Made in America Emergency Preparedness Act

I 116TH CONGRESS 2D SESSION H. R. 6431 To require the creation of a national commission to prepare for future national emergencies, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 3, 2020 Mr. FITZPATRICK (for himself, Mr. BRINDISI, Mr. REED, Mr. GOTTHEIMER, Mr. HURD of Texas, Mr. SUOZZI, and Mr. PHILLIPS) introduced the fol- lowing bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Ways and Means, Oversight and Reform, Homeland Security, Energy and Commerce, and Armed Services, for a period to be subsequently determined by the Speak- er, in each case for consideration of such provisions as fall within the ju- risdiction of the committee concerned A BILL To require the creation of a national commission to prepare for future national emergencies, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Made in America 4 Emergency Preparedness Act’’. 5 SEC. 2. TABLE OF CONTENTS. 6 The table of contents for this Act is as follows: 7 VerDate Sep 11 2014 21:46 Apr 17, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6431.IH H6431 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 6431 IH Sec. 1. Short title. Sec. 2. Table of contents. TITLE I—PROCUREMENT WITHIN THE UNITED STATES REQUIRED Sec. 101. Procurement requirements. TITLE II—NATIONAL COMMISSION ON UNITED STATES PREPAREDNESS FOR NATIONAL EMERGENCIES Sec. 201. Establishment of Commission. Sec. 202. Purposes. Sec. 203. Composition of Commission. Sec. 204. Functions of Commission. Sec. 205. Powers of Commission. Sec. 206. Nonapplicability of Federal Advisory Committee Act. Sec. 207. Staff of Commission. Sec. 208. Compensation and travel expenses. Sec. 209. Security clearances for Commission members and staff. Sec. 210. Reports of Commission; termination. TITLE III—STATE IMPLEMENTATION OF FINDINGS BY COMMISSION Sec. 301. State implementation of findings. TITLE IV—TEMPORARY 100 PERCENT EXPENSING FOR QUALIFYING GOODS Sec. 401. Special allowance for certain property. TITLE I—PROCUREMENT WITHIN 1 THE UNITED STATES REQUIRED 2 SEC. 101. PROCUREMENT REQUIREMENTS. 3 (a) GENERAL PROCUREMENT REQUIREMENTS FOR 4 DOD, DHS, HHS, AND CDC.—Except as provided in 5 subsection (c), any medical, pharmaceutical, or emergency 6 preparedness product, determined to be integral to the re- 7 sponse to a national emergency declared by the President 8 under the National Emergencies Act (50 U.S.C. 1601 et 9 seq.), as determined by the National Commission on 10 United States Preparedness for National Emergencies 11 shall be manufactured and procured within the United 12 VerDate Sep 11 2014 21:46 Apr 17, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6431.IH H6431 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 6431 IH States if procured by the Department of Defense, the De- 1 partment of Homeland Security, the Department of 2 Health and Human Services, the Centers for Disease Con- 3 trol, or the National Institutes of Health. 4 (b) REQUIREMENT FOR THE PROCUREMENT OF 5 AMERICAN-MADE PRODUCTS DURING A NATIONAL EMER- 6 GENCY.—Except as provided in subsection (c), any prod- 7 uct, material, ingredient, or equipment that is essential, 8 as determined by the National Commission on United 9 States Preparedness for National Emergencies, in the re- 10 sponse to a declaration of a national emergency declared 11 by the President under the National Emergencies Act (50 12 U.S.C. 1601 et seq.) with a specific focus on medical, 13 pharmaceutical, or emergency preparedness product, as 14 determined by the National Commission on United States 15 Preparedness for National Emergencies shall be manufac- 16 tured by American-owned entities unless specifically au- 17 thorized by the President after the declaration. 18 (c) EXCEPTION.—Notwithstanding subsections (a) 19 and (b), the President or the National Commission on 20 United States Preparedness for National Emergencies 21 may exempt certain goods or entities from the require- 22 ments in such subsections as the President or Commission 23 determines it to be necessary for national security. 24 VerDate Sep 11 2014 21:46 Apr 17, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6431.IH H6431 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 6431 IH (d) APPLICABILITY.—The requirements of this sec- 1 tion apply on and after January 1, 2025, and apply to 2 any contract entered into on or after such date. 3 TITLE II—NATIONAL COMMIS- 4 SION ON UNITED STATES 5 PREPAREDNESS FOR NA- 6 TIONAL EMERGENCIES 7 SEC. 201. ESTABLISHMENT OF COMMISSION. 8 There is established in the legislative branch the Na- 9 tional Commission on United States Preparedness for Na- 10 tional Emergencies (in this title referred to as the ‘‘Com- 11 mission’’). 12 SEC. 202. PURPOSES. 