H.R. 7841 takes a whole-of-government approach to domestic PPE procurement, while also strengthening existing procurement rules under the Berry and Kissell Amendments, laws that ensure a strong U.S. industrial base that can supply the mission critical items necessary for our national security.
This legislation extends rules substantially similar to the Berry Amendment to all PPE and clothing, as well as select health care items, purchased by the Department of Health and Human Services, Department of Homeland Security, and Department of Veterans Affairs. The legislation has broad reach covering all related purchases by the Strategic National Stockpile, agencies within DHS like Customs and Border Protection, and the entire VA health care system—the critical demand volume needed to drive investment and sustain PPE production in the United States.
In addition, the bill supports American manufacturing by strengthening the contracting threshold for Defense and Homeland Security purchases under Berry and Kissell, and implements other provisions to strengthen Berry’s domestic sourcing requirements.
H.R. 7841, American PPE Supply Chain Integrity Act, was co-sponsored by Rep. Patrick McHenry and Rep. Bill Pascrell (D-NJ) and introduced in the U.S. House of Representatives on July 29.
S.4578/H.R.8324 establishes a requirement for the Strategic National Stockpile to source its PPE according to Berry Amendment procurement rules. The bill also requires all government PPE contracts be issued for a minimum of three years to provide stability in the supply chain. The legislation would also ensure that contracts utilize, to the extent feasible, U.S. manufacturing capacity before non-Berry PPE can be purchased under a non-availability determination.
S.4578/H.R.8324, The Make PPE in America Act, was introduced by Sen. Rob Portman and Sen. Gary Peters in the U.S. Senate on August 18.
The United States Manufacturing Availability of Domestic Equipment (U.S. MADE) Act is specifically focused on creating Berry Amendment-like procurement rules for the Strategic National Stockpile that apply to textile-based PPE and medical supplies.
Also included is a PPE manufacturing investment credit of 30 percent to be applied against equipment costs associated with PPE manufacturing.
S.4264, The U.S. MADE Act, was introduced by Sen. Lindsey Graham in the U.S. Senate on July 22.
S.4368 is a comprehensive bill for procurement, management, and maintenance of the Strategic National Stockpile, which requires all goods purchased by the Stockpile to meet Berry-type domestic sourcing rules. The bill goes beyond textile-based products and PPE, covering all supplies in the Stockpile including medicines, vaccines, ventilators, and other items essential for responding to a national health emergency.
Under the bill, the Stockpile would conduct an essential mapping of the domestic supply chain for PPE and other necessary healthcare items. Critically, Stockpile officials would have delegated authority to deploy the Defense Production Act (DPA) to make investments to shore up domestic PPE manufacturing, in a similar way that the Defense Department has traditionally used DPA.
S.4368, The Protecting American Heroes Act, was introduced by Sen. Sherrod Brown in the U.S. Senate on July 29.
For more information about these bills, or to identify the appropriate congressional staff to contact about co-sponsoring, please reach out to NCTO’s Director of Government Affairs Todd Ethington.