,,ii #aafth ,,congress #b;d ,session ,s4 #djej ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bc1 #bjbj,ms4 ,duckworth 7for herself1 ,mr4 ,van ,hollen1 and ,mr4 ,king7 introduced the following bill2 which was read twice and referred to the ,committee on ,banking1 ,housing1 and ,urban ,affairs ,a ,,bill ,to require the ,secretary of ,health and ,human ,services to use authorities under the ,defense ,production ,act of #aiej to prioritize contracts necessary to promote pandemic preparedness and response1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,public ,health ,emergency ,production ,act of #bjbj4 #b4 ,prioritization of contracts necessary to promote pandemic preparedness and response 7a7 ,in general ,title ,i of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #deaa et seq47 is amended by inserting after section #aja the following3 #aja;,a4 ,prioritization of contracts necessary to promote pandemic preparedness and response 7a7 ,in general ,the ,secretary of ,health and ,human ,services shall-- 7#a7 require that performance under contracts or orders 7other than contracts of employment7 that the ,secretary deems necessary or appropriate to promote preparedness for and response to a pandemic shall take priority over performance under any other contract or order2 7#b7 for the purpose of assuring such priority1 require acceptance and performance of such contracts or orders in preference to other contracts or orders by persons the ,secretary finds to be capable of their performance2 and 7#c7 allocate materials1 services1 and facilities in such manner1 upon such conditions1 and to such extent as the ,secretary shall deem necessary or appropriate to promote the public health4 7b7 ,use of authority ,the powers granted by this section shall be used to control the general distribution of a material in the civilian market if the ,secretary finds that-- 7#a7 such material is a scarce and critical material essential to public health2 and 7#b7 the requirements of public health for such material cannot otherwise be met without creating a significant dislocation of the normal distribution of such material in the civilian market to such a degree as to create appreciable hardship4 4 7b7 ,conforming amendments ,the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #deja et seq47 is amended-- 7#a7 in section #ajb 7#ej ,u4,s4,c4 #deab71 in the last sentence1 by inserting 1 #aja;,a1 after sections #aja2 and 7#b7 in section #gja7;e7 7#ej ,u4,s4,c4 #deea7;e771 by inserting or the ,secretary of ,health and ,human ,services makes a determination to exercise any authority to allocate any material pursuant to section #aja;,a1 after section #aja14 #c4 ,reporting of actions taken under title ,i of ,defense ,production ,act of #aiej in ,federal ,procurement ,data ,system ,title ,i of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #deaa et seq47 is amended by adding at the end the following3 #aji4 ,reporting of actions in ,federal ,procurement ,data ,system ,any action taken under section #aja or #aja;,a shall be reported in the ,federal ,procurement ,data ,system4 4 #d4 ,use of ,defense ,production ,act ,fund for pandemic preparedness and response ,section #cjd of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #decd7 is amended-- 7#a7 by striking subsection 7c7 and inserting the following3 7c7 ,use of fund 7#a7 ,in general ,the ,fund shall be available to carry out the provisions and purposes of this title1 subject to the limitations set forth in this ,act and in appropriations ,acts4 7#b7 ,distribution ,the ,fund manager designated under subsection 7e7 shall ensure that amounts in the ,fund are fairly distributed to the office established under section #cje and all other ,federal agencies with responsibility for carrying out the provisions and purposes of this title4 2 7#b7 by striking subsection 7e72 7#c7 by redesignating subsections 7f7 and 7g7 as subsections 7e7 and 7f71 respectively2 7#d7 in subsection 7e71 as redesignated by paragraph 7#c7-- 7,a7 in paragraph 7#b71 by striking 2 and and inserting a semicolon2 7,b7 in paragraph 7#c71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#d7 coordinating with other ,federal agencies to ensure that amounts in the ,fund are made available to agencies other than the agency of the ,fund manager1 especially for public health programs4 2 and 7#e7 by adding at the end the following3 7g7 ,interagency rotation program 7#a7 ,in general ,the ,secretary of ,health and ,human ,services and the ,secretary of ,defense shall establish an interagency rotation program that provides for personnel of the components of the ,department of ,health and ,human ,services specified in paragraph 7#b7 to take rotational assignments within the ,office of the ,deputy ,assistant ,secretary of ,defense for ,industrial ,policy1 and for personnel of that ,office to take rotational assignments within such components1 for the purposes of-- 7,a7 strengthening working relationships between agencies2 7,b7 promoting interagency experience2 and 7,c7 ensuring the amounts in the ,fund enable the use of highly tailored economic incentives to boost the manufacturing of critical public health resources that are vital to effective pandemic preparedness and response in the ,united ,states4 7#b7 ,components specified ,the components of the ,department of ,health and ,human ,services specified in this paragraph are the following3 7,a7 ,the ,office of the ,assistant ,secretary for ,preparedness and ,response4 7,b7 ,the ,centers for ,disease ,control and ,prevention4 7,c7 ,the ,national ,institutes of ,health4 4 #e4 ,establishment of office in ,department of ,health and ,human ,services to administer title ,,iii of ,defense ,production ,act of #aiej 7a7 ,in general ,title ,,iii of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #deca et seq47 is amended by adding at the end the following3 #cje4 ,establishment of office in ,department of ,health and ,human ,services 7a7 ,in general ,there is established in the ,office of the ,assistant ,secretary for ,preparedness and ,response of the ,department of ,health and ,human ,services an office 7in this section referred to as the office7 to be responsible for planning for the use of1 reporting on1 and implementation of authorities of the ,department under this title and other provisions of this ,act4 7b7 ,pandemic preparedness and response ,in planning for the use of and implementing authorities under subsection 7a71 the office shall use highly targeted economic incentives authorized under this ,act to boost the manufacturing of critical public health resources that are vital to effective pandemic preparedness and response4 7c7 ,head of office 7#a7 ,appointment ,the ,secretary of ,health and ,human ,services shall appoint an official of the ,department1 at the level of ,deputy ,assistant ,secretary or the equivalent1 to be the head of the office4 7#b7 ,defense ,production ,act ,committee representative ,the head of the office appointed under paragraph 7#a7 shall serve as the representative of the ,department of ,health and ,human ,services on the ,defense ,production ,act ,committee under section #gbb4 7d7 ,waiver of certain requirements ,the requirements of sections #cja7;d77#a77;,a71 #cjb7;d77#a71 and subparagraphs 7,b7 and 7,c7 of section #cjc7;a77#f7 are waived for purposes of the use of authorities under this ,act by the office4 7e7 ,report required ,not less frequently than annually1 the head of the office shall submit to ,congress1 and make available on a publicly accessible internet website of the office1 a report that includes-- 7#a7 a summary of the work and plans of the office to expand productive capacity and supply responsibilities under this ,act during the year preceding submission of the report2 7#b7 an assessment of the elements of the industrial base and technology base in the ,united ,states2 7#c7 recommendations for appropriate remedial actions under this ,act or regulations prescribed to carry out this ,act to supply the emerging technologies needed to achieve robust pandemic preparedness and response2 7#d7 recommendations for legislation1 regulations1 executive orders1 or other action by the ,federal ,government necessary to improve the use of the authorities provided by this ,act2 7#e7 a summary of the findings and recommendations for improving information sharing between departments1 agencies1 and independent establishments of the ,federal ,government relating to all aspects of this ,act2 and 7#f7 any additional findings or recommendations the office considers appropriate4 7f7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary for the establishment of the office4 4 7b7 ,conforming amendment ,section #gbb7;b77#a77;,a7 of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #defg7;b77#a77;,a77 is amended by inserting except as specified in section #cje7;c77#b71 before the head of4 #f4 ,report on use of ,defense ,production ,act of #aiej authorities to respond to ,,covid-#ai pandemic 7a7 ,in general ,not less frequently than once a month during the period described in subsection 7b71 the ,defense ,production ,act ,committee established under section #gbb of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #defg7 shall submit to the appropriate congressional committees and make available on a publicly accessible internet website a report-- 7#a7 describing activities carried out under titles ,i and ,,iii of that ,act related to efforts to respond to the coronavirus disease #bjai 7commonly referred to as ,,covid-#ai7 pandemic2 and 7#b7 assessing the effectiveness of interagency coordination and the use of resources to respond to the pandemic4 7b7 ,period described ,the period described in this subsection is the period-- 7#a7 beginning on the date of the enactment of this ,act2 and 7#b7 ending on the date on which the national emergency declared under the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq47 with respect to ,,covid-#ai terminates4 7c7 ,appropriate congressional committees defined ,in this section1 the term appropriate congressional committees means the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate and the ,committee on ,financial ,services of the ,house of ,representatives #g4 ,report on use of ,defense ,production ,act of #aiej authorities in relation to meat production during ,,covid-#ai pandemic ,not later than #fj days after the date of the enactment of this ,act1 the ,inspector ,general of the ,department of ,agriculture shall submit to ,congress a report on the use of authorities under the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #deja et seq47 by the ,secretary of ,agriculture to reopen1 and ensure the continued operation of1 meat processing facilities during the ,,covid-#ai pandemic1 in a manner that superseded more stringent standards issued by ,state governments4