[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1466 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 1466
To require the purchase by the Federal Government of certain medical
supplies and protection equipment from the United States, and for other
purposes.
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IN THE HOUSE OF REPRESENTATIVES
March 1, 2021
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, Natural
Resources, and Oversight and Reform, 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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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 ``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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