American-Made Protection for Healthcare Workers and First Responders Act
This bill requires the Department of Health and Human Services to ensure that the strategic national stockpile includes a one-year supply of personal protective equipment (e.g., face masks and gloves). It also requires the Department of Homeland Security to establish a stockpile of such equipment for use by first responder agencies during a declared emergency.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6406 Introduced in House (IH)]
<DOC>
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 Infrastructure, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
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,
SECTION 1. SHORT TITLE.
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:
``SEC. 529. NATIONAL STRATEGIC STOCKPILE OF PERSONAL PROTECTIVE
EQUIPMENT FOR FIRST RESPONDERS.
``(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.
SEC. 7. DEFINITIONS.
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 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).
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Oversight and Reform, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Oversight and Reform, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Oversight and Reform, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Economic Development, Public Buildings, and Emergency Management.
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