I 
116TH CONGRESS 
2D SESSION 
H. R. 6793 
To authorize the Secretary of Health and Human Services to create, maintain, 
protect, expand, or restore domestic industrial base capabilities essential 
for pandemic preparedness, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 8, 2020 
Mrs. TRAHAN (for herself, Mr. PAPPAS, and Mr. MALINOWSKI) introduced the 
following bill; which was referred to the Committee on Energy and Commerce 
A BILL 
To authorize the Secretary of Health and Human Services 
to create, maintain, protect, expand, or restore domestic 
industrial base capabilities essential for pandemic pre-
paredness, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Pandemic Production 
Act’’. 
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SEC. 2. EXPANSION OF PRODUCTIVE CAPACITY AND SUP-
PLY RELATED TO PANDEMIC PREPARED-
NESS. 
(a) SECRETARIAL AUTHORIZATION FOR PANDEMIC 
PREPAREDNESS.— 
(1) IN GENERAL.—To create, maintain, protect, 
expand, or restore domestic industrial base capabili-
ties essential for pandemic preparedness, the Sec-
retary shall make provision— 
(A) for purchases of or commitments to 
purchase essential medical technology, including 
vaccines, and related materials, including per-
sonal protective equipment; 
(B) for the encouragement of production of 
essential medical technology and related mate-
rials; 
(C) for the development and maintenance 
of production capabilities; and 
(D) for the increased use of emerging tech-
nologies in biological, chemical, and radiological 
security program applications and the rapid 
transition of emerging technologies— 
(i) from Government-sponsored re-
search and development to commercial ap-
plications; and 
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(ii) from commercial research and de-
velopment to pandemic preparedness appli-
cations. 
(2) SECRETARIAL
DETERMINATIONS.—Except 
as provided in paragraph (4), the Secretary may not 
execute a contract under this subsection unless the 
Secretary determines, with appropriate explanatory 
material and in writing to the Committee on Bank-
ing, Housing, and Urban Affairs of the Senate and 
the Committee on Financial Services of the House of 
Representatives, that— 
(A) the essential medical technology or re-
lated materials is essential to the pandemic re-
sponse strategy of the United States; 
(B) without Secretarial action under this 
section, the United States industry cannot rea-
sonably be expected to provide consistently the 
capability for the needed essential medical tech-
nology or related materials in a timely manner; 
and 
(C) purchases, purchase commitments, or 
other action pursuant to this section are the 
most cost effective, expedient, and practical al-
ternative method for meeting the need. 
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(3) NOTIFICATION
TO
CONGRESS
OF
SHORT-
FALL.— 
(A) IN GENERAL.—Except as provided in 
paragraph (4), the Secretary shall provide writ-
ten notice to the Committee on Banking, Hous-
ing, and Urban Affairs of the Senate and the 
Committee on Financial Services of the House 
of Representatives of a domestic industrial base 
shortfall prior to taking action under this sub-
section to remedy the shortfall. The notice shall 
include the determinations made by the Sec-
retary under paragraph (2). 
(B) AGGREGATE AMOUNTS.—If the taking 
of any action under this subsection to correct a 
domestic industrial base shortfall would cause 
the aggregate outstanding amount of all such 
actions for such shortfall to exceed $5,000,000 
within a five year period, the action or actions 
may be taken only after the 30-day period fol-
lowing the date on which the Committee on 
Banking, Housing, and Urban Affairs of the 
Senate and the Committee on Financial Serv-
ices of the House of Representatives have been 
notified in writing of the proposed action. 
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(4) WAIVER AUTHORIZED.—The Secretary may 
waive the requirements of paragraphs (1) through 
(3) during a period of national emergency declared 
by an Act of Congress or the President. 
