I 

117TH CONGRESS 

1ST SESSION H. R. 3584 

To require the creation of a national commission to prepare for future 

national emergencies, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 28, 2021 

Mr. FITZPATRICK (for himself, Mr. GOTTHEIMER, Miss GONZA ́LEZ-COLO ́N, 

Mr. SUOZZI, Mr. STAUBER, Mr. PHILLIPS, Mr. BACON, Mrs. LEE of Nevada, Mr. TAYLOR, and Mr. PANETTA) introduced the following 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 Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To require the creation of a national commission to prepare 

for future national emergencies, 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 ‘‘Made in America 

5 Emergency Preparedness Act’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 


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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. 

1 TITLE I—PROCUREMENT WITHIN 

2 THE UNITED STATES REQUIRED 

3 SEC. 101. PROCUREMENT REQUIREMENTS. 

4 (a) GENERAL PROCUREMENT REQUIREMENTS FOR

5 DOD, DHS, HHS, AND CDC.—Except as provided in 

6 subsection (c), any medical, pharmaceutical, or emergency 

7 preparedness product, determined to be integral to the re8 sponse to a national emergency declared by the President 

9 under the National Emergencies Act (50 U.S.C. 1601 et 

10 seq.), as determined by the National Commission on 

11 United States Preparedness for National Emergencies 

12 shall be manufactured and procured within the United 


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1 States if procured by the Department of Defense, the De2 partment of Homeland Security, the Department of 

3 Health and Human Services, the Centers for Disease Con4 trol, or the National Institutes of Health. 

5 (b) REQUIREMENT FOR THE PROCUREMENT OF

6 AMERICAN-MADE PRODUCTS DURING A NATIONAL EMER7 GENCY.—Except as provided in subsection (c), any prod8 uct, material, minerals, ingredient, or equipment that is 

9 essential, as determined by the National Commission on 

10 United States Preparedness for National Emergencies, in 

11 the response to a declaration of a national emergency de12 clared by the President under the National Emergencies 

13 Act (50 U.S.C. 1601 et seq.) with a specific focus on med14 ical, pharmaceutical, or emergency preparedness product, 

15 as determined by the National Commission on United 

16 States Preparedness for National Emergencies shall be 

17 manufactured by American-owned entities unless specifi18 cally authorized by the President after the declaration. 

19 (c) EXCEPTION.—Notwithstanding subsections (a) 

20 and (b), the President or the National Commission on 

21 United States Preparedness for National Emergencies 

22 may exempt certain goods or entities from the require23 ments in such subsections as the President or Commission 

24 determines it to be necessary for national security. 


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1 (d) APPLICABILITY.—The requirements of this sec2 tion apply on and after January 1, 2026, and apply to 

3 any contract entered into on or after such date. 

4 TITLE II—NATIONAL COMMIS5 SION ON UNITED STATES 

6 PREPAREDNESS FOR NA7 TIONAL EMERGENCIES 

8 SEC. 201. ESTABLISHMENT OF COMMISSION. 

9 There is established in the legislative branch the Na10 tional Commission on United States Preparedness for Na11 tional Emergencies (in this title referred to as the ‘‘Com12 mission’’). 

13 SEC. 202. PURPOSES. 

14 The purposes of the Commission are to— 

15 (1) examine and report upon the facts and ac16 tions taken relating to the COVID–19 pandemic in 

17 the United States in 2020 and private sector re18 sponse; 

19 (2) investigate the origin of the COVID–19 

20 virus; 

21 (3) investigate and report to the President and 

22 Congress on its findings, conclusions, and rec23 ommendations for measures that can be taken to 

24 mitigate impacts of future physical and medical na25 tional disasters; 


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1 (4) determine products, materials, minerals, in2 gredients, or equipment that is essential in the re3 sponse to a declaration of a national emergency and 

4 to determine surge capacity for both physical and 

5 medical national disasters; 

6 (5) give special attention to the need for or ex7 istence of national Federal stockpile requirements 

8 and national surge capacity; and 

9 (6) report on infrastructure deficiencies or ca10 pability deficiencies in hospitals and medical centers. 

