Title: COVID–19 Emergency Medical Supplies Enhancement Act of 2020
Policy area: Government Operations and Politics

Summary:
COVID-19 Emergency Medical Supplies Enhancement Act of 2020
This bill expands certain authorities under the Defense Production Act of 1950 and directs the President and federal agencies to take specific actions to support the production of critical medical supplies during the COVID-19 (i.e., coronavirus disease 2019) emergency, including with respect to private-sector coordination, needs assessments, and overall strategies.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6858 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 6858

  To enhance authorities under the Defense Production Act of 1950 to 
 respond to the COVID-19 emergency, to provide additional oversight of 
 such authorities, and to require a strategy on securing supply chains 
             for medical materials, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 13, 2020

 Mr. Vargas (for himself, Ms. Waters, Mr. Crow, Mr. Ryan, Mrs. Trahan, 
 and Ms. Slotkin) introduced the following bill; which was referred to 
 the Committee on Financial Services, and in addition to the Committee 
 on Energy and Commerce, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To enhance authorities under the Defense Production Act of 1950 to 
 respond to the COVID-19 emergency, to provide additional oversight of 
 such authorities, and to require a strategy on securing supply chains 
             for medical materials, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``COVID-19 Emergency Medical Supplies 
Enhancement Act of 2020''.

SEC. 2. DETERMINATION ON EMERGENCY SUPPLIES AND RELATIONSHIP TO STATE 
              AND LOCAL EFFORTS.

    (a) Determination.--For the purposes of section 101 of the Defense 
Production Act of 1950 (50 U.S.C. 4511), the following materials shall 
be deemed to be scarce and critical materials essential to the national 
defense and otherwise meet the requirements of section 101(b) of such 
Act during the COVID-19 emergency period:
            (1) Diagnostic tests, including serological tests, for 
        COVID-19 and the reagents and other materials necessary for 
        producing or conducting such tests.
            (2) Personal protective equipment, including face shields, 
        N-95 respirator masks, and any other masks determined by the 
        Secretary of Health and Human Services to be needed to respond 
        to the COVID-19 pandemic, and the materials to produce such 
        equipment.
            (3) Medical ventilators, the components necessary to make 
        such ventilators, and medicines needed to use a ventilator as a 
        treatment for any individual who is hospitalized for COVID-19.
            (4) Pharmaceuticals and any medicines determined by the 
        Food and Drug Administration or another Government agency to be 
        effective in treating COVID-19 (including vaccines for COVID-
        19) and any materials necessary to produce or use such 
        pharmaceuticals or medicines (including self-injection syringes 
        or other delivery systems).
            (5) Any other medical equipment or supplies determined by 
        the Secretary of Health and Human Services or the Secretary of 
        Homeland Security to be scarce and critical materials essential 
        to the national defense for purposes of section 101 of the 
        Defense Production Act of 1950 (50 U.S.C. 4511).
    (b) Exercise of Title I Authorities in Relation to Contracts by 
State and Local Governments.--In exercising authorities under title I 
of the Defense Production Act of 1950 (50 U.S.C. 4511 et seq.) during 
the COVID-19 emergency period, the President (and any officer or 
employee of the United States to which authorities under such title I 
have been delegated)--
            (1) may exercise the prioritization or allocation authority 
        provided in such title I to exclude any materials described in 
        subsection (a) ordered by a State or local government that are 
        scheduled to be delivered within 15 days of the time at which--
                    (A) the purchase order or contract by the Federal 
                Government for such materials is made; or
                    (B) the materials are otherwise allocated by the 
                Federal Government under the authorities contained in 
                such Act; and
            (2) shall, within 24 hours of any exercise of the 
        prioritization or allocation authority provided in such title 
        I--
                    (A) notify any State or local government if the 
                exercise of such authorities would delay the receipt of 
                such materials ordered by such government; and
                    (B) take such steps as may be necessary to ensure 
                that such materials ordered by such government are 
                delivered in the shortest possible period.
    (c) Update to the Federal Acquisition Regulation.--Not later than 
15 days after the date of the enactment of this Act, the Federal 
Acquisition Regulation shall be revised to reflect the requirements of 
subsection (b)(1).

SEC. 3. ENGAGEMENT WITH THE PRIVATE SECTOR.

