II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Make PPE in America 

5 Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) The COVID–19 pandemic has exposed the 

9 vulnerability of the United States supply chains for, 


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1 and lack of domestic production of, personal protec2 tive equipment (PPE). 

3 (2) The United States requires a robust, secure, 

4 and wholly domestic PPE supply chain to safeguard 

5 public health and national security. 

6 (3) Issuing a strategy that provides the govern7 ment’s anticipated needs over the next three years 

8 will enable suppliers to assess what changes, if any, 

9 are needed in their manufacturing capacity to meet 

10 expected demands. 

11 (4) In order to foster a domestic PPE supply 

12 chain, United States industry needs a strong and 

13 consistent demand signal from the Federal Govern14 ment providing the necessary certainty to expand 

15 production capacity investment in the United States. 

16 (5) In order to effectively incentivize investment 

17 in the United States and the re-shoring of manufac18 turing, long-term contracts must be no shorter than 

19 three years in duration. 

20 (6) The United States needs a long-term invest21 ment strategy for the domestic production of PPE 

22 items critical to the United States national response 

23 to a public health crisis, including the COVID–19 

24 pandemic. 


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1 SEC. 3. REQUIREMENT OF LONG-TERM CONTRACTS FOR 

2 DOMESTICALLY MANUFACTURED PERSONAL 

3 PROTECTIVE EQUIPMENT. 

4 (a) DEFINITIONS.—In this section: 

5 (1) APPROPRIATE CONGRESSIONAL COMMIT6 TEES.—The term ‘‘appropriate congressional com7 mittees’’ means— 

8 (A) the Committee on Health, Education, 

9 Labor, and Pensions, the Committee on Fi10 nance, the Committee on Homeland Security 

11 and Governmental Affairs, the Committee on 

12 Veterans’ Affairs, and the Committee on Armed 

13 Services of the Senate; and 

14 (B) the Committee on Energy and Com15 merce, the Committee on Ways and Means, the 

16 Committee on Homeland Security, the Com17 mittee on Veterans’ Affairs, and the Committee 

18 on Armed Services of the House of Representa19 tives. 

20 (2) COVERED SECRETARY.—The term ‘‘covered 

21 Secretary’’ means the Secretary of Homeland Secu22 rity, the Secretary of Health and Human Services, 

23 the Secretary of Defense, the Secretary of Edu24 cation, and the Secretary of Veterans Affairs. 

25 (3) PERSONAL PROTECTIVE EQUIPMENT.—The 

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1 gical masks, respirator masks and powered air puri2 fying respirators and required filters, face shields 

3 and protective eyewear, gloves, disposable and reus4 able surgical and isolation gowns, and head and foot 

5 coverings, or other gear or clothing used to protect 

6 an individual from the transmission of disease. 

7 (4) UNITED STATES.—The term ‘‘United 

8 States’’ means the 50 States, the District of Colum9 bia, and the possessions of the United States. 

10 (b) CONTRACT REQUIREMENTS.—Beginning 90 days 

11 after the date of the enactment of this Act, in order to 

12 ensure the sustainment and expansion of personal protec13 tive equipment manufacturing in the United States and 

14 meet the needs of the current pandemic response, any con15 tract for the procurement of personal protective equipment 

16 entered into by a covered Secretary, or a covered Sec17 retary’s designee, shall— 

18 (1) be issued for a duration of at least 3 years, 

19 including a base period and all option periods, to 

20 incentivize investment in the production of personal 

21 protective equipment and the materials and compo22 nents thereof in the United States; and 

23 (2) be for personal protective equipment that— 

24 (A) is grown, reprocessed, reused, or pro25 duced in the United States; and 


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1 (B) when assembled outside the United 

2 States, contains only materials and components 

3 that are grown, reprocessed, reused, or pro4 duced in the United States. 

5 (c) AVAILABILITY EXCEPTION.—Paragraph (2) of 

6 subsection (b) shall not apply to an item of personal pro7 tective equipment, or component or material thereof— 

8 (1) that is, or that includes, a material listed in 

9 section 25.104 of the Federal Acquisition Regulation 

10 as one for which a non-availability determination has 

11 been made; 

12 (2) as to which the covered Secretary deter13 mines that a sufficient quantity of a satisfactory 

14 quality that is grown, reprocessed, reused, or pro15 duced in the United States cannot be procured as, 

16 and when, needed at United States market prices; or 

17 (3) if, after maximizing to the extent feasible 

18 sources consistent with subsection (b), the covered 

19 Secretary certifies every 120 days that it is nec20 essary to procure personal protective equipment 

21 under alternate procedures to respond to the imme22 diate needs of a public health emergency. 

23 (d) REPORT.— 

24 (1) IN GENERAL.—Not later than 90 days after 

25 the date of the enactment of this Act, the Director 


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1 of the Office of Management and Budget, in con2 sultation with the covered Secretaries, shall submit 

3 to the chairs and ranking members of the appro4 priate congressional committees a report on the pro5 curement of personal protective equipment. 

6 (2) ELEMENTS.—The report required under 

7 paragraph (1) shall include the following elements: 

8 (A) The United States long-term domestic 

9 procurement strategy for PPE produced in the 

10 United States, including strategies to 

11 incentivize investment in and maintain United 

12 States supply chains for all PPE sufficient to 

13 meet the needs of the United States during a 

14 public health emergency. 

15 (B) An estimate of long-term demand 

16 quantities for all PPE items procured by the 

17 United States. 

18 (C) Recommendations for congressional ac19 tion required to implement the United States 

20 Government’s procurement strategy. 

21 (D) A determination whether all notifica22 tions, amendments, and other necessary actions 

23 have been completed to bring the United States 

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1 formity with the statutory requirements of this 

2 Act. 

3 (e) AUTHORIZATION OF TRANSFER OF EQUIP4 MENT.—A covered Secretary may transfer to the Strategic 

5 National Stockpile established under section 319F–2 of 

6 the Public Health Service Act (42 U.S.C. 247d–6b) any 

7 excess personal protective equipment acquired under a 

8 contract executed pursuant to subsection (b). 

9 (f) COMPLIANCE WITH INTERNATIONAL AGREE10 MENTS.—This Act shall be applied in a manner consistent 

11 with United States obligations under international agree12 ments. 

Æ 


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