(b) SECRETARIAL FINDINGS.— 
(1) IN GENERAL.—The Secretary may take the 
actions described in paragraph (2), if the Secretary 
finds— 
(A) under generally fair and equitable ceil-
ing prices, for any raw or nonprocessed mate-
rial, there will result a decrease in supplies 
from high-cost sources of such material, and 
that the continuation of such supplies is nec-
essary to carry out the objectives of this sec-
tion; or 
(B) an increase in cost of transportation is 
temporary in character and threatens to impair 
maximum production or supply in any area at 
stable prices of any materials. 
(2) SUBSIDY PAYMENTS AUTHORIZED.—Upon a 
finding under paragraph (1), the Secretary may 
make provision for subsidy payments on any such 
domestically produced material in such amounts and 
in such manner (including purchases of such mate-
rial and its resale at a loss), and on such terms and 
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conditions, as the Secretary determines to be nec-
essary to ensure that supplies from such high-cost 
sources are continued, or that maximum production 
or supply in such area at stable prices of such mate-
rials is maintained, as the case may be. 
(c) INCIDENTAL
AUTHORITY.—The procurement 
power granted to the Secretary by this section shall in-
clude the power to transport and store and have processed 
and refined any materials procured under this section. 
(d) INSTALLATION OF EQUIPMENT IN INDUSTRIAL 
FACILITIES.—If the Secretary determines that such action 
will aid the pandemic response strategy of the United 
States, the Secretary is authorized— 
(1) to procure and install additional equipment, 
facilities, processes, or improvements to plants, fac-
tories, and other industrial facilities owned by the 
Federal Government; 
(2) to procure and install equipment owned by 
the Federal Government in plants, factories, and 
other industrial facilities owned by private persons; 
(3) to provide for the modification or expansion 
of privately owned facilities, including the modifica-
tion or improvement of production processes; and 
(4) to sell or otherwise transfer equipment 
owned by the Federal Government and installed 
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under this subsection to the owners of such plants, 
factories, or other industrial facilities. 
(e) EXCESS ESSENTIAL MEDICAL TECHNOLOGY, IN-
CLUDING VACCINES, AND RELATED MATERIALS, INCLUD-
ING
PERSONAL
PROTECTIVE
EQUIPMENT.—Notwith-
standing any other provision of law to the contrary, essen-
tial medical technology, including vaccines, and related 
materials, including personal protective equipment ac-
quired pursuant to this section which, in the judgment of 
the Secretary, are excess to the needs of programs under 
this section, shall be transferred to the Strategic National 
Stockpile, when the Secretary deems such action to be in 
the public interest. 
(f) SUBSTITUTES.—When, in the judgement of the 
Secretary, it will aid pandemic preparedness, the Sec-
retary may make provision for the development of sub-
stitutes for strategic and critical materials, critical compo-
nents, critical technology items, and other industrial re-
sources. 
(g) PANDEMIC PRODUCTION ACT FUND.— 
(1) ESTABLISHMENT OF FUND.—There is es-
tablished in the Treasury of the United States a sep-
arate fund to be known as the ‘‘Pandemic Produc-
tion Act Fund’’ (in this subsection referred to as the 
‘‘Fund’’). 
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(2) MONEYS IN FUND.—There shall be credited 
to the Fund— 
(A) all moneys appropriated for the Fund, 
as authorized by subsection (i); and 
(B) all moneys received by the Fund on 
transactions entered into pursuant to this sec-
tion. 
(3) USE OF FUND.—The Fund shall be avail-
able to carry out the provisions and purposes of this 
section subject to the limitations set forth in this 
section and in appropriations Acts. 
(4) DURATION OF FUND.—Moneys in the Fund 
shall remain available until expended. 
(5) FUND MANAGER.—The Secretary shall des-
ignate a Fund manager. The duties of the Fund 
manager shall include— 
(A) determining the liability of the Fund 
in accordance with paragraph (6); 
(B) ensuring the visibility and account-
ability of transactions engaged in through the 
Fund; and 
(C) reporting to the Congress regarding 
activities of the Fund— 
(i) quarterly, with respect to the pre-
vious quarter; or 
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(ii) weekly, during a period of national 
emergency declared by an Act of Congress 
or the President, with respect to the pre-
vious week. 
