,,ii #aafth ,,congress #b;d ,session ,s4 #dbfd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bb1 #bjbj,mr4 ,graham 7for himself1 ,mrs4 ,capito1 and ,mr4 ,rounds7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to require personal protective equipment to be acquired from domestic producers for the ,strategic ,national ,stockpile4 #a4 ,short title ,this ,act may be cited as the ,united ,states ,manufacturing ,availability of ,domestic ,equipment ,act or the ,u4,s4 ,,made ,act of #bjbj4 #b4 ,domestic purchasing requirement for personal protective equipment acquisitions for the ,strategic ,national ,stockpile ,section #cai;,f-#b7;a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#f;b7a77 is amended by adding at the end the following3 7#f7 ,domestic purchasing requirement for personal protective equipment 7,a7 ,requirement ,except as provided in subparagraphs 7,c7 and 7,d71 funds appropriated or otherwise available to the ,secretary for the ,strategic ,national ,stockpile may not be used for the procurement of an item described in subparagraph 7,b7 unless the item was grown1 reprocessed1 reused1 or produced in the ,united ,states4 7,b7 ,covered items ,an item described in this subparagraph is an article or item of-- 7i7 personal protective equipment 7including surgical masks1 respirator masks1 face shields1 surgical and isolation gowns1 and head and foot coverings7 or clothing 7and the materials and components thereof71 other than sensors1 electronics1 or other items added to1 and not normally associated with1 such personal protective equipment or clothing2 7ii7 sanitizing and disinfecting wipes1 privacy curtains1 beds and bedding1 testing swabs1 gauze and bandages1 tents1 tarpaulins1 covers1 or bags2 or 7iii7 any other textile medical supplies and equipment described in paragraph 7#a74 7,c7 ,availability exception ,subsection 7a7 shall not apply to an item described in subparagraph 7,b7-- 7i7 that is1 or that includes1 a material listed in section #be4ajd of the ,federal ,acquisition ,regulation as one for which a non-availability determination has been made2 or 7ii7 as to which the ,secretary determines that a sufficient quantity of a satisfactory quality of such item that is grown1 reprocessed1 reused1 or produced in the ,united ,states cannot be procured as1 and when1 needed at ,united ,states market prices4 7,d7 ,exception for small purchases ,subparagraph 7,a7 shall not apply to purchases for amounts that do not exceed #aej1jjj4 ,a proposed purchase or contract for an amount in excess of #aej1jjj may not be divided into several purchases or contracts for lesser amounts in order to qualify for the exception under this subparagraph4 7,e7 ,geographic coverage ,in this section1 the term ,united ,states means the several states1 the ,district of ,columbia1 the ,united ,states territories and possessions1 and the ,freely ,associated ,states4 7,f7 ,notification required within #g days after contract award if certain exceptions applied ,in the case of any contract for the procurement of an item described in subparagraph 7,b71 if the ,secretary applies the exception described in subparagraph 7,c7 with respect to that contract1 the ,secretary shall1 not later than #g days after the awarding of the contract1 post a notification that the exception has been applied on the internet website maintained by the ,general ,services ,administration known as ,fed,biz,ops4gov 7or any successor site74 7,g7 ,training during fiscal year #bjba 7i7 ,in general ,the ,secretary shall ensure that each member of the acquisition workforce in the ,department of ,health and ,human ,services who participates personally and substantially in acquisitions on a regular basis receives training during fiscal year #bjba on the requirements of this paragraph and the regulations implementing this paragraph4 7ii7 ,inclusion of information in new training programs ,the ,secretary shall ensure that any training program for the acquisition workforce developed or implemented after fiscal year #bjba1 includes comprehensive information on the requirements described in subparagraph 7,a74 7,h7 ,application to other agencies ,if responsibility for maintaining the ,strategic ,national ,stockpile is transferred from the ,department of ,health and ,human ,services to any other ,federal department or agency1 the provisions of this paragraph shall apply to the head of such department or agency4 7,i7 ,effective date ,this paragraph shall apply with respect to contracts entered into by the ,department of ,health and ,human ,services beginning #fj days after the date of enactment of this paragraph4 4 #c4 ,investment credit for qualifying medical personal protective equipment manufacturing projects 7a7 ,in general ,subpart ,e of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by inserting after section #dh;,c the following new section3 #dh;,d4 ,qualifying medical personal protective equipment manufacturing project credit 7a7 ,in general ,for purposes of section #df1 the qualifying medical personal protective equipment manufacturing project credit for any taxable year is an amount equal to #cj percent of the qualified investment for such taxable year with respect to any qualifying medical personal protective equipment manufacturing project of the taxpayer4 7b7 ,qualified investment 7#a7 ,in general ,for purposes of subsection 7a71 the qualified investment for any taxable year is the basis of eligible property placed in service or continued in service by the taxpayer during such taxable year which is part of a qualifying medical personal protective equipment manufacturing project4 7#b7 ,certain qualified progress expenditures rules made applicable ,rules similar to the rules of subsections 7c77#d7 and 7d7 of section #df 7as in effect on the day before the enactment of the ,revenue ,reconciliation ,act of #aiij7 shall apply for purposes of this section4 7#c7 ,limitation ,the amount which is treated as the qualified investment for all taxable years with respect to any qualifying medical personal protective equipment manufacturing project shall not exceed the amount designated by the ,secretary as eligible for the credit under this section4 7c7 ,definitions 