Sec. 7. Preserving productive capacity
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Section 2533a(b) of title 10, United States Code, is amended by adding at the end the following: Critical nonpharmaceutical materials identified under section 206 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act. . Subject to subparagraph (B), any covered item purchased by the Secretary of the Department of Veterans Affairs shall be from the United States. For purposes of this subsection, from the United States means that 100 percent of a product is grown, reprocessed, reused, or produced in the United States.
Notwithstanding subparagraph (A), the Secretary may waive the requirements of such subparagraph if the Secretary determines that satisfactory quality and sufficient quantity of any such covered item from the United States cannot be procured as and when needed at United States market prices. This subsection shall not apply to covered items that are or that include materials determined to be non-available in accordance with section 25.104 of title 48 of the Federal Acquisition Regulation.
Paragraph
(1)shall not apply to purchases for amounts not greater than $150,000. 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. The requirements of this subsection shall apply with respect to a purchase of a covered item made pursuant to paragraph
(1)on or after the date of the enactment of this Act. In this subsection, the term covered item means a critical nonpharmaceutical material identified under section 206 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act. Notwithstanding any other provision of law, the Assistant Secretary of Health and Human Services for Preparedness and Response may waive the requirements of section 2533a(b)(5). The Assistant Secretary of Health and Human Services for Preparedness and Response shall issue such regulations as are necessary to implement paragraph (1). In issuing regulations under paragraph (2), the Assistant Secretary of Health and Human Services for Preparedness and Response shall take into account— that American-made products shall be prioritized in purchasing; that the prices to be paid should not be generally within historic norms or in line with current market prices; that when sourcing from foreign countries is necessary, priority should be given to countries with reliable supply chains and longstanding relationships with the United States; and that waivers to purchase foreign-produced goods may be authorized when American-produced goods are not available in sufficient quantities, at reasonable prices, and at satisfactory quality.