II 

Calendar No. 573 

116TH CONGRESS 

2D SESSION S. 4204 

[Report No. 116–279] 

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 (for himself and Mr. SCOTT of Florida) introduced the following 

bill; which was read twice and referred to the Committee on Homeland 

Security and Governmental Affairs 

OCTOBER 19, 2020 

Reported by Mr. JOHNSON, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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’’. 


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1 SEC. 2. INTERAGENCY TASK FORCE TO ANALYZE PRE2 PAREDNESS FOR NATIONAL PANDEMIC. 

3 (a) IN GENERAL.—The Secretary of Homeland Secu4 rity shall convene an Interagency Task Force (referred to 

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

6 for the purpose of analyzing the preparedness of the 

7 United States for national pandemics. 

8 (b) PARTICIPANTS.—The Task Force shall be com9 prised of the following members: 

10 (1) The Secretary of Homeland Security. 

11 (2) The Under Secretary for Management of 

12 the Department of Homeland Security. 

13 (3) The Administrator of the Federal Emer14 gency Management Agency. 

15 (4) The Administrator of the Transportation 

16 Security Agency. 

17 (5) The Director of the Office of Countering 

18 Weapons of Mass Destruction. 

19 (6) The Secretary of Health and Human Serv20 ices. 

21 (7) The Secretary of Defense. 

22 (8) The Director of the Office of Management 

23 and Budget. 

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

25 Secretary of Homeland Security determines nec26 essary. 


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

2 (1) determine the mission of the Strategic Na3 tional Stockpile and clearly define it; 

4 (2) examine whether the mission statement de5 termined under paragraph (1) aligns with the name 

6 of the Strategic National Stockpile and consider 

7 whether it is necessary to change the name; 

8 (3) perform an assessment of the current inven9 tory and future inventory needs of the Strategic Na10 tional Stockpile, including— 

11 (A) list all current medical supplies, equip12 ment and other items in the stockpile; 

13 (B) determine the appropriate inventory 

14 levels for each item identified under subpara15 graph (A) in the stockpile; 

16 (C) determine the appropriate location or 

17 locations for storing the stockpile, and which 

18 Federal agency should be responsible for main19 taining the inventory; 

20 (D) develop a plan to ensure the proper 

21 maintenance of the inventory, including when 

22 supplies and equipment need to be rotated or 

23 disposed of; and 


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1 (E) develop a plan to ensure maximum 

2 interagency coordination of the management of 

3 the stockpile; 

4 (4) consider any other measures relating to the 

5 Strategic National Stockpile necessary to ensure 

6 that the stockpile is appropriately resourced for fu7 ture pandemic and related emergencies; 

8 (5) share the information developed under para9 graphs (1) through (4) with the National Response 

10 Coordination Center; and 

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

12 enactment of this Act, submit a report to Congress 

13 on the recommendations of the Task Force devel14 oped under paragraphs (1) through (4). 

15 SEC. 3. ESTABLISHMENT OF THE UNIFIED COORDINATION 

16 GROUP WITHIN THE FEDERAL EMERGENCY 

17 MANAGEMENT AGENCY. 

18 (a) ESTABLISHMENT.—There is established within 

19 the executive branch the Unified Coordination Group lead 

20 by the Administrator of the Federal Emergency Manage21 ment Agency. 

22 (b) OTHER PARTICIPANTS.—In addition to the Ad23 ministrator of the Federal Emergency Management agen24 cy, the Unified Coordination Group shall include— 


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1 (1) the Assistant Secretary for Preparedness 

2 and Response at the Department of Health and 

3 Human Services; 

4 (2) the Assistant Secretary for Health at the 

5 Department of Health and Human Services; and 

6 (3) the Director of the Centers of Disease Con7 trol and Prevention at the Department of Health 

8 and Human Services. 

