Title: Made in America Emergency Preparedness Act
Policy area: Government Operations and Politics

Summary:
Made in America Emergency Preparedness Act
This bill establishes in the legislative branch a National Commission on United States Preparedness for National Emergencies.
Not later than 18 months after this bill's enactment, the commission shall report to the President and Congress regarding (1) which medical, pharmaceutical, and emergency preparedness products are determined to be essential; and (2) actions states should take to be better prepared, national federal stockpile requirements, and national surge capacity infrastructure deficiencies in hospitals and medical centers.
States that fail to implement the findings of the commission's report by January 1, 2025, at the state and local level, will lose access to all federal funds for emergency preparedness unless the Department of Homeland Security exempts a state determined to be working to implement such findings in good faith.
The bill (1) requires certain medical, pharmaceutical, and emergency preparedness products integral to the response to a national emergency to be manufactured and procured within the United States; and (2) provides for a temporary 100% expensing for firms that incur costs associated with pharmaceutical or medical device manufacturing within the United States, including personal protective equipment and other necessary items.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6431 Introduced in House (IH)]

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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 
 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.

    Be it enacted by the Senate and House of Representatives 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:

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 
response 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 States 
if procured by the Department of Defense, the Department of Homeland 
Security, the Department of Health and Human Services, the Centers for 
Disease Control, or the National Institutes of Health.
    (b) Requirement for the Procurement of American-Made Products 
During a National Emergency.--Except as provided in subsection (c), any 
product, material, ingredient, or equipment that is essential, as 
determined by the National Commission on United States Preparedness for 
National Emergencies, in the response 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 manufactured by American-owned entities unless 
specifically authorized 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 
requirements in such subsections as the President or Commission 
determines it to be necessary for national security.
    (d) Applicability.--The requirements of this section apply on and 
after January 1, 2025, and apply to any contract entered into on or 
after such date.

    TITLE II--NATIONAL COMMISSION ON UNITED STATES PREPAREDNESS FOR 
                          NATIONAL EMERGENCIES

SEC. 201. ESTABLISHMENT OF COMMISSION.

    There is established in the legislative branch the National 
Commission on United States Preparedness for National Emergencies (in 
this title referred to as the ``Commission'').

SEC. 202. PURPOSES.

    The purposes of the Commission are to--
            (1) examine and report upon the facts and actions taken 
        relating to the COVID-19 pandemic in the United States in 2020 
        and private sector response;
            (2) investigate and report to the President and Congress on 
        its findings, conclusions, and recommendations for measures 
        that can be taken to mitigate impacts of future physical and 
        medical national disasters;
            (3) determine products, materials, ingredients, or 
        equipment that is essential in the response to a declaration of 
        a national emergency and to determine surge capacity for both 
        physical and medical national disasters;
            (4) give special attention to the need for or existence of 
        national Federal stockpile requirements and national surge 
        capacity; and
            (5) report on infrastructure deficiencies or capability 
        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 President, who shall 
        serve as chairman of the Commission;
            (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 consultation 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 
        chairman of the Commission;
            (3) 2 members shall be appointed by the senior member of 
        the Senate leadership of the Democratic Party;
            (4) 2 members shall be appointed by the senior member of 
        the leadership of the House of Representatives 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 Representatives 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 individual 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 Commission should be prominent 
        United States citizens, with national recognition and 
        significant depth of experience in such professions as health, 
        manufacturing, agriculture, emergency planning, governmental 
        service, law enforcement, the Armed Services, law, public 
        administration, commerce, and disaster 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 Commission shall constitute a quorum. Any vacancy in 
the Commission 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 recommendations to the 
President on what resources are necessarily 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 Commission or, on the 
        authority of the Commission, any subcommittee or member 
        thereof, may, for the purpose of carrying out this title--
                    (A) hold such hearings and sit and act at such 
                times and places, take such testimony, receive 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, memoranda, papers, and 
                documents, as the Commission or such designated 
                subcommittee or designated 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 chairman or by a member 
                        designated by a majority of the Commission.
                    (B) Enforcement.--
                            (i) In general.--In the case of contumacy 
                        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 subpoena is returnable, may 
                        issue an order requiring such person to appear 
                        at any designated place to testify or to 
                        produce documentary or other evidence. Any 
                        failure to obey the order of the court may be 
                        punished 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 
                        constituting such failure to the appropriate 
                        United States attorney, who may bring the 
                        matter before the grand jury for its action, 
                        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 appropriation 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 authorized to secure 
        directly from any executive department, bureau, agency, board, 
        commission, office, independent establishment, or 
        instrumentality of the Government, information, suggestions, 
        estimates, and statistics for the purposes of this title. Each 
        department, bureau, agency, board, commission, office, 
        independent establishment, or instrumentality shall, to the 
        extent authorized by law, furnish such information, 
        suggestions, estimates, and statistics directly to the 
        Commission, upon request made by the chairman, the chairman of 
        any subcommittee created by a majority of the Commission, or 
        any member designated by a majority of the Commission.
            (2) Receipt, handling, storage, and dissemination.--
        Information shall only be received, handled, stored, and 
        disseminated by members of the Commission and its staff 
        consistent with all applicable 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 administrative support and other services 
        for the performance 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.

