Press Releases

Waters, Smith, Engel, Thompson and Pallone Seek Information on Trump Administration Failures to Boost Production of PPE and Testing As COVID-19 Cases Spike

Washington, DC, July 14, 2020

Today, Congresswoman Maxine Waters (D-CA), Chairwoman of the House Financial Services Committee, Congressman Adam Smith (D-WA), Chairman of the House Committee on Armed Services, Congressman Eliot Engel (D-NY), Chairman of the House Committee on Foreign Affairs, Congressman Bennie Thompson (D-MS), Chairman of the House Committee on Homeland Security, and Congressman Frank Pallone, Jr. (D-NJ), Chairman of the House Committee on Energy and Commerce, sent a letter 防御标记超能力者的书记和卫生与公众服务亚历克斯·阿泽书记,寻求答案,为什么在关心的政府没有使用资金行为的国防生产法促进生产需要战斗covid-关键的医疗用品和设备19,如个人防护装备和诊断测试。

“冠状病毒的援助,救灾和2020年经济安全的行为(忧虑动作)的流逝三个月后,我们仍然关注的是,王牌政府为增加短期和长期的国内生产急需的医疗用品和设备的力度很零碎,不协调,甚至因为我们看到感染和尖峰住院的记录号” the chairs wrote.

“Since the onset of the coronavirus disease 2019 (COVID-19) pandemic, the United States has faced repeated shortages of critical medical supplies and equipment from diagnostic testing to personal protective equipment (PPE), including N95 respirator masks and other respirator protection,” the chairs continued. “With new coronavirus cases rising to over 60,000 per day, the highest number of cases since the beginning of the pandemic, and infection and hospitalization rates increasing in states such as Arizona, California, Florida, Georgia and Texas, it is critical to address the shortfalls that are inevitable.”

The CARES Act provided $1 billion to help boost production of medical supplies, but the Administration has only spent $212 million on the health sector and has proposed allocating $688 million to support the defense industry.

In the letter, the five chairs urged the Administration to provide detailed information regarding its actions and plans related to increasing domestic production of medical supplies and equipment before allocating any further CARES Act funds to carry out the Defense Production Act.

See below for the full letter text:

The Honorable Dr. Mark Esper
Secretary of Defense
1000 Defense Pentagon
Washington, D.C. 20301

The Honorable Alex Azar
Secretary of Health and Human Services
200 Independence Avenue S.W.
Washington D.C. 20201

Dear Secretary Esper and Secretary Azar,

Three months after the passage of the Coronavirus Aid, Relief and Economic Security Act of 2020 (CARES Act),[1]  我们仍然关注的是,王牌政府为增加短期和长期的国内生产急需的医疗用品和设备的工作很零碎,不协调,甚至因为我们看到的感染和尖峰住院治疗的记录数。我们正在编写寻求这些努力的进一步澄清,并确保更大的透明度到管理的活动。

Since the onset of the coronavirus disease 2019 (COVID-19) pandemic, the United States has faced repeated shortages of critical medical supplies and equipment from diagnostic testing to personal protective equipment (PPE), including N95 respirator masks and other respirator protection.[2]  With new coronavirus cases rising to over 60,000 per day,[3] the highest number of cases since the beginning of the pandemic, and infection and hospitalization rates increasing in states such as Arizona, California, Florida, Georgia and Texas,[4] it is critical to address the shortfalls that are inevitable. Americans are now waiting in lines for hours to get tested in some locations,[5] and Vice President Pence recently stated that our frontline health workers should reuse PPE,[6] a practice that health professionals have criticized.[7] Even before the recent surge in the incidence of COVID-19, the Administration estimated that the United States will need 3.3 billion respirator masks for the rest of 2020 to address the overall needs of the United States.[8] This estimate is consistent with the increasing efforts to reopen businesses, schools and other institutions across the country, the increasing incidence of COVID-19 in states that reopened in May, and the forecasts of a second wave of infections later this year.[9] 

