I 

116TH CONGRESS 

2D SESSION H. R. 8324 

To provide for domestic sourcing of personal protective equipment, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 21, 2020 

Mr. BUDD (for himself and Ms. SCHAKOWSKY) introduced the following bill; 

which was referred to the Committee on Energy and Commerce, and in 

addition to the Committees on Armed Services, Veterans’ Affairs, Homeland Security, Education and Labor, and Oversight and Reform, 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 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: 


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

2 vulnerability of the United States supply chains for, 

3 and lack of domestic production of, personal protec4 tive equipment (PPE). 

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

6 and wholly domestic PPE supply chain to safeguard 

7 public health and national security. 

8 (3) Issuing a strategy that provides the govern9 ment’s anticipated needs over the next three years 

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

11 are needed in their manufacturing capacity to meet 

12 expected demands. 

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

14 chain, United States industry needs a strong and 

15 consistent demand signal from the Federal Govern16 ment providing the necessary certainty to expand 

17 production capacity investment in the United States. 

18 (5) In order to effectively incentivize investment 

19 in the United States and the re-shoring of manufac20 turing, long-term contracts must be no shorter than 

21 three years in duration. 

22 (6) The United States needs a long-term invest23 ment strategy for the domestic production of PPE 

24 items critical to the United States national response 


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

2 pandemic. 

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

4 DOMESTICALLY MANUFACTURED PERSONAL 

5 PROTECTIVE EQUIPMENT. 

6 (a) DEFINITIONS.—In this section: 

7 (1) APPROPRIATE CONGRESSIONAL COMMIT8 TEES.—The term ‘‘appropriate congressional com9 mittees’’ means— 

10 (A) the Committee on Health, Education, 

11 Labor and Pensions, the Committee on Fi12 nance, the Committee on Homeland Security 

13 and Governmental Affairs, the Committee on 

14 Veterans’ Affairs, and the Committee on Armed 

15 Services of the Senate; and 

16 (B) the Committee on Energy and Com17 merce, the Committee on Ways and Means, the 

18 Committee on Homeland Security, the Com19 mittee on Veterans’ Affairs, and the Committee 

20 on Armed Services of the House of Representa21 tives. 

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

23 Secretary’’ means the Secretary of Homeland Secu24 rity, the Secretary of Health and Human Services, 


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1 the Secretary of Defense, the Secretary of Edu2 cation, and the Secretary of Veterans Affairs. 

3 (3) PERSONAL PROTECTIVE EQUIPMENT; 

4 PPE.—The term ‘‘personal protective equipment’’ or 

5 ‘‘PPE’’ means surgical masks, respirator masks and 

6 powered air purifying respirators and required fil7 ters, face shields and protective eyewear, gloves, dis8 posable and reusable surgical and isolation gowns, 

9 and head and foot coverings, or other gear or cloth10 ing used to protect an individual from the trans11 mission of disease. 

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

13 States’’ means the fifty states, the District of Co14 lumbia, and the possessions of the United States. 

15 (b) CONTRACT REQUIREMENTS.—Beginning 90 days 

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

17 ensure the sustainment and expansion of personal protec18 tive equipment manufacturing in the United States and 

19 meet the needs of the current pandemic response, any con20 tract for the procurement of personal protective equipment 

21 entered into by a covered Secretary, or a covered Sec22 retary’s designee, shall— 

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

24 including a base period and all option periods, to 

25 incentivize investment in the production of personal 


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1 protective equipment and the materials and compo2 nents thereof in the United States; and 

3 (2) be for personal protective equipment that— 

4 (A) is grown, reprocessed, reused, or pro5 duced in the United States; and 

6 (B) when assembled outside the United 

7 States, contains only materials and components 

8 that are grown, reprocessed, reused, or pro9 duced in the United States. 

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

11 subsection (b) shall not apply to an item of personal pro12 tective equipment, or component or material thereof— 

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

14 section 25.104 of the Federal Acquisition Regulation 

15 as one for which a non-availability determination has 

16 been made; 

17 (2) as to which the covered Secretary deter18 mines that a sufficient quantity of a satisfactory 

19 quality that is grown, reprocessed, reused, or pro20 duced in the United States cannot be procured as, 

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

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

23 sources consistent with subsection (b), the covered 

24 Secretary certifies every 120 days that it is nec25 essary to procure personal protective equipment 


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1 under alternate procedures to respond to the imme2 diate needs of a public health emergency. 

3 (d) REPORT.— 

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

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

6 of the Office of Management and Budget, in con7 sultation with the covered Secretaries, shall submit 

8 to the chairs and ranking members of the appro9 priate congressional committees a report on the pro10 curement of personal protective equipment. 

11 (2) ELEMENTS.—The report required under 

12 paragraph (1) shall include the following elements: 

13 (A) The United States long-term domestic 

14 procurement strategy for PPE produced in the 

15 United States, including strategies to 

16 incentivize investment in and maintain United 

17 States supply chains for all PPE sufficient to 

18 meet the needs of the United States during a 

19 public health emergency. 

20 (B) An estimate of long-term demand 

21 quantities for all PPE items procured by the 

22 United States. 

23 (C) Recommendations for congressional ac24 tion required to implement the United States 

25 Government’s procurement strategy. 


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1 (D) A determination whether all notifica2 tions, amendments, and other necessary actions 

3 have been completed to bring the United States 

4 existing international obligations into con5 formity with the statutory requirements of this 

6 Act. 

7 (e) AUTHORIZATION OF TRANSFER OF EQUIP8 MENT.—A covered Secretary may transfer to the Strategic 

9 National Stockpile established under section 319F–2 of 

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

11 excess personal protective equipment acquired under a 

12 contract executed pursuant to subsection (b). 

13 (f) COMPLIANCE WITH INTERNATIONAL AGREE14 MENTS.—This Act shall be applied in a manner consistent 

15 with United States obligations under international agree16 ments. 

Æ 


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