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 Home-
land 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 Com-
mittee 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 Pre-
paredness 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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Be it enacted by the Senate and House of Representa-
tives 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 Yester-
day Act of 2023’’ or the ‘‘Domestic SUPPLY Act of 
2023’’. 
SEC. 2. NATIONAL DEFENSE AND HEALTH SECURITY DO-
MESTIC 
MANUFACTURING 
PARTNERSHIP 
PROGRAM. 
(a) IN GENERAL.—The Secretary, in collaboration 
with the Assistant Secretary for Preparedness and Re-
sponse 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 es-
tablish a program of entering into partnerships with eligi-
ble 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 manu-
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the Federal Government pursuant to such partner-
ship; 
(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 manu-
facturer’s entire product lines meet or exceed all ap-
plicable quality guidelines of the Centers for Disease 
Control and Prevention and the Occupational Safety 
and Health Administration. 
(d) QUALIFIED
PERSONAL
PROTECTIVE
EQUIP-
MENT.— 
(1) IN GENERAL.—The Secretary shall main-
tain 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; 
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(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 bench-
marks 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 TRANS-
MISSION OF INFECTIOUS DISEASE. 
(a) PROCUREMENT BY FEDERAL GOVERNMENT.— 
(1) IN GENERAL.—No clothing or equipment 
used to prevent the transmission of infectious dis-
ease may be procured by the Federal Government 
unless such clothing or equipment is manufactured 
in the United States. 
(2) EXCEPTIONS.—The exceptions in subpara-
graphs (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 
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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), docu-
mentation, including a detailed justification for the 
use of the exception, shall be submitted by the offi-
cial responsible for applying the exception. 
(b) PROCUREMENT BY STATE AND LOCAL GOVERN-
MENTS 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 un-
less such clothing or equipment is manufactured in 
the United States. 
(2) EXCEPTIONS.—The exceptions in subpara-
graphs (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. 
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(3) EXCEPTION DOCUMENTATION.—In the case 
of an exception described in paragraph (2), docu-
mentation, including a detailed justification for the 
use of the exception, shall be submitted by the offi-
cial 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 RE-
QUIREMENTS ON FRONTLINE WORKER SAFE-
TY. 
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 ap-
plicable 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. 
Æ 
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