我们关心的是,政府没有分配了足够的资金,以提高短期和长期的国内生产重要的医疗用品和设备,以满足美国的整体公共卫生需求。在过去的三个月中,美国国会已通过立法,规定显著资金,广泛提高生产医疗用品和设备,包括生产的N95呼吸器面罩和诊断测试设备。更具体地说,美国国会在拨款关心1 $行动十亿下增加的国防生产法(DPA)生产医疗用品和设备。[10] The Department of Defense (DOD), acting as the agent for Federal Emergency Management Agency (FEMA) and the Department of Health and Human Services (HHS), identified over $2 billion in needs for increased production.[11] To date, however, the Department of Defense has only allocated $212 million for traditional uses of Title III of the DPA, such as grants and purchases of long-lead time equipment, and is proposing to use $688 million to support companies within the defense industrial base.[12] 此外,你的部门没有明确阐述他们将如何满足医疗用品和设备当前和未来的需求。到covid-19的初始响应期间,联邦政府缺乏协调的努力造成了严重短缺的国家和地方政府和医院被迫对彼此的医疗用品竞争。

We are also concerned about the recently proposed programming of $100 million allocated from these DPA funds to make loans under the DPA to private companies, an authority that has not been used for decades.[13] The President’s decision to delegate the loan authority under sections 302 and 303 of the DPA to the International Development Finance Corporation (DFC)[14] raises a number of questions, given that the DFC’s mission is to support developing countries and is unrelated to increasing production of medical supplies and equipment within the United States.[15] Given the open-ended nature of the President’s delegated authority to the DFC,[16] we continue to emphasize that these funds be used for health-related activities.[17] 此外,目前还不清楚,如果有的话,1亿$,可在该机关借出,直到政府决定有多少,如何联邦信贷改革法案的要求适用于该计划所作出的任何贷款。如果没有适当的透明度和执行过程中,政府可能浪费使用这个权力备不仅在美国南部和西部地区感染的新兴浪潮,但下一波还有机会。

In briefings that we have received, Administration officials have pointed out that Congress also provided funds to HHS that can be used to boost production of medical supplies and equipment, including production of “diagnostic, serologic or other COVID-19 tests or related supplies.”[18] However, the Administration has not indicated how much it is committing to boost long-term domestic production of medical supplies and equipment, including diagnostic or serological testing. While we understand the Administration has used HHS funds to increase production of N95 masks[19] and certain self-administered vaccination technologies,[20] we have not received any definitive answers regarding how the Administration will use funds appropriated to HHS to increase production of testing, nor have you provided an estimate of the amounts that will be reserved to increase the production of other critical medical supplies and equipment.

因为有大量的不确定性,机构的行动和分配,以提高短期和长期的国内生产需要继续防范covid-19和未来的流感大流行国家重要的医疗用品和设备的资金,并在光在住院和提前的进一步分配关心covid-19感染和尖峰显著增加拨款法案DPA资金,我们恳请您提供下列文件和资料:

1)An assessment on the amount of each of the following categories of materials needed to combat the COVID-19 pandemic as the nation reopens and the data and information the Administration used in making this determination:

(a) PPE, including N95 or other respirator protection;
(b) diagnostic, serologic or other COVID-19 tests;
(c) treatments for COVID-19;
(d) vaccines and the methods to deliver them; and
(e) other medical supplies and equipment.

2)A description of all completed or planned investments by the United States to boost the long-term domestic production to meet the assessed need of each of the categories outlined above, along with an explanation of the source of such funds and the legal authority used to execute each investment.

3)The amount of loans that can be carried out under the DPA using the $100 million DOD has proposed allocating to the DFC.

We also request that you commit to:

a.Using the proposed $100 million allocated to carry out the unconventional and long-unused loan authorities by the DFC only for the purpose of increasing domestic production of medical equipment and supplies; and
b.Notifying Congress in advance of the specific purposes for which DFC financing would be used; and,
c.For all DFC financing commitments supported with DPA funds, notifying Congress in advance consistent with the notification procedures in the BUILD Act.

Please provide the requested information no later than July 31, 2020. We further request that you make your staff available to meet and confer with committee staff within five days of your receipt of this letter.

