H.R. 5147 – To prohibit the Secretary of Defense from procuring personal protective equipme…

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Updated February 8, 2026 at 6:30 AM UTC

The bill bars the Secretary of Defense from buying personal protective equipment (PPE) and related supplies from four non‑allied countries—North Korea, China, Russia, and Iran. It applies to all DoD prime contracts and subcontracts unless specific exceptions apply. The rule is intended to protect national security while still allowing limited purchases when needed.

Key Provisions

Prohibits any DoD procurement of defined PPE items (masks, respirators, gowns, etc.) and related supplies from the listed non‑allied nations.
Applies to both prime contracts and any subcontract at any tier.
Provides three exceptions: if the needed items cannot be sourced elsewhere at a reasonable price, for use outside the United States, or for purchases of $150,000 or less (with a rule against splitting larger contracts to fit the limit).
Defines “covered items” as PPE, sanitizing wipes, testing swabs, gauze, and bandages, and defines the “covered nations” as North Korea, China, Russia, and Iran.
Transfers the new prohibition section to a different part of the U.S. Code, effective January 1, 2022.

Legislative Activity

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1 earlier action

HouseIntro Referral Latest Action

Referred to the House Committee on Armed Services.

Armed Services Committee

August 31, 2021

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HouseIntro Referral

Introduced in House

August 31, 2021

HouseIntro Referral

Referred to the House Committee on Armed Services.

Armed Services Committee

August 31, 2021

Bill Text

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Introduced in HouseIssued August 31, 2021

I

117th CONGRESS

1st Session

H. R. 5147

IN THE HOUSE OF REPRESENTATIVES

August 31, 2021

Mr. Wittman introduced the following bill; which was referred to the Committee on Armed Services

A BILL

To prohibit the Secretary of Defense from procuring personal protective equipment from certain non-allied foreign nations, and for other purposes.

1.

Prohibition on procurement of personal protective equipment from non-allied foreign nations

(a)

Prohibition

(1)

In general

Chapter 137 of title 10, United States Code, is amended by adding at the end the following new section:

2339d.

Prohibition on procurement of personal protective equipment and certain other items from non-allied foreign nations

(a)

In general

Except as provided in subsection (c), the Secretary of Defense may not procure any covered item from any covered nation.

(b)

Applicability

Subsection (a) shall apply to prime contracts and subcontracts at any tier.

(c)

Exceptions

(1)

In general

Subsection (a) does not apply under the following circumstances:

(A)

If the Secretary of Defense determines that covered materials of satisfactory quality and quantity, in the required form, cannot be procured as and when needed from nations other than covered nations to meet requirements at a reasonable price.

(B)

The procurement of a covered item for use outside of the United States.

(C)

Purchases for amounts not greater than $150,000.

(2)

Limitation

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.

(d)

Definitions

In this section:

(1)

Covered item

The term covered item means an article or item of—

(A)

personal protective equipment for use in preventing spread of disease, such as by exposure to infected individuals or contamination or infection by infectious material (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; or

(B)

sanitizing and disinfecting wipes, testing swabs, gauze, and bandages.

(2)

Covered nation

The term covered nation means—

(A)

the Democratic People’s Republic of North Korea;

(B)

the People’s Republic of China;

(C)

the Russian Federation; and

(D)

the Islamic Republic of Iran.

.

(2)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2339c the following:

2339d. Prohibition on procurement of personal protective equipment and certain other items from non-allied foreign nations.

.

(b)

Future transfer

(1)

Transfer and redesignation

Section 2339d of title 10, United States Code, as added by subsection (a), is transferred to subchapter I of chapter 283 of such title, added after section 3881, as transferred and redesignated by section 1837(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), and redesignated as section 3882.

(2)

Clerical amendments

(A)

Target chapter table of sections

The table of sections at the beginning of chapter 283 of title 10, United States Code, as added by section 1837(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), is amended by inserting after the item related to section 3881 the following new item:

3882. Prohibition on procurement of personal protective equipment and certain other items from non-allied foreign nations.

.

(B)

Origin chapter table of sections

The table of sections at the beginning of chapter 137 of title 10, United States Code, as amended by subsection (a), is further amended by striking the item relating to section 2339d.

(3)

Effective date

The transfer, redesignation, and amendments made by this subsection shall take effect on January 1, 2022.

(4)

References; savings provision; rule of construction

Sections 1883 through 1885 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) shall apply with respect to the transfers, redesignations, and amendments made under this subsection as if such transfers, redesignations, and amendments were made under title XVIII of such Act.