Sec. 102. Domestic purchasing requirement for personal protective equipment acquisitions for the Strategic National Stockpile
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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: Except as provided in subparagraphs
(C)and (D), funds appropriated or otherwise available to the Secretary for the Strategic National Stockpile may not be used for the procurement of an item described in subparagraph
(B)unless the item was grown, reprocessed, reused, or produced in the United States. An item described in this subparagraph is an article or item of— personal protective equipment and 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; sanitizing supplies and ancillary medical supplies such as disinfecting wipes, privacy curtains, beds and bedding, testing swabs, gauze and bandages, tents, tarpaulins, covers, or bags; or any other textile medical supplies and textile equipment described in paragraph (1). Subparagraph
(A)shall not apply to an item described in subparagraph (B)— that is, or that includes, a material listed in section 25.104 of the Federal Acquisition Regulation as one for which a non-availability determination has been made; as to which the Secretary determines that a sufficient quantity of a satisfactory quality of such item that is grown, reprocessed, reused, or produced in the United States cannot be procured as, and when, needed; or if, after maximizing to the extent feasible sources consistent with subparagraph (A), the Secretary certifies every 90 days that it is necessary to procure products under this paragraph under expedited procedures to respond to the immediate needs of a public health emergency pursuant to section 319. Subparagraph
(A)shall not apply to procurements for amounts that do not exceed $150,000. A proposed procurement for an amount in excess of $150,000 may not be divided into several procurements or contracts for lesser amounts in order to qualify for the exception under this subparagraph. The Secretary shall consult with the United States Trade Representative on a matter under this subsection that concerns an obligation of the United States under any international trade agreement. In the case of any procurement contracts of an item described in subparagraph (B), if the Secretary applies the exception described in subparagraph
(C)with respect to that procurement contract, the Secretary shall, not later than 7 days after the awarding of the procurement contract, post a notification that the exception has been applied on the relevant Internet website maintained by the General Services Administration, except for any information that is exempt from mandatory disclosure under section 552 of title 5, United States Code. The Secretary shall ensure that each member of the acquisition workforce in the Department of Health and Human Services who participates substantially on a regular basis in procurements related to the maintenance of the Strategic National Stockpile receives training during fiscal year 2021 on the requirements of this paragraph. The Secretary shall ensure that any training program for the acquisition workforce, as described in clause (i), developed or implemented after fiscal year 2021, includes comprehensive information on the requirements described in subparagraph (A). The Secretary shall increase the percentage of contracts by value entered into for products described in subparagraph
(B)incrementally to 100 percent as soon as practicable, but in no event later than the end of the 5-year period beginning on the date of enactment of this paragraph. The Secretary shall notify the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives within 60 days of such date of enactment regarding the percentage of products described in subparagraph
(B)that meet the requirements of this paragraph. Not later than 90 days after the date of enactment of this paragraph, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report assessing the implementation of this paragraph and the feasibility of applying the requirements of this paragraph to— not less than 50 percent of contracts by value entered into for products described in subparagraph
(B)by September 30, 2021; not less than 75 percent of contracts by value entered into for products described in subparagraph
(B)by March 31, 2022; and not less than 100 percent of contracts by value entered into for products described in subparagraph
(B)by a date that is not less than 2 years after the date of enactment of this paragraph. .
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- 42 USC 247d–6b(a)
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Sec. 102
Domestic purchasing requirement for personal protective equipment acquisitions for the Strategic National Stockpile
Cite42 USC 247d–6b(a)
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