Sincerely,

The Honorable Maxine Waters
Chairwoman
House Committee on Financial Services

The Honorable Eliot L. Engel
Chairman
House Committee on Foreign Affairs

The Honorable Adam Smith
Chairman
House Committee on Armed Services

The Honorable Bennie Thompson
Chairman
House Committee on Homeland Security

The Honorable Frank Pallone, Jr.
Chairman
House Committee on Energy and Commerce

Cc: Vice President Michael Pence
The Honorable Peter T. Gaynor, Administrator, Federal Emergency Management Agency
The Honorable Adam Boehler, Chief Executive Officer, International Development
Finance Corporation
The Honorable Patrick McHenry, Ranking Member, House Committee on Financial Services
The Honorable Michael McCaul, Ranking Member, House Committee on Foreign Affairs
The Honorable Mac Thornberry, Ranking Member, House Committee on Armed Services
The Honorable Mike Rogers, Ranking Member, House Committee on Homeland Security
The Honorable Greg Walden, Ranking Member, House Committee on Energy and Commerce

______________________________
[1] P.L. 116-136.
[2]参见,例如,另一种PPE短缺?医务工作者护具开始再次低运行芝加哥太阳报(2020年7月7日)//chicago.suntimes.com/coronavirus/2020/7/7/21316726/protective-gear-for-medical-workers-shortage -ppe;纳塔利娅诉纳瓦罗。科罗拉多州仍然有个人防护设备严重不足。科罗拉多州公共广播电台。六月。 12年,2020年。
[3] Cases in the U.S., Centers for Disease Control, (visited July 13, 2020)
//www.cdc.gov/coronavirus/2019-ncov/cases-updates/cases-in-us.html
[4] See, e.g., States Restore Restrictions as cases and hospitalizations spike across U.S. Washington Post, A6 (July 7, 2020; Virus Cases Take no Holiday, Washington Post, A1 (July 5, 2020)
[5] Rush to Reopen caused case spikes, officials say, Washington Post A2 (July 6, 2020)
[6] Press Briefing by Vice President Pence and Members of the Coronavirus Task Force, July 8, 2020, //www.whitehouse.gov/briefings-statements/press-briefing-vice-president-pence-members-coronavirus-task-force-july-8-2020/
[7] See. e.g. Nurses: Reuse, Decontamination of Masks Endangers Health Care Workers, //www.nationalnursesunited.org/press/nurses-reuse-decontamination-masks-endangers-health-care-workers
[8]冠状援助,救灾和经济安全“关心”的行为,公法116-136,提交大流行应对问责委员会国防支出计划的部门。 5月29日,2020年也看到,一个新出现的疾病的威胁:参议院健康,教育,劳工和养老金委员会,第116代表大会,第二SESS前听证。 (2020年3月3日)(DR。卡德莱茨表明,在严重大流行,美国将需要3.5十亿口罩)。
[9] Institute for Health Metrics and Evaluation. IHME models show second wave of COVID-19 beginning September 15 in US. Jun. 11, 2020.
[10] Defense Production Act Purchases, Title III, Division B, of P.L. 116-136.
[11] Department of Defense slide presentation, provided as part of briefing to various committees of the House of Representatives (April 2020) (on file with the Committees on Appropriations, Armed Services and Financial Services)
[12] Department of Defense Spend Plan for the Coronavirus Aid, Relief and Economic Security “CARES” Act, Public Law 116-136, supra note 3.
[13] Congressional Research Service. The Defense Production Act of 1950: History, Authorities, and Considerations for Congress, Mar. 2, 2020.
[14] Executive Order 13922 (May 14, 2020).
[15]参见,例如,部分1412(B),更好地利用投资,从而导致2018年(编译行为的开发行为,PL 115-254(提供了“公司的宗旨是调动和促进私人参与机构资金和欠发达国家的经济发展经验。”))。
[16] Executive Order 13922 supra note 7 (providing that the DPA loans may be used for “the national response and recovery to the COVID-19 outbreak; or the resiliency of any relevant domestic supply chains.”).
[17] See, e.g., Congressional Record H1850 (Daily Ed. March 27, 2020) (Statement of Representative Maxine Waters).
[18]标题为“公共卫生与社会服务紧急基金”的头衔,我,B组,片酬保护方案和保健促进法,对下第二段。湖106-139。又见公共卫生和社会服务紧急基金,第八章,B组,关心行事,前注1(提供资金使用生产某些医疗用品和设备)。
[19] We also understand there is a pilot program being conducted on the use of reusable masks that afford respirator protection, such as powered air purifying respirators (PAPRs) and elastomeric respirators, which could lead to the need for additional investment in the production of these technologies.
[20] Statement by the Department of Defense, “DoD Awards $138 Million Contract, Enabling Prefilled Syringes for Future COVID-19 Vaccine,” (May 12, 2020)
//www.defense.gov/Newsroom/Releases/Release/Article/2184808/dod-awards-138-million-contract-enabling-prefilled-syringes-for-future-covid-19/source/GovDelivery/


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