To prohibit the Secretary of Defense from procuring personal protective equipment from certain non-allied foreign nations, and for other purposes.
Bill: H.R.5147 | Sponsor: Rep. Wittman, Robert J. (R-VA)
Policy area: Armed Forces and National Security

Summary:
This bill prohibits the Department of Defense (DOD) from procuring any covered item from the Democratic People's Republic of North Korea, the People's Republic of China, the Russian Federation, or the Islamic Republic of Iran. Under the bill, covered items include sanitizing and disinfecting wipes, testing swabs, gauze, bandages, and personal protective equipment for use in preventing the spread of disease and the materials and components thereof.
The bill provides for an exception to the prohibition in circumstances where (1) DOD determines that covered materials of satisfactory quality and quantity cannot be procured from other nations at a specified time and reasonable price, (2) the procurement of covered items is for use outside of the United States, or (3) the purchase is for amounts not greater than $150,000. However, a proposed purchase or contract for an amount greater than $150,000 may not be divided into multiple purchases or contracts for lesser amounts to qualify for an exception.

To prohibit the Secretary of Defense from procuring personal protective 
   equipment from certain non-allied foreign nations, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PROHIBITION ON PROCUREMENT OF PERSONAL PROTECTIVE EQUIPMENT 
              FROM NON-ALLIED FOREIGN NATIONS.

    (a) Prohibition.--
            (1) In general.--Chapter 137 of title 10, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 2339d. Prohibition on procurement of personal protective 
              equipment and certain other items from non-allied foreign 
              nations
    ``(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 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.
    ``(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 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.--The table of sections at the 
        beginning of such chapter is amended by inserting after the 
        item relating to section 2339c the following:

``2339d. Prohibition on procurement of personal protective equipment 
                            and certain other items from non-allied 
                            foreign nations.''.
    (b) Future Transfer.--
            (1) Transfer and redesignation.--Section 2339d of title 10, 
        United States Code, as added by subsection (a), is transferred 
        to subchapter I of chapter 283 of such title, added after 
        section 3881, as transferred and redesignated by section 
        1837(b) of the William M. (Mac) Thornberry National Defense 
        Authorization Act for Fiscal Year 2021 (Public Law 116-283), 
        and redesignated as section 3882.
            (2) Clerical amendments.--
                    (A) Target chapter table of sections.--The table of 
                sections at the beginning of chapter 283 of title 10, 
                United States Code, as added by section 1837(a) of the 
                William M. (Mac) Thornberry National Defense 
                Authorization Act for Fiscal Year 2021 (Public Law 116-
                283), is amended by inserting after the item related to 
                section 3881 the following new item:

``3882. Prohibition on procurement of personal protective equipment and 
                            certain other items from non-allied foreign 
                            nations.''.
                    (B) Origin chapter table of sections.--The table of 
                sections at the beginning of chapter 137 of title 10, 
                United States Code, as amended by subsection (a), is 
                further amended by striking the item relating to 
                section 2339d.
            (3) Effective date.--The transfer, redesignation, and 
        amendments made by this subsection shall take effect on January 
        1, 2022.
            (4) References; savings provision; rule of construction.--
        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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