[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1306 Reported in Senate (RS)]
<DOC>
Calendar No. 668
117th CONGRESS
2d Session
S. 1306
[Report No. 117-269]
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, Mr. Peters, and Mrs. Gillibrand) introduced
the following bill; which was read twice and referred to the Committee
on Homeland Security and Governmental Affairs
December 19, 2022
Reported by Mr. Peters, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Make PPE in America
Act''.</DELETED>
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress makes the following findings:</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (2) The United States requires a robust, secure,
and wholly domestic PPE supply chain to safeguard public health
and national security.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 3. REQUIREMENT OF LONG-TERM CONTRACTS FOR DOMESTICALLY
MANUFACTURED PERSONAL PROTECTIVE EQUIPMENT.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Appropriate congressional committees.--The
term ``appropriate congressional committees'' means--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (4) United states.--The term ``United States''
means the 50 States, the District of Columbia, and the
possessions of the United States.</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) be for personal protective equipment that--
</DELETED>
<DELETED> (A) is grown, reprocessed, reused, or
produced in the United States; and</DELETED>
<DELETED> (B) when assembled outside the United
States, contains only materials and components that are
grown, reprocessed, reused, or produced in the United
States.</DELETED>
<DELETED> (c) Availability Exception.--Paragraph (2) of subsection
(b) shall not apply to an item of personal protective equipment, or
component or material thereof--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Report.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Elements.--The report required under paragraph
(1) shall include the following elements:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) An estimate of long-term demand
quantities for all PPE items procured by the United
States.</DELETED>
<DELETED> (C) Recommendations for congressional
action required to implement the United States
Government's procurement strategy.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (f) Compliance With International Agreements.--This Act
shall be applied in a manner consistent with United States obligations
under international agreements.</DELETED>
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) To accomplish this aim, the United States should seek
to ensure compliance with its international obligations, such
as its commitments under the World Trade Organization's
Agreement on Government Procurement and its free trade
agreements, including by invoking any relevant exceptions to
those agreements, especially those related to national security
and public health.
(7) 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 Homeland Security and
Governmental Affairs, the Committee on Health,
Education, Labor, and Pensions, the Committee on
Finance, the Committee on Veterans' Affairs, and the
Committee on Armed Services of the Senate; and
(B) the Committee on Homeland Security, the
Committee on Oversight, the Committee on Energy and
Commerce, the Committee on Ways and Means, 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, 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, head and foot coverings,
and 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 for Domestic Production.--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 2 years, plus all
option periods necessary, 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, including the
materials and components thereof, that is grown, reprocessed,
reused, or produced in the United States.
(c) Alternatives to Domestic Production.--The requirement under
subsection (b) shall not apply to an item of personal protective
equipment, or component or material thereof if, after maximizing to the
extent feasible sources consistent with subsection (b), the covered
Secretary--
(1) maximizes sources for personal protective equipment
that is assembled outside the United States containing only
materials and components that are grown, reprocessed, reused,
or produced in the United States; and
(2) certifies every 120 days that it is necessary to
procure personal protective equipment under alternative
procedures to respond to the immediate needs of a public health
emergency.
(d) Availability Exception.--
(1) In general.--Subsections (b) and (c) shall not apply to
an item of personal protective equipment, or component or
material thereof--
(A) 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; or
(B) 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.
(2) Certification requirement.--The covered Secretary shall
certify every 120 days that the exception under paragraph (1)
is necessary to meet the immediate needs of a public health
emergency.
(e) Report.--
(1) In general.--Not later than 180 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.
(f) Authorization of Transfer of Equipment.--
(1) In general.--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).
(2) Transfer of equipment during a public health
emergency.--
(A) Amendment.--Title V of the Homeland Security
Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding
at the end the following:
``SEC. 529. TRANSFER OF EQUIPMENT DURING A PUBLIC HEALTH EMERGENCY.
``(a) Authorization of Transfer of Equipment.--During a public
health emergency declared by the Secretary of Health and Human Services
under section 319(a) of the Public Health Service Act (42 U.S.C.
247d(a)), the Secretary, at the request of the Secretary of Health and
Human Services, may transfer to the Department of Health and Human
Services, on a reimbursable basis, excess personal protective equipment
or medically necessary equipment in the possession of the Department.
``(b) Determination by Secretaries.--
``(1) In general.--In carrying out this section--
``(A) before requesting a transfer under subsection
(a), the Secretary of Health and Human Services shall
determine whether the personal protective equipment or
medically necessary equipment is otherwise available;
and
``(B) before initiating a transfer under subsection
(a), the Secretary, in consultation with the heads of
each component within the Department, shall--
``(i) determine whether the personal
protective equipment or medically necessary
equipment requested to be transferred under
subsection (a) is excess equipment; and
``(ii) certify that the transfer of the
personal protective equipment or medically
necessary equipment will not adversely impact
the health or safety of officers, employees, or
contractors of the Department.
``(2) Notification.--The Secretary of Health and Human
Services and the Secretary shall each submit to Congress a
notification explaining the determination made under
subparagraphs (A) and (B), respectively, of paragraph (1).
``(3) Required inventory.--
``(A) In general.--The Secretary shall--
``(i) acting through the Chief Medical
Officer of the Department, maintain an
inventory of all personal protective equipment
and medically necessary equipment in the
possession of the Department; and
``(ii) make the inventory required under
clause (i) available, on a continual basis,
to--
``(I) the Secretary of Health and
Human Services; and
``(II) the Committee on
Appropriations and the Committee on
Homeland Security and Governmental
Affairs of the Senate and the Committee
on Appropriations and the Committee on
Homeland Security of the House of
Representatives.
``(B) Form.--Each inventory required to be made
available under subparagraph (A) shall be submitted in
unclassified form, but may include a classified
annex.''.
(B) Table of contents amendment.--The table of
contents in section 1(b) of the Homeland Security Act
of 2002 (Public Law 107-296; 116 Stat. 2135) is amended
by inserting after the item relating to section 528 the
following:
``Sec. 529. Transfer of equipment during a public health emergency.''.
(3) Strategic national stockpile.--Section 319F-2(a) of the
Public Health Service Act (42 U.S.C. 247d-6b(a)) is amended by
adding at the end the following:
``(6) Transfers of items.--The Secretary, in coordination
with the Secretary of Homeland Security, may sell drugs,
vaccines and other biological products, medical devices, or
other supplies maintained in the stockpile under paragraph (1)
to a Federal agency or private, nonprofit, State, local,
tribal, or territorial entity for immediate use and
distribution, provided that any such items being sold are--
``(A) within 1 year of their expiration date; or
``(B) determined by the Secretary to no longer be
needed in the stockpile due to advances in medical or
technical capabilities.''.
(g) Compliance With International Agreements.--The President or the
President's designee shall take all necessary steps, including invoking
the rights of the United States under Article III of the World Trade
Organization's Agreement on Government Procurement and the relevant
exceptions of other relevant agreements to which the United States is a
party, to ensure that the international obligations of the United
States are consistent with the provisions of this Act.
Calendar No. 668
117th CONGRESS
2d Session
S. 1306
[Report No. 117-269]
_______________________________________________________________________
A BILL
To provide for domestic sourcing of personal protective equipment, and
for other purposes.
_______________________________________________________________________
December 19, 2022
Reported with an amendment