What This Bill Does
The bill directs the Secretary of Health and Human Services to create a partnership program with domestic manufacturers to ensure the government has access to personal protective equipment during health emergencies. It also requires the federal government and state and local governments using federal funds to buy this equipment only from manufacturers in the United States, with limited exceptions.
Who It Affects
- The Secretary of Health and Human Services and other federal health agencies
- Domestic manufacturers of personal protective equipment
- State and local governments that receive federal funds
- Healthcare workers and frontline medical professionals
Key Provisions
- The Secretary must establish a program to partner with eligible domestic manufacturers to guarantee availability of personal protective equipment during public health emergencies (Sec. 2(a))
- The Secretary must finalize a process for entering into purchasing agreements with eligible domestic manufacturers within one year of the bill becoming law (Sec. 2(b)(1))
- Eligible manufacturers must be headquartered in the continental United States, manufacture 100 percent of their products in the continental United States, be majority owned and operated by United States citizens, and have written proof their products meet quality standards set by the Centers for Disease Control and Prevention and the Occupational Safety and Health Administration (Sec. 2(c))
- The federal government cannot buy disease-prevention clothing or equipment unless it is manufactured in the United States, except under specific exceptions that already exist in federal law (Sec. 3(a))
- State and local governments cannot buy this equipment with federal funds unless it is manufactured in the United States, except under specific exceptions that already exist in federal law (Sec. 3(b))
What Changes
If this bill becomes law, the government must buy disease-prevention clothing and equipment from manufacturers within the continental United States rather than potentially buying from foreign manufacturers. The government will also develop partnerships with domestic manufacturers to ensure equipment availability during health emergencies.
Important Definitions
- "Public health emergency" means a public health emergency for which an official declaration is in effect under section 319 of the Public Health Service Act (Sec. 2(e)(1))
- "Secretary" means the Secretary of Health and Human Services (Sec. 2(e)(2))
Effective Date
Not specified in bill text
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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•HR 170 IH
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Domestic Security
4
Using Production Partnerships and Lessons from Yester-
5
day Act of 2023’’ or the ‘‘Domestic SUPPLY Act of
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2023’’.
7
SEC. 2. NATIONAL DEFENSE AND HEALTH SECURITY DO-
8
MESTIC
MANUFACTURING
PARTNERSHIP
9
PROGRAM.
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(a) IN GENERAL.—The Secretary, in collaboration
11
with the Assistant Secretary for Preparedness and Re-
12
sponse and the Director of the Centers for Disease Control
13
and Prevention, and in coordination with the Secretary of
14
Defense and the Secretary of Homeland Security, shall es-
15
tablish a program of entering into partnerships with eligi-
16
ble domestic manufacturers to ensure the availability of
17
qualified personal protective equipment for preparing for
18
and responding to public health emergencies.
19
(b) CONTRACTUAL PURCHASING AGREEMENTS.—
20
(1) PROCESS.—Not later than one year after
21
the date of enactment of this Act, the Secretary
22
shall finalize a process for entering into contractual
23
purchasing agreements with eligible domestic manu-
24
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•HR 170 IH
facturers to implement the partnerships described in
1
subsection (a).
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(2) CONTENTS.—The contractual purchasing
3
agreements entered into under this section, collec-
4
tively, shall—
5
(A) guarantee the availability of supplies
6
and manufacturing lines to produce qualified
7
personal protective equipment in amounts speci-
8
fied by the Secretary to prepare for and re-
9
spond to public health emergencies; and
10
(B) fulfill such other requirements as
11
are—
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(i) deemed necessary by the Secretary
13
to prepare for and respond to a public
14
health emergency; and
15
(ii) covered under the contractual pur-
16
chasing agreement.
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(c) ELIGIBLE DOMESTIC MANUFACTURERS.—To be
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eligible to participate in a partnership described in sub-
19
section (a), a manufacturer shall—
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(1) be headquartered in the continental United
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States;
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(2) manufacture in the continental United
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States 100 percent of the products to be supplied to
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•HR 170 IH
the Federal Government pursuant to such partner-
1
ship;
2
(3) be majority owned and operated by United
3
States citizens;
4
(4) have supply agreements in place to verify
5
supply chain security and sourcing; and
6
(5) attest in writing to the fact that the manu-
7
facturer’s entire product lines meet or exceed all ap-
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plicable quality guidelines of the Centers for Disease
9
Control and Prevention and the Occupational Safety
10
and Health Administration.