11 SEC. 203. COMPOSITION OF COMMISSION. 

12 (a) MEMBERS.—The Commission shall be composed 

13 of 10 members, of whom— 

14 (1) 1 member shall be appointed by the Presi15 dent, who shall serve as chairman of the Commis16 sion; 

17 (2) 1 member shall be appointed by the leader 

18 of the Senate (majority or minority leader, as the 

19 case may be) of the Republican Party, in consulta20 tion with the leader of the House of Representatives 

21 (majority or minority leader, as the case may be) of 

22 the Republican Party, who shall serve as vice chair23 man of the Commission; 


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1 (3) 2 members shall be appointed by the senior 

2 member of the Senate leadership of the Democratic 

3 Party; 

4 (4) 2 members shall be appointed by the senior 

5 member of the leadership of the House of Represent6 atives of the Republican Party; 

7 (5) 2 members shall be appointed by the senior 

8 member of the Senate leadership of the Republican 

9 Party; and 

10 (6) 2 members shall be appointed by the senior 

11 member of the leadership of the House of Represent12 atives of the Democratic Party. 

13 (b) QUALIFICATIONS; INITIAL MEETING.— 

14 (1) POLITICAL PARTY AFFILIATION.—Not more 

15 than 5 members of the Commission shall be from 

16 the same political party. 

17 (2) NONGOVERNMENTAL APPOINTEES.—An in18 dividual appointed to the Commission may not be an 

19 officer or employee of the Federal Government or 

20 any State or local government. 

21 (3) OTHER QUALIFICATIONS.—It is the sense of 

22 Congress that individuals appointed to the Commis23 sion should be prominent United States citizens, 

24 with national recognition and significant depth of ex25 perience in such professions as health, manufacVerDate Sep 11 2014 05:27 Jun 24, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3584.IH H3584

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1 turing, agriculture, emergency planning, govern2 mental service, law enforcement, the Armed Serv3 ices, law, public administration, commerce, and dis4 aster relief. 

5 (4) INITIAL MEETING.—The Commission shall 

6 meet and begin the operations of the Commission as 

7 soon as practicable. 

8 (c) QUORUM; VACANCIES.—After its initial meeting, 

9 the Commission shall meet upon the call of the chairman 

10 or a majority of its members. Six members of the Commis11 sion shall constitute a quorum. Any vacancy in the Com12 mission shall not affect its powers, but shall be filled in 

13 the same manner in which the original appointment was 

14 made. 

15 SEC. 204. FUNCTIONS OF COMMISSION. 

16 The functions of the Commission are to make rec17 ommendations to the President on what resources are nec18 essarily to properly address a wide range of physical and 

19 health national disasters. 

20 SEC. 205. POWERS OF COMMISSION. 

21 (a) IN GENERAL.— 

22 (1) HEARINGS AND EVIDENCE.—The Commis23 sion or, on the authority of the Commission, any 

24 subcommittee or member thereof, may, for the pur25 pose of carrying out this title— 


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1 (A) hold such hearings and sit and act at 

2 such times and places, take such testimony, re3 ceive such evidence, administer such oaths; and 

4 (B) subject to paragraph (2)(A), require, 

5 by subpoena or otherwise, the attendance and 

6 testimony of such witnesses and the production 

7 of such books, records, correspondence, memo8 randa, papers, and documents, as the Commis9 sion or such designated subcommittee or des10 ignated member may determine advisable. 

11 (2) SUBPOENAS.— 

12 (A) ISSUANCE.— 

13 (i) IN GENERAL.—A subpoena may be 

14 issued under this subsection only— 

15 (I) by the agreement of the 

16 chairman and the vice chairman; or 

17 (II) by the affirmative vote of 6 

18 members of the Commission. 