13 The purposes of the Commission are to— 14 (1) examine and report upon the facts and ac- 15 tions taken relating to the COVID–19 pandemic in 16 the United States in 2020 and private sector re- 17 sponse; 18 (2) investigate and report to the President and 19 Congress on its findings, conclusions, and rec- 20 ommendations for measures that can be taken to 21 mitigate impacts of future physical and medical na- 22 tional disasters; 23 (3) determine products, materials, ingredients, 24 or equipment that is essential in the response to a 25 VerDate Sep 11 2014 21:46 Apr 17, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6431.IH H6431 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 6431 IH declaration of a national emergency and to deter- 1 mine surge capacity for both physical and medical 2 national disasters; 3 (4) give special attention to the need for or ex- 4 istence of national Federal stockpile requirements 5 and national surge capacity; and 6 (5) report on infrastructure deficiencies or ca- 7 pability deficiencies in hospitals and medical centers. 8 SEC. 203. COMPOSITION OF COMMISSION. 9 (a) MEMBERS.—The Commission shall be composed 10 of 10 members, of whom— 11 (1) 1 member shall be appointed by the Presi- 12 dent, who shall serve as chairman of the Commis- 13 sion; 14 (2) 1 member shall be appointed by the leader 15 of the Senate (majority or minority leader, as the 16 case may be) of the Democratic Party, in consulta- 17 tion with the leader of the House of Representatives 18 (majority or minority leader, as the case may be) of 19 the Democratic Party, who shall serve as vice chair- 20 man of the Commission; 21 (3) 2 members shall be appointed by the senior 22 member of the Senate leadership of the Democratic 23 Party; 24 VerDate Sep 11 2014 21:46 Apr 17, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6431.IH H6431 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 6431 IH (4) 2 members shall be appointed by the senior 1 member of the leadership of the House of Represent- 2 atives of the Republican Party; 3 (5) 2 members shall be appointed by the senior 4 member of the Senate leadership of the Republican 5 Party; and 6 (6) 2 members shall be appointed by the senior 7 member of the leadership of the House of Represent- 8 atives of the Democratic Party. 9 (b) QUALIFICATIONS; INITIAL MEETING.— 10 (1) POLITICAL PARTY AFFILIATION.—Not more 11 than 5 members of the Commission shall be from 12 the same political party. 13 (2) NONGOVERNMENTAL APPOINTEES.—An in- 14 dividual appointed to the Commission may not be an 15 officer or employee of the Federal Government or 16 any State or local government. 17 (3) OTHER QUALIFICATIONS.—It is the sense of 18 Congress that individuals appointed to the Commis- 19 sion should be prominent United States citizens, 20 with national recognition and significant depth of ex- 21 perience in such professions as health, manufac- 22 turing, agriculture, emergency planning, govern- 23 mental service, law enforcement, the Armed Serv- 24 VerDate Sep 11 2014 21:46 Apr 17, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6431.IH H6431 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 6431 IH ices, law, public administration, commerce, and dis- 1 aster relief. 2 (4) INITIAL MEETING.—The Commission shall 3 meet and begin the operations of the Commission as 4 soon as practicable. 5 (c) QUORUM; VACANCIES.—After its initial meeting, 6 the Commission shall meet upon the call of the chairman 7 or a majority of its members. Six members of the Commis- 8 sion shall constitute a quorum. Any vacancy in the Com- 9 mission shall not affect its powers, but shall be filled in 10 the same manner in which the original appointment was 11 made. 12 SEC. 204. FUNCTIONS OF COMMISSION. 13 The functions of the Commission are to make rec- 14 ommendations to the President on what resources are nec- 15 essarily to properly address a wide range of physical and 16 health national disasters. 17 SEC. 205. POWERS OF COMMISSION. 18 (a) IN GENERAL.— 19 (1) HEARINGS AND EVIDENCE.—The Commis- 20 sion or, on the authority of the Commission, any 21 subcommittee or member thereof, may, for the pur- 22 pose of carrying out this title— 23 VerDate Sep 11 2014 21:46 Apr 17, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6431.IH H6431 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 6431 IH (A) hold such hearings and sit and act at 1 such times and places, take such testimony, re- 2 ceive such evidence, administer such oaths; and 3 (B) subject to paragraph (2)(A), require, 4 by subpoena or otherwise, the attendance and 5 testimony of such witnesses and the production 6 of such books, records, correspondence, memo- 7 randa, papers, and documents, as the Commis- 8 sion or such designated subcommittee or des- 9 ignated member may determine advisable. 10 (2) SUBPOENAS.— 11 (A) ISSUANCE.— 12 (i) IN GENERAL.—A subpoena may be 13 issued under this subsection only— 14 (I) by the agreement of the 15 chairman and the vice chairman; or 16 (II) by the affirmative vote of 6 17 members of the Commission. 