9 (c) ACTIVATING THE UNIFIED COORDINATION

10 GROUP.—The Unified Coordination Group shall only be 

11 activated upon— 

12 (1) the issuance of a public health emergency 

13 by the Secretary of Health and Human Services; 

14 (2) an emergency declaration by the Adminis15 trator of the Federal Emergency Management Agen16 cy; or 

17 (3) a major disaster declaration as determined 

18 by the President in response to a public health pan19 demic. 

20 (d) RESPONSIBILITIES.—The Unified Coordination 

21 Group shall— 

22 (1) identify and periodically reevaluate the 

23 needs of the Strategic National Stockpile; 

24 (2) refer the information described in para25 graph (1) to the National Response Coordination 


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1 Center at the Federal Emergency Management 

2 Agency, and the Department of Health and Human 

3 Services; and 

4 (3) share the information gathered from the re5 sponsibilities in paragraphs (1) and (2) with the Na6 tional Response Coordination Center. 

7 SEC. 4. ESTABLISHMENT OF THE SUPPLY CHAIN STA8 BILIZATION TASK FORCE WITHIN THE FED9 ERAL EMERGENCY MANAGEMENT AGENCY. 

10 (a) ESTABLISHMENT.—There is established within 

11 the Federal Emergency Management Agency a Supply 

12 Chain Stabilization Task Force to address the supply of 

13 critical protective and life saving equipment. 

14 (b) RESPONSIBILITIES.—The Supply Chain Sta15 bilization Task Force shall— 

16 (1) develop a plan for how the Federal Govern17 ment will— 

18 (A) preserve and replenish inventoried 

19 equipment, including how to extend the shelf 

20 life of personal protective equipment and other 

21 supplies, including developing and verifying 

22 techniques to clean and recycle necessary equip23 ment; 


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1 (B) accelerate the production of equipment 

2 in the event of an emergency, including working 

3 with the private sector to determine— 

4 (i) the current United States manu5 facturing capacity of necessary equipment; 

6 (ii) the expected timeframes for global 

7 vendors to deliver necessary equipment to 

8 United States distributors; and 

9 (iii) how the production and access to 

10 necessary equipment would be affected in 

11 the event of a global pandemic; 

12 (C) expand the production of necessary 

13 equipment, including working with the private 

14 sector to identify excess raw materials, work15 force, or factory production capacity in response 

16 to a pandemic that are necessary to address 

17 and overcome supply shortfalls; and 

18 (D) equitably allocate the equipment in the 

19 event of a pandemic, including working with 

20 major commercial distributors to distribute the 

21 rapid distribution of critical resources in short 

22 supply to areas most in need during a pan23 demic; and 


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1 (2) participate in information sharing with the 

2 National Response Coordination Center in devel3 oping the plan required under paragraph (1). 

4 (c) AUTHORITY.—If necessary to meet current de5 mand in the event of a pandemic, the Secretary of Home6 land Security may delegate to the Administrator of the 

7 Federal Emergency Management Agency, acting through 

8 the Supply Chain Stabilization Task Force, the authority 

9 to enter into contractual agreements with private shipping 

10 companies by covering costs for direct shipping from over11 sees factories into United States airports for the purposes 

12 of obtaining personal protective equipment. 

13 SEC. 5. NATIONAL RESPONSE COORDINATION CENTER 

14 ROLE IN IMPROVING TRANSPARENCY. 

15 (a) COORDINATION WITH STATES.—The National 

16 Response Coordination Center, acting through the appro17 priate Federal Emergency Management Agency Regional 

18 Administrators, shall— 

19 (1) request voluntary information from States 

20 regarding their holdings of equipment and medical 

21 supply necessary in the event of a pandemic; and 

22 (2) share information with States regarding the 

23 Federal Government’s current inventory and plan 

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


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

2 Coordination Center shall provide an annual report to 

3 Congress on the activities under this section. 

4 SEC. 6. OTHER AUTHORITIES. 

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

6 Emergency Management Agency, in coordination with the 

7 Secretary of Health and Human Services, may sell medical 

8 supplies and equipment maintained in the Strategic Na9 tional Stockpile, or its successor, to the private, nonprofit, 

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

11 use and distribution that are— 

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

13 equipment’s expiration date; or 

14 (2) the item maintained in the inventory is de15 termined to no longer be necessary to be maintained 

16 in the inventory due to advances in medical and 

17 technical capabilities. 