19 (ii) SIGNATURE.—Subject to clause 

20 (i), subpoenas issued under this subsection 

21 may be issued under the signature of the 

22 chairman or any member designated by a 

23 majority of the Commission, and may be 

24 served by any person designated by the 


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1 chairman or by a member designated by a 

2 majority of the Commission. 

3 (B) ENFORCEMENT.— 

4 (i) IN GENERAL.—In the case of con5 tumacy or failure to obey a subpoena 

6 issued under subsection (a), the United 

7 States district court for the judicial district 

8 in which the subpoenaed person resides, is 

9 served, or may be found, or where the sub10 poena is returnable, may issue an order re11 quiring such person to appear at any des12 ignated place to testify or to produce docu13 mentary or other evidence. Any failure to 

14 obey the order of the court may be pun15 ished by the court as a contempt of that 

16 court. 

17 (ii) ADDITIONAL ENFORCEMENT.—In 

18 the case of any failure of any witness to 

19 comply with any subpoena or to testify 

20 when summoned under authority of this 

21 section, the Commission may, by majority 

22 vote, certify a statement of fact consti23 tuting such failure to the appropriate 

24 United States attorney, who may bring the 

25 matter before the grand jury for its action, 


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1 under the same statutory authority and 

2 procedures as if the United States attorney 

3 had received a certification under sections 

4 102 through 104 of the Revised Statutes 

5 of the United States (2 U.S.C. 192 

6 through 194). 

7 (b) CONTRACTING.—The Commission may, to such 

8 extent and in such amounts as are provided in appropria9 tion Acts, enter into contracts to enable the Commission 

10 to discharge its duties under this title. 

11 (c) INFORMATION FROM FEDERAL AGENCIES.— 

12 (1) IN GENERAL.—The Commission is author13 ized to secure directly from any executive depart14 ment, bureau, agency, board, commission, office, 

15 independent establishment, or instrumentality of the 

16 Government, information, suggestions, estimates, 

17 and statistics for the purposes of this title. Each de18 partment, bureau, agency, board, commission, office, 

19 independent establishment, or instrumentality shall, 

20 to the extent authorized by law, furnish such infor21 mation, suggestions, estimates, and statistics di22 rectly to the Commission, upon request made by the 

23 chairman, the chairman of any subcommittee cre24 ated by a majority of the Commission, or any mem25 ber designated by a majority of the Commission. 


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1 (2) RECEIPT, HANDLING, STORAGE, AND DIS2 SEMINATION.—Information shall only be received, 

3 handled, stored, and disseminated by members of 

4 the Commission and its staff consistent with all ap5 plicable statutes, regulations, and Executive orders. 

6 (d) ASSISTANCE FROM FEDERAL AGENCIES.— 

7 (1) GENERAL SERVICES ADMINISTRATION.— 

8 The Administrator of General Services shall provide 

9 to the Commission on a reimbursable basis adminis10 trative support and other services for the perform11 ance of the Commission’s functions. 

12 (2) OTHER DEPARTMENTS AND AGENCIES.—In 

13 addition to the assistance prescribed in paragraph 

14 (1), departments and agencies of the United States 

15 may provide to the Commission such services, funds, 

16 facilities, staff, and other support services as they 

17 may determine advisable and as may be authorized 

18 by law. 

19 (e) GIFTS.—The Commission may accept, use, and 

20 dispose of gifts or donations of services or property. 

21 (f) POSTAL SERVICES.—The Commission may use 

22 the United States mails in the same manner and under 

23 the same conditions as departments and agencies of the 

24 United States. 


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1 SEC. 206. NONAPPLICABILITY OF FEDERAL ADVISORY COM2 MITTEE ACT. 

3 (a) IN GENERAL.—The Federal Advisory Committee 

4 Act (5 U.S.C. App.) shall not apply to the Commission. 

5 (b) PUBLIC MEETINGS AND RELEASE OF PUBLIC

6 VERSIONS OF REPORTS.—The Commission shall— 

7 (1) hold public hearings and meetings to the ex8 tent appropriate; and 

9 (2) release public versions of the reports re10 quired under section 310(a) and (b). 

