,i #aafth ,,congress #b;d ,session ,h4 ,r4 #fdca ,,in ,,the ,,house ,,of ,,representatives ,april #c1 #bjbj ,mr4 ,fitzpatrick 7for himself1 ,mr4 ,brindisi1 ,mr4 ,reed1 ,mr4 ,gottheimer1 ,mr4 ,hurd of ,texas1 ,mr4 ,suozzi1 and ,mr4 ,phillips7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure1 and in addition to the ,committees on ,ways and ,means1 ,oversight and ,reform1 ,homeland ,security1 ,energy and ,commerce1 and ,armed ,services1 for a period to be subsequently determined by the ,speaker1 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 emergencies1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,made in ,america ,emergency ,preparedness ,act4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,table of contents4 ,title ,i--,procurement within the ,united ,states required ,sec4 #aja4 ,procurement requirements4 ,title ,,ii--,national ,commission on ,united ,states ,preparedness for ,national ,emergencies ,sec4 #bja4 ,establishment of ,commission4 ,sec4 #bjb4 ,purposes4 ,sec4 #bjc4 ,composition of ,commission4 ,sec4 #bjd4 ,functions of ,commission4 ,sec4 #bje4 ,powers of ,commission4 ,sec4 #bjf4 ,nonapplicability of ,federal ,advisory ,committee ,act4 ,sec4 #bjg4 ,staff of ,commission4 ,sec4 #bjh4 ,compensation and travel expenses4 ,sec4 #bji4 ,security clearances for ,commission members and staff4 ,sec4 #baj4 ,reports of ,commission2 termination4 ,title ,,iii--,state implementation of findings by ,commission ,sec4 #cja4 ,state implementation of findings4 ,title ,,iv--,temporary #ajj percent expensing for ,qualifying ,goods ,sec4 #dja4 ,special allowance for certain property4 ,i ,procurement within the ,united ,states required #aja4 ,procurement requirements 7a7 ,general procurement requirements for ,do,d1 ,,dhs1 ,,hhs1 and ,,cdc ,except as provided in subsection 7c71 any medical1 pharmaceutical1 or emergency preparedness product1 determined to be integral to the response to a national emergency declared by the ,president under the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq471 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 ,defense1 the ,department of ,homeland ,security1 the ,department of ,health and ,human ,services1 the ,centers for ,disease ,control1 or the ,national ,institutes of ,health4 7b7 ,requirement for the procurement of ,american-,made products during a national emergency ,except as provided in subsection 7c71 any product1 material1 ingredient1 or equipment that is essential1 as determined by the ,national ,commission on ,united ,states ,preparedness for ,national ,emergencies1 in the response to a declaration of a national emergency declared by the ,president under the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq47 with a specific focus on medical1 pharmaceutical1 or emergency preparedness product1 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 declaration4 7c7 ,exception ,notwithstanding subsections 7a7 and 7b71 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 security4 7d7 ,applicability ,the requirements of this section apply on and after ,january #a1 #bjbe1 and apply to any contract entered into on or after such date4 ,,ii ,national ,commission on ,united ,states ,preparedness for ,national ,emergencies #bja4 ,establishment of ,commission ,there is established in the legislative branch the ,national ,commission on ,united ,states ,preparedness for ,national ,emergencies 7in this title referred to as the ,commission74 #bjb4 ,purposes ,the purposes of the ,commission are to-- 7#a7 examine and report upon the facts and actions taken relating to the ,,covid-#ai pandemic in the ,united ,states in #bjbj and private sector response2 7#b7 investigate and report to the ,president and ,congress on its findings1 conclusions1 and recommendations for measures that can be taken to mitigate impacts of future physical and medical national disasters2 7#c7 determine products1 materials1 ingredients1 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 disasters2 7#d7 give special attention to the need for or existence of national ,federal stockpile requirements and national surge capacity2 and 7#e7 report on infrastructure deficiencies or capability deficiencies in hospitals and medical centers4 #bjc4 ,composition of ,commission 7a7 ,members ,the ,commission shall be composed of #aj members1 of whom-- 7#a7 #a member shall be appointed by the ,president1 who shall serve as chairman of the ,commission2 7#b7 #a member shall be appointed by the leader of the ,senate 7majority or minority leader1 as the case may be7 of the ,democratic ,party1 in consultation with the leader of the ,house of ,representatives 7majority or minority leader1 as the case may be7 of the ,democratic ,party1 who shall serve as vice chairman of the ,commission2 7#c7 #b members shall be appointed by the senior member of the ,senate leadership of the ,democratic ,party2 7#d7 #b members shall be appointed by the senior member of the leadership of the ,house of ,representatives of the ,republican ,party2 7#e7 #b members shall be appointed by the senior member of the ,senate leadership of the ,republican ,party2 and 7#f7 #b members shall be appointed by the senior member of the leadership of the ,house of ,representatives of the ,democratic ,party4 7b7 ,qualifications2 initial meeting 7#a7 ,political party affiliation ,not more than #e members of the ,commission shall be from the same political party4 7#b7 ,nongovernmental appointees ,an individual appointed to the ,commission may not be an officer or employee of the ,federal ,government or any ,state or local government4 7#c7 ,other qualifications ,it is the sense of ,congress that