Domestic SUPPLY Act of 2023

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. 1. Short title This Act may be cited as the Domestic Security Using Production Partnerships and Lessons from Yesterday Act of 2023 Domestic SUPPLY Act of 2023 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) (C) be priced using fair-market benchmarks established by the Secretary. (e) Definitions In this section: (1) The term public health emergency 42 U.S.C. 247d (2) The term Secretary 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. 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.

Summary: Domestic Security Using Production Partnerships and Lessons from Yesterday Act of 2023 or the Domestic SUPPLY Act of 2023 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. 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. 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. 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.