Full Text
Official text as published. Use Ctrl+F / Cmd+F to search within the document.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5239 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 5239
To ensure that nitrile glove procurements comply with the requirements
of the Make PPE in America Act, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 4, 2026
Mr. Moreno introduced the following bill; 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 Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Glove Act of 2026''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Abilityone program.--The term ``AbilityOne Program''
means the program carried out under chapter 85 of title 41,
United States Code.
(2) Covered agency.--The term ``covered agency'' means the
Department of Homeland Security, the Department of Health and
Human Services, the Department of Veterans Affairs, the
Department of Defense, and any other executive agency that
procures covered nitrile gloves through a governmentwide
acquisition contract, blanket purchase agreement, indefinite
delivery/indefinite quantity contract, prime vendor
arrangement, AbilityOne contract, or other shared procurement
vehicle.
(3) Covered nitrile glove.--The term ``covered nitrile
glove'' means a nitrile examination glove, or other non-
surgical nitrile glove procured by the Federal Government for
medical, public health, emergency response, homeland security,
laboratory, biodefense, or other protective use.
(4) Covered procurement vehicle.--The term ``covered
procurement vehicle'' means any contract, order, blanket
purchase agreement, indefinite delivery/indefinite quantity
contract, governmentwide acquisition contract, prime vendor
arrangement, distribution arrangement, Procurement List
designation, authorized distributor arrangement, or other
acquisition mechanism used by a covered agency to procure
covered nitrile gloves through or in coordination with the
AbilityOne Program.
(5) Qualified domestic manufacturer.--The term ``qualified
domestic manufacturer'' means an entity that--
(A) manufactures covered nitrile gloves in the
United States;
(B) is majority-owned and controlled by United
States persons;
(C) is not owned, controlled, or subject to
significant influence, directly or indirectly, by a
foreign entity of concern, including through
subsidiaries, affiliates, joint ventures, financing
arrangements, licensing arrangements, or contractual
arrangements; and
(D) has the demonstrated capacity to manufacture
covered nitrile gloves at commercial scale in the
United States.
(6) Manufacture.--The term ``manufacture''--
(A) means performing the principal production
processes necessary to produce covered nitrile gloves
as the end item procured by the Federal Government,
including forming, dipping, curing, finishing, testing,
and packaging such gloves; and
(B) does not include activities consisting
primarily of resale, brokerage, distribution,
warehousing, order fulfillment, relabeling,
repackaging, reboxing, kitting, invoicing, shipping,
inspection, or other administrative or logistical
handling of gloves manufactured by another entity.
(7) Supplier agreement.--The term ``supplier agreement''
means a written agreement between an AbilityOne participating
nonprofit agency, central nonprofit agency, authorized
AbilityOne distributor, prime contractor, or other entity
responsible for furnishing covered nitrile gloves to the
Federal Government and a qualified domestic manufacturer that--
(A) has a term of not less than two years;
(B) includes a binding minimum purchase commitment,
minimum order quantity, or other enforceable
commercially reasonable demand commitment sufficient to
support domestic production planning and investment;
(C) establishes pricing, delivery, quality
assurance, and performance requirements;
(D) identifies the qualified domestic manufacturer
and the United States manufacturing facility that will
manufacture the covered nitrile gloves;
(E) 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 agreement; and
(F) is enforceable directly between the contracting
entity and the qualified domestic manufacturer.
SEC. 3. APPLICATION OF MAKE PPE IN AMERICA ACT TO ABILITYONE-BASED
NITRILE GLOVE PROCUREMENTS.
(a) In General.--If a covered agency procures covered nitrile
gloves through a covered procurement vehicle, the agency shall ensure
that such vehicle is structured to comply with the domestic sourcing
and long-term contracting requirements contained in section 70953 of
the Make PPE in America Act (subtitle C of title IX of Public Law 117-
58; 135 Stat. 1313).
