S. 3627 (116^th): Medical Supply Transparency and Delivery Act

direct, through the National Response Coordination Center of the Federal Emergency Management Agency, the national production and distribution of critical medical equipment and supplies, including personal protective equipment, in support of the response of the Federal Emergency Management Agency to the Coronavirus Disease 2019 (commonly known as COVID–19); and

report directly to the Administrator of the Federal Emergency Management Agency for the duration of the appointment, detail, or temporary assignment.

receive all requests for equipment and supplies, including personal protective equipment, from States and Indian Tribes;

make recommendations to the President on utilizing the full authorities available under the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) to increase production capacity as identified under subparagraphs (C) and (H) of subsection (c)(1);

ensure that allocation of critical resources is carried out in a manner consistent with the needs identified in the reports required by subsection (c);

direct, in consultation with the Federal Emergency Management Agency, the Department of Health and Human Services, the Defense Logistics Agency, and other Federal agencies as appropriate, all distribution of critical equipment and supplies to the States and Indian Tribes, through existing commercial distributers where practical;

communicate with State and local governments and Indian Tribes with respect to availability and delivery schedule of equipment and supplies;

contribute to the COVID–19 strategic testing plan required by title I of division B of the Paycheck Protection Program and Health Care Enhancement Act (Public Law 116–139) to ensure the Secretary of Health and Human Services includes in that plan a comprehensive plan to scale production and optimize distribution of COVID–19 tests, including molecular, antigen, and serological tests, in the United States; and

establish, in direct consultation with the Secretary of Health and Human Services, and the heads of any other appropriate Federal agencies, a comprehensive plan to address necessary supply chain issues in order to rapidly scale up production of a SARS–CoV–2 vaccine.

the reports required by subsection (c);

requests for equipment and supplies from State governments and Indian Tribes;

standards used for data collection;

modeling and any formulas used to determine allocation of equipment and supplies, and any related chain of command making final decisions on allocations;

the amount and destination of equipment and supplies delivered;

an explanation of why any portion of a purchase order placed under subsection (d), whether to replenish the Strategic National Stockpile or otherwise, will not be filled;

the percentage amounts of procured products used to replenish the Strategic National Stockpile, targeted to COVID–19 hotspots, or going into the commercial market;

metrics, formulas, and criteria used to determine hotspots or areas of critical need at the State, county, and Indian Health Service area level;

production and procurement benchmarks, where practicable; and

results of the outreach and stakeholder reviews required by subsection (c).

the name and address of each delivery of supplies and equipment under a purchase order authorized by this Act;

the number of such supplies and equipment delivered; and

the date of each such delivery.

an assessment of the needs of the States and Indian Tribes for equipment and supplies necessary to prevent, identify, mitigate, and recover from cases of COVID–19, including personal protective equipment, ventilators, testing supplies, construction supplies, and emergency food sources, for each month during the 2-year period beginning on the date of the enactment of this Act;

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 (A) and the quantities in the Stockpile;

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;

an estimate of the funding and other measures necessary to rapidly expand manufacturing production capacity for such equipment and supplies, including—

an identification of government and privately owned stockpiles of equipment and supplies not included in the Strategic National Stockpile that could be repaired or refurbished;

an identification of previously distributed critical supplies that can be redistributed based on current need;

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 critical;

an inventory of the national production capacity for equipment and supplies identified as needed in the assessment under subparagraph (A); and

an identification of the needs of essential employees and healthcare workers based on regular stakeholder reviews.

establish a fair and reasonable price for the sale of equipment and supplies identified in the reports required by subsection (c); and

issue rated priority purchase orders pursuant to Department of Defense Directive 4400.1, part 101, subpart A of title 45, Code of Federal Regulations, or any other applicable acquisition authority, to procure equipment and supplies identified in the reports required by subsection (c).