I 
117TH CONGRESS 
1ST SESSION H. R. 2720 
To provide for domestic sourcing of personal protective equipment, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 21, 2021 
Mr. BUDD introduced the following bill; which was referred to the Committee 
on Energy and Commerce, and in addition to the Committees on Armed 
Services, Veterans’ Affairs, Homeland Security, Education and Labor, 
and Oversight and Reform, 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 provide for domestic sourcing of personal protective 
equipment, and for other purposes. 
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 ‘‘Make PPE in America 
Act’’. 
SEC. 2. FINDINGS. 
Congress makes the following findings: 
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(1) The COVID–19 pandemic has exposed the 
vulnerability of the United States supply chains for, 
and lack of domestic production of, personal protec-
tive 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 govern-
ment’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 Govern-
ment 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 manufac-
turing, long-term contracts must be no shorter than 
three years in duration. 
(6) The United States needs a long-term invest-
ment strategy for the domestic production of PPE 
items critical to the United States national response 
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to a public health crisis, including the COVID–19 
pandemic. 
SEC. 3. REQUIREMENT OF LONG-TERM CONTRACTS FOR 
DOMESTICALLY MANUFACTURED PERSONAL 
PROTECTIVE EQUIPMENT. 
(a) DEFINITIONS.—In this section: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Health, Education, 
Labor and Pensions, the Committee on Fi-
nance, 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 Com-
merce, the Committee on Ways and Means, the 
Committee on Homeland Security, the Com-
mittee on Veterans’ Affairs, and the Committee 
on Armed Services of the House of Representa-
tives. 
(2) COVERED SECRETARY.—The term ‘‘covered 
Secretary’’ means the Secretary of Homeland Secu-
rity, the Secretary of Health and Human Services, 
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the Secretary of Defense, the Secretary of Edu-
cation, and the Secretary of Veterans Affairs. 
(3) 
PERSONAL
PROTECTIVE
EQUIPMENT; 
PPE.—The term ‘‘personal protective equipment’’ or 
‘‘PPE’’ means surgical masks, respirator masks and 
powered air purifying respirators and required fil-
ters, face shields and protective eyewear, gloves, dis-
posable and reusable surgical and isolation gowns, 
and head and foot coverings, or other gear or cloth-
ing used to protect an individual from the trans-
mission of disease. 
(4) 
UNITED
STATES.—The 
term 
‘‘United 
States’’ means the fifty states, the District of Co-
lumbia, and the possessions of the 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 protec-
tive equipment manufacturing in the United States and 
meet the needs of the current pandemic response, any con-
tract for the procurement of personal protective equipment 
entered into by a covered Secretary, or a covered Sec-
retary’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 
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protective equipment and the materials and compo-
nents thereof in the United States; and 
(2) be for personal protective equipment that— 
(A) is grown, reprocessed, reused, or pro-
duced in the United States; and 
(B) when assembled outside the United 
States, contains only materials and components 
that are grown, reprocessed, reused, or pro-
duced in the United States. 
(c) AVAILABILITY EXCEPTION.—Paragraph (2) of 
subsection (b) shall not apply to an item of personal pro-
tective 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 deter-
mines that a sufficient quantity of a satisfactory 
quality that is grown, reprocessed, reused, or pro-
duced 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 nec-
essary to procure personal protective equipment 
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under alternate procedures to respond to the imme-
diate 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 con-
sultation with the covered Secretaries, shall submit 
to the chairs and ranking members of the appro-
priate congressional committees a report on the pro-
curement 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 incentiv- 
ize 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 ac-
tion required to implement the United States 
Government’s procurement strategy. 
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