The American PPE Supply Chain Integrity Act
This bill requires the federal government to purchase medical supplies and personal protective equipment from the United States, with exceptions for small purchases.
Specifically, the bill requires the Department of Health and Human Services, the Department of Homeland Security, and the Department of Veterans Affairs to purchase specified medical supplies (including disinfecting wipes and natural fiber products) and personal protective equipment (including surgical masks, face shields, and foot coverings) from products that are 100% grown, reprocessed, reused, or produced in the United States.
The bill makes an exception for purchases for amounts not greater than $150,000.
The bill applies the Berry Amendment (which requires the Department of Defense to give preference in procurement to domestically produced, manufactured, or home-grown products) to specified supplies and equipment, such as surgical dressing materials, hospital and surgical clothing, and textile medical supplies and equipment.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7841 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 7841
To require the purchase by the Federal Government of certain medical
supplies and protection equipment from the United States, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 29, 2020
Mr. McHenry (for himself and Mr. Pascrell) introduced the following
bill; which was referred to the Committee on Armed Services, and in
addition to the Committees on Homeland Security, Energy and Commerce,
Veterans' Affairs, Education and Labor, Ways and Means, and Natural
Resources, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To require the purchase by the Federal Government of certain medical
supplies and protection equipment from the United States, 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. SHORT TITLE.
This Act may be cited as the ``The American PPE Supply Chain
Integrity Act''.
SEC. 2. REQUIREMENT TO PURCHASE CERTAIN MEDICAL SUPPLIES AND PERSONAL
PROTECTIVE EQUIPMENT FROM THE UNITED STATES.
(a) Covered Secretaries.--
(1) In general.--Subject to paragraph (2), any covered item
purchased by a covered Secretary shall be from the United
States. For purposes of this subsection, ``from the United
States'' means that 100 percent of a product is grown,
reprocessed, reused, or produced in the United States.
(2) Exceptions.--Notwithstanding paragraph (1), the
applicable covered Secretary may waive the requirements of such
paragraph if such covered Secretary determines that
satisfactory quality and sufficient quantity of any such
covered item from the United States cannot be procured as and
when needed at United States market prices. This subsection
shall not apply to covered items that are or that include
materials determined to be non-available in accordance with
section 25.104 of title 48 of the Federal Acquisition
Regulation.
(b) Exception for Small Purchases.--Subsection (a) shall not apply
to purchases for amounts not greater than $150,000. 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.
(c) Applicability.--The requirements of this section shall apply
with respect to a purchase of a covered item made pursuant to
subsection (a) on or after the date of the enactment of this Act.
(d) Definitions.--In this section:
(1) Covered item.--The term ``covered item'' means an
article or item of--
(A) personal protective equipment (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;
(B) sanitizing and disinfecting wipes, privacy
curtains, beds and bedding, testing swabs, gauze and
bandages, tents, tarpaulins, covers, or bags; or
(C) cotton and other natural fiber products, woven
silk or woven silk blends, spun silk yarn for cartridge
cloth, synthetic fabric or coated synthetic fabric
(including all textile fibers and yarns that are for
use in such fabrics), canvas products, or wool (whether
in the form of fiber or yarn or contained in fabrics,
materials, or manufactured articles).
(2) Covered secretary.--The term ``covered Secretary''
means the Secretary of Health and Human Services, the Secretary
of the Department of Homeland Security, and the Secretary of
the Department of Veterans Affairs.
SEC. 3. EXCEPTION TO DOMESTIC REQUIREMENT FOR SMALL PURCHASES.
(a) Department of Defense.--Section 2533a(h) of title 10, United
States Code, is amended by striking ``the simplified acquisition
threshold'' and all that follows through the period at the end and
inserting the following: ``$150,000. A proposed purchase 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.''.
(b) Department of Homeland Security.--Subsection (f) of section
604 the American Recovery and Reinvestment Act of 2009 (6 U.S.C. 453b)
is amended by striking ``the simplified acquisition threshold'' and all
that follows through the period at the end and inserting the following:
``$150,000. A proposed purchase 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.''.
SEC. 4. APPLICATION OF THE BERRY AMENDMENT TO CERTAIN DEFENSE LOGISTICS
AGENCY PURCHASES.
(a) In General.--Section 2533a of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(l) Application to Certain Defense Logistics Agency Purchases.--
Subsection (a) applies to purchases made by the Director of the Defense
Logistics Agency on behalf of the General Services Administration or
any other Federal agency.''.
(b) Applicability.--The requirements of this section and the
amendments made by this section shall apply with respect to a purchase
made under section 2533a of title 10, United States Code, on or after
the date of the enactment of this Act.
SEC. 5. APPLICATION OF THE BERRY AMENDMENT TO CERTAIN MEDICAL SUPPLIES
AND PERSONAL PROTECTIVE EQUIPMENT.
(a) In General.--Section 2533a(b) of title 10, United States Code,
is amended by adding at the end the following new paragraphs:
``(5) Surgical dressing materials.
``(6) Hospital and surgical clothing and related special
purpose items.
``(7) Replenishable field medical sets, kits, and outfits.
``(8) All textile medical supplies and equipment.''.
(b) Applicability.--The requirements of this section and the
amendments made by this section shall apply with respect to a purchase
made under section 2533a of title 10, United States Code, on or after
the date of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Armed Services, and in addition to the Committees on Homeland Security, Energy and Commerce, Veterans' Affairs, Education and Labor, Ways and Means, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Armed Services, and in addition to the Committees on Homeland Security, Energy and Commerce, Veterans' Affairs, Education and Labor, Ways and Means, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Armed Services, and in addition to the Committees on Homeland Security, Energy and Commerce, Veterans' Affairs, Education and Labor, Ways and Means, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Armed Services, and in addition to the Committees on Homeland Security, Energy and Commerce, Veterans' Affairs, Education and Labor, Ways and Means, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Armed Services, and in addition to the Committees on Homeland Security, Energy and Commerce, Veterans' Affairs, Education and Labor, Ways and Means, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Referred to the Committee on Armed Services, and in addition to the Committees on Homeland Security, Energy and Commerce, Veterans' Affairs, Education and Labor, Ways and Means, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Armed Services, and in addition to the Committees on Homeland Security, Energy and Commerce, Veterans' Affairs, Education and Labor, Ways and Means, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Health.
Referred to the Subcommittee on Oversight, Management, and Accountability.
Referred to the Subcommittee for Indigenous Peoples of the United States.
Referred to the Subcommittee on Oversight and Investigations.