I 
116TH CONGRESS 
2D SESSION 
H. R. 6406 
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 HOUSE OF REPRESENTATIVES 
MARCH 26, 2020 
Mr. YOHO (for himself and Mr. SOTO) introduced the following bill; which was 
referred to the Committee on Energy and Commerce, and in addition to 
the Committees on Oversight and Reform, and Transportation and Infra-
structure, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To require personal protective equipment to be included in 
the strategic national stockpile, and to require the Fed-
eral Government to procure such equipment from United 
States sources, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘American-Made Pro-
tection for Healthcare Workers and First Responders 
Act’’. 
VerDate Sep 11 2014 
23:40 Apr 09, 2020
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6406.IH
H6406
pamtmann on DSKBC07HB2PROD with BILLS
SEC. 2. INCLUSION OF PERSONAL PROTECTIVE EQUIP-
MENT IN THE STRATEGIC NATIONAL STOCK-
PILE. 
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 co-
ordination with the Secretary of Homeland Se-
curity, shall ensure that the supplies of the 
strategic national stockpile includes personal 
protective equipment in a quantity that is suffi-
cient 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 in-
fection or illness; and 
‘‘(ii) includes ventilators, respirators, 
disinfecting wipes, and hand sanitizer. 
VerDate Sep 11 2014 
23:40 Apr 09, 2020
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6406.IH
H6406
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(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 brief-
ing to the Committee on Homeland Security and 
Governmental Affairs of the Senate and the Com-
mittee on Homeland Security of the House of Rep-
resentatives 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 RE-
SPONDERS. 
(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 RE-
SPONDERS. 
‘‘(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 
VerDate Sep 11 2014 
23:40 Apr 09, 2020
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6406.IH
H6406
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(2) the term ‘personal protective equipment’— 
‘‘(A) has the meaning given such term in 
paragraph (6) of section 319F–2(a) of the Pub-
lic Health Service Act (42 U.S.C. 247d–6b(a)); 
and 
‘‘(B) includes such other equipment as de-
termined 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 Se-
VerDate Sep 11 2014 
23:40 Apr 09, 2020
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6406.IH
H6406
pamtmann on DSKBC07HB2PROD with BILLS
curity 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 (re-
ferred to in this section as the ‘‘Secretary’’) shall enter 
into contracts with suppliers of personal protective equip-
ment (as defined in section 319F–2(a)(6)(B) of the Public 
Health Service Act (as amended by section 2)) for the pro-
curement 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 Dis-
aster 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 equip-
ment sourced, manufactured, or assembled in whole or in 
part by a covered foreign entity. To the extent possible, 
VerDate Sep 11 2014 
23:40 Apr 09, 2020
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6406.IH
H6406
pamtmann on DSKBC07HB2PROD with BILLS
executive agencies shall procure personal protective equip-
ment 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 agree-
ment, may be used to procure personal protective equip-
ment sourced, manufactured, or assembled in whole or in 
part by a covered foreign entity. 
(c) EFFECTIVE DATE.—The prohibitions under sub-
sections (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 RE-
SULT OF UNREASONABLE FAILURE TO PER-
FORM 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 per-
sonal 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: 
VerDate Sep 11 2014 
23:40 Apr 09, 2020
Jkt 099200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6406.IH
H6406
pamtmann on DSKBC07HB2PROD with BILLS
(1) COVERED
FOREIGN
ENTITY.—The term 
‘‘covered foreign entity’’ means— 
(A) a covered entity designated by the Sec-
retary of Commerce; 
(B) an entity included on the Consolidated 
Screening List; 
(C) 
any 
entity 
that 
is 
subject 
to 
extrajudicial direction from a foreign govern-
ment, as determined by the Secretary of Home-
land Security; 
(D) any entity the Secretary of Homeland 
Security, in coordination with the Director of 
National Intelligence and the Secretary of De-
fense, 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 Re-
public 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. 
VerDate Sep 11 2014 
23:40 Apr 09, 2020
Jkt 099200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6406.IH
H6406
pamtmann on DSKBC07HB2PROD with BILLS
(3) PERSONAL PROTECTIVE EQUIPMENT.—The 
term ‘‘personal protective equipment’’ has the mean-
ing given such term in section 319F–2(a)(6)(B) of 
the Public Health Service Act (as amended by sec-
tion 2). 
Æ 
VerDate Sep 11 2014 
23:40 Apr 09, 2020
Jkt 099200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6301
E:\BILLS\H6406.IH
H6406
pamtmann on DSKBC07HB2PROD with BILLS