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-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Made in America 
Emergency Preparedness Act’’. 
SEC. 2. TABLE OF CONTENTS. 
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. 
TITLE I—PROCUREMENT WITHIN 
THE UNITED STATES REQUIRED 
SEC. 101. PROCUREMENT REQUIREMENTS. 
(a) GENERAL PROCUREMENT REQUIREMENTS FOR 
DOD, DHS, HHS, AND CDC.—Except as provided in 
subsection (c), any medical, pharmaceutical, or emergency 
preparedness product, determined to be integral to the re-
sponse to a national emergency declared by the President 
under the National Emergencies Act (50 U.S.C. 1601 et 
seq.), as determined by the National Commission on 
United States Preparedness for National Emergencies 
shall be manufactured and procured within the United 
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States if procured by the Department of Defense, the De-
partment of Homeland Security, the Department of 
Health and Human Services, the Centers for Disease Con-
trol, or the National Institutes of Health. 
(b) REQUIREMENT
FOR
THE PROCUREMENT
OF 
AMERICAN-MADE PRODUCTS DURING A NATIONAL EMER-
GENCY.—Except as provided in subsection (c), any prod-
uct, material, ingredient, or equipment that is essential, 
as determined by the National Commission on United 
States Preparedness for National Emergencies, in the re-
sponse to a declaration of a national emergency declared 
by the President under the National Emergencies Act (50 
U.S.C. 1601 et seq.) with a specific focus on medical, 
pharmaceutical, or emergency preparedness product, as 
determined by the National Commission on United States 
Preparedness for National Emergencies shall be manufac-
tured by American-owned entities unless specifically au-
thorized by the President after the declaration. 
(c) EXCEPTION.—Notwithstanding subsections (a) 
and (b), the President or the National Commission on 
United States Preparedness for National Emergencies 
may exempt certain goods or entities from the require-
ments in such subsections as the President or Commission 
determines it to be necessary for national security. 
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(d) APPLICABILITY.—The requirements of this sec-
tion apply on and after January 1, 2025, and apply to 
any contract entered into on or after such date. 
TITLE 
II—NATIONAL 
COMMIS-
SION 
ON 
UNITED 
STATES 
PREPAREDNESS 
FOR 
NA-
TIONAL EMERGENCIES 
SEC. 201. ESTABLISHMENT OF COMMISSION. 
There is established in the legislative branch the Na-
tional Commission on United States Preparedness for Na-
tional Emergencies (in this title referred to as the ‘‘Com-
mission’’). 
SEC. 202. PURPOSES. 
The purposes of the Commission are to— 
(1) examine and report upon the facts and ac-
tions taken relating to the COVID–19 pandemic in 
the United States in 2020 and private sector re-
sponse; 
(2) investigate and report to the President and 
Congress on its findings, conclusions, and rec-
ommendations for measures that can be taken to 
mitigate impacts of future physical and medical na-
tional disasters; 
(3) determine products, materials, ingredients, 
or equipment that is essential in the response to a 
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declaration of a national emergency and to deter-
mine surge capacity for both physical and medical 
national disasters; 
(4) give special attention to the need for or ex-
istence of national Federal stockpile requirements 
and national surge capacity; and 
(5) report on infrastructure deficiencies or ca-
pability deficiencies in hospitals and medical centers. 
SEC. 203. COMPOSITION OF COMMISSION. 
(a) MEMBERS.—The Commission shall be composed 
of 10 members, of whom— 
(1) 1 member shall be appointed by the Presi-
dent, who shall serve as chairman of the Commis-
sion; 
(2) 1 member shall be appointed by the leader 
of the Senate (majority or minority leader, as the 
case may be) of the Democratic Party, in consulta-
tion with the leader of the House of Representatives 
(majority or minority leader, as the case may be) of 
the Democratic Party, who shall serve as vice chair-
man of the Commission; 
(3) 2 members shall be appointed by the senior 
member of the Senate leadership of the Democratic 
Party; 
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(4) 2 members shall be appointed by the senior 
member of the leadership of the House of Represent-
atives of the Republican Party; 
(5) 2 members shall be appointed by the senior 
member of the Senate leadership of the Republican 
Party; and 
(6) 2 members shall be appointed by the senior 
member of the leadership of the House of Represent-
atives of the Democratic Party. 
(b) QUALIFICATIONS; INITIAL MEETING.— 
(1) POLITICAL PARTY AFFILIATION.—Not more 
than 5 members of the Commission shall be from 
the same political party. 
