,i #aafth ,,congress #b;d ,session ,h4 ,r4 #heec ,,in ,,the ,,house ,,of ,,representatives ,october #i1 #bjbj ,mr4 ,cartwright 7for himself1 ,mr4 ,morelle1 ,mr4 ,peterson1 and ,mr4 ,pappas7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure1 and in addition to the ,committees on ,energy and ,commerce1 ,science1 ,space1 and ,technology1 ,armed ,services1 and ,veterans' ,affairs1 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 provide for expanded capacity to respond to pandemic disaster1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,managing ,american ,knowledge and ,equipment to ,prevent ,pandemic ,emergencies ,act or the ,,make ,,ppe ,act4 #b4 ,capacity to respond to pandemic disaster 7a7 ,in general ,section #ajb of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eabb7 is amended by inserting any public health emergency 7including any pandemic or virus threat71 after drought714 7b7 ,whole of society reiliency ,section #bhjb7;b7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;hh-#a7;b77 is amended-- 7#a7 by redesignating paragraphs 7#g71 7#h71 7#i71 and 7#aj7 as paragraphs 7#h71 7#i71 7#aj71 and 7#aa71 respectively2 and 7#b7 by inserting after paragraph 7#f7 the following3 7#g7 ,whole of society resiliency ,developing a capacity for long-term response to a major pandemic or other infectious disease outbreak1 including the manufacture and distribution of critical pharmaceutical and nonpharmaceutical supplies1 including personal protective equipment1 needed to slow the spread of a pandemic or other infectious disease while preserving essential functions of society4 4 7c7 ,development of capacity ,title ,,ii of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaca et seq47 is amended by adding at the end the following3 #bje4 ,capacity for materials needed 7a7 ,in general ,the ,administrator shall develop the capacity to coordinate the procurement1 distribution1 and tracking of critical nonpharmaceutical materials needs of the ,united ,states during a major pandemic or other infectious disease outbreak of regional1 national1 or global scale4 7b7 ,collection and dissemination of data ,the ,administrator shall develop the capacity to coordinate the collection and dissemination of data to track national demand for critical nonpharmaceutical materials during a major pandemic or other infectious disease outbreak of regional1 national1 or global scale4 4 #c4 ,coordinating procurement and distribution during a pandemic emergency 7a7 ,in general ,the ,executive ,office of the ,president1 the ,administrator of the ,federal ,emergency ,management ,agency1 and the ,assistant ,secretary of ,health and ,human ,services for ,preparedness and ,response shall jointly develop a protocol under which the ,federal ,emergency ,management ,agency shall-- 7#a7 assume responsibility for coordinating ,federal procurement of critical nonpharmaceutical supplies during a national public health emergency based on the severity and extent of such an emergency2 and 7#b7 implement the companion strategy developed under section #e4 7b7 ,coordination ,in developing the protocol under subsection 7a71 the ,executive ,office of the ,president1 the ,administrator of the ,federal ,emergency ,management ,agency1 and the ,assistant ,secretary of ,health and ,human ,services for ,preparedness and ,response shall consult with the ,director of the ,centers for ,disease ,control and ,prevention1 the ,commanding ,general of the ,corps of ,engineers1 and other heads of ,federal agencies determined necessary by the ,administrator of the ,federal ,emergency ,management ,agency and the ,assistant ,secretary of ,health and ,human ,services for ,preparedness and ,response4 7c7 ,contents ,the protocol developed under subsection 7a7 shall-- 7#a7 specify the categories of personal protective equipment and related items to be coordinated by the ,federal ,emergency ,management ,agency1 in line with the strategy for critical materials described in section #bjf of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act1 added by this ,act2 and 7#b7 consider the scale and severity of an emergency in determining when and how the ,federal ,emergency ,management ,agency shall exercise authorities under the protocol1 as well as the process by which the ,assistant ,secretary of ,health and ,human ,services for ,preparedness and ,response1 including the ,director of the ,strategic ,national ,stockpile1 shall work in coordination with the ,federal ,emergency ,management ,agency4 7d7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,executive ,office of the ,president1 the ,administrator of the ,federal ,emergency ,management ,agency1 and the ,assistant ,secretary of ,health and ,human ,services for ,preparedness and ,response shall jointly submit to the relevant committees of jurisdiction of the ,house of ,representatives and the ,senate1 including the ,committee on ,appropriations of the ,house of ,representatives and the ,senate1 a report detailing the protocol developed under subsection 7a71 including any minority or dissenting views of such officers4 7e7 ,regulations ,not later than #a year after the submission of the report under subsection 7d71 the ,administrator of the ,federal ,emergency ,management ,agency shall issue such regulations as are necessary to implement the protocol developed under subsection 7a74 #d4 ,capacity to manage critical supplies ,title ,,ii of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaca et seq47 is further amended by adding at the end the following3 #bjf4 ,office of ,pandemic ,preparedness and ,response 7a7 ,in general ,the ,administrator shall establish an ,office of ,pandemic ,preparedness and ,response within the ,federal ,emergency ,management ,agency to coordinate the procurement1 distribution1 and tracking of the critical nonpharmaceutical materials needs of the ,united ,states1 when necessary1 during a public health emergency4 7b7 ,associate administrator ,the ,administrator shall appoint an ,associate ,administrator to run the ,office of ,pandemic ,preparedness and ,response4 7c7 ,duties 7#a7 ,office 7,a7 ,in general ,the ,office of ,pandemic ,preparedness and ,response shall-- 7i7 develop and maintain a data repository that tracks demand for critical nonpharmaceutical materials in the event of a national pandemic emergency1 including #cj-1 #fj-1 and #ij-;day demand projections2 7ii7 require the data repository described in clause 7i7 to track inventory and productive capacity to meet national critical nonpharmaceutical material needs1 including #cj-1 #fj-1 and #ij-;day inventory and productive capacity forecasts2 and 7iii7 develop1 publish1 implement1 and maintain a stakeholder engagement plan1 including ensuring that the ,federal ,emergency ,management ,agency shall consult with private-sector representatives and regional and local public health and emergency management organizations to coordinate data collection1 in accordance with applicable privacy or other data collection and storage regulations or statutes4 7,b7 ,nonpublic information ,the data repository developed under subparagraph 7,a7 shall not be public4 7,c7 ,public information ,the ,office shall make available summary information of the data repository in a public format4 7,d7 ,consultation ,in developing the data repository and stakeholder engagement plan under subparagraph 7,a71 the ,associate ,administrator shall consult with ,,aspr to avoid duplication and to encourage coordinated data collection and use4 7,e7 ,report to ,congress ,annually1 the ,associate ,administrator shall submit to ,congress1 and make public1 a report that includes a list of agencies or entities in compliance and noncompliance with data collection efforts necessary for the data repository developed under subparagraph 7,a74 7#b7 ,associate ,administrator ,the ,associate ,administrator of the ,office of ,pandemic ,preparedness and ,response shall convene exercises not less than biennially with stakeholders 7including senior representatives of the ,food and ,drug ,administration1 the ,department of ,homeland ,security1 the ,centers for ,disease ,control and ,prevention1 the ,department of ,health and ,human ,services 7except the ,assistant ,secretary of ,health and ,human ,services for ,preparedness and ,response71 the ,national ,institute of ,health1 the ,veterans ,affairs ,administration1 the ,department of ,defense1 the ,indian ,health ,service1 and the ,united ,states intelligence community7 determined by the ,associate ,administrator to be essential to the pandemic response to ensure the agency's readiness to procure1 distribute1 and track critical nonpharmaceutical materials during a public health emergency4 4 #e4 ,planning to meet critical supply needs 7a7 ,in general ,the ,associate ,administrator of the ,office of ,pandemic ,preparedness and ,response of the ,federal ,emergency ,management ,agency1 in coordination with the ,assistant ,secretary of ,health