,,ii #aagth ,,congress #ast ,session ,s4 #cjh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #ab1 #bjba,mr4 ,durbin 7for himself and ,mr4 ,cassidy7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to establish a pilot program to address shortages of testing equipment and personal protective equipment through enhanced domestic production1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,protecting ,providers ,everywhere in ,america ,act or the ,,ppe in ,america ,act4 #b4 ,domestic ,,ppe procurement pilot program 7a7 ,in general ,section #cai;,f-#b7;a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#f;b7a77 is amended by adding at the end the following3 7#f7 ,domestic procurement pilot program 7,a7 ,in general 7i7 ,requirement to purchase domestic end products ,for the period of fiscal years #bjbb through #bjbf1 subject to clause 7ii71 the ,secretary shall ensure-- 7,i7 that not less than #dj percent of amounts made available under this section for purposes of procuring covered testing equipment and personal protective equipment for the stockpile under paragraph 7#a7 are allocated to procurement of such equipment that is a domestic end product 7as defined in part #be4jjc of the ,federal ,acquisition ,regulations maintained under section #acjc7;a77#a7 of title #da1 ,united ,states ,code 7or any successor regulations77 manufactured by an entity or entities that enter into a contract with the ,secretary to sell such equipment to the ,secretary for such purpose2 and 7,,ii7 that additional amounts made available under this section for the purposes described in subclause 7,i71 up to #ajj percent of such amounts1 are allocated to procurement of domestic end products as described in subclause 7,i71 provided that1 with respect to any such procurement of domestic end products in excess of the amount required under subclause 7,i71 domestic supply exists and the costs of procuring equipment that is a domestic end product are not unreasonably high compared to other equipment that is not a domestic end product4 7ii7 ,exception ,in the event that there is insufficient domestic end product available for procurement to meet the needs for certain covered testing equipment and personal protective equipment for the stockpile under paragraph 7#a7 while satisfying the requirement of clause 7i77,i71 or that the cost of procuring equipment that is a domestic end product in quantities required under clause 7i77,i7 would be unreasonably high compared to other equipment that is not a domestic end product1 clause 7i77,i7 shall apply with respect to the applicable equipment only to the extent that such equipment that is a domestic end product is available and to the extent that the cost is not unreasonable1 as applicable4 7,b7 ,sale or transfer of ,,ppe 7i7 ,in general ,with respect to any covered testing equipment and personal protective equipment in the stockpile under paragraph 7#a71 the ,secretary-- 7,i7 shall assess the stock of such equipment on a regular basis1 and not less frequently than-- 7aa7 twice per year1 other than during periods described in item 7bb72 or 7bb7 monthly1 during any period in which the ,secretary determines it likely that such equipment will be deployed1 such as during a public health emergency2 7,,ii7 shall communicate to manufacturers and suppliers of such equipment to the stockpile under paragraph 7#a7 if an assessment under subclause 7,i7 indicates that there will be an increased need for such equipment2 7,,iii7 may1 at appropriate intervals and with respect to any such equipment in such stockpile-- 7aa7 transfer such equipment to other agencies or operating divisions within the ,department of ,health and ,human ,services1 or to the ,department of ,defense1 the ,department of ,homeland ,security1 the ,department of ,veterans ,affairs1 or any other ,federal agency or department1 in accordance with the needs of such agencies1 divisions1 or departments2 or 7bb7 sell such equipment to health care facilities at a competitive price1 as determined by the ,secretary1 taking into account the current market pricing for the applicable equipment and the operational budget for the stockpile2 and 7,,iv7 may enter into a contract or cooperative agreement with an entity that has expertise in supply chain logistics and management to carry out the activities described in this subparagraph4 7ii7 ,group purchasing organizations and medical product distributors ,in making sales under clause 7i77,,ii77bb71 the ,secretary may transact with group purchasing organizations and medical product distributors to facilitate timeliness1 logistical assistance1 and appropriate pricing1 and to determine appropriate amounts of covered testing equipment and personal protective equipment for applicable health care facilities4 7iii7 ,compensation to ,,hhs 7,i7 ,transfers from other agencies ,a ,federal agency receiving equipment as described in clause 7i77,,ii77aa7 shall transfer to the ,secretary such amounts as the ,secretary and head of the applicable agency determine to be fair compensation for such equipment4 7,,ii7 ,sales of ,,ppe ,there shall be transferred from the ,treasury to the ,secretary each fiscal year1 for purposes of procuring covered testing equipment and personal protective equipment for the stockpile under paragraph 7#a71 an amount equal to the sum of the amount received in the previous fiscal year from sales described in clause 7i77,,ii77bb74 7,c7 ,vendor-managed inventory ,for purposes of meeting the goals under subparagraph 7,a71 and to promote efficient and predictable operations of the stockpile while mitigating the risk of product expiration or shortages1 the ,secretary may enter into arrangements1 through a competitive bidding process1 with one or more manufacturers of domestic end products to establish and utilize revolving stockpiles of covered testing equipment and personal protective equipment managed and operated by such manufacturer4 ,under such an arrangement-- 7i7 the manufacturer 7or a subcontractor or agent of the manufacturer7-- 7,i7 shall-- 7aa7 produce or procure covered testing equipment or personal protective equipment for the stockpile under paragraph 7#a72 7bb7 maintain constant supply1 possession1 and re-stocking capacity of such equipment in such quantities as the ,secretary requires for purposes of the stockpile under paragraph 7#a72 and 7cc7 fulfill or support the deployment1 distribution1 or dispensing functions of the stockpile at the ,state and local levels1 consistent with paragraph 7#c72 and 7,,ii7 may sell or transfer such equipment for the purposes of the manufacturer's existing inventory and commercial contracts2 and 7ii7 the ,secretary shall-- 7,i7 compensate the manufacturer for the covered testing equipment or personal protective equipment2 and 7,,ii7 pay a management fee1 as appropriate4 7,d7 ,evaluation and report 7i7 ,in general ,the ,secretary shall-- 7,i7 conduct an evaluation of the program under this paragraph2 7,,ii7 not later than #b years after the date of enactment of this paragraph1 submit an interim report to ,congress on such program2 and 7,,iii7 not later than #e years after the date of enactment of this paragraph1 complete such evaluation and submit to ,congress a final report on the program4 7ii7 ,considerations ,the evaluation and reports under clause 7i7 shall consider how the program has impacted the continuity of stockpiling and readiness for the stockpile under paragraph 7#a71 implications of the program on the domestic supply chain1 cost effectiveness of the program1 and access to covered testing equipment and personal protective equipment for the ,federal agencies and health care facilities pursuant to subparagraph 7,b77i77,,ii74 7,e7 ,covered testing equipment and personal protective equipment ,for purposes of this paragraph1 the term covered testing equipment and personal protective equipment means diagnostic supplies 7which may include test kits1 reagents1 and swabs71 respirators1 masks1 gloves1 eye and face protection1 gowns1 and any other appropriate ancillary medical equipment or supplies related to testing or personal protection that meet the ,secretary's requirements for inclusion in the stockpile under paragraph 7#a74 4