,i #aafth ,,congress #b;d ,session ,h4 ,r4 #fgic ,,in ,,the ,,house ,,of ,,representatives ,may #h1 #bjbj,mrs4 ,trahan 7for herself1 ,mr4 ,pappas1 and ,mr4 ,malinowski7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to authorize the ,secretary of ,health and ,human ,services to create1 maintain1 protect1 expand1 or restore domestic industrial base capabilities essential for pandemic preparedness1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,pandemic ,production ,act4 #b4 ,expansion of productive capacity and supply related to pandemic preparedness 7a7 ,secretarial ,authorization for ,pandemic ,preparedness 7#a7 ,in general ,to create1 maintain1 protect1 expand1 or restore domestic industrial base capabilities essential for pandemic preparedness1 the ,secretary shall make provision-- 7,a7 for purchases of or commitments to purchase essential medical technology1 including vaccines1 and related materials1 including personal protective equipment2 7,b7 for the encouragement of production of essential medical technology and related materials2 7,c7 for the development and maintenance of production capabilities2 and 7,d7 for the increased use of emerging technologies in biological1 chemical1 and radiological security program applications and the rapid transition of emerging technologies-- 7i7 from ,government-sponsored research and development to commercial applications2 and 7ii7 from commercial research and development to pandemic preparedness applications4 7#b7 ,secretarial determinations ,except as provided in paragraph 7#d71 the ,secretary may not execute a contract under this subsection unless the ,secretary determines1 with appropriate explanatory material and in writing to the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate and the ,committee on ,financial ,services of the ,house of ,representatives1 that-- 7,a7 the essential medical technology or related materials is essential to the pandemic response strategy of the ,united ,states2 7,b7 without ,secretarial action under this section1 the ,united ,states industry cannot reasonably be expected to provide consistently the capability for the needed essential medical technology or related materials in a timely manner2 and 7,c7 purchases1 purchase commitments1 or other action pursuant to this section are the most cost effective1 expedient1 and practical alternative method for meeting the need4 7#c7 ,notification to ,congress of shortfall 7,a7 ,in general ,except as provided in paragraph 7#d71 the ,secretary shall provide written notice to the ,committee on ,banking1 ,housing1 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 subsection to remedy the shortfall4 ,the notice shall include the determinations made by the ,secretary under paragraph 7#b74 7,b7 ,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 #e1jjj1jjj within a five year period1 the action or actions may be taken only after the #cj-;day period following the date on which the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate and the ,committee on ,financial ,services of the ,house of ,representatives have been notified in writing of the proposed action4 7#d7 ,waiver authorized ,the ,secretary may waive the requirements of paragraphs 7#a7 through 7#c7 during a period of national emergency declared by an ,act of ,congress or the ,president4 7b7 ,secretarial findings 7#a7 ,in general ,the ,secretary may take the actions described in paragraph 7#b71 if the ,secretary finds-- 7,a7 under generally fair and equitable ceiling prices1 for any raw or nonprocessed material1 there will result a decrease in supplies from high-cost sources of such material1 and that the continuation of such supplies is necessary to carry out the objectives of this section2 or 7,b7 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 materials4 7#b7 ,subsidy payments authorized ,upon a finding under paragraph 7#a71 the ,secretary may make provision for subsidy payments on any such domestically produced material in such amounts and in such manner 7including purchases of such material and its resale at a loss71 and on such terms and conditions1 as the ,secretary determines to be necessary to ensure that supplies from such high-cost sources are continued1 or that maximum production or supply in such area at stable prices of such materials is maintained1 as the case may be4 7c7 ,incidental ,authority ,the procurement power granted to the ,secretary by this section shall include the power to transport and store and have processed and refined any materials procured under this section4 7d7 ,installation of equipment in industrial facilities ,if the ,secretary determines that such action will aid the pandemic response strategy of the ,united ,states1 the ,secretary is authorized-- 7#a7 to procure and install additional equipment1 facilities1 processes1 or improvements to plants1 factories1 and other industrial facilities owned by the ,federal ,government2 7#b7 to procure and install equipment owned by the ,federal ,government in plants1 factories1 and other industrial facilities owned by private persons2 7#c7 to provide for the modification or expansion of privately owned facilities1 including the modification or improvement of production processes2 and 7#d7 to sell or otherwise transfer equipment owned by the ,federal ,government and installed under this subsection to the owners of such plants1 factories1 or other industrial facilities4 7e7 ,excess essential medical technology1 including vaccines1 and related materials1 including personal protective equipment ,notwithstanding any other provision of law to the contrary1 essential medical technology1 including vaccines1 and related materials1 including personal protective equipment acquired pursuant to this section which1 in the judgment of the ,secretary1 are excess to the needs of programs under this section1 shall be transferred to the ,strategic ,national ,stockpile1 when the ,secretary deems such action to be in the public interest4 7f7 ,substitutes ,when1 in the judgement of the ,secretary1 it will aid pandemic preparedness1 the ,secretary may make provision for the development of substitutes for strategic and critical materials1 critical components1 critical technology items1 and other industrial resources4 7g7 ,pandemic ,production ,act ,fund 7#a7 ,establishment of ,fund ,there is established in the ,treasury of the ,united ,states a separate fund to be known as the ,pandemic ,production ,act ,fund 7in this subsection referred to as the ,fund74 7#b7 ,moneys in ,fund ,there shall be credited to the ,fund-- 7,a7 all moneys appropriated for the ,fund1 as authorized by subsection 7i72 and 7,b7 all moneys received by the ,fund on transactions entered into pursuant to this section4 7#c7 ,use of ,fund ,the ,fund shall be available to carry out the provisions and purposes of this section subject to the limitations set forth in this section and in appropriations ,acts4 7#d7 ,duration of ,fund ,moneys in the ,fund shall remain available until expended4 7#e7 ,fund manager ,the ,secretary shall designate a ,fund manager4 ,the duties of the ,fund manager shall include-- 7,a7 determining the liability of the ,fund in accordance with paragraph 7#f72 7,b7 ensuring the visibility and accountability of transactions engaged in through the ,fund2 and 7,c7 reporting to the ,congress regarding activities of the ,fund-- 7i7 quarterly1 with respect to the previous quarter2 or 7ii7 weekly1 during a period of national emergency declared by an ,act of ,congress or the ,president1 with respect to the previous week4 7#f7 ,liabilities against ,fund ,when any agreement entered into pursuant to this section imposes any contingent liability upon the ,united ,states1 such liability shall be considered an obligation against the ,fund4 7h7 ,delegation of authority ,the ,secretary may only delegate authority under this section to the ,assistant ,secretary for ,preparedness and ,response and such ,assistant ,secretary may not further delegate such authority4 7i7 ,authorization of ,appropriations ,there is authorized to be appropriated such sums as may be necessary for fiscal year #bjbj and each fiscal year thereafter for the carrying out of the provisions and purposes of this section4 7j7 ,definitions ,for purposes of this section1 the following definitions shall apply3 7#a7 ,critical component ,the term critical component includes such components1 subsystems1 systems1 and related special tooling and test equipment essential to the production1 repair1 maintenance1 or operation of biological1 chemical1 and radiological security program applications or other items of equipment identified by the ,secretary as being essential to the execution of a pandemic response strategy of the ,united ,states4 7#b7 ,critical technology ,the term critical technology includes any technology designated by the ,secretary to be essential to the execution of a pandemic response strategy of the ,united ,states4 7#c7 ,critical technology item ,the term critical technology item means materials directly employing1 derived from1 or utilizing a critical technology4 7#d7 ,domestic industrial base ,the term domestic industrial base means domestic sources which are providing1 or which would be reasonably expected to provide1 materials or services to meet national pandemic response requirements during peacetime or national emergency4 7#e7 ,domestic source ,the term domestic source means a business concern-- 7,a7 that performs in the ,united ,states substantially all of the research and development1 engineering1 manufacturing1 and production activities required of such business concern under a contract with the ,united ,states relating to a critical component or a critical technology item2 and 7,b7 that procures from business concerns described in subparagraph 7,a7 substantially all of any components and assemblies required under a contract with the ,united ,states relating to a critical component or critical technology item4 7#f7 ,facilities ,the term facilities includes all types of buildings1 structures1 or other improvements to real property 7but excluding farms1 churches or other places of worship1 and private dwelling houses71 and services relating to the use of any such building1 structure1 or other improvement4 7#g7 ,industrial resources ,the term industrial resources means materials1 services1 processes1 or manufacturing equipment 7including the processes1 technologies1 and ancillary services for the use of such equipment7 needed to establish or maintain an efficient and modern national pandemic response industrial base4 7#h7 ,materials ,the term materials includes-- 7,a7 any raw materials 7including minerals1 metals1 and advanced processed materials71 commodities1 articles1 components 7including critical components71 products1 and items of supply2 and 7,b7 any technical information or services ancillary to the use of any such materials1 commodities1 articles1 components1 products1 or items4 7#i7 ,pandemic ,response ,strategy of the ,united ,states ,the ,secretary shall defined the term pandemic response strategy of the ,united ,states4 7#aj7 ,person ,the term person includes an individual1 corporation1 partnership1 association1 or any other organized group of persons1 or legal successor or representative thereof1 or any ,state or local government or agency thereof4 7#aa7 ,secretary ,the term ,secretary means the ,secretary of ,health and ,human ,services4 7#ab7 ,services ,the term services includes any effort that is needed for or incidental to-- 7,a7 the development1 production1 processing1 distribution1 delivery1 or use of an industrial resource or a critical technology item2 7,b7 the construction of facilities2 or 7,c7 the movement of individuals and property by all modes of civil transportation4