[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 170 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 170
To direct the Secretary of Health and Human Services, in collaboration
with the Assistant Secretary for Preparedness and Response and the
Director of the Centers for Disease Control and Prevention, and in
coordination with the Secretary of Defense and the Secretary of
Homeland Security, to establish a program of entering into partnerships
with eligible domestic manufacturers to ensure the availability of
qualified personal protective equipment to prepare for and respond to
national health or other emergencies, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 9, 2023
Mr. Griffith introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committee on
Oversight and Accountability, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To direct the Secretary of Health and Human Services, in collaboration
with the Assistant Secretary for Preparedness and Response and the
Director of the Centers for Disease Control and Prevention, and in
coordination with the Secretary of Defense and the Secretary of
Homeland Security, to establish a program of entering into partnerships
with eligible domestic manufacturers to ensure the availability of
qualified personal protective equipment to prepare for and respond to
national health or other emergencies, 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 ``Domestic Security Using Production
Partnerships and Lessons from Yesterday Act of 2023'' or the ``Domestic
SUPPLY Act of 2023''.
SEC. 2. NATIONAL DEFENSE AND HEALTH SECURITY DOMESTIC MANUFACTURING
PARTNERSHIP PROGRAM.
(a) In General.--The Secretary, in collaboration with the Assistant
Secretary for Preparedness and Response and the Director of the Centers
for Disease Control and Prevention, and in coordination with the
Secretary of Defense and the Secretary of Homeland Security, shall
establish a program of entering into partnerships with eligible
domestic manufacturers to ensure the availability of qualified personal
protective equipment for preparing for and responding to public health
emergencies.
(b) Contractual Purchasing Agreements.--
(1) Process.--Not later than one year after the date of
enactment of this Act, the Secretary shall finalize a process
for entering into contractual purchasing agreements with
eligible domestic manufacturers to implement the partnerships
described in subsection (a).
(2) Contents.--The contractual purchasing agreements
entered into under this section, collectively, shall--
(A) guarantee the availability of supplies and
manufacturing lines to produce qualified personal
protective equipment in amounts specified by the
Secretary to prepare for and respond to public health
emergencies; and
(B) fulfill such other requirements as are--
(i) deemed necessary by the Secretary to
prepare for and respond to a public health
emergency; and
(ii) covered under the contractual
purchasing agreement.
(c) Eligible Domestic Manufacturers.--To be eligible to participate
in a partnership described in subsection (a), a manufacturer shall--
(1) be headquartered in the continental United States;
(2) manufacture in the continental United States 100
percent of the products to be supplied to the Federal
Government pursuant to such partnership;
(3) be majority owned and operated by United States
citizens;
(4) have supply agreements in place to verify supply chain
security and sourcing; and
(5) attest in writing to the fact that the manufacturer's
entire product lines meet or exceed all applicable quality
guidelines of the Centers for Disease Control and Prevention
and the Occupational Safety and Health Administration.
(d) Qualified Personal Protective Equipment.--
(1) In general.--The Secretary shall maintain a list of
products that are eligible for treatment as qualified personal
protective equipment under this section.
(2) Requirements.--To be included on the list under
paragraph (1), a product shall--
(A) meet or exceed all applicable quality
guidelines of the Centers for Disease Control and
Prevention and the Occupational Safety and Health
Administration;
(B) have been cleared under section 510(k) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360(k)); and
(C) be priced using fair-market benchmarks
established by the Secretary.
(e) Definitions.--In this section:
(1) The term ``public health emergency'' means a public
health emergency for which a declaration is in effect under
section 319 of the Public Health Service Act (42 U.S.C. 247d).
(2) The term ``Secretary'' means the Secretary of Health
and Human Services.
SEC. 3. DOMESTIC PROCUREMENT OF CLOTHING OR EQUIPMENT USED TO PREVENT
THE TRANSMISSION OF INFECTIOUS DISEASE.
(a) Procurement by Federal Government.--
(1) In general.--No clothing or equipment used to prevent
the transmission of infectious disease may be procured by the
Federal Government unless such clothing or equipment is
manufactured in the United States.
(2) Exceptions.--The exceptions in subparagraphs (A) and
(B) of subsection (a)(2) of section 8302 of title 41, United
States Code, shall apply with respect to the prohibition in
paragraph (1) of this subsection to the same extent and in the
same manner as such exceptions apply with respect to the
prohibition in subsection (a)(1) of such section 8302.
(3) Exception documentation.--In the case of an exception
described in paragraph (2), documentation, including a detailed
justification for the use of the exception, shall be submitted
by the official responsible for applying the exception.
(b) Procurement by State and Local Governments Using Federal
Funds.--
(1) In general.--No clothing or equipment described in
subsection (a)(1) may be procured by a State or local
government using Federal funds unless such clothing or
equipment is manufactured in the United States.
(2) Exceptions.--The exceptions in subparagraphs (A) and
(B) of subsection (a)(2) of section 8302 of title 41, United
States Code, shall apply with respect to the prohibition in
paragraph (1) of this subsection to the same extent and in the
same manner as such exceptions apply with respect to the
prohibition in subsection (a)(1) of such section 8302.
(3) Exception documentation.--In the case of an exception
described in paragraph (2), documentation, including a detailed
justification for the use of the exception, shall be submitted
by the official responsible for applying the exception.
(4) Applicability.--Paragraph (1) applies only with respect
to the award of Federal funds on or after the date of enactment
of this Act.
SEC. 4. REPORT ON THE IMPACT OF CHANGES TO PPE REQUIREMENTS ON
FRONTLINE WORKER SAFETY.
Not later than one year after the date of enactment of this Act,
the Secretary of Health and Human Services, in consultation with the
Assistant Secretary of Labor for Occupational Safety and Health, shall
submit a report to the Congress on--
(1) the changes to the Federal requirements applicable to
personal protective equipment that have taken place since the
beginning of the COVID-19 pandemic; and
(2) the impact of these changes on the safety of physicians
and other medical professionals caring for patients face-to-
face during the years 2020 and 2021.
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