I 
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 require-
ments 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 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: 
Preparation for a Pandemic Act of 2020’’. 
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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, not less than 25 percent of the amount of 
personal protective equipment in the Strategic Na-
tional Stockpile shall be comprised of personal pro-
tective equipment that is produced in the United 
States. 
‘‘(2) REQUIREMENT TO PROCURE ITEMS PRO-
DUCED IN THE UNITED STATES.—If the requirement 
under paragraph (1) is not satisfied, until such re-
quirement is satisfied no Federal funds may be used 
to procure an item that is personal protective equip-
ment for the Strategic National Stockpile unless 
that item is produced in the United States. 
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‘‘(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 Sec-
retary and the Director determine jointly 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 
available quantities and of a satisfactory qual-
ity; 
‘‘(C) applying paragraph (2)— 
‘‘(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: Preparation for a 
Pandemic Act of 2020, will increase the 
cost of such contract, cooperative agree-
ment, or transaction by more than 50 per-
cent; and 
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‘‘(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: Preparation for a Pan-
demic 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
RE-
QUIRED.—If the Director determines that the re-
quirement in paragraph (1) is not satisfied, the Di-
rector 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— 
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‘‘(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, includ-
ing the exception under subsection 
(a)(4) applied with respect to such 
contract; and 
‘‘(III) any actions taken by the 
Director to ensure that the require-
ment under paragraph (1) is satisfied; 
and 
‘‘(B) post on the internet website main-
tained 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 STOCK-
PILE.—The Director shall ensure that the Strategic Na-
tional 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 
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Health Service Act (42 U.S.C. 247d), including any re-
newal 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 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 illness, including a facemask, 
face covering, face shield, gown, coverall, glove, gog-
gle, respirator, protective eyewear, biohazard con-
tainer, shoe cover, hood, helmet, sleeve, scrub suit, 
surgical drape, human remains bag, towel, dis-
infecting 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— 
‘‘(A) the item that is manufactured or as-
sembled in the United States; and 
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‘‘(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. 
‘‘(e) 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 qualified expenses paid or incurred 
by the taxpayer during such taxable year for purposes of 
producing personal protective equipment (including a com-
ponent, part, or raw material of such personal protective 
equipment) that qualifies for addition to the Strategic Na-
tional 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 deter-
mined 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 para-
graph (32), striking the period at the end of paragraph 
(33) and inserting ‘‘, plus’’, and adding at the end the 
following new paragraph: 
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‘‘(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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