18 (b) REQUIREMENT.—The Administrator of the Fed19 eral Emergency Management Agency, in coordination with 

20 the Secretary of Health and Human Services, shall mon21 itor the inventory stockpile levels, economic and healthcare 

22 models, and evaluate available data on supply and demand 

23 trends to restock and increase the inventory of supplies 

24 maintained in the Strategic National Stockpile or its suc25 cessor. 


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1 (c) AUTHORIZATION OF TRANSFER OF EQUIP2 MENT.—During a public health emergency declared by the 

3 Secretary of Health and Human Services under section 

4 319(a) of the Public Health Service Act (42 U.S.C. 

5 247d(a)), the Secretary of Homeland Security, at the re6 quest of the Secretary of Health and Human Services, 

7 may transfer to the Department of Health and Human 

8 Services, on a reimbursable basis, personal protection 

9 equipment or medically necessary equipment in the posses10 sion of the Department. 

11 (d) DETERMINATION BY SECRETARIES.— 

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

13 (c)— 

14 (A) before requesting a transfer under sub15 section (c), the Secretary of Health and Human 

16 Services shall determine whether the personal 

17 protection equipment or medically necessary 

18 equipment is otherwise available, including 

19 available by required performance of a contract 

20 or order under section 101 of the Defense Pro21 duction Act of 1950 (50 U.S.C. 4511); and 

22 (B) the Secretary of Homeland Security 

23 shall determine whether the personal protection 

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1 quested to be transferred under subsection (c) 

2 is excess equipment. 

3 (2) NOTIFICATION.—The Secretary of Health 

4 and Human Services and the Secretary shall each 

5 submit to Congress a notification explaining the de6 termination made under subparagraphs (A) and (B), 

7 respectively, of paragraph (1). 

8 (3) REQUIRED INVENTORY.—The Secretary of 

9 Homeland Security shall— 

10 (A) maintain an inventory of all personal 

11 protection equipment and medically necessary 

12 equipment in the possession of the Department; 

13 and 

14 (B) make the inventory required under 

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

16 to— 

17 (i) the Secretary of Health and 

18 Human Services; and 

19 (ii) the Committee on Appropriations 

20 and the Committee on Homeland Security 

21 and Governmental Affairs of the Senate 

22 and the Committee on Appropriations and 

23 the Committee on Homeland Security of 

24 the House of Representatives. 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Federal Emergency Pan3 demic Response Act’’. 

4 SEC. 2. INTERAGENCY TASK FORCE TO ANALYZE PRE5 PAREDNESS FOR NATIONAL PANDEMIC. 

6 (a) IN GENERAL.—The Director of the Office of Man7 agement and Budget or the head of another Federal agency, 

8 as determined by the Director of the Office of Management 

9 and Budget, shall convene an Interagency Task Force (re10 ferred to in this section as the ‘‘Task Force’’) of Federal 

11 entities for the purpose of analyzing the preparedness of the 

12 United States for national pandemics. 

13 (b) PARTICIPANTS.—The Task Force shall be com14 prised of the following members: 

15 (1) The Secretary of Homeland Security. 

16 (2) The Director of the Office of Minority 

17 Health. 

18 (3) The Director of the Indian Health Service. 

19 (4) The Under Secretary for Management of the 

20 Department of Homeland Security. 

21 (5) The Administrator of the Federal Emergency 

22 Management Agency. 

23 (6) The Administrator of the Transportation Se24 curity Administration. 

25 (7) The Assistant Secretary of the Office of 

26 Countering Weapons of Mass Destruction. 


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1 (8) The Chief Medical Officer of the Department 

2 of Homeland Security. 

