American PPE Supply Chain Integrity Act
Bill: H.R.1466 | Sponsor: Rep. McHenry, Patrick T. (R-NC)
Policy area: Government Operations and Politics

Summary:
The American PPE Supply Chain Integrity Act
This bill requires specified federal departments to purchase certain items, including medical supplies, personal protective equipment (PPE), and clothing, from the United States, with exceptions.
Specifically, the bill requires the Department of Health and Human Services, the Department of Homeland Security (DHS), and the Department of Veterans Affairs to purchase items such as specified medical supplies (including disinfecting wipes), PPE, and fabric products (including clothing, bags, and tents) from products that are 100% grown, reprocessed, reused, or produced in the United States.
The bill requires regulations to (1) prohibit the use by any federal department or agency of reverse auctions or lowest price technically acceptable contracting methods for the procurement of PPE if the level of quality or failure of the item could result in infection, illness, or death; and (2) establish a preference for the use of best value contracting methods for the procurement of such equipment.
The bill applies the Berry Amendment (which requires the Department of Defense to give preference in procurement to domestically produced, manufactured, or homegrown products) to specified supplies and equipment, such as surgical dressing materials, hospital and surgical clothing, and textile medical supplies and equipment.

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 ``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. PROCUREMENT OF PERSONAL PROTECTIVE EQUIPMENT.

    (a) Limitation.--Not later than 90 days after the date of the 
enactment of this Act, the President or the President's designee(s) 
shall promulgate regulations--
            (1) to prohibit the use by any department or agency of the 
        Federal Government of reverse auctions or lowest price 
        technically acceptable contracting methods for the procurement 
        of personal protective equipment if the level of quality or 
        failure of the item could result in exposure to infection, 
        illness, or death; and
            (2) to establish a preference for the use of best value 
        contracting methods for the procurement of such equipment.

SEC. 4. MODIFICATION TO SMALL PURCHASE THRESHOLD EXCEPTION TO SOURCING 
              REQUIREMENTS FOR CERTAIN ARTICLES.

    Subsection (f) of section 604 the American Recovery and 
Reinvestment Act of 2009 (6 U.S.C. 453b) is amended to read as follows:
    ``(f) Exception for Small Purchases.--
            ``(1) Subsection (a) does 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.
            ``(2) On October 1 of each year evenly divisible by 5, the 
        Secretary of Homeland Security may adjust the dollar threshold 
        in this subsection based on changes in the Consumer Price 
        Index. The Secretary shall publish notice of any such 
        adjustment in the Federal Register, and the new price threshold 
        shall take effect on the date of publication.''.

SEC. 5. 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. 6. 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.
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