Made in America Pandemic Preparedness Act
Bill: H.R.4470 | Sponsor: Rep. Maloney, Carolyn B. (D-NY)
Policy area: Government Operations and Politics

Summary:
Made in America Pandemic Preparedness Act
This bill establishes a pandemic preparation tax credit and a requirement to maintain in the Strategic National Stockpile a specified amount of personal protective equipment (PPE).
The pandemic preparation tax credit is an amount equal to 20% of the qualified expenses paid or incurred by the taxpayer for purposes of producing PPE that qualifies for addition to the Strategic National Stockpile.
The bill requires, with some exceptions, that the PPE in the stockpile be produced domestically. If the Department of Health and Human Services (HHS) determines that the requirement is not satisfied, it shall (1) notify specified congressional committees on a quarterly basis, and (2) post each notification on a General Services Administration website.
The Office of Management and Budget must work with HHS to report biannually on (1) the inventory of PPE in the Strategic National Stockpile and in stockpiles of other federal agencies and nonfederal entities, and (2) the quantities of PPE that would be required for an array of possible emergencies, including a pandemic or other public health emergency that could last at least a year.

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 Pandemic 
Preparedness Act''.

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, all personal 
        protective equipment procured for the Strategic National 
        Stockpile shall be personal 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 Secretary determines 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 (1)--
                            ``(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 Pandemic Preparedness Act, 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 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 required.--If the 
        Secretary determines that the requirement in paragraph (1) is 
        not satisfied, the Secretary 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, cooperative 
                                agreement, or other transaction 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)(5) applied with respect 
                                to such contract; and
                                    ``(III) any actions taken by the 
                                Secretary to ensure that the 
                                requirement under paragraph (1) is 
                                satisfied; and
                    ``(B) post on the website maintained by the 
                Administrator of General Services at SAM.gov (or any 
                successor site) each notification required by 
                subparagraph (A)(i), except for any information that is 
                exempt from mandatory disclosure under section 552 of 
                title 5, United States Code.
    ``(b) Sufficiency of Strategic National Stockpile.--The Director 
shall work with the Secretary to issue a biannual report to Congress 
that includes the following:
            ``(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 protective 
        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 Services shall post on 
the website maintained by the Administrator 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 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 other health 
        hazard, or to protect other individuals from possible infection 
        by the wearer, 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.
    ``(f) 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 expenses paid or 
incurred by the taxpayer during such taxable year for purposes of 
producing personal protective equipment (including manufacturing 
technology upgrades, workforce training expenses, components, parts, or 
raw material used to make personal protective equipment) that qualifies 
for addition to the Strategic 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.''.
    (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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