[Congressional Record Volume 167, Number 42 (Friday, March 5, 2021)]
[Senate]
[Page S1335]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1164. Mr. PORTMAN submitted an amendment intended to be proposed 
to amendment SA 891 proposed by Mr. Schumer (for himself, Mr. Wyden, 
Mrs. Murray, Mr. Brown, Mr. Peters, Mr. Cardin, Ms. Cantwell, Ms. 
Stabenow, Mr. Tester, Mr. Menendez, Mr. Schatz, Mr. Carper, Mr. Leahy, 
and Mr. Sanders) to the bill H.R. 1319, to provide for reconciliation 
pursuant to title II of S. Con. Res. 5; which was ordered to lie on the 
table; as follows:

       At the end of title IV, add the following:

     SEC. 4___. PERSONAL PROTECTIVE EQUIPMENT.

       (a) Funding.--In addition to amounts otherwise available, 
     there is appropriated to the Federal Emergency Management 
     Agency for fiscal year 2021, out of any money in the Treasury 
     not otherwise appropriated, $100,000,000, to remain available 
     until September 30, 2025, for the reimbursement of purchases 
     of personal protective equipment made in the United States.
       (b) Uses.--
       (1) In general.--Except as provided in paragraph (2), 
     ``personal protective equipment made in the United States'' 
     shall mean 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.
       (2) Exception.--Paragraph (1) 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;
       (B) as to which the Administrator of the Federal Emergency 
     Management Agency determines that a sufficient quantity of a 
     satisfactory quality that is grown, reprocessed, reused, or 
     produced in the United States cannot be procured; or
       (C) if, after maximizing to the extent feasible sources 
     consistent with this paragraph, the Administrator of the 
     Federal Emergency Management Agency certifies, not less 
     frequently than once 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.
       (3) Requirement.--This subsection shall be applied in a 
     manner consistent with United States obligations under 
     international agreements.
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