(2) NONGOVERNMENTAL APPOINTEES.—An in-
dividual appointed to the Commission may not be an 
officer or employee of the Federal Government or 
any State or local government. 
(3) OTHER QUALIFICATIONS.—It is the sense of 
Congress that individuals appointed to the Commis-
sion should be prominent United States citizens, 
with national recognition and significant depth of ex-
perience in such professions as health, manufac-
turing, agriculture, emergency planning, govern-
mental service, law enforcement, the Armed Serv-
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ices, law, public administration, commerce, and dis-
aster relief. 
(4) INITIAL MEETING.—The Commission shall 
meet and begin the operations of the Commission as 
soon as practicable. 
(c) QUORUM; VACANCIES.—After its initial meeting, 
the Commission shall meet upon the call of the chairman 
or a majority of its members. Six members of the Commis-
sion shall constitute a quorum. Any vacancy in the Com-
mission shall not affect its powers, but shall be filled in 
the same manner in which the original appointment was 
made. 
SEC. 204. FUNCTIONS OF COMMISSION. 
The functions of the Commission are to make rec-
ommendations to the President on what resources are nec-
essarily to properly address a wide range of physical and 
health national disasters. 
SEC. 205. POWERS OF COMMISSION. 
(a) IN GENERAL.— 
(1) HEARINGS AND EVIDENCE.—The Commis-
sion or, on the authority of the Commission, any 
subcommittee or member thereof, may, for the pur-
pose of carrying out this title— 
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(A) hold such hearings and sit and act at 
such times and places, take such testimony, re-
ceive such evidence, administer such oaths; and 
(B) subject to paragraph (2)(A), require, 
by subpoena or otherwise, the attendance and 
testimony of such witnesses and the production 
of such books, records, correspondence, memo-
randa, papers, and documents, as the Commis-
sion or such designated subcommittee or des-
ignated member may determine advisable. 
(2) SUBPOENAS.— 
(A) ISSUANCE.— 
(i) IN GENERAL.—A subpoena may be 
issued under this subsection only— 
(I) by the agreement of the 
chairman and the vice chairman; or 
(II) by the affirmative vote of 6 
members of the Commission. 
(ii) SIGNATURE.—Subject to clause 
(i), subpoenas issued under this subsection 
may be issued under the signature of the 
chairman or any member designated by a 
majority of the Commission, and may be 
served by any person designated by the 
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chairman or by a member designated by a 
majority of the Commission. 
(B) ENFORCEMENT.— 
(i) IN GENERAL.—In the case of con-
tumacy or failure to obey a subpoena 
issued under subsection (a), the United 
States district court for the judicial district 
in which the subpoenaed person resides, is 
served, or may be found, or where the sub-
poena is returnable, may issue an order re-
quiring such person to appear at any des-
ignated place to testify or to produce docu-
mentary or other evidence. Any failure to 
obey the order of the court may be pun-
ished by the court as a contempt of that 
court. 
(ii) ADDITIONAL ENFORCEMENT.—In 
the case of any failure of any witness to 
comply with any subpoena or to testify 
when summoned under authority of this 
section, the Commission may, by majority 
vote, certify a statement of fact consti-
tuting such failure to the appropriate 
United States attorney, who may bring the 
matter before the grand jury for its action, 
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under the same statutory authority and 
procedures as if the United States attorney 
had received a certification under sections 
102 through 104 of the Revised Statutes 
of the United States (2 U.S.C. 192 
through 194). 
(b) CONTRACTING.—The Commission may, to such 
extent and in such amounts as are provided in appropria-
tion Acts, enter into contracts to enable the Commission 
to discharge its duties under this title. 
(c) INFORMATION FROM FEDERAL AGENCIES.— 
(1) IN GENERAL.—The Commission is author-
ized to secure directly from any executive depart-
ment, bureau, agency, board, commission, office, 
independent establishment, or instrumentality of the 
Government, information, suggestions, estimates, 
and statistics for the purposes of this title. Each de-
partment, bureau, agency, board, commission, office, 
independent establishment, or instrumentality shall, 
to the extent authorized by law, furnish such infor-
mation, suggestions, estimates, and statistics di-
rectly to the Commission, upon request made by the 
chairman, the chairman of any subcommittee cre-
ated by a majority of the Commission, or any mem-
ber designated by a majority of the Commission. 