and ,human ,services for ,preparedness and ,response1 shall develop a companion strategy to accompany the ,national ,health ,security ,strategy under section #bhjb of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;hh-#a7 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 #c of this ,act4 7b7 ,contents ,the companion strategy under subsection 7a7 shall-- 7#a7 include an assessment of critical nonpharmaceutical materials1 particularly personal protective equipment and other ancillary medical supplies1 needed during a pandemic2 7#b7 take into account the best available science2 7#c7 consider different responses to differing levels of severity of a public health emergency1 based on input from stakeholders1 as well as from external sources1 including the ,national ,academies1 academic sources1 ,state1 ,tribal1 territorial1 and local governments1 and the private sector2 7#d7 evaluate the reliability and security of suppliers necessary to ensure the production1 procurement1 and distribution of critical nonpharmaceutical materials1 including considering-- 7,a7 supplier diversity1 country of origin1 supply chain stability1 and cybersecurity risk to distribution and to production facilities2 7,b7 priority to domestic sources of supply2 and 7,c7 how to maximize the use of materials produced in the ,united ,states in accordance with section #c of this ,act2 and 7#e7 include strategies for last mile distribution to ensure supplies get into the possession of end users4 7c7 ,publication ,not later than #a year after the date of enactment of this ,act1 the ,associate ,administrator shall submit to the relevant committees of jurisdiction of the ,house of ,representatives and the ,senate and publish publicly in unclassified and classified 7if necessary7 versions4 7d7 ,update ,the ,associate ,administrator1 in consultation with stakeholders shall update the companion strategy under subsection 7a7 not less often than every #e years4 7e7 ,stakeholders defined ,in this section1 the term stakeholders means senior representatives of the ,food and ,drug ,administration1 the ,department of ,homeland ,security1 the ,centers for ,disease ,control and ,prevention1 the ,department of ,health and ,human ,services 7except the ,assistant ,secretary of ,health and ,human ,services for ,preparedness and ,response71 the ,national ,institute of ,health1 the ,veterans ,affairs ,administration1 the ,department of ,defense1 the ,indian ,health ,service1 and the ,united ,states intelligence community4 #f4 ,planning for production ,section #cai;,c-#b7;b77#a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#c;b7 is amended-- 7#a7 in subparagraph 7,a77iv7 by striking 2 and and inserting a semicolon2 7#b7 in subparagraph 7,b7 by striking 2 or and inserting 2 and2 and 7#c7 by inserting after subparagraph 7,b7 the following3 7,c7 prepare a plan and be capable of coordinating inventory management activities during a national public health emergency with ,state and ,federal officials2 or 4 #g4 ,preserving productive capacity 7a7 ,in general ,section #becc;a7b7 of title #aj1 ,united ,states ,code1 is amended by adding at the end the following3 7#e7 ,critical nonpharmaceutical materials identified under section #bjf of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act4 4 7b7 ,veterans ,administration 7#a7 ,covered purchases 7,a7 ,in general ,subject to subparagraph 7,b71 any covered item purchased by the ,secretary of the ,department of ,veterans ,affairs shall be from the ,united ,states4 ,for purposes of this subsection1 from the ,united ,states means that #ajj percent of a product is grown1 reprocessed1 reused1 or produced in the ,united ,states4 7,b7 ,exceptions ,notwithstanding subparagraph 7,a71 the ,secretary may waive the requirements of such subparagraph if the ,secretary 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 prices4 ,this subsection shall not apply to covered items that are or that include materials determined to be non-available in accordance with section #be4ajd of title #dh of the ,federal ,acquisition ,regulation4 7#b7 ,exception for small purchases ,paragraph 7#a7 shall not apply to purchases for amounts not greater than #aej1jjj4 ,a proposed purchase or contract for an amount greater than #aej1jjj may not be divided into several purchases or contracts for lesser amounts in order to qualify for this exception4 7#c7 ,applicability ,the requirements of this subsection shall apply with respect to a purchase of a