, shall mon13 itor the inventory stockpile levels, economic and healthcare 

14 models, and evaluate available data on supply and demand 

15 trends to restock and increase the inventory of supplies 

16 maintained in the Strategic National Stockpile or its suc17 cessor. 

18 (c) AUTHORIZATION OF TRANSFER OF EQUIP19 MENT.—During a public health emergency declared by the 

20 Secretary of Health and Human Services under section 

21 319(a) of the Public Health Service Act (42 U.S.C. 

22 247d(a)), the Secretary of Homeland Security, at the re23 quest of the Secretary of Health and Human Services, 

24 may transfer to the Department of Health and Human 

25 Services, on a reimbursable basis, personal protection 


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1 equipment or medically necessary equipment in the posses2 sion of the Department. 

3 (d) DETERMINATION BY SECRETARIES.— 

4 (1) IN GENERAL.—In carrying out subsection 

5 (c)— 

6 (A) before requesting a transfer under sub7 section (c), the Secretary of Health and Human 

8 Services shall determine whether the personal 

9 protection equipment or medically necessary 

10 equipment is otherwise available, including 

11 available by required performance of a contract 

12 or order under section 101 of the Defense Pro13 duction Act of 1950 (50 U.S.C. 4511); and 

14 (B) the Secretary of Homeland Security 

15 shall determine whether the personal protection 

16 equipment or medically necessary equipment re17 quested to be transferred under subsection (c) 

18 is excess equipment. 

19 (2) NOTIFICATION.—The Secretary of Health 

20 and Human Services and the Secretary shall each 

21 submit to Congress a notification explaining the de22 termination made under subparagraphs (A) and (B), 

23 respectively, of paragraph (1). 

24 (3) REQUIRED INVENTORY.—The Secretary of 

25 Homeland Security shall— 


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1 (A) maintain an inventory of all personal 

2 protection equipment and medically necessary 

3 equipment in the possession of the Department; 

4 and 

5 (B) make the inventory required under 

6 paragraph (1) available, on a continual basis, 

7 to— 

8 (i) the Secretary of Health and 

9 Human Services; and 

10 (ii) the Committee on Appropriations 

11 and the Committee on Homeland Security 

12 and Governmental Affairs of the Senate 

13 and the Committee on Appropriations and 

14 the Committee on Homeland Security of 

15 the House of Representatives. 

Æ 


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