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(2) RECEIPT, HANDLING, STORAGE, AND DIS-
SEMINATION.—Information shall only be received, 
handled, stored, and disseminated by members of 
the Commission and its staff consistent with all ap-
plicable statutes, regulations, and Executive orders. 
(d) ASSISTANCE FROM FEDERAL AGENCIES.— 
(1) GENERAL
SERVICES
ADMINISTRATION.— 
The Administrator of General Services shall provide 
to the Commission on a reimbursable basis adminis-
trative support and other services for the perform-
ance of the Commission’s functions. 
(2) OTHER DEPARTMENTS AND AGENCIES.—In 
addition to the assistance prescribed in paragraph 
(1), departments and agencies of the United States 
may provide to the Commission such services, funds, 
facilities, staff, and other support services as they 
may determine advisable and as may be authorized 
by law. 
(e) GIFTS.—The Commission may accept, use, and 
dispose of gifts or donations of services or property. 
(f) POSTAL SERVICES.—The Commission may use 
the United States mails in the same manner and under 
the same conditions as departments and agencies of the 
United States. 
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SEC. 206. NONAPPLICABILITY OF FEDERAL ADVISORY COM-
MITTEE ACT. 
(a) IN GENERAL.—The Federal Advisory Committee 
Act (5 U.S.C. App.) shall not apply to the Commission. 
(b) PUBLIC MEETINGS AND RELEASE OF PUBLIC 
VERSIONS OF REPORTS.—The Commission shall— 
(1) hold public hearings and meetings to the ex-
tent appropriate; and 
(2) release public versions of the reports re-
quired under section 310(a) and (b). 
(c) PUBLIC HEARINGS.—Any public hearings of the 
Commission shall be conducted in a manner consistent 
with the protection of information provided to or developed 
for or by the Commission as required by any applicable 
statute, regulation, or Executive order. 
SEC. 207. STAFF OF COMMISSION. 
(a) IN GENERAL.— 
(1) APPOINTMENT AND COMPENSATION.—The 
chairman, in consultation with the vice chairman, in 
accordance with rules agreed upon by the Commis-
sion, may appoint and fix the compensation of a 
staff director and such other personnel as may be 
necessary to enable the Commission to carry out its 
functions, without regard to the provisions of title 5, 
United States Code, governing appointments in the 
competitive service, and without regard to the provi-
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sions of chapter 51 and subchapter III of chapter 53 
of such title relating to classification and General 
Schedule pay rates, except that no rate of pay fixed 
under this subsection may exceed the equivalent of 
that payable for a position at level V of the Execu-
tive Schedule under section 5316 of title 5, United 
States Code. 
(2) PERSONNEL AS FEDERAL EMPLOYEES.— 
(A) IN GENERAL.—The executive director 
and any personnel of the Commission who are 
employees shall be employees under section 
2105 of title 5, United States Code, for pur-
poses of chapters 63, 81, 83, 84, 85, 87, 89, 
and 90 of that title. 
(B) MEMBERS OF COMMISSION.—Subpara-
graph (A) shall not be construed to apply to 
members of the Commission. 
(b) DETAILEES.—Any Federal Government employee 
may be detailed to the Commission without reimbursement 
from the Commission, and such detailee shall retain the 
rights, status, and privileges of his or her regular employ-
ment without interruption. 
(c) CONSULTANT SERVICES.—The Commission is au-
thorized to procure the services of experts and consultants 
in accordance with section 3109 of title 5, United States 
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Code, but at rates not to exceed the daily rate paid a per-
son occupying a position at level IV of the Executive 
Schedule under section 5315 of title 5, United States 
Code. 
SEC. 208. COMPENSATION AND TRAVEL EXPENSES. 
(a) COMPENSATION.—Each member of the Commis-
sion may be compensated at not to exceed the daily equiva-
lent of the annual rate of basic pay in effect for a position 
at level IV of the Executive Schedule under section 5315 
of title 5, United States Code, for each day during which 
that member is engaged in the actual performance of the 
duties of the Commission. 
(b) TRAVEL EXPENSES.—While away from their 
homes or regular places of business in the performance 
of services for the Commission, members of the Commis-
sion shall be allowed travel expenses, including per diem 
in lieu of subsistence, in the same manner as persons em-
ployed intermittently in the Government service are al-
lowed expenses under section 5703(b) of title 5, United 
States Code. 
