,,ii #aaith ,,congress #b;d ,session ,s4 #ebci ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #d1 #bjbf,mr4 ,moreno introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to ensure that nitrile glove procurements comply with the requirements of the ,make ,,ppe in ,america ,act1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,american ,glove ,act of #bjbf4 #b4 ,definitions ,in this ,act3 7#a7 ,ability,one ,program ,the term ,ability,one ,program means the program carried out under chapter #he of title #da1 ,united ,states ,code4 7#b7 ,covered agency ,the term covered agency means the ,department of ,homeland ,security1 the ,department of ,health and ,human ,services1 the ,department of ,veterans ,affairs1 the ,department of ,defense1 and any other executive agency that procures covered nitrile gloves through a governmentwide acquisition contract1 blanket purchase agreement1 indefinite delivery_/indefinite quantity contract1 prime vendor arrangement1 ,ability,one contract1 or other shared procurement vehicle4 7#c7 ,covered nitrile glove ,the term covered nitrile glove means a nitrile examination glove1 or other non-surgical nitrile glove procured by the ,federal ,government for medical1 public health1 emergency response1 homeland security1 laboratory1 biodefense1 or other protective use4 7#d7 ,covered procurement vehicle ,the term covered procurement vehicle means any contract1 order1 blanket purchase agreement1 indefinite delivery_/indefinite quantity contract1 governmentwide acquisition contract1 prime vendor arrangement1 distribution arrangement1 ,procurement ,list designation1 authorized distributor arrangement1 or other acquisition mechanism used by a covered agency to procure covered nitrile gloves through or in coordination with the ,ability,one ,program4 7#e7 ,qualified domestic manufacturer ,the term qualified domestic manufacturer means an entity that-- 7,a7 manufactures covered nitrile gloves in the ,united ,states2 7,b7 is majority-owned and controlled by ,united ,states persons2 7,c7 is not owned1 controlled1 or subject to significant influence1 directly or indirectly1 by a foreign entity of concern1 including through subsidiaries1 affiliates1 joint ventures1 financing arrangements1 licensing arrangements1 or contractual arrangements2 and 7,d7 has the demonstrated capacity to manufacture covered nitrile gloves at commercial scale in the ,united ,states4 7#f7 ,manufacture ,the term manufacture-- 7,a7 means performing the principal production processes necessary to produce covered nitrile gloves as the end item procured by the ,federal ,government1 including forming1 dipping1 curing1 finishing1 testing1 and packaging such gloves2 and 7,b7 does not include activities consisting primarily of resale1 brokerage1 distribution1 warehousing1 order fulfillment1 relabeling1 repackaging1 reboxing1 kitting1 invoicing1 shipping1 inspection1 or other administrative or logistical handling of gloves manufactured by another entity4 7#g7 ,supplier agreement ,the term supplier agreement means a written agreement between an ,ability,one participating nonprofit agency1 central nonprofit agency1 authorized ,ability,one distributor1 prime contractor1 or other entity responsible for furnishing covered nitrile gloves to the ,federal ,government and a qualified domestic manufacturer that-- 7,a7 has a term of not less than two years2 7,b7 includes a binding minimum purchase commitment1 minimum order quantity1 or other enforceable commercially reasonable demand commitment sufficient to support domestic production planning and investment2 7,c7 establishes pricing1 delivery1 quality assurance1 and performance requirements2 7,d7 identifies the qualified domestic manufacturer and the ,united ,states manufacturing facility that will manufacture the covered nitrile gloves2 7,e7 provides that covered nitrile gloves furnished under the agreement may not be substituted with products manufactured by another manufacturer unless approved by the covered agency through a modification of the supplier agreement2 and 7,f7 is enforceable directly between the contracting entity and the qualified domestic manufacturer4 #c4 ,application of ,make ,,ppe in ,america ,act to ,ability,one-based nitrile glove procurements 7a7 ,in general ,if a covered agency procures covered nitrile gloves through a covered procurement vehicle1 the agency shall ensure that such vehicle is structured to comply with the domestic sourcing and long-term contracting requirements contained in section #gjiec of the ,make ,,ppe in ,america ,act 7subtitle ,c of title ,,ix of ,public ,law #aag-eh2 #ace ,stat4 #acac74 7b7 ,supplier agreement requirement ,a covered procurement vehicle may be used to furnish covered nitrile gloves to a covered agency if the vehicle includes1 or is modified to include1 one or more supplier agreements with qualified domestic manufacturers that satisfy the requirements of this ,act4 ,such supplier agreements may be incorporated through an existing ,ability,one arrangement1 authorized distributor arrangement1 prime vendor arrangement1 contract modification1 ordering procedure1 or other lawful procurement mechanism4 7c7 ,duration ,each supplier agreement required under subsection 7b7 shall