[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4578 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4578

To provide for domestic sourcing of personal protective equipment, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 15, 2020

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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