The final rule is designated as Document Number 2026-19207 and Docket No. DHS-2024-0020. It becomes effective 30 days after its publication in the Federal Register. The regulation applies to all actions, orders, option exercises, and contracts awarded and administered by the department.

The underlying statute mandates specific sourcing standards for medical supplies. The act requires that contracts for personal protective equipment procured by the Department of Homeland Security, the Department of Health and Human Services, or the Department of Veterans Affairs be for items that are domestically grown, reprocessed, reused, or produced. This requirement extends to the duration of such agreements. The act requires that contracts for the procurement of personal protective equipment entered into by these three departments last at least two years in duration plus all necessary option periods.

The law provides a comprehensive definition of the covered items. The act defines personal protective equipment as surgical masks, respirator masks, powered air purifying respirators and required filters, face shields, protective eyewear, gloves, disposable and reusable surgical and isolation gowns, head and foot coverings, and other gear or clothing used to protect an individual from the transmission of disease.

Provisions exist for situations where domestic production is not immediately feasible. The act allows for alternatives to domestic production where personal protective equipment assembled outside the United States contains only materials and components grown, reprocessed, reused, or produced in the United States. The act also recognizes exceptions to domestic production requirements due to nonavailability or when personal protective equipment cannot be procured at United States market prices. Where an exception to domestic production is granted, the respective Secretary must certify that implementing the exception is necessary to meet the immediate needs of a public health emergency.

Ongoing oversight is required when agencies utilize these alternatives. When using alternatives to domestic production, the Department of Homeland Security, the Department of Health and Human Services, or the Department of Veterans Affairs must certify every 120 days that such alternatives are necessary to procure personal protective equipment due to the immediate needs of a public health emergency. Within the department, the Chief Procurement Officer can issue Homeland Security Acquisition Regulation deviations when necessary to allow Components to deviate from the regulation.

The department has adjusted its supply chain operations in recent years. Prior to January 2026, the Department of Homeland Security sourced nitrile gloves from both domestic and foreign manufacturers. The department transitioned to sourcing all nitrile glove requirements from domestic manufacturers as capacity expanded.

Timeline

Subtitle C of title IX of Division G of the Infrastructure Investment and Jobs Act is the Make Personal Protective Equipment in America Act. The Infrastructure Investment and Jobs Act was signed into law on November 15, 2021. On October 17, 2022, the Department of Homeland Security issued Deviation 23-01 regarding compliance with the act's requirements.

The Department of Homeland Security received 23 public comments on the Notice of Proposed Rulemaking published on October 1, 2024. The comment period for the Notice of Proposed Rulemaking ended on December 2, 2024. The department issued a final rule amending the Homeland Security Acquisition Regulation to codify requirements of the act.

The rule applies to all actions, orders, option exercises, and contracts awarded and administered by the department. The final rule was filed on September 17, 2026, and published on September 18, 2026.

What's New

Additional reporting identifies the United States Department of Homeland Security as a United States federal executive department.

Why It Matters

The final rule formalizes statutory requirements that affect procurement across three major federal agencies. By codifying the act into the Homeland Security Acquisition Regulation, the department establishes a permanent regulatory framework for domestic sourcing. The rule impacts all contracts and orders administered by the department, ensuring that personal protective equipment meets defined domestic content standards.

The regulation includes mechanisms for flexibility during public health emergencies while maintaining oversight through regular certification requirements. Agencies must justify any departure from domestic production every 120 days based on immediate emergency needs. This structure balances the goal of domestic manufacturing capacity with the operational necessity of securing supplies during critical health situations.