This bill prohibits the Department of Defense (DOD) from procuring any covered item from the Democratic People's Republic of North Korea, the People's Republic of China, the Russian Federation, or the Islamic Republic of Iran. Under the bill, covered items include sanitizing and disinfecting wipes, testing swabs, gauze, bandages, and personal protective equipment for use in preventing the spread of disease and the materials and components thereof.
The bill provides for an exception to the prohibition in circumstances where (1) DOD determines that covered materials of satisfactory quality and quantity cannot be procured from other nations at a specified time and reasonable price, (2) the procurement of covered items is for use outside of the United States, or (3) the purchase is for amounts not greater than $150,000. However, a proposed purchase or contract for an amount greater than $150,000 may not be divided into multiple purchases or contracts for lesser amounts to qualify for an exception.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5147 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 5147
To prohibit the Secretary of Defense from procuring personal protective
equipment from certain non-allied foreign nations, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 31, 2021
Mr. Wittman introduced the following bill; which was referred to the
Committee on Armed Services
_______________________________________________________________________
A BILL
To prohibit the Secretary of Defense from procuring personal protective
equipment from certain non-allied foreign nations, 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. PROHIBITION ON PROCUREMENT OF PERSONAL PROTECTIVE EQUIPMENT
FROM NON-ALLIED FOREIGN NATIONS.
(a) Prohibition.--
(1) In general.--Chapter 137 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2339d. Prohibition on procurement of personal protective
equipment and certain other items from non-allied foreign
nations
``(a) In General.--Except as provided in subsection (c), the
Secretary of Defense may not procure any covered item from any covered
nation.
``(b) Applicability.--Subsection (a) shall apply to prime contracts
and subcontracts at any tier.
``(c) Exceptions.--
``(1) In general.--Subsection (a) does not apply under the
following circumstances:
``(A) If the Secretary of Defense determines that
covered materials of satisfactory quality and quantity,
in the required form, cannot be procured as and when
needed from nations other than covered nations to meet
requirements at a reasonable price.
``(B) The procurement of a covered item for use
outside of the United States.
``(C) Purchases for amounts not greater than
$150,000.
``(2) Limitation.--A proposed purchase or contract for an
amount greater than $150,000 may not be divided into several
purchases or contracts for lesser amounts in order to qualify
for this exception.
``(d) Definitions.--In this section:
``(1) Covered item.--The term `covered item' means an
article or item of--
``(A) personal protective equipment for use in
preventing spread of disease, such as by exposure to
infected individuals or contamination or infection by
infectious material (including surgical masks,
respirator masks and powered air purifying respirators
and required filters, face shields and protective
eyewear, surgical and isolation gowns, and head and
foot coverings) or clothing, and the materials and
components thereof, other than sensors, electronics, or
other items added to and not normally associated with
such personal protective equipment or clothing; or
``(B) sanitizing and disinfecting wipes, testing
swabs, gauze, and bandages.
``(2) Covered nation.--The term `covered nation' means--
``(A) the Democratic People's Republic of North
Korea;
``(B) the People's Republic of China;
``(C) the Russian Federation; and
``(D) the Islamic Republic of Iran.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2339c the following:
``2339d. Prohibition on procurement of personal protective equipment
and certain other items from non-allied
foreign nations.''.
(b) Future Transfer.--
(1) Transfer and redesignation.--Section 2339d of title 10,
United States Code, as added by subsection (a), is transferred
to subchapter I of chapter 283 of such title, added after
section 3881, as transferred and redesignated by section
1837(b) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283),
and redesignated as section 3882.
(2) Clerical amendments.--
(A) Target chapter table of sections.--The table of
sections at the beginning of chapter 283 of title 10,
United States Code, as added by section 1837(a) of the
William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-
283), is amended by inserting after the item related to
section 3881 the following new item:
``3882. Prohibition on procurement of personal protective equipment and
certain other items from non-allied foreign
nations.''.
(B) Origin chapter table of sections.--The table of
sections at the beginning of chapter 137 of title 10,
United States Code, as amended by subsection (a), is
further amended by striking the item relating to
section 2339d.
(3) Effective date.--The transfer, redesignation, and
amendments made by this subsection shall take effect on January
1, 2022.
(4) References; savings provision; rule of construction.--
Sections 1883 through 1885 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116-283) shall apply with respect to the transfers,
redesignations, and amendments made under this subsection as if
such transfers, redesignations, and amendments were made under
title XVIII of such Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Armed Services.
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