[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3573 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 3573

    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 SENATE OF THE UNITED STATES

                             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

_______________________________________________________________________

                                 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'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).
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