covered item made pursuant to paragraph 7#a7 on or after the date of the enactment of this ,act4 7#d7 ,definition of covered item ,in this subsection1 the term covered item means a critical nonpharmaceutical material identified under section #bjf of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act4 7c7 ,waiver of certain requirements 7#a7 ,in general ,notwithstanding any other provision of law1 the ,assistant ,secretary of ,health and ,human ,services for ,preparedness and ,response may waive the requirements of section #becc;a7b77#e74 7#b7 ,regulations ,the ,assistant ,secretary of ,health and ,human ,services for ,preparedness and ,response shall issue such regulations as are necessary to implement paragraph 7#a74 7#c7 ,contents ,in issuing regulations under paragraph 7#b71 the ,assistant ,secretary of ,health and ,human ,services for ,preparedness and ,response shall take into account-- 7,a7 that ,american-made products shall be prioritized in purchasing2 7,b7 that the prices to be paid should not be generally within historic norms or in line with current market prices2 7,c7 that when sourcing from foreign countries is necessary1 priority should be given to countries with reliable supply chains and longstanding relationships with the ,united ,states2 and 7,d7 that waivers to purchase foreign-produced goods may be authorized when ,american-produced goods are not available in sufficient quantities1 at reasonable prices1 and at satisfactory quality4 #h4 ,expanding productive capacity and resilience 7a7 ,productive capacity grants and technical assistance 7#a7 ,in general ,the ,director of the ,national ,institute of ,standards and ,technology1 in consultation with the ,manufacturing ,extension ,partnership1 shall establish a program to provide grants and technical assistance to qualified ,united ,states manufacturers that can demonstrate current capacity or future capacity to produce critical nonpharmaceutical materials identified under section #bjf of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act that are designated by the ,assistant ,secretary of ,health and ,human ,services for ,preparedness and ,response as unable to be sourced in sufficient and reasonably available commercial quantities and of a satisfactory quality in the ,united ,states4 7#b7 ,application ,to be eligible to receive a grant or technical assistance under this subsection1 qualified ,united ,states manufacturers shall submit to the ,director an application at such time1 in such manner1 and containing such information as the ,director may require4 7#c7 ,awareness campaigns ,in carrying out this subsection1 ,manufacturing ,extension ,partnership programs shall conduct awareness campaigns in economically distressed areas1 including qualified opportunity zones 7as such term is defined in section #adjj,z-#a of the ,internal ,revenue ,code of #aihf74 7#d7 ,requirement ,in selecting grant recipients and providing technical assistance under this subsection1 the ,director shall provide not less than #dj percent of funds made available to carry out this section to economically distressed areas1 including qualified opportunity zones 7as such term is defined in section #adjj,z-#a of the ,internal ,revenue ,code of #aihf74 7#e7 ,prioritization ,in selecting grant recipients and providing technical assistance under this subsection1 the ,director shall prioritize recipients based on such recipient's ability to address shortfalls in the strategy developed under section #e4 7#f7 ,eligible uses ,a grant provided under this subsection may be used for capital investments and labor4 7#g7 ,authorization of appropriations ,there is authorized to carry out this subsection #ajj1jjj1jjj for each of fiscal years #bjba through #bjbf4 7b7 ,at-,home equipment grants 7#a7 ,in general ,the ,director of the ,national ,institute of ,standards and ,technology shall establish a program to provide grants to support the development of plans and educational materials to assist the ,united ,states public in making temporary masks or other equipment as determined appropriate by the ,director1 at home4 7#b7 ,application ,to be eligible to receive a grant under this subsection1 an entity shall submit an application to the ,director at such time1 in such manner1 and containing such information as the ,director may require4 7#c7 ,authorization of appropriations ,there is authorized to carry out this subsection #be1jjj1jjj for each of fiscal years #bjba through #bjbf4