7#a7 ,qualifying medical personal protective equipment manufacturing project 7,a7 ,in general ,the term qualifying medical personal protective equipment manufacturing project means a project-- 7i7 which re-equips1 expands1 establishes1 or continues existing medical personal protective equipment production of-- 7,i7 any item described in paragraph 7#f77;,b7 of section #cai;,f-#b7;a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#f;b7a771 or 7,,ii7 any textile products for medical applications which are not described in subclause 7,i71 as identified by the ,secretary1 in consultation with the ,secretary of ,health and ,human ,services1 and 7ii7 any portion of the qualified investment of which is certified by the ,secretary under subsection 7d7 as eligible for a credit under this section4 7,b7 ,exception ,subclause 7,i7 of subparagraph 7,a77i7 shall not include sensors1 electronics1 or other items added to1 and not normally associated with1 equipment or clothing described in such subclause4 7#b7 ,eligible property ,the term eligible property means any property-- 7,a7 which is necessary for the production of property described in paragraph 7#a77;,a77i71 7,b7 which is-- 7i7 tangible personal property1 or 7ii7 other tangible property 7not including a building or its structural components71 but only if such property is used as an integral part of the manufacturing facility described in such paragraph1 and 7,c7 with respect to which depreciation 7or amortization in lieu of depreciation7 is allowable4 7d7 ,qualifying medical personal protective equipment manufacturing project program 7#a7 ,establishment 7,a7 ,in general ,not later than #ij days after the date of enactment of this section1 the ,secretary1 in consultation with the ,secretary of ,health and ,human ,services1 shall establish a qualifying medical personal protective equipment manufacturing project program to consider and award certifications for qualified investments eligible for credits under this section to qualifying medical personal protective equipment manufacturing project sponsors4 7,b7 ,limitation ,the total amount of credits that may be allocated under the program shall not exceed #g1ejj1jjj1jjj4 7#b7 ,certification 7,a7 ,application period ,each applicant for certification under this paragraph shall submit an application 7containing such information as the ,secretary may require7 during the #a-year period beginning on the date the ,secretary establishes the program under paragraph 7#a74 7,b7 ,time to meet criteria for certification ,each applicant for certification shall have #a year from the date of acceptance by the ,secretary of the application during which to provide to the ,secretary evidence that the requirements of the certification have been met4 7,c7 ,period of issuance ,an applicant which receives a certification shall have #b years from the date of issuance of the certification in order to place the project in service and if such project is not placed in service by that time period1 then the certification shall no longer be valid4 7#c7 ,selection criteria ,in determining which qualifying medical personal protective equipment manufacturing projects to certify under this section1 the ,secretary shall take into consideration which projects-- 7,a7 will provide the greatest domestic job creation and retention 7both direct and indirect7 during the credit period1 7,b7 will provide the largest amount of medical personal protective equipment for which there is the greatest need for purposes of the ,strategic ,national ,stockpile 7as described in section #cai;,f-#b7;a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#f;b7a7771 7,c7 have the greatest potential for helping to achieve medical manufacturing independence for the ,united ,states1 and 7,d7 have the greatest potential to meet sudden surges in demand for personal protective equipment4 7#d7 ,review and redistribution 7,a7 ,review ,not later than #c years after the date of enactment of this section1 the ,secretary shall review the credits allocated under this section as of such date4 7,b7 ,redistribution ,the ,secretary may reallocate credits awarded under this section if the ,secretary determines that-- 7i7 there is an insufficient quantity of qualifying applications for certification pending at the time of the review1 or 7ii7 any certification made pursuant to paragraph 7#b7 has been revoked pursuant to paragraph 7#b77;,b7 because the project subject to the certification has been delayed as a result of third-party opposition or litigation to the proposed project4 7,c7 ,reallocation ,if the ,secretary determines that credits under this section are available for reallocation pursuant to the requirements set forth in paragraph 7#b71 the ,secretary is authorized to conduct an additional program for applications for certification4 7#e7 ,disclosure of allocations ,the ,secretary shall1 upon making a certification under this subsection1 publicly disclose the identity of the applicant and the amount of the credit with respect to such applicant4 4 7b7 ,conforming amendments 7#a7 ,section #df of the ,internal ,revenue ,code of #aihf is amended-- 7,a7 by striking and at the end of paragraph 7#e72 7,b7 by striking the period at the end of paragraph 7#f7 and inserting 1 and2 and 7,c7 by adding at the end the following3 7#g7 the qualifying medical personal protective equipment manufacturing project credit4 4 7#b7 ,section #di7;a77#a77;,c7 of such ,code is amended-- 7,a7 by striking and at the end of clause 7iv72 7,b7 by striking the period at the end of clause 7v7 and inserting 1 and2 and 7,c7 by adding at the end the following3 7vi7 the basis of any property which is part of a qualifying medical personal protective equipment manufacturing project under section #dh;,d4 4 7#c7 ,the table of sections for subpart ,e of part ,,iv of subchapter ,a of chapter #a of such ,code is amended by inserting after the item relating to section #dh;,c the following new item3 ,sec4 #dh;,d4 ,qualifying medical personal protective equipment manufacturing project credit4 4 7c7 ,effective date ,the amendments made by this section shall apply to property the construction of which begins after ,december #ca1 #bjai4