IB 

Union Calendar No. 436 

118TH CONGRESS 

2D SESSION H. R. 1166 

[Report No. 118–524] 

To enhance authorities under the Defense Production Act of 1950 to respond 

to the public health emergencies, to provide additional oversight of such 

authorities, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 24, 2023 

Mr. VARGAS introduced the following bill; which was referred to the 

Committee on Financial Services 

MAY 23, 2024 

Additional sponsor: Mr. HILL

MAY 23, 2024 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on February 24, 2023] 


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A BILL 

To enhance authorities under the Defense Production Act 

of 1950 to respond to the public health emergencies, 

to provide additional oversight of such authorities, and 

for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Public Health Emer5 gency Medical Supplies Enhancement Act of 2023’’. 

6 SEC. 2. PUBLIC HEALTH EMERGENCIES. 

7 (a) FUTURE PREPAREDNESS FOR HEALTH EMER8 GENCIES.—Section 702(14) of the Defense Production Act 

9 of 1950 is amended by striking ‘‘and critical infrastructure 

10 protection and restoration’’ and inserting ‘‘, critical infra11 structure protection and restoration, and public health 

12 emergency preparedness and response activities’’. 

13 (b) PUBLIC HEALTH EMERGENCY.—The Defense Pro14 duction Act of 1950 (50 U.S.C. 4501 et seq.) is amended 

15 by inserting after section 711 the following: 

16 ‘‘SEC. 712. PUBLIC HEALTH EMERGENCIES. 

17 ‘‘(a) SCARCE AND CRITICAL MATERIALS.—During a 

18 public health emergency, any medical equipment or sup19 plies determined by the Secretary of Health and Human 

20 Services or the Secretary of Homeland Security to be scarce 

21 and critical materials essential to the national defense for 

22 purposes of section 101 may be deemed by the President 

23 to be a scarce and critical material essential to the national 

24 defense for purposes of section 101 and otherwise meet the 

25 requirements of section 101(b), and funds available to imVerDate Sep 11 2014 04:34 May 24, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H1166.RH H1166

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1 plement this Act may be used for the purchase, production 

2 (including the construction, repair, and retrofitting of gov3 ernment-owned facilities as necessary), or distribution of 

4 such medical equipment or supplies. 

5 ‘‘(b) EXERCISE OF TITLE I AUTHORITIES IN RELA6 TION TO CONTRACTS BY STATE, LOCAL, OR TRIBAL GOV7 ERNMENTS.—In exercising authorities under title I during 

8 a public health emergency, the President (and any officer 

9 or employee of the United States to which authorities under 

10 such title I have been delegated)— 

11 ‘‘(1) may exercise the prioritization or allocation 

12 authority provided in such title I to exclude any ma13 terials or supplies described in subsection (a) ordered 

14 by a State, local, or Tribal government that are 

15 scheduled to be delivered within 15 days of the time 

16 at which— 

17 ‘‘(A) the purchase order or contract by the 

18 Federal Government for such materials or sup19 plies is made; or 

20 ‘‘(B) the materials or supplies are otherwise 

21 allocated by the Federal Government under the 

22 authorities contained in this Act; and 

23 ‘‘(2) shall, within 24 hours of any exercise of the 

24 prioritization or allocation authority provided in 

25 such title I— 


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1 ‘‘(A) to the extent practicable notify any 

2 State, local, or Tribal government if the Presi3 dent determines that the exercise of such authori4 ties would delay the receipt of such materials or 

5 supplies ordered by such government; and 

6 ‘‘(B) take such steps as may be necessary, 

7 and as authorized by law, to ensure that such 

8 materials or supplies ordered by such govern9 ment are delivered in the shortest possible period, 

10 consistent with the purposes of this Act. 

11 ‘‘(c) ENGAGEMENT WITH THE PRIVATE SECTOR.— 

12 ‘‘(1) OUTREACH REPRESENTATIVE.—Consistent 

13 with the authorities in this title VII, the Adminis14 trator of the Federal Emergency Management Agency, 

15 in consultation with the Secretary of Health and 

16 Human Services, may designate or appoint, pursuant 

17 to section 703, an individual to be known as the ‘Out18 reach Representative’ for any public health emer19 gency. Such individual shall— 

20 ‘‘(A) be appointed from among individuals 

21 with substantial experience in the production or 

22 distribution of medical supplies or equipment; 

23 and 

24 ‘‘(B) act as the Government-wide single 

25 point of contact during the public health emerVerDate Sep 11 2014 04:34 May 24, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H1166.RH H1166

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1 gency for outreach to manufacturing companies 

2 and their suppliers who may be interested in 

3 producing medical supplies or equipment, in4 cluding the materials described under subsection 

5 (a). 

6 ‘‘(2) ENCOURAGING PARTNERSHIPS.—During a 

7 public health emergency, the Outreach Representative 

8 shall seek to develop partnerships between companies, 

9 in coordination with any overall coordinator ap10 pointed by the President to oversee the response to the 

11 public health emergency, including through the exer12 cise of the authorities delegated by the President 

13 under section 708. 