11 (c) PUBLIC HEARINGS.—Any public hearings of the 

12 Commission shall be conducted in a manner consistent 

13 with the protection of information provided to or developed 

14 for or by the Commission as required by any applicable 

15 statute, regulation, or Executive order. 

16 SEC. 207. STAFF OF COMMISSION. 

17 (a) IN GENERAL.— 

18 (1) APPOINTMENT AND COMPENSATION.—The 

19 chairman, in consultation with the vice chairman, in 

20 accordance with rules agreed upon by the Commis21 sion, may appoint and fix the compensation of a 

22 staff director and such other personnel as may be 

23 necessary to enable the Commission to carry out its 

24 functions, without regard to the provisions of title 5, 

25 United States Code, governing appointments in the 

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1 sions of chapter 51 and subchapter III of chapter 53 

2 of such title relating to classification and General 

3 Schedule pay rates, except that no rate of pay fixed 

4 under this subsection may exceed the equivalent of 

5 that payable for a position at level V of the Execu6 tive Schedule under section 5316 of title 5, United 

7 States Code. 

8 (2) PERSONNEL AS FEDERAL EMPLOYEES.— 

9 (A) IN GENERAL.—The executive director 

10 and any personnel of the Commission who are 

11 employees shall be employees under section 

12 2105 of title 5, United States Code, for pur13 poses of chapters 63, 81, 83, 84, 85, 87, 89, 

14 and 90 of that title. 

15 (B) MEMBERS OF COMMISSION.—Subpara16 graph (A) shall not be construed to apply to 

17 members of the Commission. 

18 (b) DETAILEES.—Any Federal Government employee 

19 may be detailed to the Commission without reimbursement 

20 from the Commission, and such detailee shall retain the 

21 rights, status, and privileges of his or her regular employ22 ment without interruption. 

23 (c) CONSULTANT SERVICES.—The Commission is au24 thorized to procure the services of experts and consultants 

25 in accordance with section 3109 of title 5, United States 


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1 Code, but at rates not to exceed the daily rate paid a per2 son occupying a position at level IV of the Executive 

3 Schedule under section 5315 of title 5, United States 

4 Code. 

5 SEC. 208. COMPENSATION AND TRAVEL EXPENSES. 

6 (a) COMPENSATION.—Each member of the Commis7 sion may be compensated at not to exceed the daily equiva8 lent of the annual rate of basic pay in effect for a position 

9 at level IV of the Executive Schedule under section 5315 

10 of title 5, United States Code, for each day during which 

11 that member is engaged in the actual performance of the 

12 duties of the Commission. 

13 (b) TRAVEL EXPENSES.—While away from their 

14 homes or regular places of business in the performance 

15 of services for the Commission, members of the Commis16 sion shall be allowed travel expenses, including per diem 

17 in lieu of subsistence, in the same manner as persons em18 ployed intermittently in the Government service are al19 lowed expenses under section 5703(b) of title 5, United 

20 States Code. 

21 SEC. 209. SECURITY CLEARANCES FOR COMMISSION MEM22 BERS AND STAFF. 

23 The appropriate Federal agencies or departments 

24 shall cooperate with the Commission in expeditiously pro25 viding to the Commission members and staff appropriate 


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1 security clearances to the extent possible pursuant to ex2 isting procedures and requirements, except that no person 

3 shall be provided with access to classified information 

4 under this title without the appropriate security clear5 ances. 

6 SEC. 210. REPORTS OF COMMISSION; TERMINATION. 

7 (a) INTERIM REPORTS.—The Commission may sub8 mit to the President and Congress interim reports con9 taining such findings, conclusions, and recommendations 

10 for corrective measures as have been agreed to by a major11 ity of Commission members. 

