S.Amdt. 2551

SA 2551. Mr. SCOTT of Florida submitted an amendment intended to be
proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S.
178, to condemn gross human rights violations of ethnic Turkic Muslims
in Xinjiang, and calling for an end to arbitrary detention, torture,
and harassment of these communities inside and outside China; which was
ordered to lie on the table; as follows:

At the appropriate place, insert the following:

Subtitle __--American-Made Protection for Healthcare Workers and First
Responders

SEC. __01. SHORT TITLE.

This subtitle may be cited as the ``American-Made
Protection for Healthcare Workers and First Responders Act''.

SEC. __02. 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. __03. 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. __04. 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 this subtitle)) 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. __05. 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.

[[Page S4865]]

(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. __06. 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. __07. DEFINITIONS.

In this subtitle:
(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 this subtitle).
______