I 

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. 


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•HR 170 IH

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 ‘‘Domestic Security 

5 Using Production Partnerships and Lessons from Yester6 day Act of 2023’’ or the ‘‘Domestic SUPPLY Act of 

7 2023’’. 

8 SEC. 2. NATIONAL DEFENSE AND HEALTH SECURITY DO9 MESTIC MANUFACTURING PARTNERSHIP 

10 PROGRAM. 

11 (a) IN GENERAL.—The Secretary, in collaboration 

12 with the Assistant Secretary for Preparedness and Re13 sponse and the Director of the Centers for Disease Control 

14 and Prevention, and in coordination with the Secretary of 

15 Defense and the Secretary of Homeland Security, shall es16 tablish a program of entering into partnerships with eligi17 ble domestic manufacturers to ensure the availability of 

18 qualified personal protective equipment for preparing for 

19 and responding to public health emergencies. 

20 (b) CONTRACTUAL PURCHASING AGREEMENTS.— 

21 (1) PROCESS.—Not later than one year after 

22 the date of enactment of this Act, the Secretary 

23 shall finalize a process for entering into contractual 

24 purchasing agreements with eligible domestic manuVerDate Sep 11 2014 22:12 Jan 18, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H170.IH H170

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1 facturers to implement the partnerships described in 

2 subsection (a). 

3 (2) CONTENTS.—The contractual purchasing 

4 agreements entered into under this section, collec5 tively, shall— 

6 (A) guarantee the availability of supplies 

7 and manufacturing lines to produce qualified 

8 personal protective equipment in amounts speci9 fied by the Secretary to prepare for and re10 spond to public health emergencies; and 

11 (B) fulfill such other requirements as 

12 are— 

13 (i) deemed necessary by the Secretary 

14 to prepare for and respond to a public 

15 health emergency; and 

16 (ii) covered under the contractual pur17 chasing agreement. 

18 (c) ELIGIBLE DOMESTIC MANUFACTURERS.—To be 

19 eligible to participate in a partnership described in sub20 section (a), a manufacturer shall— 

21 (1) be headquartered in the continental United 

22 States; 

23 (2) manufacture in the continental United 

24 States 100 percent of the products to be supplied to 


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1 the Federal Government pursuant to such partner2 ship; 

3 (3) be majority owned and operated by United 

4 States citizens; 

5 (4) have supply agreements in place to verify 

6 supply chain security and sourcing; and 

7 (5) attest in writing to the fact that the manu8 facturer’s entire product lines meet or exceed all ap9 plicable quality guidelines of the Centers for Disease 

10 Control and Prevention and the Occupational Safety 

11 and Health Administration. 

12 (d) QUALIFIED PERSONAL PROTECTIVE EQUIP13 MENT.— 

14 (1) IN GENERAL.—The Secretary shall main15 tain a list of products that are eligible for treatment 

16 as qualified personal protective equipment under this 

17 section. 

18 (2) REQUIREMENTS.—To be included on the 

19 list under paragraph (1), a product shall— 

20 (A) meet or exceed all applicable quality 

21 guidelines of the Centers for Disease Control 

22 and Prevention and the Occupational Safety 

23 and Health Administration; 


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1 (B) have been cleared under section 510(k) 

2 of the Federal Food, Drug, and Cosmetic Act 

3 (21 U.S.C. 360(k)); and 

4 (C) be priced using fair-market bench5 marks established by the Secretary. 

6 (e) DEFINITIONS.—In this section: 

7 (1) The term ‘‘public health emergency’’ means 

8 a public health emergency for which a declaration is 

9 in effect under section 319 of the Public Health 

10 Service Act (42 U.S.C. 247d). 

11 (2) The term ‘‘Secretary’’ means the Secretary 

12 of Health and Human Services. 

13 SEC. 3. DOMESTIC PROCUREMENT OF CLOTHING OR 

14 EQUIPMENT USED TO PREVENT THE TRANS15 MISSION OF INFECTIOUS DISEASE. 

16 (a) PROCUREMENT BY FEDERAL GOVERNMENT.— 

17 (1) IN GENERAL.—No clothing or equipment 

18 used to prevent the transmission of infectious dis19 ease may be procured by the Federal Government 

20 unless such clothing or equipment is manufactured 

21 in the United States. 

22 (2) EXCEPTIONS.—The exceptions in subpara23 graphs (A) and (B) of subsection (a)(2) of section 

24 8302 of title 41, United States Code, shall apply 

25 with respect to the prohibition in paragraph (1) of 


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1 this subsection to the same extent and in the same 

2 manner as such exceptions apply with respect to the 

3 prohibition in subsection (a)(1) of such section 

4 8302. 

5 (3) EXCEPTION DOCUMENTATION.—In the case 

6 of an exception described in paragraph (2), docu7 mentation, including a detailed justification for the 

8 use of the exception, shall be submitted by the offi9 cial responsible for applying the exception. 

10 (b) PROCUREMENT BY STATE AND LOCAL GOVERN11 MENTS USING FEDERAL FUNDS.— 

12 (1) IN GENERAL.—No clothing or equipment 

13 described in subsection (a)(1) may be procured by a 

14 State or local government using Federal funds un15 less such clothing or equipment is manufactured in 

16 the United States. 

17 (2) EXCEPTIONS.—The exceptions in subpara18 graphs (A) and (B) of subsection (a)(2) of section 

19 8302 of title 41, United States Code, shall apply 

20 with respect to the prohibition in paragraph (1) of 

21 this subsection to the same extent and in the same 

22 manner as such exceptions apply with respect to the 

23 prohibition in subsection (a)(1) of such section 

24 8302. 


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1 (3) EXCEPTION DOCUMENTATION.—In the case 

2 of an exception described in paragraph (2), docu3 mentation, including a detailed justification for the 

4 use of the exception, shall be submitted by the offi5 cial responsible for applying the exception. 

6 (4) APPLICABILITY.—Paragraph (1) applies 

7 only with respect to the award of Federal funds on 

8 or after the date of enactment of this Act. 

9 SEC. 4. REPORT ON THE IMPACT OF CHANGES TO PPE RE10 QUIREMENTS ON FRONTLINE WORKER SAFE11 TY. 

12 Not later than one year after the date of enactment 

13 of this Act, the Secretary of Health and Human Services, 

14 in consultation with the Assistant Secretary of Labor for 

15 Occupational Safety and Health, shall submit a report to 

16 the Congress on— 

17 (1) the changes to the Federal requirements ap18 plicable to personal protective equipment that have 

19 taken place since the beginning of the COVID–19 

20 pandemic; and 

21 (2) the impact of these changes on the safety 

22 of physicians and other medical professionals caring 

23 for patients face-to-face during the years 2020 and 

24 2021. 

Æ 


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