12 (b) FINAL REPORT.—Not later than 18 months after 

13 the date of the enactment of this Act, the Commission 

14 shall submit to the President and Congress a final report 

15 containing such findings, conclusions, and recommenda16 tions for corrective measures as have been agreed to by 

17 a majority of Commission members. 

18 (c) REPORT ON ESSENTIAL PRODUCTS, MATERIALS, 

19 INGREDIENTS, AND EQUIPMENT REQUIRED.—Not later 

20 than 18 months after the date of the enactment of this 

21 Act, the Commission shall submit to the President and 

22 Congress a report on the findings of the Commission re23 garding which medical, pharmaceutical, and emergency 

24 preparedness products are determined to be essential for 

25 purposes of section 101(b). 


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1 (d) REPORT ON STATE ACTIONS.—Not later than 18 

2 months after the date of the enactment of this Act, the 

3 Commission shall submit to the President and Congress 

4 a report on— 

5 (1) actions States should take to be better pre6 pared; 

7 (2) national Federal stockpile requirements; 

8 and 

9 (3) national surge capacity infrastructure defi10 ciencies in hospitals and medical centers. 

11 (e) TERMINATION.— 

12 (1) IN GENERAL.—The Commission, and all the 

13 authorities of this title, shall terminate 60 days after 

14 the date on which the final report is submitted 

15 under subsection (b). 

16 (2) ADMINISTRATIVE ACTIVITIES BEFORE TER17 MINATION.—The Commission may use the 60-day 

18 period referred to in paragraph (1) for the purpose 

19 of concluding its activities, including providing testi20 mony to committees of Congress concerning its re21 ports and disseminating the final report. 


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1 TITLE III—STATE IMPLEMENTA2 TION OF FINDINGS BY COM3 MISSION 

4 SEC. 301. STATE IMPLEMENTATION OF FINDINGS. 

5 (a) LOSS OF FEDERAL FUNDING.—Except as pro6 vided in subsection (b), any State that fails to implement 

7 the findings of the report described in section 310(d) by 

8 January 1, 2026, at the State and local level will lose ac9 cess to all Federal funds for emergency preparedness. 

10 (b) EXEMPTION.—Notwithstanding subsection (a), 

11 the Secretary of Homeland Security may exempt a State 

12 from the loss of Federal funds if the Secretary determines 

13 that the State is working towards implementing the find14 ings in good faith. The Secretary shall evaluate each such 

15 exemption every fiscal year. 

16 TITLE IV—TEMPORARY 100 PER17 CENT EXPENSING FOR QUALI18 FYING GOODS 

19 SEC. 401. SPECIAL ALLOWANCE FOR CERTAIN PROPERTY. 

20 (a) IN GENERAL.—For purposes of section 168(k) of 

21 the Internal Revenue Code of 1986, in the case of any 

22 qualified pharmaceutical and medical device manufac23 turing property which is placed in service after December 

24 31, 2020, and before January 1, 2027— 


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1 (1) such property shall be treated as qualified 

2 property (within the meaning of such section); 

3 (2) the applicable percentage otherwise deter4 mined under section 168(k) of such Code with re5 spect to such property shall be 100 percent; and 

6 (3) paragraph (8) of such section shall not 

7 apply. 

8 (b) QUALIFIED PHARMACEUTICAL AND MEDICAL

9 DEVICE MANUFACTURING PROPERTY.—For purposes of 

10 this section, the term ‘‘qualified pharmaceutical and med11 ical device manufacturing property’’ means any tangible 

12 property placed in service in the United States as part 

13 of the construction or expansion of property for the manu14 facture of drugs (as defined in section 201(g) of the Fed15 eral Food, Drug, and Cosmetic Act (21 U.S.C. 321(g))) 

16 or medical devices (as defined in section 201(h) of such 

17 Act (21 U.S.C. 321(h)), including personal protective 

18 equipment and any other item determined by the National 

19 Commission on United States Preparedness for National 

20 Emergencies to be necessary. 

Æ 


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