3 (9) The Secretary of Health and Human Serv4 ices. 

5 (10) The Assistant Secretary for Preparedness 

6 and Response of the Department of Health and 

7 Human Services. 

8 (11) The Director of the Centers for Disease Con9 trol and Prevention. 

10 (12) The Secretary of Defense. 

11 (13) The Director of the Office of Management 

12 and Budget. 

13 (14) Any other head of a Federal agency as the 

14 Director of the Office of Management and Budget de15 termines necessary. 

16 (15) Any other representatives of relevant enti17 ties, including State, local, Tribal, and territorial 

18 public health officials, representatives from private 

19 and nonprofit sector healthcare organizations, and en20 tities the Director of the Office of Management of 

21 Budget determines necessary. 

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 deter2 mined under paragraph (1) aligns with the name of 

3 the Strategic National Stockpile and consider whether 

4 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 by— 

8 (A) listing all current medical supplies, 

9 equipment, and other items in the stockpile; 

10 (B) determining the appropriate inventory 

11 levels for each item identified under subpara12 graph (A) in the stockpile, which shall include— 

13 (i) an assessment of information ob14 tained from State, local, Tribal, and terri15 torial governments on historical and cur16 rent estimates of inventory requirements for 

17 pandemic-related items; and 

18 (ii) a comparison of inventory require19 ments identified in subparagraph (G)(ii) 

20 with the currently available inventory and 

21 supply chain activity; 

22 (C) determining how the stockpile will be 

23 resourced and funded to ensure long-term sus24 tainability and inventory refresh; 


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1 (D) determining the appropriate location or 

2 locations for storing the stockpile, as well as ap3 proaches to building a stockpile, such as consoli4 dated or distributed, and which Federal agency 

5 should be responsible for maintaining the inven6 tory; 

7 (E) developing a plan to ensure the proper 

8 maintenance of the inventory, including when 

9 supplies and equipment need to be rotated or 

10 disposed of; 

11 (F) developing a plan to ensure maximum 

12 interagency coordination, to include public 

13 health in the management of the stockpile; 

14 (G) developing a plan for how the Federal 

15 Government will identify and assess weaknesses 

16 in the supply chain, including how to— 

17 (i) address the supply of critical pro18 tective and life-saving equipment, pharma19 ceuticals, and medicine; 

20 (ii) preserve and replenish inventoried 

21 equipment, including how to extend the 

22 shelf life of personal protective equipment 

23 and other supplies, including developing 

24 and verifying techniques to clean and recy25 cle necessary equipment; 


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1 (iii) accelerate the production of equip2 ment in the event of an emergency, includ3 ing working with the private sector to deter4 mine— 

5 (I) the current manufacturing ca6 pacity of necessary equipment in the 

7 United States; 

8 (II) the expected timeframes for 

9 global vendors to deliver necessary 

10 equipment to United States distribu11 tors; and 

12 (III) how the production and ac13 cess to necessary equipment would be 

14 affected in the event of a global pan15 demic; 

16 (iv) expand the production of necessary 

17 equipment, including working with the pri18 vate sector to identify excess raw materials, 

19 workforce, or factory production capacity in 

20 response to a pandemic that are necessary 

21 to address and overcome supply shortfalls; 

22 and 

23 (v) equitably allocate, to the extent 

24 practicable, the equipment in the event of a 

25 pandemic, including working with major 


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1 commercial distributors to distribute the 

2 rapid distribution of critical resources in 

3 short supply to areas most in need during 

4 a pandemic; and 

5 (H) providing recommendations on whether 

6 the Strategic National Stockpile should include 

7 equipment and supplies for small scale and 

8 customizable manufacturing capabilities, such as 

9 3D printing or other mobile manufacturing tech10 nologies; 

11 (4) consider any other measures relating to the 

12 Strategic National Stockpile necessary to ensure that 

13 the stockpile is appropriately resourced for future 

14 pandemic and related emergencies; 