    (a) Sense of Congress.--The Congress--
            (1) appreciates the willingness of private companies not 
        traditionally involved in producing items for the health sector 
        to volunteer to use their expertise and supply chains to 
        produce essential medical supplies and equipment;
            (2) encourages other manufacturers to review their existing 
        capacity and to develop capacity to produce essential medical 
        supplies, medical equipment, and medical treatments to address 
        the COVID-19 emergency; and
            (3) commends and expresses deep appreciation to individual 
        citizens who have been producing personal protective equipment 
        and other materials for, in particular, use at hospitals in 
        their community.
    (b) Outreach Representative.--
            (1) Designation.--Consistent with the authorities in title 
        VII of the Defense Production Act of 1950 (50 U.S.C. 4551 et 
        seq.), the Administrator of the Federal Emergency Management 
        Agency, in consultation with the Secretary of Health and Human 
        Services, shall designate or shall appoint, pursuant to section 
        703 of such Act (50 U.S.C. 4553), an individual to be known as 
        the ``Outreach Representative''. Such individual shall--
                    (A) be appointed from among individuals with 
                substantial experience in the private sector in the 
                production of medical supplies or equipment; and
                    (B) act as the Government-wide single point of 
                contact during the COVID-19 emergency for outreach to 
                manufacturing companies and their suppliers who may be 
                interested in producing medical supplies or equipment, 
                including the materials described under section 2.
            (2) Encouraging partnerships.--The Outreach Representative 
        shall seek to develop partnerships between companies, in 
        coordination with the Supply Chain Stabilization Task Force or 
        any overall coordinator appointed by the President to oversee 
        the response to the COVID-19 emergency, including through the 
        exercise of the authorities under section 708 of the Defense 
        Production Act of 1950 (50 U.S.C. 4558).

SEC. 4. ENHANCEMENT OF SUPPLY CHAIN PRODUCTION.

    In exercising authority under title III of the Defense Production 
Act of 1950 (50 U.S.C. 4531 et seq.) with respect to materials 
described in section 2, the President shall seek to ensure that support 
is provided to companies that comprise the supply chains for reagents, 
components, raw materials, and other materials and items necessary to 
produce or use the materials described in section 2.

SEC. 5. OVERSIGHT OF CURRENT ACTIVITY AND NEEDS.

    (a) Response to Immediate Needs.--
            (1) In general.--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.
            (2) Assessment.--The report required by this subsection 
        shall include--
                    (A) 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;
                    (B) based on meaningful consultations with relevant 
                stakeholders, an assessment of the need for personal 
                protective equipment and other supplies (including 
                diagnostic tests) required by--
                            (i) health professionals, health workers, 
                        and hospital staff;
                            (ii) 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
                            (iii) other workers determined to be 
                        essential based on such consultation;
                    (C) 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;
                    (D) 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);
                    (E) 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;
                    (F) an identification of previously distributed 
                critical supplies that can be redistributed based on 
                current need;
                    (G) a description of any exercise of the 
                authorities described under subsection (a)(5) or (b)(1) 
                of section 2; and
                    (H) 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.
            (3) Plan.--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--
                    (A) 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;
                    (B) 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
                    (C) 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.
            (4) Additional requirements.--The report required by this 
        subsection, and each update required by paragraph (5), shall 
        include--
                    (A) 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;
                    (B) 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;
                    (C) the amount and destination of equipment and 
                supplies delivered;
                    (D) an explanation of why any portion of any 
                contract, whether to replenish the Strategic National 
                Stockpile or otherwise, will not be filled;
                    (E) 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;
                    (F) 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;
                    (G) production and procurement benchmarks, where 
                practicable; and
                    (H) results of the consultation with the relevant 
                stakeholders required by paragraph (2)(B).
            (5) Updates.--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.
            (6) Public availability.--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.
    (b) Response to Longer-Term Needs.--
            (1) In general.--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.
            (2) Assessment.--The report required by this subsection 
        shall include--
                    (A) an assessment of the elements described in 
                subparagraphs (A) through (E) and subparagraph (H) of 
                subsection (a)(2); and
                    (B) 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.
            (3) Plan.--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) 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--
                            (i) by the private sector to resume 
                        economic activity; and
                            (ii) by the public and nonprofit sectors to 
                        significantly increase their activities;
                    (B) results of the consultations with the relevant 
                stakeholders required by subparagraph (A)(ii);
                    (C) an estimate of the funding and other measures 
                necessary to rapidly expand manufacturing production 
                capacity for such equipment and supplies, including--
                            (i) any efforts to expand, retool, or 
                        reconfigure production lines;
                            (ii) any efforts to establish new 
                        production lines through the purchase and 
                        installation of new equipment; or
                            (iii) the issuance of additional contracts, 
                        purchase orders, purchase guarantees, or other 
                        similar measures;
                    (D) 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;
                    (E) 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;
                    (F) 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
                    (G) 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).
            (4) Updates.--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.
            (5) Public availability.--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.
    (c) Report on Exercising Authorities Under the Defense Production 
Act of 1950.--
            (1) In general.--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.
            (2) Contents.--The report required under paragraph (1) and 
        each update required under paragraph (3) shall include, with 
        respect to each exercise of such authority--
                    (A) 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)));
                    (B) the cost of such exercise of authority; and
                    (C) if applicable--
                            (i) the amount of goods that were purchased 
                        or allocated;
                            (ii) an identification of the entity 
                        awarded a contract or purchase order or that 
                        was the subject of the exercise of authority; 
                        and
                            (iii) 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.).
            (3) Updates.--The President shall update the report 
        required under paragraph (1) every 14 days.
            (4) Public availability.--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.
    (d) Quarterly Reporting.--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.).
    (e) Sunset.--The requirements of this section shall terminate on 
the later of--
            (1) December 31, 2021; or
            (2) the end of the COVID-19 emergency period.

