I
118THCONGRESS
1
STSESSION 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 Home-
land 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
JANUARY9, 2023
Mr. G
RIFFITHintroduced the following bill; which was referred to the Com-
mittee 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 Pre-
paredness 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.
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Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Domestic Security 4
Using Production Partnerships and Lessons from Yester-5
day Act of 2023’’ or the ‘‘Domestic SUPPLY Act of 6
2023’’. 7
SEC. 2. NATIONAL DEFENSE AND HEALTH SECURITY DO-8
MESTIC MANUFACTURING PARTNERSHIP 9
PROGRAM. 10
(a) I
NGENERAL.—The Secretary, in collaboration 11
with the Assistant Secretary for Preparedness and Re-12
sponse and the Director of the Centers for Disease Control 13
and Prevention, and in coordination with the Secretary of 14
Defense and the Secretary of Homeland Security, shall es-15
tablish a program of entering into partnerships with eligi-16
ble domestic manufacturers to ensure the availability of 17
qualified personal protective equipment for preparing for 18
and responding to public health emergencies. 19
(b) C
ONTRACTUALPURCHASINGAGREEMENTS.— 20
(1) P
ROCESS.—Not later than one year after 21
the date of enactment of this Act, the Secretary 22
shall finalize a process for entering into contractual 23
purchasing agreements with eligible domestic manu-24
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facturers to implement the partnerships described in 1
subsection (a). 2
(2) C
ONTENTS.—The contractual purchasing 3
agreements entered into under this section, collec-4
tively, shall— 5
(A) guarantee the availability of supplies 6
and manufacturing lines to produce qualified 7
personal protective equipment in amounts speci-8
fied by the Secretary to prepare for and re-9
spond to public health emergencies; and 10
(B) fulfill such other requirements as 11
are— 12
(i) deemed necessary by the Secretary 13
to prepare for and respond to a public 14
health emergency; and 15
(ii) covered under the contractual pur-16
chasing agreement. 17
(c) E
LIGIBLEDOMESTICMANUFACTURERS.—To be 18
eligible to participate in a partnership described in sub-19
section (a), a manufacturer shall— 20
(1) be headquartered in the continental United 21
States; 22
(2) manufacture in the continental United 23
States 100 percent of the products to be supplied to 24
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•HR 170 IH
the Federal Government pursuant to such partner-1
ship; 2
(3) be majority owned and operated by United 3
States citizens; 4
(4) have supply agreements in place to verify 5
supply chain security and sourcing; and 6
(5) attest in writing to the fact that the manu-7
facturer’s entire product lines meet or exceed all ap-8
plicable quality guidelines of the Centers for Disease 9
Control and Prevention and the Occupational Safety 10
and Health Administration. 11
(d) Q
UALIFIEDPERSONALPROTECTIVEEQUIP-12
MENT.— 13
(1) I
N GENERAL.—The Secretary shall main-14
tain a list of products that are eligible for treatment 15
as qualified personal protective equipment under this 16
section. 17
(2) R
EQUIREMENTS.—To be included on the 18
list under paragraph (1), a product shall— 19
(A) meet or exceed all applicable quality 20
guidelines of the Centers for Disease Control 21
and Prevention and the Occupational Safety 22
and Health Administration; 23
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(B) have been cleared under section 510(k) 1
of the Federal Food, Drug, and Cosmetic Act 2
(21 U.S.C. 360(k)); and 3
(C) be priced using fair-market bench-4
marks established by the Secretary. 5
(e) D
EFINITIONS.—In this section: 6
(1) The term ‘‘public health emergency’’ means 7
a public health emergency for which a declaration is 8
in effect under section 319 of the Public Health 9
Service Act (42 U.S.C. 247d). 10
(2) The term ‘‘Secretary’’ means the Secretary 11
of Health and Human Services. 12
SEC. 3. DOMESTIC PROCUREMENT OF CLOTHING OR 13
EQUIPMENT USED TO PREVENT THE TRANS-14
MISSION OF INFECTIOUS DISEASE. 15
(a) P
ROCUREMENT BY FEDERALGOVERNMENT.— 16
(1) I
N GENERAL.—No clothing or equipment 17
used to prevent the transmission of infectious dis-18
ease may be procured by the Federal Government 19
unless such clothing or equipment is manufactured 20
in the United States. 21
(2) E
XCEPTIONS.—The exceptions in subpara-22
graphs (A) and (B) of subsection (a)(2) of section 23
8302 of title 41, United States Code, shall apply 24
with respect to the prohibition in paragraph (1) of 25
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this subsection to the same extent and in the same 1
manner as such exceptions apply with respect to the 2
prohibition in subsection (a)(1) of such section 3
8302. 4
(3) E
XCEPTION DOCUMENTATION .—In the case 5
of an exception described in paragraph (2), docu-6
mentation, including a detailed justification for the 7
use of the exception, shall be submitted by the offi-8
cial responsible for applying the exception. 9
(b) P
ROCUREMENT BY STATE ANDLOCALGOVERN-10
MENTSUSINGFEDERALFUNDS.— 11
(1) I
N GENERAL.—No clothing or equipment 12
described in subsection (a)(1) may be procured by a 13
State or local government using Federal funds un-14
less such clothing or equipment is manufactured in 15
the United States. 16
(2) E
XCEPTIONS.—The exceptions in subpara-17
graphs (A) and (B) of subsection (a)(2) of section 18
8302 of title 41, United States Code, shall apply 19
with respect to the prohibition in paragraph (1) of 20
this subsection to the same extent and in the same 21
manner as such exceptions apply with respect to the 22
prohibition in subsection (a)(1) of such section 23
8302. 24
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(3) EXCEPTION DOCUMENTATION .—In the case 1
of an exception described in paragraph (2), docu-2
mentation, including a detailed justification for the 3
use of the exception, shall be submitted by the offi-4
cial responsible for applying the exception. 5
(4) A
PPLICABILITY.—Paragraph (1) applies 6
only with respect to the award of Federal funds on 7
or after the date of enactment of this Act. 8
SEC. 4. REPORT ON THE IMPACT OF CHANGES TO PPE RE-9
QUIREMENTS ON FRONTLINE WORKER SAFE-10
TY. 11
Not later than one year after the date of enactment 12
of this Act, the Secretary of Health and Human Services, 13
in consultation with the Assistant Secretary of Labor for 14
Occupational Safety and Health, shall submit a report to 15
the Congress on— 16
(1) the changes to the Federal requirements ap-17
plicable to personal protective equipment that have 18
taken place since the beginning of the COVID–19 19
pandemic; and 20
(2) the impact of these changes on the safety 21
of physicians and other medical professionals caring 22
for patients face-to-face during the years 2020 and 23
2021. 24
Æ
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