(6) LIABILITIES
AGAINST
FUND.—When any 
agreement entered into pursuant to this section im-
poses any contingent liability upon the United 
States, such liability shall be considered an obliga-
tion against the Fund. 
(h) DELEGATION
OF AUTHORITY.—The Secretary 
may only delegate authority under this section to the As-
sistant Secretary for Preparedness and Response and such 
Assistant Secretary may not further delegate such author-
ity. 
(i) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated such sums as may be nec-
essary for fiscal year 2020 and each fiscal year thereafter 
for the carrying out of the provisions and purposes of this 
section. 
(j) DEFINITIONS.—For purposes of this section, the 
following definitions shall apply: 
(1) CRITICAL COMPONENT.—The term ‘‘critical 
component’’ includes such components, subsystems, 
systems, and related special tooling and test equip-
ment essential to the production, repair, mainte-
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nance, or operation of biological, chemical, and radi-
ological security program applications or other items 
of equipment identified by the Secretary as being es-
sential to the execution of a pandemic response 
strategy of the United States. 
(2) CRITICAL TECHNOLOGY.—The term ‘‘crit-
ical technology’’ includes any technology designated 
by the Secretary to be essential to the execution of 
a pandemic response strategy of the United States. 
(3) CRITICAL TECHNOLOGY ITEM.—The term 
‘‘critical technology item’’ means materials directly 
employing, derived from, or utilizing a critical tech-
nology. 
(4) DOMESTIC
INDUSTRIAL
BASE.—The term 
‘‘domestic industrial base’’ means domestic sources 
which are providing, or which would be reasonably 
expected to provide, materials or services to meet 
national pandemic response requirements during 
peacetime or national emergency. 
(5) DOMESTIC SOURCE.—The term ‘‘domestic 
source’’ means a business concern— 
(A) that performs in the United States 
substantially all of the research and develop-
ment, engineering, manufacturing, and produc-
tion activities required of such business concern 
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under a contract with the United States relat-
ing to a critical component or a critical tech-
nology item; and 
(B) that procures from business concerns 
described in subparagraph (A) substantially all 
of any components and assemblies required 
under a contract with the United States relat-
ing to a critical component or critical tech-
nology item. 
(6) FACILITIES.—The term ‘‘facilities’’ includes 
all types of buildings, structures, or other improve-
ments to real property (but excluding farms, church-
es or other places of worship, and private dwelling 
houses), and services relating to the use of any such 
building, structure, or other improvement. 
(7) INDUSTRIAL RESOURCES.—The term ‘‘in-
dustrial resources’’ means materials, services, proc-
esses, or manufacturing equipment (including the 
processes, technologies, and ancillary services for the 
use of such equipment) needed to establish or main-
tain an efficient and modern national pandemic re-
sponse industrial base. 
(8) MATERIALS.—The term ‘‘materials’’ in-
cludes— 
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(A) any raw materials (including minerals, 
metals, and advanced processed materials), 
commodities, articles, components (including 
critical components), products, and items of 
supply; and 
(B) any technical information or services 
ancillary to the use of any such materials, com-
modities, articles, components, products, or 
items. 
(9) PANDEMIC RESPONSE STRATEGY OF THE 
UNITED STATES.—The Secretary shall defined the 
term ‘‘pandemic response strategy of the United 
States’’. 
(10) PERSON.—The term ‘‘person’’ includes an 
individual, corporation, partnership, association, or 
any other organized group of persons, or legal suc-
cessor or representative thereof, or any State or 
local government or agency thereof. 
(11) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Health and Human Services. 
(12) SERVICES.—The term ‘‘services’’ includes 
any effort that is needed for or incidental to— 
(A) the development, production, proc-
essing, distribution, delivery, or use of an indus-
trial resource or a critical technology item; 
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(B) the construction of facilities; or 
(C) the movement of individuals and prop-
erty by all modes of civil transportation. 
Æ 
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