SEC. 6. ENHANCEMENTS TO THE DEFENSE PRODUCTION ACT OF 1950.

    (a) Health Emergency Authority.--Section 107 of the Defense 
Production Act of 1950 (50 U.S.C. 4517) is amended by adding at the end 
the following:
    ``(c) Health Emergency Authority.--With respect to a public health 
emergency declaration by the Secretary of Health and Human Services 
under section 319 of the Public Health Service Act, or preparations for 
such a health emergency, the Secretary of Health and Human Services and 
the Administrator of the Federal Emergency Management Agency are 
authorized to carry out the authorities provided under this section to 
the same extent as the President.''.
    (b) Emphasis on Business Concerns Owned by Women, Minorities, 
Veterans, and Native Americans.--Section 108 of the Defense Production 
Act of 1950 (50 U.S.C. 4518) is amended--
            (1) in the heading, by striking ``modernization of small 
        business suppliers'' and inserting ``small business 
        participation and fair inclusion'';
            (2) by amending subsection (a) to read as follows:
    ``(a) Participation and Inclusion.--
            ``(1) In general.--In providing any assistance under this 
        Act, the President shall accord a strong preference for 
        subcontractors and suppliers that are--
                    ``(A) small business concerns; or
                    ``(B) businesses of any size owned by women, 
                minorities, veterans, and the disabled.
            ``(2) Special consideration.--To the maximum extent 
        practicable, the President shall accord the preference 
        described under paragraph (1) to small business concerns and 
        businesses described in paragraph (1)(B) that are located in 
        areas of high unemployment or areas that have demonstrated a 
        continuing pattern of economic decline, as identified by the 
        Secretary of Labor.''; and
            (3) by adding at the end the following:
    ``(c) Minority Defined.--In this section, the term `minority'--
            ``(1) has the meaning given the term in section 308(b) of 
        the Financial Institutions Reform, Recovery, and Enforcement 
        Act of 1989; and
            ``(2) includes any indigenous person in the United States, 
        including any territories of the United States.''.
    (c) Additional Information in Annual Report.--Section 304(f)(3) of 
the Defense Production Act of 1950 (50 U.S.C. 4534(f)(3)) is amended by 
striking ``year.'' and inserting ``year, including the percentage of 
contracts awarded using Fund amounts to each of the groups described in 
section 108(a)(1)(B) (and, with respect to minorities, disaggregated by 
ethnic group), and the percentage of the total amount expended during 
such fiscal year on such contracts.''.
    (d) Definition of National Defense.--Section 702(14) of the Defense 
Production Act of 1950 is amended by striking ``and critical 
infrastructure protection and restoration'' and inserting ``, critical 
infrastructure protection and restoration, and health emergency 
preparedness and response activities''.

SEC. 7. SECURING ESSENTIAL MEDICAL MATERIALS.

    (a) Statement of Policy.--Section 2(b) of the Defense Production 
Act of 1950 (50 U.S.C. 4502) is amended--
            (1) by redesignating paragraphs (3) through (8) as 
        paragraphs (4) through (9), respectively; and
            (2) by inserting after paragraph (2) the following:
            ``(3) authorities under this Act should be used when 
        appropriate to ensure the availability of medical materials 
        essential to national defense, including through measures 
        designed to secure the drug supply chain, and taking into 
        consideration the importance of United States competitiveness, 
        scientific leadership and cooperation, and innovative 
        capacity;''.
    (b) Strengthening Domestic Capability.--Section 107 of the Defense 
Production Act of 1950 (50 U.S.C. 4517) is amended--
            (1) in subsection (a), by inserting ``(including medical 
        materials)'' after ``materials''; and
            (2) in subsection (b)(1), by inserting ``(including medical 
        materials such as drugs to diagnose, cure, mitigate, treat, or 
        prevent disease that essential to national defense)'' after 
        ``essential materials''.
    (c) Strategy on Securing Supply Chains for Medical Articles.--Title 
I of the Defense Production Act of 1950 (50 U.S.C. 4511 et seq.) is 
amended by adding at the end the following:

``SEC. 109. STRATEGY ON SECURING SUPPLY CHAINS FOR MEDICAL MATERIALS.