SEC. 206. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE 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 extent 
        appropriate; and
            (2) release public versions of the reports required 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 Commission, 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 provisions 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 
        Executive 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 purposes of chapters 63, 81, 83, 84, 85, 87, 
                89, and 90 of that title.
                    (B) Members of commission.--Subparagraph (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 employment without interruption.
    (c) Consultant Services.--The Commission is authorized to procure 
the services of experts and consultants in accordance with section 3109 
of title 5, United States Code, but at rates not to exceed the daily 
rate paid a person 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 Commission may be compensated 
at not to exceed the daily equivalent 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 Commission shall be allowed travel expenses, including per diem 
in lieu of subsistence, in the same manner as persons employed 
intermittently in the Government service are allowed expenses under 
section 5703(b) of title 5, United States Code.

SEC. 209. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.

    The appropriate Federal agencies or departments shall cooperate 
with the Commission in expeditiously providing to the Commission 
members and staff appropriate security clearances to the extent 
possible pursuant to existing procedures and requirements, except that 
no person shall be provided with access to classified information under 
this title without the appropriate security clearances.

SEC. 210. REPORTS OF COMMISSION; TERMINATION.

    (a) Interim Reports.--The Commission may submit to the President 
and Congress interim reports containing such findings, conclusions, and 
recommendations for corrective measures as have been agreed to by a 
majority 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 
recommendations 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 regarding which 
medical, pharmaceutical, and emergency preparedness products are 
determined to be essential for purposes of section 101(b).
    (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 prepared;
            (2) national Federal stockpile requirements; and
            (3) national surge capacity infrastructure deficiencies 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 termination.--The 
        Commission may use the 60-day period referred to in paragraph 
        (1) for the purpose of concluding its activities, including 
        providing testimony to committees of Congress concerning its 
        reports and disseminating the final report.

       TITLE III--STATE IMPLEMENTATION OF FINDINGS BY COMMISSION

SEC. 301. STATE IMPLEMENTATION OF FINDINGS.

    (a) Loss of Federal Funding.--Except as provided 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 access 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 findings in good faith. The Secretary shall evaluate each such 
exemption every fiscal year.

     TITLE IV--TEMPORARY 100 PERCENT EXPENSING FOR QUALIFYING 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 manufacturing property which is placed in service after 
December 31, 2019, and before January 1, 2026--
            (1) such property shall be treated as qualified property 
        (within the meaning of such section),
            (2) the applicable percentage otherwise determined under 
        section 168(k) of such Code with respect 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 medical 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 manufacture of drugs (as 
defined in section 201(g) of the Federal 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.
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