18 (ii) SIGNATURE.—Subject to clause 19 (i), subpoenas issued under this subsection 20 may be issued under the signature of the 21 chairman or any member designated by a 22 majority of the Commission, and may be 23 served by any person designated by the 24 VerDate Sep 11 2014 21:46 Apr 17, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6431.IH H6431 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 6431 IH chairman or by a member designated by a 1 majority of the Commission. 2 (B) ENFORCEMENT.— 3 (i) IN GENERAL.—In the case of con- 4 tumacy or failure to obey a subpoena 5 issued under subsection (a), the United 6 States district court for the judicial district 7 in which the subpoenaed person resides, is 8 served, or may be found, or where the sub- 9 poena is returnable, may issue an order re- 10 quiring such person to appear at any des- 11 ignated place to testify or to produce docu- 12 mentary or other evidence. Any failure to 13 obey the order of the court may be pun- 14 ished by the court as a contempt of that 15 court. 16 (ii) ADDITIONAL ENFORCEMENT.—In 17 the case of any failure of any witness to 18 comply with any subpoena or to testify 19 when summoned under authority of this 20 section, the Commission may, by majority 21 vote, certify a statement of fact consti- 22 tuting such failure to the appropriate 23 United States attorney, who may bring the 24 matter before the grand jury for its action, 25 VerDate Sep 11 2014 21:46 Apr 17, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H6431.IH H6431 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 6431 IH under the same statutory authority and 1 procedures as if the United States attorney 2 had received a certification under sections 3 102 through 104 of the Revised Statutes 4 of the United States (2 U.S.C. 192 5 through 194). 6 (b) CONTRACTING.—The Commission may, to such 7 extent and in such amounts as are provided in appropria- 8 tion Acts, enter into contracts to enable the Commission 9 to discharge its duties under this title. 10 (c) INFORMATION FROM FEDERAL AGENCIES.— 11 (1) IN GENERAL.—The Commission is author- 12 ized to secure directly from any executive depart- 13 ment, bureau, agency, board, commission, office, 14 independent establishment, or instrumentality of the 15 Government, information, suggestions, estimates, 16 and statistics for the purposes of this title. Each de- 17 partment, bureau, agency, board, commission, office, 18 independent establishment, or instrumentality shall, 19 to the extent authorized by law, furnish such infor- 20 mation, suggestions, estimates, and statistics di- 21 rectly to the Commission, upon request made by the 22 chairman, the chairman of any subcommittee cre- 23 ated by a majority of the Commission, or any mem- 24 ber designated by a majority of the Commission. 25 VerDate Sep 11 2014 21:46 Apr 17, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H6431.IH H6431 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 6431 IH (2) RECEIPT, HANDLING, STORAGE, AND DIS- 1 SEMINATION.—Information shall only be received, 2 handled, stored, and disseminated by members of 3 the Commission and its staff consistent with all ap- 4 plicable statutes, regulations, and Executive orders. 5 (d) ASSISTANCE FROM FEDERAL AGENCIES.— 6 (1) GENERAL SERVICES ADMINISTRATION.— 7 The Administrator of General Services shall provide 8 to the Commission on a reimbursable basis adminis- 9 trative support and other services for the perform- 10 ance of the Commission’s functions. 11 (2) OTHER DEPARTMENTS AND AGENCIES.—In 12 addition to the assistance prescribed in paragraph 13 (1), departments and agencies of the United States 14 may provide to the Commission such services, funds, 15 facilities, staff, and other support services as they 16 may determine advisable and as may be authorized 17 by law. 18 (e) GIFTS.—The Commission may accept, use, and 19 dispose of gifts or donations of services or property. 20 (f) POSTAL SERVICES.—The Commission may use 21 the United States mails in the same manner and under 22 the same conditions as departments and agencies of the 23 United States. 24 VerDate Sep 11 2014 21:46 Apr 17, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H6431.IH H6431 pbinns on DSKJLVW7X2PROD with BILLS 12 •HR 6431 IH SEC. 206. NONAPPLICABILITY OF FEDERAL ADVISORY COM- 1 MITTEE ACT. 2 (a) IN GENERAL.—The Federal Advisory Committee 3 Act (5 U.S.C. App.) shall not apply to the Commission. 4 (b) PUBLIC MEETINGS AND RELEASE OF PUBLIC 5 VERSIONS OF REPORTS.—The Commission shall— 6 (1) hold public hearings and meetings to the ex- 7 tent appropriate; and 8 (2) release public versions of the reports re- 9 quired under section 310(a) and (b). [Text truncated for display. Full text available on Congress.gov.]