The Make PPE in America Act has been signed into law by President Biden as a part of the bipartisan Infrastructure Investment & Jobs Act. The Act is a response to the COVID-19 pandemic and the challenges posed by the global supply chain crisis. The Act requires federal agencies to issue long-term contracts for American-made PPE to onshore the production of personal protective equipment (PPE) in the United States. It will help ensure American workers, health care professionals, and others have the PPE they need, create American manufacturing jobs, and improve America's preparedness for the next pandemic.
The legislation was introduced by the Committee on Homeland Security and Governmental Affairs and requires covered departments to issue PPE contracts that are domestically produced, grown, reprocessed, or reused and at least two years in length. There are exceptions to the two-year minimum duration of PPE contracts and the domestic production requirement for non-availability, which must be re-certified every 120 days by the departmental secretary in case of a public health emergency.
The Make PPE in America Act aims to provide a long-term domestic procurement strategy for PPE during a public health emergency. It also authorizes the transfer of excess PPE to the Strategic National Stockpile and allows DHS to transfer excess PPE or medically necessary equipment to HHS during a public health emergency. Congress must be notified of the transfer, and a determination must be made that the items are excess and that the transfer will not adversely impact DHS.
The DHS has issued a class deviation to implement the Make PPE in America Act, which is effective immediately. This deviation adds Subpart 3025.71 - Make PPE in America Act Restrictions on Foreign Acquisition, announces one special clause, 3052.225-98 Made in America - Personal Protective Equipment (OCT 2022), and announces one special provision, 3052.225-99 Made in America Certificate - Personal Protective Equipment (OCT 2022).
In summary, the Make PPE in America Act will help ensure that the United States is better prepared for the next pandemic. It will strengthen the domestic supply chain for PPE and create good-paying jobs across the country. The Act will provide a long-term domestic procurement strategy for PPE during a public health emergency and will help the United States meet the needs of the current pandemic response.