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116TH CONGRESS
2D SESSION
H. R. 7989
To direct the Secretary of Health and Human Services to ensure that counter-
measures or products procured for the national strategic stockpile are
grown, reprocessed, reused, or produced in the United States, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 7, 2020
Mr. TRONE (for himself and Mr. CRAWFORD) introduced the following bill;
which was referred to the Committee on Energy and Commerce
A BILL
To direct the Secretary of Health and Human Services to
ensure that countermeasures or products procured for
the national strategic stockpile are grown, reprocessed,
reused, or produced in the United States, and for other
purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘American Made Stra-
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tegic National Stockpile Act of 2020’’.
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SEC. 2. ADDITIONAL PROCUREMENT REQUIREMENT FOR
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STRATEGIC NATIONAL STOCKPILE.
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(a) UNITED STATES-MADE REQUIREMENT.—Section
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319F–2(a)(3) of the Public Health Service Act (42 U.S.C.
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247d–6b(a)(3)) is amended—
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(1) in subparagraph (I), by striking ‘‘and’’ at
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the end;
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(2) in subparagraph (J), by striking the period
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at the end and inserting ‘‘; and’’; and
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(3) by adding at the end the following:
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‘‘(K) ensure that countermeasures or prod-
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ucts procured for the stockpile are grown, re-
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processed, reused, or produced in the United
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States, unless such countermeasure or product
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meets an exception under paragraph (6).’’.
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(b) EXCEPTIONS.—Section 319F–2(a) of the Public
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Health Service Act (42 U.S.C. 247d–6b(a)) is amended
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by adding at the end the following:
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‘‘(6) PROCUREMENT
EXCEPTIONS
AND
ADDI-
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TIONAL REQUIREMENT.—
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‘‘(A)
AVAILABILITY.—The
requirement
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under paragraph (3)(K) may not apply to a
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countermeasure or product that—
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‘‘(i) is, or includes, a material deter-
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mined to be nonavailable under the Fed-
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eral Acquisition Regulation (as defined in
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•HR 7989 IH
section 2302 of title 10, United States
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Code); or
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‘‘(ii) is not—
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‘‘(I) available as determined by
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the Secretary;
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‘‘(II) of sufficient quality; and
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‘‘(III) available at market price.
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‘‘(B) SMALL
PURCHASES.—The require-
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ment under paragraph (3)(K) shall not apply to
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a countermeasure or product that has a pur-
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chase amount that is equal to or less than
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$150,000. Such amount may not be divided
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into multiple purchases to meet the exception
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under this subparagraph.
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‘‘(C)
NOTIFICATION.—Notwithstanding
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subsection (d), in applying the exceptions under
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this paragraph, the Secretary shall, not later
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than 7 days after procuring a countermeasure
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or product for the stockpile under subsection
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(a), post a notification with respect to such ex-
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ception on a website maintained by the Admin-
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istrator of General Services.’’.
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Æ
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