Domestic SUPPLY Act of 2023

Subjects: Health, Buy American requirements, Cardiovascular and respiratory health, Congressional oversight, Emergency medical services and trauma care, Health personnel, Health promotion and preventive care, Health technology, devices, supplies, Infectious and parasitic diseases, Manufacturing, Product safety and quality, Public contracts and procurement, Public-private cooperation, State and local government operations, Worker safety and health

Summary:  <p><strong>Domestic Security Using Production Partnerships and Lessons from Yesterday Act of 2023 or the Domestic SUPPLY Act of 2023</strong></p> <p>This bill establishes a program and sets out other requirements to promote domestic manufacturing of personal protective equipment (PPE) for infectious diseases and other public health emergencies.</p> <p>The Department of Health and Human Services (HHS) must establish a program to enter into purchasing agreements for PPE produced domestically by manufacturers that are majority-owned and -operated by U.S. citizens. HHS must coordinate with the Department of Defense and the Department of Homeland Security on this program.</p> <p>In addition, the federal government must only procure, subject to limited exceptions, PPE that is produced domestically to prevent the transmission of an infectious disease. If using federal funds, states or localities must also procure PPE domestically.</p> <p>Further, the bill requires HHS to consult with the Occupational Safety and Health Administration on a report about changes to federal requirements for PPE during the COVID-19 pandemic and the impact of those changes on health care workers who cared for patients in 2020 and 2021.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 170 Introduced in House (IH)]

&lt;DOC&gt;






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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Domestic Security Using Production 
Partnerships and Lessons from Yesterday Act of 2023'' or the ``Domestic 
SUPPLY Act of 2023''.

SEC. 2. NATIONAL DEFENSE AND HEALTH SECURITY DOMESTIC MANUFACTURING 
              PARTNERSHIP PROGRAM.

    (a) In General.--The Secretary, 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, shall 
establish a program of entering into partnerships with eligible 
domestic manufacturers to ensure the availability of qualified personal 
protective equipment for preparing for and responding to public health 
emergencies.
    (b) Contractual Purchasing Agreements.--
            (1) Process.--Not later than one year after the date of 
        enactment of this Act, the Secretary shall finalize a process 
        for entering into contractual purchasing agreements with 
        eligible domestic manufacturers to implement the partnerships 
        described in subsection (a).
            (2) Contents.--The contractual purchasing agreements 
        entered into under this section, collectively, shall--
                    (A) guarantee the availability of supplies and 
                manufacturing lines to produce qualified personal 
                protective equipment in amounts specified by the 
                Secretary to prepare for and respond to public health 
                emergencies; and
                    (B) fulfill such other requirements as are--
                            (i) deemed necessary by the Secretary to 
                        prepare for and respond to a public health 
                        emergency; and
                            (ii) covered under the contractual 
                        purchasing agreement.
    (c) Eligible Domestic Manufacturers.--To be eligible to participate 
in a partnership described in subsection (a), a manufacturer shall--
            (1) be headquartered in the continental United States;
            (2) manufacture in the continental United States 100 
        percent of the products to be supplied to the Federal 
        Government pursuant to such partnership;
            (3) be majority owned and operated by United States 
        citizens;
            (4) have supply agreements in place to verify supply chain 
        security and sourcing; and
            (5) attest in writing to the fact that the manufacturer's 
        entire product lines meet or exceed all applicable quality 
        guidelines of the Centers for Disease Control and Prevention 
        and the Occupational Safety and Health Administration.
    (d) Qualified Personal Protective Equipment.--
            (1) In general.--The Secretary shall maintain a list of 
        products that are eligible for treatment as qualified personal 
        protective equipment under this section.
            (2) Requirements.--To be included on the list under 
        paragraph (1), a product shall--
                    (A) meet or exceed all applicable quality 
                guidelines of the Centers for Disease Control and 
                Prevention and the Occupational Safety and Health 
                Administration;
                    (B) have been cleared under section 510(k) of the 
                Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
                360(k)); and
                    (C) be priced using fair-market benchmarks 
                established by the Secretary.
    (e) Definitions.--In this section:
            (1) The term ``public health emergency'' means a public 
        health emergency for which a declaration is in effect under 
        section 319 of the Public Health Service Act (42 U.S.C. 247d).
            (2) The term ``Secretary'' means the Secretary of Health 
        and Human Services.

SEC. 3. DOMESTIC PROCUREMENT OF CLOTHING OR EQUIPMENT USED TO PREVENT 
              THE TRANSMISSION OF INFECTIOUS DISEASE.

    (a) Procurement by Federal Government.--
            (1) In general.--No clothing or equipment used to prevent 
        the transmission of infectious disease may be procured by the 
        Federal Government unless such clothing or equipment is 
        manufactured in the United States.
            (2) Exceptions.--The exceptions in subparagraphs (A) and 
        (B) of subsection (a)(2) of section 8302 of title 41, United 
        States Code, shall apply with respect to the prohibition in 
        paragraph (1) of this subsection to the same extent and in the 
        same manner as such exceptions apply with respect to the 
        prohibition in subsection (a)(1) of such section 8302.
            (3) Exception documentation.--In the case of an exception 
        described in paragraph (2), documentation, including a detailed 
        justification for the use of the exception, shall be submitted 
        by the official responsible for applying the exception.
    (b) Procurement by State and Local Governments Using Federal 
Funds.--
            (1) In general.--No clothing or equipment described in 
        subsection (a)(1) may be procured by a State or local 
        government using Federal funds unless such clothing or 
        equipment is manufactured in the United States.
            (2) Exceptions.--The exceptions in subparagraphs (A) and 
        (B) of subsection (a)(2) of section 8302 of title 41, United 
        States Code, shall apply with respect to the prohibition in 
        paragraph (1) of this subsection to the same extent and in the 
        same manner as such exceptions apply with respect to the 
        prohibition in subsection (a)(1) of such section 8302.
            (3) Exception documentation.--In the case of an exception 
        described in paragraph (2), documentation, including a detailed 
        justification for the use of the exception, shall be submitted 
        by the official responsible for applying the exception.
            (4) Applicability.--Paragraph (1) applies only with respect 
        to the award of Federal funds on or after the date of enactment 
        of this Act.

SEC. 4. REPORT ON THE IMPACT OF CHANGES TO PPE REQUIREMENTS ON 
              FRONTLINE WORKER SAFETY.

    Not later than one year after the date of enactment of this Act, 
the Secretary of Health and Human Services, in consultation with the 
Assistant Secretary of Labor for Occupational Safety and Health, shall 
submit a report to the Congress on--
            (1) the changes to the Federal requirements applicable to 
        personal protective equipment that have taken place since the 
        beginning of the COVID-19 pandemic; and
            (2) the impact of these changes on the safety of physicians 
        and other medical professionals caring for patients face-to-
        face during the years 2020 and 2021.
                                 &lt;all&gt;
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