15 (5) evaluate ways to enhance the biosurveillance 

16 efforts in the United States to include actions to ad17 dress infectious disease threats; 

18 (6) propose best practices on the procurement, 

19 distribution, and replenishment of key technologies, 

20 capabilities, drugs, vaccines and other biological 

21 products, medical devices, and other supplies (includ22 ing personal protective equipment) within the Stra23 tegic National Stockpile recommended by the Federal 

24 Government, in peer-reviewed academic journals, or 

25 other science-based publications; 


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1 (7) evaluate the management, accuracy, applica2 tion, and intended use by State, local, territorial, and 

3 Tribal officials of any centralized databases that the 

4 Federal Government maintains to readily determine 

5 all drugs, vaccines and other biological products, med6 ical devices, and other supplies (including personal 

7 protective equipment) available within the Strategic 

8 National Stockpile, including the physical location 

9 and expiration date of each such item; 

10 (8) not later than 30 days after the date on 

11 which the Task Force first meets, and every other 

12 month thereafter, submit to Congress and the Federal 

13 Emergency Management Agency a report that in14 cludes— 

15 (A) the identification of communities that 

16 lack resources to combat the COVID–19 pan17 demic, including personal protective equipment, 

18 ventilators, hospital beds, testing kits, testing 

19 supplies, vaccinations (when available), resources 

20 to conduct surveillance and contact tracing, 

21 funding, staffing, and other resources the Task 

22 Force deems essential as needs arise; 

23 (B) the identification of communities where 

24 racial and ethnic disparities in COVID–19 in25 fection, hospitalization, and death rates are out 


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1 of proportion to the community’s population by 

2 a certain threshold, to be determined by the Task 

3 Force based on available public health data; 

4 (C) recommendations about how to best al5 locate critical COVID–19 resources to— 

6 (i) communities with disproportion7 ately high COVID–19 infection, hospitaliza8 tion, and death rates; 

9 (ii) communities with high social 

10 vulnerabilities to COVID–19 infection; and 

11 (iii) communities identified in sub12 paragraph (B); 

13 (D) with respect to communities that are 

14 able to reduce racial and ethnic disparities effec15 tively, a description of best practices involved; 

16 and 

17 (E) a list of experts consulted and the 

18 timeline and substance of the consultation; 

19 (9) share the information developed under para20 graphs (1) through (8) with the National Response 

21 Coordination Center and public health organizations; 

22 (10) not later than 1 year after the date of enact23 ment of this Act, submit a report to Congress on the 

24 recommendations of the Task Force developed under 

25 paragraphs (1) through (8), which shall be submitted 


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1 in an unclassified form, but may include a classified 

2 annex; and 

3 (11) carry out any other responsibilities deter4 mined appropriate by the Director of the Office of 

5 Management and Budget. 

6 (d) GENERAL CONSULTATION.—In carrying out the re7 porting requirement described in subsection (c)(8), the task 

8 force shall consult with individuals with expertise in ad9 dressing racial and ethnic disparities, including health pro10 fessionals, policy experts, and representatives from commu11 nity-based organizations from communities identified as 

12 disproportionately impacted by COVID–19. 

13 SEC. 3. NATIONAL RESPONSE COORDINATION CENTER 

14 ROLE IN IMPROVING TRANSPARENCY. 

15 (a) COORDINATION WITH STATES.—During pandemic 

16 and related public health emergencies involving the Federal 

17 Emergency Management Agency, the National Response Co18 ordination Center, acting through the appropriate Federal 

19 Emergency Management Agency Regional Administrators, 

20 shall— 

21 (1) request voluntary information from State, 

22 local, Tribal, and territorial governments regarding 

23 their holdings of equipment and medical supplies nec24 essary during a public health emergency response pe25 riod; and 


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1 (2) share information with State, local, Tribal, 

2 and territorial governments regarding the inventory 

3 of the Federal Government inventory and the plan de4 veloped under section 2(c)(3)(G). 

