I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘The American PPE 

5 Supply Chain Integrity Act’’. 

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1 SEC. 2. REQUIREMENT TO PURCHASE CERTAIN MEDICAL 

2 SUPPLIES AND PERSONAL PROTECTIVE 

3 EQUIPMENT FROM THE UNITED STATES. 

4 (a) COVERED SECRETARIES.— 

5 (1) IN GENERAL.—Subject to paragraph (2), 

6 any covered item purchased by a covered Secretary 

7 shall be from the United States. For purposes of 

8 this subsection, ‘‘from the United States’’ means 

9 that 100 percent of a product is grown, reprocessed, 

10 reused, or produced in the United States. 

11 (2) EXCEPTIONS.—Notwithstanding paragraph 

12 (1), the applicable covered Secretary may waive the 

13 requirements of such paragraph if such covered Sec14 retary determines that satisfactory quality and suffi15 cient quantity of any such covered item from the 

16 United States cannot be procured as and when need17 ed at United States market prices. This subsection 

18 shall not apply to covered items that are or that in19 clude materials determined to be non-available in ac20 cordance with section 25.104 of title 48 of the Fed21 eral Acquisition Regulation. 

22 (b) EXCEPTION FOR SMALL PURCHASES.—Sub23 section (a) shall not apply to purchases for amounts not 

24 greater than $150,000. A proposed purchase or contract 

25 for an amount greater than $150,000 may not be divided 

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1 into several purchases or contracts for lesser amounts in 

2 order to qualify for this exception. 

3 (c) APPLICABILITY.—The requirements of this sec4 tion shall apply with respect to a purchase of a covered 

5 item made pursuant to subsection (a) on or after the date 

6 of the enactment of this Act. 

7 (d) DEFINITIONS.—In this section: 

8 (1) COVERED ITEM.—The term ‘‘covered item’’ 

9 means an article or item of— 

10 (A) personal protective equipment (includ11 ing surgical masks, respirator masks and pow12 ered air purifying respirators and required fil13 ters, face shields and protective eyewear, sur14 gical and isolation gowns, and head and foot 

15 coverings) or clothing, and the materials and 

16 components thereof, other than sensors, elec17 tronics, or other items added to and not nor18 mally associated with such personal protective 

19 equipment or clothing; 

20 (B) sanitizing and disinfecting wipes, pri21 vacy curtains, beds and bedding, testing swabs, 

22 gauze and bandages, tents, tarpaulins, covers, 

23 or bags; or 

24 (C) cotton and other natural fiber prod25 ucts, woven silk or woven silk blends, spun silk 

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1 yarn for cartridge cloth, synthetic fabric or 

2 coated synthetic fabric (including all textile fi3 bers and yarns that are for use in such fabrics), 

4 canvas products, or wool (whether in the form 

5 of fiber or yarn or contained in fabrics, mate6 rials, or manufactured articles). 

7 (2) COVERED SECRETARY.—The term ‘‘covered 

8 Secretary’’ means the Secretary of Health and 

9 Human Services, the Secretary of the Department of 

10 Homeland Security, and the Secretary of the De11 partment of Veterans Affairs. 

12 SEC. 3. EXCEPTION TO DOMESTIC REQUIREMENT FOR 

13 SMALL PURCHASES. 

14 (a) DEPARTMENT OF DEFENSE.—Section 2533a(h) 

15 of title 10, United States Code, is amended by striking 

16 ‘‘the simplified acquisition threshold’’ and all that follows 

17 through the period at the end and inserting the following: 

18 ‘‘$150,000. A proposed purchase for an amount greater 

19 than $150,000 may not be divided into several purchases 

20 or contracts for lesser amounts in order to qualify for this 

21 exception.’’. 

22 (b) DEPARTMENT OF HOMELAND SECURITY.—Sub23 section (f) of section 604 the American Recovery and Re24 investment Act of 2009 (6 U.S.C. 453b) is amended by 

25 striking ‘‘the simplified acquisition threshold’’ and all that 

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1 follows through the period at the end and inserting the 

2 following: ‘‘$150,000. A proposed purchase for an amount 

3 greater than $150,000 may not be divided into several 

4 purchases or contracts for lesser amounts in order to qual5 ify for this exception.’’. 

6 SEC. 4. APPLICATION OF THE BERRY AMENDMENT TO CER7 TAIN DEFENSE LOGISTICS AGENCY PUR8 CHASES. 

9 (a) IN GENERAL.—Section 2533a of title 10, United 

10 States Code, is amended by adding at the end the fol11 lowing new subsection: 

12 ‘‘(l) APPLICATION TO CERTAIN DEFENSE LOGISTICS

13 AGENCY PURCHASES.—Subsection (a) applies to pur14 chases made by the Director of the Defense Logistics 

15 Agency on behalf of the General Services Administration 

16 or any other Federal agency.’’. 

17 (b) APPLICABILITY.—The requirements of this sec18 tion and the amendments made by this section shall apply 

19 with respect to a purchase made under section 2533a of 

20 title 10, United States Code, on or after the date of the 

21 enactment of this Act. 

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1 SEC. 5. APPLICATION OF THE BERRY AMENDMENT TO CER2 TAIN MEDICAL SUPPLIES AND PERSONAL 

3 PROTECTIVE EQUIPMENT. 

4 (a) IN GENERAL.—Section 2533a(b) of title 10, 

5 United States Code, is amended by adding at the end the 

6 following new paragraphs: 

7 ‘‘(5) Surgical dressing materials. 

8 ‘‘(6) Hospital and surgical clothing and related 

9 special purpose items. 

10 ‘‘(7) Replenishable field medical sets, kits, and 

11 outfits. 

12 ‘‘(8) All textile medical supplies and equip13 ment.’’. 

14 (b) APPLICABILITY.—The requirements of this sec15 tion and the amendments made by this section shall apply 

16 with respect to a purchase made under section 2533a of 

17 title 10, United States Code, on or after the date of the 

18 enactment of this Act. 

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