Make PPE in America Act

To provide for domestic sourcing of personal protective equipment, and for other purposes. 1. Short title This Act may be cited as the Make PPE in America Act 2. Findings Congress makes the following findings: (1) The COVID–19 pandemic has exposed the vulnerability of the United States supply chains for, and lack of domestic production of, personal protective equipment (PPE). (2) The United States requires a robust, secure, and wholly domestic PPE supply chain to safeguard public health and national security. (3) Issuing a strategy that provides the government’s anticipated needs over the next three years will enable suppliers to assess what changes, if any, are needed in their manufacturing capacity to meet expected demands. (4) In order to foster a domestic PPE supply chain, United States industry needs a strong and consistent demand signal from the Federal Government providing the necessary certainty to expand production capacity investment in the United States. (5) In order to effectively incentivize investment in the United States and the re-shoring of manufacturing, long-term contracts must be no shorter than three years in duration. (6) The United States needs a long-term investment strategy for the domestic production of PPE items critical to the United States national response to a public health crisis, including the COVID–19 pandemic. 3. Requirement of long-term contracts for domestically manufactured personal protective equipment (a) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Health, Education, Labor and Pensions, the Committee on Finance, the Committee on Homeland Security and Governmental Affairs, the Committee on Veterans’ Affairs, and the Committee on Armed Services of the Senate; and (B) the Committee on Energy and Commerce, the Committee on Ways and Means, the Committee on Homeland Security, the Committee on Veterans’ Affairs, and the Committee on Armed Services of the House of Representatives. (2) Covered Secretary The term covered Secretary (3) Personal protective equipment; PPE The term personal protective equipment PPE (4) United States The term United States (b) Contract requirements Beginning 90 days after the date of the enactment of this Act, in order to ensure the sustainment and expansion of personal protective equipment manufacturing in the United States and meet the needs of the current pandemic response, any contract for the procurement of personal protective equipment entered into by a covered Secretary, or a covered Secretary's designee, shall— (1) be issued for a duration of at least 3 years, including a base period and all option periods, to incentivize investment in the production of personal protective equipment and the materials and components thereof in the United States; and (2) be for personal protective equipment that— (A) is grown, reprocessed, reused, or produced in the United States; and (B) when assembled outside the United States, contains only materials and components that are grown, reprocessed, reused, or produced in the United States. (c) Availability exception Paragraph (2) of subsection (b) shall not apply to an item of personal protective equipment, or component or material thereof— (1) that is, or that includes, a material listed in section 25.104 of the Federal Acquisition Regulation as one for which a non-availability determination has been made; (2) as to which the covered Secretary determines that a sufficient quantity of a satisfactory quality that is grown, reprocessed, reused, or produced in the United States cannot be procured as, and when, needed at United States market prices; or (3) if, after maximizing to the extent feasible sources consistent with subsection (b), the covered Secretary certifies every 120 days that it is necessary to procure personal protective equipment under alternate procedures to respond to the immediate needs of a public health emergency. (d) Report (1) In general Not later than 90 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the covered Secretaries, shall submit to the chairs and ranking members of the appropriate congressional committees a report on the procurement of personal protective equipment. (2) Elements The report required under paragraph (1) shall include the following elements: (A) The United States long-term domestic procurement strategy for PPE produced in the United States, including strategies to incentivize investment in and maintain United States supply chains for all PPE sufficient to meet the needs of the United States during a public health emergency. (B) An estimate of long-term demand quantities for all PPE items procured by the United States. (C) Recommendations for congressional action required to implement the United States Government’s procurement strategy. (D) A determination whether all notifications, amendments, and other necessary actions have been completed to bring the United States existing international obligations into conformity with the statutory requirements of this Act. (e) Authorization of transfer of equipment A covered Secretary may transfer to the Strategic National Stockpile established under section 319F–2 of the Public Health Service Act ( 42 U.S.C. 247d–6b (f) Compliance with international agreements This Act shall be applied in a manner consistent with United States obligations under international agreements.

Summary: Make PPE in America Act This bill requires procurement contracts for personal protective equipment (PPE) to be long-term and for domestically manufactured PPE. Specifically, contracts entered into by the Departments of Homeland Security, Health and Human Services, Defense, Education, or Veterans Affairs for the procurement of PPE must be for a duration of at least three years, including a base period and all option periods, to incentivize investment in the production of PPE, and materials and components of PPE, in the United States. The bill provides exceptions (1) where a nonavailability determination has been made, (2) where a sufficient quantity of a satisfactory quality cannot be procured as and when needed at U.S. market prices, and (3) where the department certifies every 120 days that it is necessary to procure PPE under alternate procedures to respond to the immediate needs of a public health emergency. Such departments may transfer to the Strategic National Stockpile any excess PPE acquired under a contract.