individuals appointed to the ,commission should be prominent ,united ,states citizens1 with national recognition and significant depth of experience in such professions as health1 manufacturing1 agriculture1 emergency planning1 governmental service1 law enforcement1 the ,armed ,services1 law1 public administration1 commerce1 and disaster relief4 7#d7 ,initial meeting ,the ,commission shall meet and begin the operations of the ,commission as soon as practicable4 7c7 ,quorum2 vacancies ,after its initial meeting1 the ,commission shall meet upon the call of the chairman or a majority of its members4 ,six members of the ,commission shall constitute a quorum4 ,any vacancy in the ,commission shall not affect its powers1 but shall be filled in the same manner in which the original appointment was made4 #bjd4 ,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 disasters4 #bje4 ,powers of ,commission 7a7 ,in general 7#a7 ,hearings and evidence ,the ,commission or1 on the authority of the ,commission1 any subcommittee or member thereof1 may1 for the purpose of carrying out this title-- 7,a7 hold such hearings and sit and act at such times and places1 take such testimony1 receive such evidence1 administer such oaths2 and 7,b7 subject to paragraph 7#b77;,a71 require1 by subpoena or otherwise1 the attendance and testimony of such witnesses and the production of such books1 records1 correspondence1 memoranda1 papers1 and documents1 as the ,commission or such designated subcommittee or designated member may determine advisable4 7#b7 ,subpoenas 7,a7 ,issuance 7i7 ,in general ,a subpoena may be issued under this subsection only-- 7,i7 by the agreement of the chairman and the vice chairman2 or 7,,ii7 by the affirmative vote of #f members of the ,commission4 7ii7 ,signature ,subject to clause 7i71 subpoenas issued under this subsection may be issued under the signature of the chairman or any member designated by a majority of the ,commission1 and may be served by any person designated by the chairman or by a member designated by a majority of the ,commission4 7,b7 ,enforcement 7i7 ,in general ,in the case of contumacy or failure to obey a subpoena issued under subsection 7a71 the ,united ,states district court for the judicial district in which the subpoenaed person resides1 is served1 or may be found1 or where the subpoena is returnable1 may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence4 ,any failure to obey the order of the court may be punished by the court as a contempt of that court4 7ii7 ,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 section1 the ,commission may1 by majority vote1 certify a statement of fact constituting such failure to the appropriate ,united ,states attorney1 who may bring the matter before the grand jury for its action1 under the same statutory authority and procedures as if the ,united ,states attorney had received a certification under sections #ajb through #ajd of the ,revised ,statutes of the ,united ,states 7#b ,u4,s4,c4 #aib through #aid74 7b7 ,contracting ,the ,commission may1 to such extent and in such amounts as are provided in appropriation ,acts1 enter into contracts to enable the ,commission to discharge its duties under this title4 7c7 ,information from federal agencies 7#a7 ,in general ,the ,commission is authorized to secure directly from any executive department1 bureau1 agency1 board1 commission1 office1 independent establishment1 or instrumentality of the ,government1 information1 suggestions1 estimates1 and statistics for the purposes of this title4 ,each department1 bureau1 agency1 board1 commission1 office1 independent establishment1 or instrumentality shall1 to the extent authorized by law1 furnish such information1 suggestions1 estimates1 and statistics directly to the ,commission1 upon request made by the chairman1 the chairman of any subcommittee created by a majority of the ,commission1 or any member designated by a majority of the ,commission4 7#b7 ,receipt1 handling1 storage1 and dissemination ,information shall only be received1 handled1 stored1 and disseminated by members of the ,commission and its staff consistent with all applicable statutes1 regulations1 and ,executive orders4 7d7 ,assistance from federal agencies 7#a7 ,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 functions4 7#b7 ,other departments and agencies ,in addition to the assistance prescribed in paragraph 7#a71 departments and agencies of the ,united ,states may provide to the ,commission such services1 funds1 facilities1 staff1 and other support services as they may determine advisable and as may be authorized by law4 7e7 ,gifts ,the ,commission may accept1 use1 and dispose of gifts or donations of services or property4 7f7 ,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 ,states4 #bjf4 ,nonapplicability of ,federal ,advisory ,committee ,act 7a7 ,in general ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the ,commission4 7b7 ,public meetings and release of public versions of reports ,the ,commission shall-- 7#a7 hold public hearings and meetings to the extent appropriate2 and 7#b7 release public versions of the reports required under section #caj7;a7 and 7b74 7c7 ,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 statute1 regulation1 or ,executive order4 #bjg4 ,staff of ,commission 7a7 ,in general 7#a7 ,appointment and compensation ,the chairman1 in consultation with the vice chairman1 in accordance with rules agreed upon by the ,commission1 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 functions1 without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service1 and without regard to the provisions of chapter #ea and subchapter ,,iii of chapter #ec of such title relating to classification and ,general ,schedule pay rates1 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 #ecaf of title #e1 ,united ,states ,code4 7#b7 ,personnel as federal employees 7,a7 ,in general ,the executive director and any personnel of the ,commission who are employees shall be employees under section #baje of title #e1 ,united ,states ,code1 for purposes of chapters #fc1 #ha1 #hc1 #hd1 #he1 #hg1 #hi1 and #ij of that title4 7,b7 ,members of commission ,subparagraph 7,a7 shall not be construed to apply to members of the ,commission4 7b7 ,detailees ,any ,federal ,government employee may be detailed to the ,commission without reimbursement from the ,commission1 and such detailee shall retain the rights1 status1 and privileges of his or her regular employment without interruption4 7c7 ,consultant services ,the ,commission is authorized to procure the services of experts and consultants in accordance with section #caji of title #e1 ,united ,states ,code1 but at rates not to exceed the daily rate paid a person occupying a position at level ,,iv of the ,executive ,schedule under section #ecae of title #e1 ,united ,states ,code4 #bjh4 ,compensation and travel expenses 7a7 ,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 #ecae of title #e1 ,united ,states ,code1 for each day during which that member is engaged in the actual performance of the duties of the ,commission4 7b7 ,travel expenses ,while away from their homes or regular places of business in the performance of services for the ,commission1 members of the ,commission shall be allowed travel expenses1 including per diem in lieu of subsistence1 in the same manner as persons employed intermittently in the ,government service are allowed expenses under section #egjc7;b7 of title #e1 ,united ,states ,code4 #bji4 ,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 requirements1 except that no person shall be provided with access to classified information under this title without the appropriate security clearances4 #baj4 ,reports of ,commission2 termination 7a7 ,interim ,reports ,the ,commission may submit to the ,president and ,congress interim reports containing such findings1 conclusions1 and recommendations for corrective measures as have been agreed to by a majority of ,commission members4 7b7 ,final ,report ,not later than #ah months after the date of the enactment of this ,act1 the ,commission shall submit to the ,president and ,congress a final report containing such findings1 conclusions1 and recommendations for corrective measures as have been agreed to by a majority of ,commission members4 7c7 ,report on essential products1 materials1 ingredients1 and equipment required ,not later than #ah months after the date of the enactment of this ,act1 the ,commission shall submit to the ,president and ,congress a report on the findings of the ,commission regarding which medical1 pharmaceutical1 and emergency preparedness products are determined to be essential for purposes of section #aja7;b74 7d7 ,report on ,state actions ,not later than #ah months after the date of the enactment of this ,act1 the ,commission shall submit to the ,president and ,congress a report on-- 7#a7 actions ,states should take to be better prepared2 7#b7 national ,federal stockpile requirements2 and 7#c7 national surge capacity infrastructure deficiencies in hospitals and medical centers4 7e7 ,termination 7#a7 ,in general ,the ,commission1 and all the authorities of this title1 shall terminate #fj days after the date on which the final report is submitted under subsection 7b74 7#b7 ,administrative activities before termination ,the ,commission may use the #fj-;day period referred to in paragraph 7#a7 for the purpose of concluding its activities1 including providing testimony to committees of ,congress concerning its reports and disseminating the final report4 ,,iii ,state implementation of findings by ,commission #cja4 ,state implementation of findings 7a7 ,loss of ,federal funding ,except as provided in subsection 7b71 any ,state that fails to implement the findings of the report described in section #caj7;d7 by ,january #a1 #bjbe1 at the ,state and local level will lose access to all ,federal funds for emergency preparedness4 7b7 ,exemption ,notwithstanding subsection 7a71 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 faith4 ,the ,secretary shall evaluate each such exemption every fiscal year4 ,,iv ,temporary #ajj percent expensing for ,qualifying ,goods #dja4 ,special allowance for certain property 7a7 ,in general ,for purposes of section #afh7k7 of the ,internal ,revenue ,code of #aihf1 in the case of any qualified pharmaceutical and medical device manufacturing property which is placed in service after ,december #ca1 #bjai1 and before ,january #a1 #bjbf-- 7#a7 such property shall be treated as qualified property 7within the meaning of such section71 7#b7 the applicable percentage otherwise determined under section #afh7k7 of such ,code with respect to such property shall be #ajj percent1 and 7#c7 paragraph 7#h7 of such section shall not apply4 7b7 ,qualified pharmaceutical and medical device manufacturing property ,for purposes of this section1 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 7as defined in section #bja7;g7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba7;g777 or medical devices 7as defined in section #bja7;h7 of such ,act 7#ba ,u4,s4,c4 #cba7;h771 including personal protective equipment and any other item determined by the ,national ,commission on ,united ,states ,preparedness for ,national ,emergencies to be necessary4