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I
116TH CONGRESS
2D SESSION
H. R. 6406
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.
IN THE HOUSE OF REPRESENTATIVES
MARCH 26, 2020
Mr. YOHO (for himself and Mr. SOTO) introduced the following bill; which was
referred to the Committee on Energy and Commerce, and in addition to
the Committees on Oversight and Reform, and Transportation and Infra-
structure, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned
A BILL
To require personal protective equipment to be included in
the strategic national stockpile, and to require the Fed-
eral Government to procure such equipment from United
States sources, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘American-Made Pro-
4
tection for Healthcare Workers and First Responders
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Act’’.
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•HR 6406 IH
SEC. 2. INCLUSION OF PERSONAL PROTECTIVE EQUIP-
1
MENT IN THE STRATEGIC NATIONAL STOCK-
2
PILE.
3
Section 319F–2(a) of the Public Health Service Act
4
(42 U.S.C. 247d–6b(a)) is amended by adding at the end
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the following:
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‘‘(6) PERSONAL PROTECTIVE EQUIPMENT.—
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‘‘(A) IN GENERAL.—The Secretary, in co-
8
ordination with the Secretary of Homeland Se-
9
curity, shall ensure that the supplies of the
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strategic national stockpile includes personal
11
protective equipment in a quantity that is suffi-
12
cient for a 1-year supply during a nationwide
13
pandemic.
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‘‘(B) DEFINITION.—In this paragraph, the
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term ‘personal protective equipment’—
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‘‘(i) has the meaning given such term
17
by the Commissioner of Food and Drugs,
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which includes protective clothing, helmets,
19
gloves, face shields, goggles, facemasks,
20
and other equipment designed to protect
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the wearer from injury or the spread of in-
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fection or illness; and
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‘‘(ii) includes ventilators, respirators,
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disinfecting wipes, and hand sanitizer.
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‘‘(7) CONGRESSIONAL
BRIEFINGS.—Not later
1
than 180 days after the date of enactment of this
2
paragraph, and every 180 days thereafter until the
3
date that is 5 years after the date of enactment of
4
this paragraph, the Secretary shall provide a brief-
5
ing to the Committee on Homeland Security and
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Governmental Affairs of the Senate and the Com-
7
mittee on Homeland Security of the House of Rep-
8
resentatives on the inventory of drugs, vaccines and
9
other biological products, medical devices, and other
10
supplies in the strategic national stockpile.’’.
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SEC. 3. NATIONAL STRATEGIC STOCKPILE OF PERSONAL
12
PROTECTIVE EQUIPMENT FOR FIRST RE-
13
SPONDERS.
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(a) IN GENERAL.—Title V of the Homeland Security
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Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding
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at the end the following:
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‘‘SEC. 529. NATIONAL STRATEGIC STOCKPILE OF PERSONAL
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PROTECTIVE EQUIPMENT FOR FIRST RE-
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SPONDERS.
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‘‘(a) DEFINITIONS.—In this section—
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‘‘(1) the term ‘first responder’ means a ‘public
22
safety officer’ as defined in section 1204 of title I
23
of the Omnibus Crime Control and Safe Streets Act
24
of 1968 (34 U.S.C. 10284); and
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‘‘(2) the term ‘personal protective equipment’—
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‘‘(A) has the meaning given such term in
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paragraph (6) of section 319F–2(a) of the Pub-
3
lic Health Service Act (42 U.S.C. 247d–6b(a));
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and
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‘‘(B) includes such other equipment as de-
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termined appropriate by the Secretary.
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‘‘(b) REQUIREMENT.—The Secretary shall—
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‘‘(1) establish and maintain a national strategic
9
stockpile of personal protective equipment for use by
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first responders during an emergency declared under
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section 501(b) of the Robert T. Stafford Disaster
12
Relief and Emergency Assistance Act (42 U.S.C.
13
5191(b)) or under the National Emergencies Act
14
(50 U.S.C. 1601 et seq.); and
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‘‘(2) make such personal protective equipment
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available, on a reimbursable basis, to first responder
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agencies.
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‘‘(c) REIMBURSEMENT.—In lieu of reimbursement
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from a first responder agency under subsection (b), the
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Secretary may accept reimbursement from the State, or
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political subdivision thereof, in which the first responder
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agency is located.’’.