(b) Supplier Agreement Requirement.--A covered procurement vehicle
may be used to furnish covered nitrile gloves to a covered agency if
the vehicle includes, or is modified to include, one or more supplier
agreements with qualified domestic manufacturers that satisfy the
requirements of this Act. Such supplier agreements may be incorporated
through an existing AbilityOne arrangement, authorized distributor
arrangement, prime vendor arrangement, contract modification, ordering
procedure, or other lawful procurement mechanism.
(c) Duration.--Each supplier agreement required under subsection
(b) shall have a term of not less than two years.
(d) Exclusive Domestic Manufacturing Requirement.--Covered nitrile
gloves furnished under a covered procurement vehicle shall be
manufactured exclusively by qualified domestic manufacturers.
(e) No Avoidance Through Intermediary Contracting.--A covered
agency may not treat the use of an AbilityOne contract, central
nonprofit agency arrangement, authorized distributor arrangement, prime
vendor arrangement, or other intermediary contract structure as
satisfying the long-term contracting purposes of the Make PPE in
America Act (subtitle C of title IX of Public Law 117-58) unless the
qualified domestic manufacturer of the covered nitrile gloves receives
a supplier agreement meeting the requirements of this Act.
(f) 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--
(1) the qualified domestic manufacturer consents in
writing;
(2) the covered agency determines that the manufacturer has
materially failed to perform under the supplier agreement;
(3) another exception applies as provided by Federal
procurement law; or
(4) any substitution of the qualified domestic manufacturer
shall require a written modification to the supplier agreement
and shall be documented in the contract file.
SEC. 4. OWNERSHIP AND CONTROL REQUIREMENT.
(a) 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 persons.
(b) Foreign Influence Prohibition.--A manufacturer may not qualify
as a qualified domestic manufacturer if the manufacturer is owned,
controlled, or subject to significant influence, directly or
indirectly, by a foreign entity of concern, including through--
(1) a parent company, subsidiary, affiliate, or holding
company;
(2) a joint venture or partnership;
(3) a contractual arrangement that gives a foreign entity
effective control over production, pricing, supply,
intellectual property, or operations;
(4) a financing arrangement that creates material foreign
influence over the manufacturer;
(5) a technology licensing arrangement that creates
material dependence on a foreign entity of concern; or
(6) any other arrangement determined by the head of the
covered agency to present a supply chain, national security, or
domestic manufacturing risk.
SEC. 5. CERTIFICATION AND ENFORCEMENT.
(1) In general.--For each covered procurement vehicle, the
covered agency shall make and retain in the contract file a
written certification that the vehicle is structured to comply
with this Act, 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
quantity, minimum order volume, or other commercially
reasonable demand commitment.
(2) Noncompliance.--If a covered agency determines that a
covered procurement vehicle is not in compliance with this Act,
the agency shall take appropriate corrective action under
applicable Federal procurement law.
(3) Rule of construction.--Nothing in this section shall be
construed as imposing a separate statutory certification
obligation on the AbilityOne Program, a qualified nonprofit
agency, a central nonprofit agency, an authorized distributor,
a prime contractor, or a qualified domestic manufacturer.
SEC. 6. RULES OF CONSTRUCTION REGARDING PROCUREMENT SOURCING.
(a) AbilityOne Preserved.--Nothing in this Act shall be construed
to prohibit the use of the AbilityOne Program for the procurement of
covered nitrile gloves.
(b) 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 AbilityOne arrangement
solely because the covered nitrile gloves are supplied through a
qualified domestic manufacturer.
(c) Domestic Manufacturing Protected.--Nothing in chapter 85 of
title 41, United States Code, or any regulation, contract, Procurement
List designation, or distribution arrangement under that chapter shall
be construed to permit a covered agency to avoid the domestic sourcing,
ownership and control, certification, enforcement, or long-term
supplier agreement requirements of this Act.
SEC. 7. IMPLEMENTATION.
(a) 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 Act, including any vehicle previously entered into,
accepted, awarded, expanded, or made available for use by another
Federal agency, complies with this Act.
(b) Rule of Construction.--Nothing in this section shall be
construed to require the termination, cancellation, or re-competition
of an existing covered procurement vehicle if the vehicle can be
brought into compliance through modification, supplier agreements,
ordering procedures, or other existing procurement authorities.
<all>