have a term of not less than two years4 7d7 ,exclusive domestic manufacturing requirement ,covered nitrile gloves furnished under a covered procurement vehicle shall be manufactured exclusively by qualified domestic manufacturers4 7e7 ,no avoidance through intermediary contracting ,a covered agency may not treat the use of an ,ability,one contract1 central nonprofit agency arrangement1 authorized distributor arrangement1 prime vendor arrangement1 or other intermediary contract structure as satisfying the long-term contracting purposes of the ,make ,,ppe in ,america ,act 7subtitle ,c of title ,,ix of ,public ,law #aag-eh7 unless the qualified domestic manufacturer of the covered nitrile gloves receives a supplier agreement meeting the requirements of this ,act4 7f7 ,manufacturer continuity requirement ,a covered procurement vehicle shall continue to source covered nitrile gloves from the qualified domestic manufacturer identified in the applicable supplier agreement throughout the term of that agreement unless-- 7#a7 the qualified domestic manufacturer consents in writing2 7#b7 the covered agency determines that the manufacturer has materially failed to perform under the supplier agreement2 7#c7 another exception applies as provided by ,federal procurement law2 or 7#d7 any substitution of the qualified domestic manufacturer shall require a written modification to the supplier agreement and shall be documented in the contract file4 #d4 ,ownership and control requirement 7a7 ,in general ,a manufacturer may not qualify as a qualified domestic manufacturer under this ,act unless the manufacturer is majority-owned and controlled by ,united ,states persons4 7b7 ,foreign influence prohibition ,a manufacturer may not qualify as a qualified domestic manufacturer if the manufacturer is owned1 controlled1 or subject to significant influence1 directly or indirectly1 by a foreign entity of concern1 including through-- 7#a7 a parent company1 subsidiary1 affiliate1 or holding company2 7#b7 a joint venture or partnership2 7#c7 a contractual arrangement that gives a foreign entity effective control over production1 pricing1 supply1 intellectual property1 or operations2 7#d7 a financing arrangement that creates material foreign influence over the manufacturer2 7#e7 a technology licensing arrangement that creates material dependence on a foreign entity of concern2 or 7#f7 any other arrangement determined by the head of the covered agency to present a supply chain1 national security1 or domestic manufacturing risk4 #e4 ,certification and enforcement 7#a7 ,in general ,for each covered procurement vehicle1 the covered agency shall make and retain in the contract file a written certification that the vehicle is structured to comply with this ,act1 including that covered nitrile gloves are manufactured in the ,united ,states by qualified domestic manufacturers and that required supplier agreements have a term of not less than two years and include a minimum purchase quantity1 minimum order volume1 or other commercially reasonable demand commitment4 7#b7 ,noncompliance ,if a covered agency determines that a covered procurement vehicle is not in compliance with this ,act1 the agency shall take appropriate corrective action under applicable ,federal procurement law4 7#c7 ,rule of construction ,nothing in this section shall be construed as imposing a separate statutory certification obligation on the ,ability,one ,program1 a qualified nonprofit agency1 a central nonprofit agency1 an authorized distributor1 a prime contractor1 or a qualified domestic manufacturer4 #f4 ,rules of construction regarding procurement sourcing 7a7 ,ability,one preserved ,nothing in this ,act shall be construed to prohibit the use of the ,ability,one ,program for the procurement of covered nitrile gloves4 7b7 ,no displacement required ,nothing in this ,act shall be construed to require a covered agency to remove covered nitrile gloves from the ,procurement ,list or to terminate an ,ability,one arrangement solely because the covered nitrile gloves are supplied through a qualified domestic manufacturer4 7c7 ,domestic manufacturing protected ,nothing in chapter #he of title #da1 ,united ,states ,code1 or any regulation1 contract1 ,procurement ,list designation1 or distribution arrangement under that chapter shall be construed to permit a covered agency to avoid the domestic sourcing1 ownership and control1 certification1 enforcement1 or long-term supplier agreement requirements of this ,act4 #g4 ,implementation 7a7 ,in general ,the head of each covered agency shall implement this ,act through existing procurement authorities and shall ensure that any covered procurement vehicle in effect on or after the date of the enactment of this ,act1 including any vehicle previously entered into1 accepted1 awarded1 expanded1 or made available for use by another ,federal agency1 complies with this ,act4 7b7 ,rule of construction ,nothing in this section shall be construed to require the termination1 cancellation1 or re-competition of an existing covered procurement vehicle if the vehicle can be brought into compliance through modification1 supplier agreements1 ordering procedures1 or other existing procurement authorities4