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(b) TECHNICAL AND CONFORMING AMENDMENT.—
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The table of contents in section 1(b) of the Homeland Se-
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•HR 6406 IH
curity Act of 2002 (Public Law 107–296; 116 Stat. 2135)
1
is amended by inserting after the item relating to section
2
528 the following:
3
‘‘Sec. 529. National strategic stockpile of personal protective equipment for
first responders.’’.
SEC. 4. PRE-DISASTER CONTRACTS.
4
The Secretary of Health and Human Services (re-
5
ferred to in this section as the ‘‘Secretary’’) shall enter
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into contracts with suppliers of personal protective equip-
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ment (as defined in section 319F–2(a)(6)(B) of the Public
8
Health Service Act (as amended by section 2)) for the pro-
9
curement by the Federal Government of such equipment
10
in the event of a public health emergency declared under
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section 319 of the Public Health Service Act (42 U.S.C.
12
247d), under section 501(b) of the Robert T. Stafford Dis-
13
aster Relief and Emergency Assistance Act (42 U.S.C.
14
5191(b)), or under the National Emergencies Act (50
15
U.S.C. 1601 et seq.).
16
SEC. 5. PROHIBITION ON PROCUREMENT OF PERSONAL
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PROTECTIVE EQUIPMENT FROM COVERED
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FOREIGN ENTITIES.
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(a) PROCUREMENT
PROHIBITION.—An executive
20
agency may not procure by contract, subcontract, grant,
21
or cooperative agreement any personal protective equip-
22
ment sourced, manufactured, or assembled in whole or in
23
part by a covered foreign entity. To the extent possible,
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•HR 6406 IH
executive agencies shall procure personal protective equip-
1
ment sourced, manufactured, or assembled in whole or in
2
part in the United States.
3
(b) PROHIBITION ON USE OF FEDERAL FUNDS FOR
4
FOREIGN PROCUREMENT.—No Federal funds, whether
5
made available by contract, grant, or cooperative agree-
6
ment, may be used to procure personal protective equip-
7
ment sourced, manufactured, or assembled in whole or in
8
part by a covered foreign entity.
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(c) EFFECTIVE DATE.—The prohibitions under sub-
10
sections (a) and (b) shall take effect on the date that is
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one year after the date of the enactment of this Act.
12
SEC. 6. INELIGIBILITY FOR FEDERAL CONTRACTING AS RE-
13
SULT OF UNREASONABLE FAILURE TO PER-
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FORM A CONTRACT FOR THE PROCUREMENT
15
OF PERSONAL PROTECTIVE EQUIPMENT.
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Any Federal contractor or subcontractor determined
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by the head of an executive agency to have unreasonably
18
failed to perform a contract for the procurement of per-
19
sonal protective equipment shall be ineligible to receive a
20
Federal contract for a period of 10 years following such
21
determination.
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SEC. 7. DEFINITIONS.
23
In this Act:
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•HR 6406 IH
(1) COVERED
FOREIGN
ENTITY.—The term
1
‘‘covered foreign entity’’ means—
2
(A) a covered entity designated by the Sec-
3
retary of Commerce;
4
(B) an entity included on the Consolidated
5
Screening List;
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(C)
any
entity
that
is
subject
to
7
extrajudicial direction from a foreign govern-
8
ment, as determined by the Secretary of Home-
9
land Security;
10
(D) any entity the Secretary of Homeland
11
Security, in coordination with the Director of
12
National Intelligence and the Secretary of De-
13
fense, determines poses a national security risk;
14
(E) any entity domiciled in the People’s
15
Republic of China or subject to influence or
16
control by the Government of the People Re-
17
public of China or the Communist Party of the
18
People’s Republic of China, as determined by
19
the Secretary of Homeland Security; or
20
(F) any subsidiary or affiliate of an entity
21
described in subparagraphs (A) through (D).
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(2) EXECUTIVE AGENCY.—The term ‘‘executive
23
agency’’ has the meaning given the term in section
24
133 of title 41, United States Code.
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•HR 6406 IH
(3) PERSONAL PROTECTIVE EQUIPMENT.—The
1
term ‘‘personal protective equipment’’ has the mean-
2
ing given such term in section 319F–2(a)(6)(B) of
3
the Public Health Service Act (as amended by sec-
4
tion 2).
5
Æ
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