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

6 Coordination Center shall provide an annual report to Con7 gress on the activities under this section. 

8 SEC. 4. OTHER AUTHORITIES. 

9 (a) IN GENERAL.—The Secretary of Health and 

10 Human Services, in coordination with the Secretary of 

11 Homeland Security, may sell drugs, vaccines and other bio12 logical products, medical devices, or other supplies main13 tained in the Strategic National Stockpile, or its successor, 

14 to a Federal agency or private, nonprofit, State, local, Trib15 al, or territorial entity for immediate use and distribution, 

16 provided that any such items being sold are— 

17 (1) within 1 year of their expiration date; or 

18 (2) determined by the Secretary of Health and 

19 Human Services to no longer be needed in the stock20 pile due to advances in medical or technical capabili21 ties. 

22 (b) AUTHORIZATION OF TRANSFER OF EQUIPMENT.— 

23 During a public health emergency declared by the Secretary 

24 of Health and Human Services under section 319(a) of the 

25 Public Health Service Act (42 U.S.C. 247d(a)), the SecVerDate Sep 11 2014 00:08 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6203 E:\BILLS\S4204.RS S4204

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1 retary of Homeland Security, at the request of the Secretary 

2 of Health and Human Services, may transfer to the Depart3 ment of Health and Human Services, on a reimbursable 

4 basis, excess personal protective equipment or medically 

5 necessary equipment in the possession of the Department. 

6 (c) DETERMINATION BY SECRETARIES.— 

7 (1) IN GENERAL.—In carrying out this section— 

8 (A) before requesting a transfer under sub9 section (b), the Secretary of Health and Human 

10 Services shall determine whether the personal 

11 protective equipment or medically necessary 

12 equipment is otherwise available; and 

13 (B) before initiating a transfer under sub14 section (b), the Secretary of Homeland Security, 

15 in consultation with the heads of each component 

16 within the Department of Homeland Security, 

17 shall— 

18 (i) determine whether the personal pro19 tective equipment or medically necessary 

20 equipment requested to be transferred under 

21 subsection (b) is excess equipment; and 

22 (ii) certify that the transfer of the per23 sonal protective equipment or medically 

24 necessary equipment will not adversely im25 pact the health or safety of officers, employVerDate Sep 11 2014 00:08 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6203 E:\BILLS\S4204.RS S4204

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1 ees, or contractors of the Department of 

2 Homeland Security. 

3 (2) NOTIFICATION.—The Secretary of Health and 

4 Human Services and the Secretary of Homeland Se5 curity shall each submit to Congress a notification ex6 plaining the determination made under subpara7 graphs (A) and (B), respectively, of paragraph (1). 

8 (3) REQUIRED INVENTORY.— 

9 (A) IN GENERAL.—The Secretary of Home10 land Security shall— 

11 (i) acting through the Chief Medical 

12 Officer of the Department of Homeland Se13 curity, maintain an inventory of all per14 sonal protective equipment and medically 

15 necessary equipment in the possession of the 

16 Department; and 

17 (ii) make the inventory required under 

18 clause (i) available, on a continual basis, 

19 to— 

20 (I) the Secretary of Health and 

21 Human Services; and 

22 (II) the Committee on Appropria23 tions and the Committee on Homeland 

24 Security and Governmental Affairs of 

25 the Senate and the Committee on ApVerDate Sep 11 2014 00:08 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6203 E:\BILLS\S4204.RS S4204

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1 propriations and the Committee on 

2 Homeland Security of the House of 

3 Representatives. 

4 (B) FORM.—Each inventory required to be 

5 made available under subparagraph (A) shall be 

6 submitted in unclassified form, but may include 

7 a classified annex. 


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Calendar No. 573 

116TH CONGRESS 

2D SESSION S. 4204 

[Report No. 116–279] 

A BILL 

To establish an Interagency Task Force to analyze 

other purposes. preparedness for national pandemics, and for 

OCTOBER 19, 2020 

Reported with an amendment 


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