SEC. 209. SECURITY CLEARANCES FOR COMMISSION MEM-
BERS AND STAFF. 
The appropriate Federal agencies or departments 
shall cooperate with the Commission in expeditiously pro-
viding to the Commission members and staff appropriate 
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security clearances to the extent possible pursuant to ex-
isting procedures and requirements, except that no person 
shall be provided with access to classified information 
under this title without the appropriate security clear-
ances. 
SEC. 210. REPORTS OF COMMISSION; TERMINATION. 
(a) INTERIM REPORTS.—The Commission may sub-
mit to the President and Congress interim reports con-
taining such findings, conclusions, and recommendations 
for corrective measures as have been agreed to by a major-
ity of Commission members. 
(b) FINAL REPORT.—Not later than 18 months after 
the date of the enactment of this Act, the Commission 
shall submit to the President and Congress a final report 
containing such findings, conclusions, and recommenda-
tions for corrective measures as have been agreed to by 
a majority of Commission members. 
(c) REPORT ON ESSENTIAL PRODUCTS, MATERIALS, 
INGREDIENTS, AND EQUIPMENT REQUIRED.—Not later 
than 18 months after the date of the enactment of this 
Act, the Commission shall submit to the President and 
Congress a report on the findings of the Commission re-
garding which medical, pharmaceutical, and emergency 
preparedness products are determined to be essential for 
purposes of section 101(b). 
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(d) REPORT ON STATE ACTIONS.—Not later than 18 
months after the date of the enactment of this Act, the 
Commission shall submit to the President and Congress 
a report on— 
(1) actions States should take to be better pre-
pared; 
(2) national Federal stockpile requirements; 
and 
(3) national surge capacity infrastructure defi-
ciencies in hospitals and medical centers. 
(e) TERMINATION.— 
(1) IN GENERAL.—The Commission, and all the 
authorities of this title, shall terminate 60 days after 
the date on which the final report is submitted 
under subsection (b). 
(2) ADMINISTRATIVE ACTIVITIES BEFORE TER-
MINATION.—The Commission may use the 60-day 
period referred to in paragraph (1) for the purpose 
of concluding its activities, including providing testi-
mony to committees of Congress concerning its re-
ports and disseminating the final report. 
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TITLE III—STATE IMPLEMENTA-
TION OF FINDINGS BY COM-
MISSION 
SEC. 301. STATE IMPLEMENTATION OF FINDINGS. 
(a) LOSS OF FEDERAL FUNDING.—Except as pro-
vided in subsection (b), any State that fails to implement 
the findings of the report described in section 310(d) by 
January 1, 2025, at the State and local level will lose ac-
cess to all Federal funds for emergency preparedness. 
(b) EXEMPTION.—Notwithstanding subsection (a), 
the Secretary of Homeland Security may exempt a State 
from the loss of Federal funds if the Secretary determines 
that the State is working towards implementing the find-
ings in good faith. The Secretary shall evaluate each such 
exemption every fiscal year. 
TITLE IV—TEMPORARY 100 PER-
CENT EXPENSING FOR QUALI-
FYING GOODS 
SEC. 401. SPECIAL ALLOWANCE FOR CERTAIN PROPERTY. 
(a) IN GENERAL.—For purposes of section 168(k) of 
the Internal Revenue Code of 1986, in the case of any 
qualified pharmaceutical and medical device manufac-
turing property which is placed in service after December 
31, 2019, and before January 1, 2026— 
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(1) such property shall be treated as qualified 
property (within the meaning of such section), 
(2) the applicable percentage otherwise deter-
mined under section 168(k) of such Code with re-
spect to such property shall be 100 percent, and 
(3) paragraph (8) of such section shall not 
apply. 
(b) QUALIFIED PHARMACEUTICAL
AND MEDICAL 
DEVICE MANUFACTURING PROPERTY.—For purposes of 
this section, the term ‘‘qualified pharmaceutical and med-
ical device manufacturing property’’ means any tangible 
property placed in service in the United States as part 
of the construction or expansion of property for the manu-
facture of drugs (as defined in section 201(g) of the Fed-
eral Food, Drug, and Cosmetic Act (21 U.S.C. 321(g))) 
or medical devices (as defined in section 201(h) of such 
Act (21 U.S.C. 321(h)), including personal protective 
equipment and any other item determined by the National 
Commission on United States Preparedness for National 
Emergencies to be necessary. 
Æ 
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