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(d) QUALIFIED
PERSONAL
PROTECTIVE
EQUIP-
12
MENT.—
13
(1) IN GENERAL.—The Secretary shall main-
14
tain a list of products that are eligible for treatment
15
as qualified personal protective equipment under this
16
section.
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(2) REQUIREMENTS.—To be included on the
18
list under paragraph (1), a product shall—
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(A) meet or exceed all applicable quality
20
guidelines of the Centers for Disease Control
21
and Prevention and the Occupational Safety
22
and Health Administration;
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•HR 170 IH
(B) have been cleared under section 510(k)
1
of the Federal Food, Drug, and Cosmetic Act
2
(21 U.S.C. 360(k)); and
3
(C) be priced using fair-market bench-
4
marks established by the Secretary.
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(e) DEFINITIONS.—In this section:
6
(1) The term ‘‘public health emergency’’ means
7
a public health emergency for which a declaration is
8
in effect under section 319 of the Public Health
9
Service Act (42 U.S.C. 247d).
10
(2) The term ‘‘Secretary’’ means the Secretary
11
of Health and Human Services.
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SEC. 3. DOMESTIC PROCUREMENT OF CLOTHING OR
13
EQUIPMENT USED TO PREVENT THE TRANS-
14
MISSION OF INFECTIOUS DISEASE.
15
(a) PROCUREMENT BY FEDERAL GOVERNMENT.—
16
(1) IN GENERAL.—No clothing or equipment
17
used to prevent the transmission of infectious dis-
18
ease may be procured by the Federal Government
19
unless such clothing or equipment is manufactured
20
in the United States.
21
(2) EXCEPTIONS.—The exceptions in subpara-
22
graphs (A) and (B) of subsection (a)(2) of section
23
8302 of title 41, United States Code, shall apply
24
with respect to the prohibition in paragraph (1) of
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•HR 170 IH
this subsection to the same extent and in the same
1
manner as such exceptions apply with respect to the
2
prohibition in subsection (a)(1) of such section
3
8302.
4
(3) EXCEPTION DOCUMENTATION.—In the case
5
of an exception described in paragraph (2), docu-
6
mentation, including a detailed justification for the
7
use of the exception, shall be submitted by the offi-
8
cial responsible for applying the exception.
9
(b) PROCUREMENT BY STATE AND LOCAL GOVERN-
10
MENTS USING FEDERAL FUNDS.—
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(1) IN GENERAL.—No clothing or equipment
12
described in subsection (a)(1) may be procured by a
13
State or local government using Federal funds un-
14
less such clothing or equipment is manufactured in
15
the United States.
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(2) EXCEPTIONS.—The exceptions in subpara-
17
graphs (A) and (B) of subsection (a)(2) of section
18
8302 of title 41, United States Code, shall apply
19
with respect to the prohibition in paragraph (1) of
20
this subsection to the same extent and in the same
21
manner as such exceptions apply with respect to the
22
prohibition in subsection (a)(1) of such section
23
8302.
24
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•HR 170 IH
(3) EXCEPTION DOCUMENTATION.—In the case
1
of an exception described in paragraph (2), docu-
2
mentation, including a detailed justification for the
3
use of the exception, shall be submitted by the offi-
4
cial responsible for applying the exception.
5
(4) APPLICABILITY.—Paragraph (1) applies
6
only with respect to the award of Federal funds on
7
or after the date of enactment of this Act.
8
SEC. 4. REPORT ON THE IMPACT OF CHANGES TO PPE RE-
9
QUIREMENTS ON FRONTLINE WORKER SAFE-
10
TY.
11
Not later than one year after the date of enactment
12
of this Act, the Secretary of Health and Human Services,
13
in consultation with the Assistant Secretary of Labor for
14
Occupational Safety and Health, shall submit a report to
15
the Congress on—
16
(1) the changes to the Federal requirements ap-
17
plicable to personal protective equipment that have
18
taken place since the beginning of the COVID–19
19
pandemic; and
20
(2) the impact of these changes on the safety
21
of physicians and other medical professionals caring
22
for patients face-to-face during the years 2020 and
23
2021.
24
Æ
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