Sec. 802. PROHIBITION ON ACQUISITION OF PERSONAL PROTECTIVE EQUIPMENT FROM NON-ALLIED FOREIGN NATIONS
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## SEC. 802 PROHIBITION ON ACQUISITION OF PERSONAL PROTECTIVE EQUIPMENT FROM NON-ALLIED FOREIGN NATIONS ###
(a)Prohibition ####
(1)In general Chapter 148 of title 10, United States Code, is amended by inserting after section 2533d the following new section: > > ## “SEC. 2533e Prohibition on acquisition of personal protective equipment and certain other items from non-allied foreign nations > > **[**[10 U.S.C. 2533e](/us/usc/t10/s2533e)**]** > > > ### “(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 procurement in 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 nitrile and vinyl gloves, 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 **[**[10 U.S.C. 2531](/us/usc/t10/s2531)**]** The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2533d the following:" “2533e. Prohibition on acquisition of personal protective equipment and certain other items from non-allied foreign nations.” ". ###
(b)Future Transfer ####
(1)Transfer and redesignation Section 2533e of title 10, United States Code, as added by subsection (a), is transferred to the end of subchapter III of chapter 385 of such title, as added by section 1870(d) of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) and amended by this Act, and redesignated as section 4875. ####
(2)Clerical amendments #####
(A)Target chapter table of sections **[**[10 U.S.C. 4871](/us/usc/t10/s4871)**]** The table of sections for subchapter III of chapter 385 of title 10, United States Code, as added by section 1870(d) of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283), is amended by adding at the end the following new item:" “4875. Prohibition on acquisition of personal protective equipment and certain other items from non-allied foreign nations.” ". #####
(B)Origin chapter table of sections **[**[10 U.S.C. 2531](/us/usc/t10/s2531)**]** The table of sections at the beginning of chapter 148 of title 10, United States Code, as amended by subsection (a), is further amended by striking the item relating to section 2533e. ####
(3)Effective date **[**[10 U.S.C. 2533e note](/us/usc/t10/s2533e)**]** The transfer, redesignation, and amendments made by this subsection shall take effect immediately after the amendments made by title XVIII of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 take effect. ####
(4)References; savings provision; rule of construction **[**[10 U.S.C. 2533e note](/us/usc/t10/s2533e)**]** 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.
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Sec. 802
PROHIBITION ON ACQUISITION OF PERSONAL PROTECTIVE EQUIPMENT FROM NON-ALLIED FOREIGN NATIONS
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