[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7548 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 7548

To amend title 41, United States Code, and the Internal Revenue Code of 
 1986, to ensure availability of personal protective equipment during 
    pandemics and other public health emergencies through stockpile 
   requirements and domestic manufacturing incentives, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 9, 2020

  Mrs. Carolyn B. Maloney of New York introduced the following bill; 
which was referred to the Committee on Ways and Means, and in addition 
     to the Committee on Oversight and Reform, 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 amend title 41, United States Code, and the Internal Revenue Code of 
 1986, to ensure availability of personal protective equipment during 
    pandemics and other public health emergencies through stockpile 
   requirements and domestic manufacturing incentives, 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: Preparation for a 
Pandemic Act of 2020''.

SEC. 2. REQUIREMENT TO MAINTAIN SUFFICIENT PERSONAL PROTECTIVE 
              EQUIPMENT STOCKPILE AND DOMESTIC SUPPLY CHAINS FOR 
              NATIONAL SECURITY PURPOSES.

    (a) In General.--Chapter 83 of title 41, United States Code, is 
amended by adding after section 8302 the following:
``Sec. 8302A. Personal protective equipment stockpile and domestic 
              supply chains
    ``(a) Domestic Content Requirement.--
            ``(1) In general.--To ensure strategic domestic supply 
        chain capabilities for national security purposes, not less 
        than 25 percent of the amount of personal protective equipment 
        in the Strategic National Stockpile shall be comprised of 
        personal protective equipment that is produced in the United 
        States.
            ``(2) Requirement to procure items produced in the united 
        states.--If the requirement under paragraph (1) is not 
        satisfied, until such requirement is satisfied no Federal funds 
        may be used to procure an item that is personal protective 
        equipment for the Strategic National Stockpile unless that item 
        is produced in the United States.
            ``(3) Director.--The Director shall work with the Secretary 
        to ensure that the requirement under paragraph (1) is 
        satisfied.
            ``(4) Exception.--Paragraph (2) shall not apply with 
        respect to the procurement of an item that is personal 
        protective equipment if the Secretary and the Director 
        determine jointly that--
                    ``(A) applying such paragraph would be inconsistent 
                with the public interest or national security interest;
                    ``(B) such item is not produced in the United 
                States in sufficient and reasonably available 
                quantities and of a satisfactory quality;
                    ``(C) applying paragraph (2)--
                            ``(i) with respect to a contract, 
                        cooperative agreement, or transaction to be 
                        entered into on or before the date that is 5 
                        years after the date of the enactment of the 
                        Made in America: Preparation for a Pandemic Act 
                        of 2020, will increase the cost of such 
                        contract, cooperative agreement, or transaction 
                        by more than 50 percent; and
                            ``(ii) with respect to a contract, 
                        cooperative agreement, or transaction to be 
                        entered into after the date that is 5 years 
                        after the date of the enactment of the Made in 
                        America: Preparation for a Pandemic Act of 
                        2020, will increase the cost of such contract, 
                        cooperative agreement, or transaction by more 
                        than 25 percent; or
                    ``(D) such item is, or includes, materials 
                determined to be nonavailable in accordance with 
                section 25.104 of the Federal Acquisition Regulation.
            ``(5) Notification of noncompliance required.--If the 
        Director determines that the requirement in paragraph (1) is 
        not satisfied, the Director shall--
                    ``(A) submit to the Committee on Homeland Security 
                and Governmental Affairs of the Senate and the 
                Committee on Oversight and Reform of the House of 
                Representatives quarterly--
                            ``(i) a notification stating that such 
                        requirement has not been satisfied; and
                            ``(ii) a report on--
                                    ``(I) the personal protective 
                                equipment in the Strategic National 
                                Stockpile;
                                    ``(II) any contract entered into in 
                                the prior quarter for the procurement 
                                of personal protective equipment not 
                                produced in the United States, 
                                including the exception under 
                                subsection (a)(4) applied with respect 
                                to such contract; and
                                    ``(III) any actions taken by the 
                                Director to ensure that the requirement 
                                under paragraph (1) is satisfied; and
                    ``(B) post on the internet website maintained by 
                the General Services Administration at beta.SAM.gov (or 
                any successor site) each notification required by 
                subparagraph (A)(i).
    ``(b) Sufficiency of Strategic National Stockpile.--The Director 
shall ensure that the Strategic National Stockpile includes an amount 
of personal protective equipment sufficient to meet the health security 
needs of the United States for 1 year during a pandemic or other 
emergency declared under section 319 of the Public Health Service Act 
(42 U.S.C. 247d), including any renewal thereof.
    ``(c) Application.--This section shall be applied in a manner 
consistent with United States obligations under international 
agreements.
    ``(d) Definition.--In this section--
            ``(1) Director.--The term `Director' means the Director of 
        the Office of Management and Budget.
            ``(2) Personal protective equipment.--The term `personal 
        protective equipment' means an item designed to protect the 
        wearer or user from the spread of infection or illness, 
        including a facemask, face covering, face shield, gown, 
        coverall, glove, goggle, respirator, protective eyewear, 
        biohazard container, shoe cover, hood, helmet, sleeve, scrub 
        suit, surgical drape, human remains bag, towel, disinfecting 
        wipe, triage tent, medical tent, or hand sanitizer.
            ``(3) Produced in the united states.--The term `produced in 
        the United States' means, with respect to an item--
                    ``(A) the item that is manufactured or assembled in 
                the United States; and
                    ``(B) the total value of the parts or components 
                contained in the item that are not grown, reprocessed, 
                reused, manufactured, or assembled in the United States 
                does not exceed 25 percent of the total purchase price 
                of the item.
            ``(4) Strategic national stockpile.--The term `Strategic 
        National Stockpile' means the Strategic National Stockpile 
        under section 319F-2 of the Public Health Service Act (42 
        U.S.C. 247d-6b).
            ``(5) Secretary.--The term `Secretary' means the Secretary 
        of Health and Human Services.
    ``(e) Rule of Construction.--Nothing in this section shall be 
construed to limit the private distribution, purchase, or sale of 
personal protective equipment from sources other than the Strategic 
National Stockpile.''.
    (b) Effective Date.--This section, and the amendments made by this 
section, shall take effect on the date that is six months after the 
date on which this section is enacted.
    (c) Technical and Conforming Amendment.--The table of sections at 
the beginning of chapter 83 of title 41, United States Code, is amended 
by adding after the item related to section 8302 the following new 
item:

``8302A. Personal protective equipment stockpile and domestic supply 
                            chains.''.

SEC. 3. PANDEMIC PREPARATION TAX CREDIT.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 is amended by adding at the end 
the following new section:

``SEC. 45U. PANDEMIC PREPARATION TAX CREDIT.

    ``(a) Allowance of Credit.--For purposes of section 38, the 
pandemic preparation tax credit determined under this section for the 
taxable year is an amount equal to 20 percent of the qualified expenses 
paid or incurred by the taxpayer during such taxable year for purposes 
of producing personal protective equipment (including a component, 
part, or raw material of such personal protective equipment) that 
qualifies for addition to the Strategic National Stockpile under 
section 8032A(a)(1) of title 41, United States Code.
    ``(b) Denial of Double Benefit.--No deduction or credit shall be 
allowed under any other provision of this chapter with respect to the 
amount of the credit determined under this section.''.
    (b) Credit Made Part of General Business Credit.--Section 38(b) of 
the Internal Revenue Code of 1986 is amended by striking ``plus'' at 
the end of paragraph (32), striking the period at the end of paragraph 
(33) and inserting ``, plus'', and adding at the end the following new 
paragraph:
            ``(34) the pandemic preparation credit determined under 
        section 45U.''.
    (c) Clerical Amendment.--The table of sections for subpart D of 
part IV of subchapter A of chapter 1 of such Code is amended by adding 
at the end the following new item:

``Sec. 45U. Pandemic preparation tax credit.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after the date of the enactment of 
this Act.
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