I 
117TH CONGRESS 
1ST SESSION H. R. 4470 
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 require-
ments and domestic manufacturing incentives, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 16, 2021 
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 provi-
sions 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 pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Made in America Pan-
demic Preparedness Act’’. 
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SEC. 2. REQUIREMENT TO MAINTAIN SUFFICIENT PER-
SONAL PROTECTIVE EQUIPMENT STOCKPILE 
AND DOMESTIC SUPPLY CHAINS FOR NA-
TIONAL SECURITY PURPOSES. 
(a) IN GENERAL.—Chapter 83 of title 41, United 
States Code, is amended by adding after section 8302 the 
following: 
‘‘§ 8302A. Personal protective equipment stockpile 
and domestic supply chains 
‘‘(a) DOMESTIC CONTENT REQUIREMENT.— 
‘‘(1) IN GENERAL.—To ensure strategic domes-
tic supply chain capabilities for national security 
purposes, all personal protective equipment procured 
for the Strategic National Stockpile shall be per-
sonal protective equipment that is produced in the 
United States. 
‘‘(2) EXCEPTION.—Paragraph (1) shall not 
apply with respect to the procurement of an item 
that is personal protective equipment if the Sec-
retary determines that— 
‘‘(A) applying such paragraph would be in-
consistent with the public interest or national 
security interest; 
‘‘(B) such item is not produced in the 
United States in sufficient and reasonably 
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available quantities and of a satisfactory qual-
ity; 
‘‘(C) applying paragraph (1)— 
‘‘(i) with respect to a contract, cooper-
ative agreement, or transaction to be en-
tered into on or before the date that is 5 
years after the date of the enactment of 
the Made in America Pandemic Prepared-
ness Act, will increase the cost of such con-
tract, cooperative agreement, or trans-
action by more than 50 percent; and 
‘‘(ii) with respect to a contract, coop-
erative agreement, or transaction to be en-
tered into after the date that is 5 years 
after the date of the enactment of the 
Made in America Pandemic Preparedness 
Act, 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. 
‘‘(3) NOTIFICATION
OF
NONCOMPLIANCE
RE-
QUIRED.—If the Secretary determines that the re-
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quirement in paragraph (1) is not satisfied, the Sec-
retary shall— 
‘‘(A) submit to the Committee on Home-
land Security and Governmental Affairs of the 
Senate and the Committee on Oversight and 
Reform of the House of Representatives quar-
terly— 
‘‘(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, cooperative 
agreement, or other transaction en-
tered into in the prior quarter for the 
procurement of personal protective 
equipment not produced in the United 
States, including the exception under 
subsection (a)(5) applied with respect 
to such contract; and 
‘‘(III) any actions taken by the 
Secretary to ensure that the require-
ment under paragraph (1) is satisfied; 
and 
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‘‘(B) post on the website maintained by the 
Administrator of General Services at SAM.gov 
(or any successor site) each notification re-
quired by subparagraph (A)(i), except for any 
information that is exempt from mandatory dis-
closure under section 552 of title 5, United 
States Code. 
‘‘(b) SUFFICIENCY OF STRATEGIC NATIONAL STOCK-
PILE.—The Director shall work with the Secretary to 
issue a biannual report to Congress that includes the fol-
lowing: 
‘‘(1) The state of personal protective equipment 
inventory in the Strategic National Stockpile. 
‘‘(2) The state of personal protective equipment 
inventory in stockpiles of other Federal agencies. 
‘‘(3) Estimates of the state of personal protec-
tive equipment inventory of non-Federal entities. 
‘‘(4) Estimates of the quantities of personal 
protective equipment that would be required for an 
array of possible emergencies, including a pandemic 
or other emergency declared under section 319 of 
the Public Health Service Act (42 U.S.C. 247d) and 
that could last at least a year. 
‘‘(c) WEBSITE.—The Administrator of General Serv-
ices shall post on the website maintained by the Adminis-
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trator at SAM.gov (or any successor site) information that 
identifies suppliers that can provide personal protective 
equipment that is produced in the United States for the 
Strategic National Stockpile. 
‘‘(d) APPLICATION.—This section shall be applied in 
a manner consistent with United States obligations under 
international agreements. 
‘‘(e) DEFINITION.—In this section— 
‘‘(1) DIRECTOR.—The term ‘Director’ means 
the Director of the Office of Management and Budg-
et. 
‘‘(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 other health hazard, or to pro-
tect other individuals from possible infection by the 
wearer, including a facemask, face covering, face 
shield, gown, coverall, glove, goggle, respirator, pro-
tective 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 re-
spect to an item— 
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‘‘(A) the item that is manufactured or as-
sembled in the United States; and 
‘‘(B) the total value of the parts or compo-
nents contained in the item that are not grown, 
reprocessed, reused, manufactured, or assem-
bled 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 Stra-
tegic 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. 
‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sec-
tion 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 amend-
ments 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.’’. 
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SEC. 3. PANDEMIC PREPARATION TAX CREDIT. 
(a) IN GENERAL.—Subpart D of part IV of sub-
chapter 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 sec-
tion 38, the pandemic preparation tax credit determined 
under this section for the taxable year is an amount equal 
to 20 percent of the expenses paid or incurred by the tax-
payer during such taxable year for purposes of producing 
personal protective equipment (including manufacturing 
technology upgrades, workforce training expenses, compo-
nents, parts, or raw material used to make personal pro-
tective equipment) that qualifies for addition to the Stra-
tegic National Stockpile under section 8302A(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 any amount taken into account 
in determining the credit allowed to a taxpayer under this 
section. 
‘‘(c) REGULATIONS.—The Secretary shall prescribe 
such regulations as are necessary or appropriate to carry 
out the purpose of this section.’’. 
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(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 para-
graph (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 deter-
mined 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 fol-
lowing 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. 
Æ 
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