116th CONGRESS 2d Session |
To require personal protective equipment to be included in the strategic national stockpile, and to require the Federal Government to procure such equipment from United States sources, and for other purposes.
March 24, 2020
Mr. Scott of Florida introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions
To require personal protective equipment to be included in the strategic national stockpile, and to require the Federal Government to procure such equipment from United States sources, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “American-Made Protection for Healthcare Workers and First Responders Act”.
SEC. 2. Inclusion of personal protective equipment in the Strategic National Stockpile.
Section 319F–2(a) of the Public Health Service Act (42 U.S.C. 247d–6b(a)) is amended by adding at the end the following:
“(6) PERSONAL PROTECTIVE EQUIPMENT.—
“(A) IN GENERAL.—The Secretary, in coordination with the Secretary of Homeland Security, shall ensure that the supplies of the strategic national stockpile includes personal protective equipment in a quantity that is sufficient for a 1-year supply during a nationwide pandemic.
“(B) DEFINITION.—In this paragraph, the term ‘personal protective equipment’—
“(i) has the meaning given such term by the Commissioner of Food and Drugs, which includes protective clothing, helmets, gloves, face shields, goggles, facemasks, and other equipment designed to protect the wearer from injury or the spread of infection or illness; and
“(ii) includes ventilators, respirators, disinfecting wipes, and hand sanitizer.
“(7) CONGRESSIONAL BRIEFINGS.—Not later than 180 days after the date of enactment of this paragraph, and every 180 days thereafter until the date that is 5 years after the date of enactment of this paragraph, the Secretary shall provide a briefing to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives on the inventory of drugs, vaccines and other biological products, medical devices, and other supplies in the strategic national stockpile.”.
SEC. 3. National strategic stockpile of personal protective equipment for first responders.
(a) In general.—Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding at the end the following:
“(a) Definitions.—In this section—
“(1) the term ‘first responder’ means a ‘public safety officer’ as defined in section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10284); and
“(2) the term ‘personal protective equipment’—
“(A) has the meaning given such term in paragraph (6) of section 319F–2(a) of the Public Health Service Act (42 U.S.C. 247d–6b(a)); and
“(B) includes such other equipment as determined appropriate by the Secretary.
“(b) Requirement.—The Secretary shall—
“(1) establish and maintain a national strategic stockpile of personal protective equipment for use by first responders during an emergency declared under section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191(b)) or under the National Emergencies Act (50 U.S.C. 1601 et seq.); and
“(2) make such personal protective equipment available, on a reimbursable basis, to first responder agencies.
“(c) Reimbursement.—In lieu of reimbursement from a first responder agency under subsection (b), the Secretary may accept reimbursement from the State, or political subdivision thereof, in which the first responder agency is located.”.
(b) Technical and conforming amendment.—The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107–296; 116 Stat. 2135) is amended by inserting after the item relating to section 528 the following:
“Sec. 529. National strategic stockpile of personal protective equipment for first responders.”.
SEC. 4. Pre-disaster contracts.
The Secretary of Health and Human Services (referred to in this section as the “Secretary”) shall enter into contracts with suppliers of personal protective equipment (as defined in section 319F–2(a)(6)(B) of the Public Health Service Act (as amended by section 2)) for the procurement by the Federal Government of such equipment in the event of a public health emergency declared under section 319 of the Public Health Service Act (42 U.S.C. 247d), under section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191(b)), or under the National Emergencies Act (50 U.S.C. 1601 et seq.).
SEC. 5. Prohibition on procurement of personal protective equipment from covered foreign entities.
(a) Procurement prohibition.—An executive agency may not procure by contract, subcontract, grant, or cooperative agreement any personal protective equipment sourced, manufactured, or assembled in whole or in part by a covered foreign entity. To the extent possible, executive agencies shall procure personal protective equipment sourced, manufactured, or assembled in whole or in part in the United States.
(b) Prohibition on use of Federal funds for foreign procurement.—No Federal funds, whether made available by contract, grant, or cooperative agreement, may be used to procure personal protective equipment sourced, manufactured, or assembled in whole or in part by a covered foreign entity.
(c) Effective date.—The prohibitions under subsections (a) and (b) shall take effect on the date that is one year after the date of the enactment of this Act.
SEC. 6. Ineligibility for Federal contracting as result of unreasonable failure to perform a contract for the procurement of personal protective equipment.
Any Federal contractor or subcontractor determined by the head of an executive agency to have unreasonably failed to perform a contract for the procurement of personal protective equipment shall be ineligible to receive a Federal contract for a period of 10 years following such determination.
In this Act:
(1) COVERED FOREIGN ENTITY.—The term “covered foreign entity” means—
(A) a covered entity designated by the Secretary of Commerce;
(B) an entity included on the Consolidated Screening List;
(C) any entity that is subject to extrajudicial direction from a foreign government, as determined by the Secretary of Homeland Security;
(D) any entity the Secretary of Homeland Security, in coordination with the Director of National Intelligence and the Secretary of Defense, determines poses a national security risk;
(E) any entity domiciled in the People's Republic of China or subject to influence or control by the Government of the People’s Republic of China or the Communist Party of the People’s Republic of China, as determined by the Secretary of Homeland Security; or
(F) any subsidiary or affiliate of an entity described in subparagraphs (A) through (D).
(2) EXECUTIVE AGENCY.—The term “executive agency” has the meaning given the term in section 133 of title 41, United States Code.
(3) PERSONAL PROTECTIVE EQUIPMENT.—The term “personal protective equipment” has the meaning given such term in section 319F–2(a)(6)(B) of the Public Health Service Act (as amended by section 2).