S.Amdt. 1164

SA 1164. Mr. PORTMAN submitted an amendment intended to be proposed
to amendment SA 891 proposed by Mr. Schumer (for himself, Mr. Wyden,
Mrs. Murray, Mr. Brown, Mr. Peters, Mr. Cardin, Ms. Cantwell, Ms.
Stabenow, Mr. Tester, Mr. Menendez, Mr. Schatz, Mr. Carper, Mr. Leahy,
and Mr. Sanders) to the bill H.R. 1319, to provide for reconciliation
pursuant to title II of S. Con. Res. 5; which was ordered to lie on the
table; as follows:

At the end of title IV, add the following:

SEC. 4___. PERSONAL PROTECTIVE EQUIPMENT.

(a) Funding.--In addition to amounts otherwise available,
there is appropriated to the Federal Emergency Management
Agency for fiscal year 2021, out of any money in the Treasury
not otherwise appropriated, $100,000,000, to remain available
until September 30, 2025, for the reimbursement of purchases
of personal protective equipment made in the United States.
(b) Uses.--
(1) In general.--Except as provided in paragraph (2),
``personal protective equipment made in the United States''
shall mean personal protective equipment that--
(A) is grown, reprocessed, reused, or produced in the
United States; and
(B) when assembled outside the United States, contains only
materials and components that are grown, reprocessed, reused,
or produced in the United States.
(2) Exception.--Paragraph (1) shall not apply to an item of
personal protective equipment, or component, or material
thereof--
(A) 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;
(B) as to which the Administrator of the Federal Emergency
Management Agency determines that a sufficient quantity of a
satisfactory quality that is grown, reprocessed, reused, or
produced in the United States cannot be procured; or
(C) if, after maximizing to the extent feasible sources
consistent with this paragraph, the Administrator of the
Federal Emergency Management Agency certifies, not less
frequently than once every 120 days, that it is necessary to
procure personal protective equipment under alternate
procedures to respond to the immediate needs of a public
health emergency.
(3) Requirement.--This subsection shall be applied in a
manner consistent with United States obligations under
international agreements.
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