    ``(a) In General.--Not later than 180 days after the date of the 
enactment of this section, the President, in consultation with the 
Secretary of Health and Human Services, the Secretary of Commerce, the 
Secretary of Homeland Security, and the Secretary of Defense, shall 
transmit a strategy to the appropriate Members of Congress that 
includes the following:
            ``(1) A detailed plan to use the authorities under this 
        title and title III, or any other provision of law, to ensure 
        the supply of medical materials (including drugs to diagnose, 
        cure, mitigate, treat, or prevent disease) essential to 
        national defense, to the extent necessary for the purposes of 
        this Act.
            ``(2) An analysis of vulnerabilities to existing supply 
        chains for such medical articles, and recommendations to 
        address the vulnerabilities.
            ``(3) Measures to be undertaken by the President to 
        diversify such supply chains, as appropriate and as required 
        for national defense.
            ``(4) A discussion of--
                    ``(A) any significant effects resulting from the 
                plan and measures described in this subsection on the 
                production, cost, or distribution of vaccines or any 
                other drugs (as defined under section 201 of the 
                Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321));
                    ``(B) a timeline to ensure that essential 
                components of the supply chain for medical materials 
                are not under the exclusive control of a foreign 
                government in a manner that the President determines 
                could threaten the national defense of the United 
                States; and
                    ``(C) efforts to mitigate any risks resulting from 
                the plan and measures described in this subsection to 
                United States competitiveness, scientific leadership, 
                and innovative capacity, including efforts to cooperate 
                and proactively engage with United States allies.
    ``(b) Progress Report.--Following submission of the strategy under 
subsection (a), the President shall submit to the appropriate Members 
of Congress an annual progress report evaluating the implementation of 
the strategy, and may include updates to the strategy as appropriate. 
The strategy and progress reports shall be submitted in unclassified 
form but may contain a classified annex.
    ``(c) Appropriate Members of Congress.--The term `appropriate 
Members of Congress' means the Speaker, majority leader, and minority 
leader of the House of Representatives, the majority leader and 
minority leader of the Senate, the Chairman and Ranking Member of the 
Committees on Armed Services and Financial Services of the House of 
Representatives, and the Chairman and Ranking Member of the Committees 
on Armed Services and Banking, Housing, and Urban Affairs of the 
Senate.''.

SEC. 8. GAO REPORT.

    (a) In General.--Not later than 270 days after the date of the 
enactment of this Act, and annually thereafter, the Comptroller General 
of the United States shall submit to the appropriate congressional 
committees a report on ensuring that the United States Government has 
access to the medical supplies and equipment necessary to respond to 
future pandemics and public health emergencies, including 
recommendations with respect to how to ensure that the United States 
supply chain for diagnostic tests (including serological tests), 
personal protective equipment, vaccines, and therapies is better 
equipped to respond to emergencies, including through the use of funds 
in the Defense Production Act Fund under section 304 of the Defense 
Production Act of 1950 (50 U.S.C. 4534) to address shortages in that 
supply chain.
    (b) Review of Assessment and Plan.--
            (1) In general.--Not later than 30 days after each of the 
        submission of the reports described in subsections (a) and (b) 
        of section 5, the Comptroller General of the United States 
        shall submit to the appropriate congressional committees an 
        assessment of such reports, including identifying any gaps and 
        providing any recommendations regarding the subject matter in 
        such reports.
            (2) Monthly review.--Not later than a month after the 
        submission of the assessment under paragraph (1), and monthly 
        thereafter, the Comptroller General shall issue a report to the 
        appropriate congressional committees with respect to any 
        updates to the reports described in subsections (a) and (b) of 
        section 5 that were issued during the previous 1-month period, 
        containing an assessment of such updates, including identifying 
        any gaps and providing any recommendations regarding the 
        subject matter in such updates.

SEC. 9. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committees 
        on Appropriations, Armed Services, Energy and Commerce, 
        Financial Services, Homeland Security, and Veterans' Affairs of 
        the House of Representatives and the Committees on 
        Appropriations, Armed Services, Banking, Housing, and Urban 
        Affairs, Health, Education, Labor, and Pensions, Homeland 
        Security and Governmental Affairs, and Veterans' Affairs of the 
        Senate.
            (2) COVID-19 emergency period.--The term ``COVID-19 
        emergency period'' means the period beginning on the date of 
        enactment of this Act and ending after the end of the incident 
        period for the emergency declared on March 13, 2020, by the 
        President under Section 501 of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 4121 et seq.) 
        relating to the Coronavirus Disease 2019 (COVID-19) pandemic.
            (3) Relevant stakeholder.--The term ``relevant 
        stakeholder'' means--
                    (A) representative private sector entities;
                    (B) representatives of the nonprofit sector; and
                    (C) representatives of labor organizations 
                representing workers, including unions that represent 
                health workers, manufacturers, public sector employees, 
                and service sector workers.
            (4) State.--The term ``State'' means each of the several 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, and any territory or possession of the United States.
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