[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1306 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 1306
To provide for domestic sourcing of personal protective equipment, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 22, 2021
Mr. Portman (for himself and Mr. Peters) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
A BILL
To provide for domestic sourcing of personal protective equipment, 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 ``Make PPE in America Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The COVID-19 pandemic has exposed the vulnerability of
the United States supply chains for, and lack of domestic
production of, personal protective equipment (PPE).
(2) The United States requires a robust, secure, and wholly
domestic PPE supply chain to safeguard public health and
national security.
(3) Issuing a strategy that provides the government's
anticipated needs over the next three years will enable
suppliers to assess what changes, if any, are needed in their
manufacturing capacity to meet expected demands.
(4) In order to foster a domestic PPE supply chain, United
States industry needs a strong and consistent demand signal
from the Federal Government providing the necessary certainty
to expand production capacity investment in the United States.
(5) In order to effectively incentivize investment in the
United States and the re-shoring of manufacturing, long-term
contracts must be no shorter than three years in duration.
(6) The United States needs a long-term investment strategy
for the domestic production of PPE items critical to the United
States national response to a public health crisis, including
the COVID-19 pandemic.
SEC. 3. REQUIREMENT OF LONG-TERM CONTRACTS FOR DOMESTICALLY
MANUFACTURED PERSONAL PROTECTIVE EQUIPMENT.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Health, Education, Labor, and
Pensions, the Committee on Finance, the Committee on
Homeland Security and Governmental Affairs, the
Committee on Veterans' Affairs, and the Committee on
Armed Services of the Senate; and
(B) the Committee on Energy and Commerce, the
Committee on Ways and Means, the Committee on Homeland
Security, the Committee on Veterans' Affairs, and the
Committee on Armed Services of the House of
Representatives.
(2) Covered secretary.--The term ``covered Secretary''
means the Secretary of Homeland Security, the Secretary of
Health and Human Services, the Secretary of Defense, the
Secretary of Education, and the Secretary of Veterans Affairs.
(3) Personal protective equipment.--The term ``personal
protective equipment'' means surgical masks, respirator masks
and powered air purifying respirators and required filters,
face shields and protective eyewear, gloves, disposable and
reusable surgical and isolation gowns, and head and foot
coverings, or other gear or clothing used to protect an
individual from the transmission of disease.
(4) United states.--The term ``United States'' means the 50
States, the District of Columbia, and the possessions of the
United States.
(b) Contract Requirements.--Beginning 90 days after the date of the
enactment of this Act, in order to ensure the sustainment and expansion
of personal protective equipment manufacturing in the United States and
meet the needs of the current pandemic response, any contract for the
procurement of personal protective equipment entered into by a covered
Secretary, or a covered Secretary's designee, shall--
(1) be issued for a duration of at least 3 years, including
a base period and all option periods, to incentivize investment
in the production of personal protective equipment and the
materials and components thereof in the United States; and
(2) be for personal protective equipment that--
(A) is grown, reprocessed, reused, or produced in
the United States; and
(B) when assembled outside the United States,
contains only materials and components that are grown,
reprocessed, reused, or produced in the United States.
(c) Availability Exception.--Paragraph (2) of subsection (b) shall
not apply to an item of personal protective equipment, or component or
material thereof--
(1) that is, or that includes, a material listed in section
25.104 of the Federal Acquisition Regulation as one for which a
non-availability determination has been made;
(2) as to which the covered Secretary determines that a
sufficient quantity of a satisfactory quality that is grown,
reprocessed, reused, or produced in the United States cannot be
procured as, and when, needed at United States market prices;
or
(3) if, after maximizing to the extent feasible sources
consistent with subsection (b), the covered Secretary certifies
every 120 days that it is necessary to procure personal
protective equipment under alternate procedures to respond to
the immediate needs of a public health emergency.
(d) Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director of the Office of
Management and Budget, in consultation with the covered
Secretaries, shall submit to the chairs and ranking members of
the appropriate congressional committees a report on the
procurement of personal protective equipment.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) The United States long-term domestic
procurement strategy for PPE produced in the United
States, including strategies to incentivize investment
in and maintain United States supply chains for all PPE
sufficient to meet the needs of the United States
during a public health emergency.
(B) An estimate of long-term demand quantities for
all PPE items procured by the United States.
(C) Recommendations for congressional action
required to implement the United States Government's
procurement strategy.
(D) A determination whether all notifications,
amendments, and other necessary actions have been
completed to bring the United States existing
international obligations into conformity with the
statutory requirements of this Act.
(e) Authorization of Transfer of Equipment.--A covered Secretary
may transfer to the Strategic National Stockpile established under
section 319F-2 of the Public Health Service Act (42 U.S.C. 247d-6b) any
excess personal protective equipment acquired under a contract executed
pursuant to subsection (b).
(f) Compliance With International Agreements.--This Act shall be
applied in a manner consistent with United States obligations under
international agreements.
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