of a national pandemic emergency, includ-
ing 30-, 60-, and 90-day demand projec-
tions; 
‘‘(ii) require the data repository de-
scribed in clause (i) to track inventory and 
productive capacity to meet national crit-
ical nonpharmaceutical material needs, in-
cluding 30-, 60-, and 90-day inventory and 
productive capacity forecasts; and 
‘‘(iii) develop, publish, implement, and 
maintain a stakeholder engagement plan, 
including ensuring that the Federal Emer-
gency Management Agency shall consult 
with private-sector representatives and re-
gional and local public health and emer-
gency management organizations to coordi-
nate data collection, in accordance with ap-
plicable privacy or other data collection 
and storage regulations or statutes. 
‘‘(B) 
NONPUBLIC
INFORMATION.—The 
data repository developed under subparagraph 
(A) shall not be public. 
‘‘(C) PUBLIC
INFORMATION.—The Office 
shall make available summary information of 
the data repository in a public format. 
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‘‘(D) CONSULTATION.—In developing the 
data repository and stakeholder engagement 
plan under subparagraph (A), the Associate Ad-
ministrator shall consult with ASPR to avoid 
duplication and to encourage coordinated data 
collection and use. 
‘‘(E) REPORT
TO
CONGRESS.—Annually, 
the Associate Administrator shall submit to 
Congress, and make public, a report that in-
cludes a list of agencies or entities in compli-
ance and noncompliance with data collection ef-
forts necessary for the data repository devel-
oped under subparagraph (A). 
‘‘(2) ASSOCIATE
ADMINISTRATOR.—The Asso-
ciate Administrator of the Office of Pandemic Pre-
paredness and Response shall convene exercises not 
less than biennially with stakeholders (including sen-
ior representatives of the Food and Drug Adminis-
tration, the Department of Homeland Security, the 
Centers for Disease Control and Prevention, the De-
partment of Health and Human Services (except the 
Assistant Secretary of Health and Human Services 
for Preparedness and Response), the National Insti-
tute of Health, the Veterans Affairs Administration, 
the Department of Defense, the Indian Health Serv-
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ice, and the United States intelligence community) 
determined by the Associate Administrator to be es-
sential to the pandemic response to ensure the agen-
cy’s readiness to procure, distribute, and track crit-
ical nonpharmaceutical materials during a public 
health emergency.’’. 
SEC. 5. PLANNING TO MEET CRITICAL SUPPLY NEEDS. 
(a) IN GENERAL.—The Associate Administrator of 
the Office of Pandemic Preparedness and Response of the 
Federal Emergency Management Agency, in coordination 
with the Assistant Secretary of Health and Human Serv-
ices for Preparedness and Response, shall develop a com-
panion strategy to accompany the National Health Secu-
rity Strategy under section 2802 of the Public Health 
Service Act (42 U.S.C. 300hh–1) in order to ensure the 
availability of critical nonpharmaceutical supplies and the 
ability to distribute such supplies during a public health 
emergency that triggers the protocols under section 3 of 
this Act. 
(b) CONTENTS.—The companion strategy under sub-
section (a) shall— 
(1) include an assessment of critical non-
pharmaceutical materials, particularly personal pro-
tective equipment and other ancillary medical sup-
plies, needed during a pandemic; 
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(2) take into account the best available science; 
(3) consider different responses to differing lev-
els of severity of a public health emergency, based 
on input from stakeholders, as well as from external 
sources, including the National Academies, academic 
sources, State, Tribal, territorial, and local govern-
ments, and the private sector; 
(4) evaluate the reliability and security of sup-
pliers necessary to ensure the production, procure-
ment, and distribution of critical nonpharmaceutical 
materials, including considering— 
(A) supplier diversity, country of origin, 
supply chain stability, and cybersecurity risk to 
distribution and to production facilities; 
(B) priority to domestic sources of supply; 
and 
(C) how to maximize the use of materials 
produced in the United States in accordance 
with section 3 of this Act; and 
(5) include strategies for last mile distribution 
to ensure supplies get into the possession of end 
users. 
(c) PUBLICATION.—Not later than 1 year after the 
date of enactment of this Act, the Associate Administrator 
shall submit to the relevant committees of jurisdiction of 
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the House of Representatives and the Senate and publish 
publicly in unclassified and classified (if necessary) 
versions. 
(d) UPDATE.—The Associate Administrator, in con-
sultation with stakeholders shall update the companion 
strategy under subsection (a) not less often than every 5 
years. 
(e) STAKEHOLDERS DEFINED.—In this section, the 
term ‘‘stakeholders’’ means senior representatives of the 
Food and Drug Administration, the Department of Home-
land Security, the Centers for Disease Control and Pre-
vention, the Department of Health and Human Services 
(except the Assistant Secretary of Health and Human 
Services for Preparedness and Response), the National In-
stitute of Health, the Veterans Affairs Administration, the 
Department of Defense, the Indian Health Service, and 
the United States intelligence community. 
SEC. 6. PLANNING FOR PRODUCTION. 
Section 319C–2(b)(1) of the Public Health Service 
Act (42 U.S.C. 247d–3b) is amended— 
(1) in subparagraph (A)(iv) by striking ‘‘; and’’ 
and inserting a semicolon; 
(2) in subparagraph (B) by striking ‘‘; or’’ and 
inserting ‘‘; and’’; and 
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(3) by inserting after subparagraph (B) the fol-
lowing: 
‘‘(C) prepare a plan and be capable of co-
ordinating inventory management activities dur-
ing a national public health emergency with 
State and Federal officials; or’’. 
SEC. 7. PRESERVING PRODUCTIVE CAPACITY. 
(a) IN GENERAL.—Section 2533a(b) of title 10, 
United States Code, is amended by adding at the end the 
following: 
‘‘(5) Critical nonpharmaceutical materials iden-
tified under section 206 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act.’’. 
(b) VETERANS ADMINISTRATION.— 
(1) COVERED PURCHASES.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), any covered item purchased by the 
Secretary of the Department of Veterans Af-
fairs shall be from the United States. For pur-
poses of this subsection, ‘‘from the United 
States’’ means that 100 percent of a product is 
grown, reprocessed, reused, or produced in the 
United States. 
(B) EXCEPTIONS.—Notwithstanding sub-
paragraph (A), the Secretary may waive the re-
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quirements of such subparagraph if the Sec-
retary determines that satisfactory quality and 
sufficient quantity of any such covered item 
from the United States cannot be procured as 
and when needed at United States market 
prices. This subsection shall not apply to cov-
ered items that are or that include materials 
determined to be non-available in accordance 
with section 25.104 of title 48 of the Federal 
Acquisition Regulation. 
(2) EXCEPTION
FOR
SMALL
PURCHASES.— 
Paragraph (1) shall not apply to purchases for 
amounts not greater than $150,000. A proposed 
purchase or contract for an amount greater than 
$150,000 may not be divided into several purchases 
or contracts for lesser amounts in order to qualify 
for this exception. 
(3) APPLICABILITY.—The requirements of this 
subsection shall apply with respect to a purchase of 
a covered item made pursuant to paragraph (1) on 
or after the date of the enactment of this Act. 
(4) DEFINITION OF COVERED ITEM.—In this 
subsection, the term ‘‘covered item’’ means a critical 
nonpharmaceutical material identified under section 
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206 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act. 
(c) WAIVER OF CERTAIN REQUIREMENTS.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Assistant Secretary of Health 
and Human Services for Preparedness and Response 
may waive the requirements of section 2533a(b)(5). 
(2) REGULATIONS.—The Assistant Secretary of 
Health and Human Services for Preparedness and 
Response shall issue such regulations as are nec-
essary to implement paragraph (1). 
(3) CONTENTS.—In issuing regulations under 
paragraph (2), the Assistant Secretary of Health 
and Human Services for Preparedness and Response 
shall take into account— 
(A) that American-made products shall be 
prioritized in purchasing; 
(B) that the prices to be paid should not 
be generally within historic norms or in line 
with current market prices; 
(C) that when sourcing from foreign coun-
tries is necessary, priority should be given to 
countries with reliable supply chains and long-
standing relationships with the United States; 
and 
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(D) that waivers to purchase foreign-pro-
duced goods may be authorized when American- 
produced goods are not available in sufficient 
quantities, at reasonable prices, and at satisfac-
tory quality. 
SEC. 8. EXPANDING PRODUCTIVE CAPACITY AND RESIL-
IENCE. 
(a) PRODUCTIVE CAPACITY GRANTS AND TECHNICAL 
ASSISTANCE.— 
(1) IN GENERAL.—The Director of the National 
Institute of Standards and Technology, in consulta-
tion with the Manufacturing Extension Partnership, 
shall establish a program to provide grants and tech-
nical assistance to qualified United States manufac-
turers that can demonstrate current capacity or fu-
ture capacity to produce critical nonpharmaceutical 
materials identified under section 206 of the Robert 
T. Stafford Disaster Relief and Emergency Assist-
ance Act that are designated by the Assistant Sec-
retary of Health and Human Services for Prepared-
ness and Response as unable to be sourced in suffi-
cient and reasonably available commercial quantities 
and of a satisfactory quality in the United States. 
(2) APPLICATION.—To be eligible to receive a 
grant or technical assistance under this subsection, 
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qualified United States manufacturers shall submit 
to the Director an application at such time, in such 
manner, and containing such information as the Di-
rector may require. 
(3) AWARENESS CAMPAIGNS.—In carrying out 
this subsection, Manufacturing Extension Partner-
ship programs shall conduct awareness campaigns in 
economically distressed areas, including qualified op-
portunity zones (as such term is defined in section 
1400Z–1 of the Internal Revenue Code of 1986). 
(4) REQUIREMENT.—In selecting grant recipi-
ents and providing technical assistance under this 
subsection, the Director shall provide not less than 
40 percent of funds made available to carry out this 
section to economically distressed areas, including 
qualified opportunity zones (as such term is defined 
in section 1400Z–1 of the Internal Revenue Code of 
1986). 
(5) PRIORITIZATION.—In selecting grant recipi-
ents and providing technical assistance under this 
subsection, the Director shall prioritize recipients 
based on such recipient’s ability to address shortfalls 
in the strategy developed under section 5. 
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(6) ELIGIBLE USES.—A grant provided under 
this subsection may be used for capital investments 
and labor. 
(7) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to carry out this subsection 
$100,000,000 for each of fiscal years 2021 through 
2026. 
(b) AT-HOME EQUIPMENT GRANTS.— 
(1) IN GENERAL.—The Director of the National 
Institute of Standards and Technology shall estab-
lish a program to provide grants to support the de-
velopment of plans and educational materials to as-
sist the United States public in making temporary 
masks or other equipment as determined appropriate 
by the Director, at home. 
(2) APPLICATION.—To be eligible to receive a 
grant under this subsection, an entity shall submit 
an application to the Director at such time, in such 
manner, and containing such information as the Di-
rector may require. 
(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to carry out this subsection 
$25,000,000 for each of fiscal years 2021 through 
2026. 
Æ 
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