14 ‘‘(d) ENHANCEMENT OF SUPPLY CHAIN PRODUC15 TION.—In exercising authority under title III during a 

16 public health emergency with respect to materials described 

17 in subsection (a), the President shall seek to ensure that 

18 support is provided to companies that comprise the supply 

19 chains for reagents, components, raw materials, and other 

20 materials and items necessary to produce or use the mate21 rials described in subsection (a), if applicable, to the extent 

22 necessary for the national defense during the public health 

23 emergency. 

24 ‘‘(e) ENHANCED REPORTING DURING A PUBLIC

25 HEALTH EMERGENCY.— 


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1 ‘‘(1) IN GENERAL.—Not later than 90 days after 

2 the use of authorities under this Act with respect to 

3 a public health emergency, and every 120 days there4 after until the termination of such public health emer5 gency, the President, in consultation with the Admin6 istrator of the Federal Emergency Management Agen7 cy, the Secretary of Defense, and the Secretary of 

8 Health and Human Services, shall submit to the ap9 propriate congressional committees a report on the ex10 ercise of authorities under titles I, III, and VII with 

11 respect to the public health emergency. 

12 ‘‘(2) CONTENTS.—Each report required under 

13 paragraph (1) shall include the following: 

14 ‘‘(A) IN GENERAL.—With respect to each ex15 ercise of such authority— 

16 ‘‘(i) an explanation of the purpose of 

17 the applicable contract, purchase order, or 

18 other exercise of authority (including an al19 location of materials, services, and facilities 

20 under section 101(a)(2)); 

21 ‘‘(ii) the cost of such exercise of author22 ity; and 

23 ‘‘(iii) if applicable— 

24 ‘‘(I) the amount of goods that 

25 were purchased or allocated; 


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1 ‘‘(II) an identification of the enti2 ty awarded a contract or purchase 

3 order or that was the subject of the ex4 ercise of authority; and 

5 ‘‘(III) an identification of any en6 tity that had shipments delayed by the 

7 exercise of any authority under this 

8 Act. 

9 ‘‘(B) CONSULTATIONS.—A description of 

10 any consultations conducted with relevant stake11 holders on the needs addressed by the exercise of 

12 the authorities described in paragraph (1). 

13 ‘‘(3) UPDATE.—The President shall provide an 

14 additional briefing to the appropriate congressional 

15 committees on the matters described under paragraph 

16 (2) no later than four months after the submission of 

17 each report. 

18 ‘‘(f) DEFINITIONS.—In this section: 

19 ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT20 TEES.—The term ‘appropriate congressional commit21 tees’ means the Committees on Appropriations, Armed 

22 Services, Energy and Commerce, Financial Services, 

23 and Homeland Security of the House of Representa24 tives and the Committees on Appropriations, Armed 

25 Services, Banking, Housing, and Urban Affairs, 


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1 Health, Education, Labor, and Pensions, Homeland 

2 Security and Governmental Affairs, and Veterans’ Af3 fairs of the Senate. 

4 ‘‘(2) PUBLIC HEALTH EMERGENCY.—The term 

5 ‘public health emergency’ means a public health emer6 gency determined pursuant to section 319 of the Pub7 lic Health Service Act (42 U.S.C. 247d). 

8 ‘‘(3) RELEVANT STAKEHOLDER.—The term ‘rel9 evant stakeholder’ means— 

10 ‘‘(A) representative private sector entities; 

11 ‘‘(B) representatives of the nonprofit sector; 

12 ‘‘(C) representatives of primary and sec13 ondary school systems; and 

14 ‘‘(D) representatives of organizations rep15 resenting workers, including health workers, 

16 manufacturers, teachers, other public sector em17 ployees, and service sector workers. 

18 ‘‘(4) STATE.—The term ‘State’ means each of the 

19 several States, the District of Columbia, the Common20 wealth of Puerto Rico, and any territory or possession 

21 of the United States.’’. 

22 (c) UPDATE TO FEDERAL REGULATIONS.— 

23 (1) DPAS.—Not later than 30 days after the 

24 date of enactment of this Act, the Defense Property 

25 Accountability System regulations (15 C.F.R. part 


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1 700) shall be revised to reflect the requirements of sec2 tion 712(b) of the Defense Production Act of 1950. 

3 (2) FAR.—Not later than 30 days after the revi4 sions required by paragraph (1) are made, the Fed5 eral Acquisition Regulation shall be revised to reflect 

6 the requirements of section 712(b) of the Defense Pro7 duction Act of 1950, consistent with the revisions 

8 made pursuant to paragraph (1). 

9 SEC. 3. REPORT ON ACTIVITIES INVOLVING SMALL BUSI10 NESS. 

11 The report required by section 304(f)(3) of the Defense 

12 Production Act of 1950 (50 U.S.C. 4534(f)(3)) with respect 

13 to fiscal years 2023 and 2024 shall include the percentage 

14 of contracts awarded using funds to carry out the Defense 

15 Production Act of 1950 for each of the fiscal years 2023 

16 and 2024, respectively, to small business concerns (as de17 fined under section 702 of such Act). 


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Union Calendar No. 436 

118TH CONGRESS 

2D SESSION H. R. 1166 

[Report No. 118–524] 

A BILL 

To enhance authorities under the Defense Producsuch authorities, and for other purposes. emergencies, to provide additional oversight of tion Act of 1950 to respond to the public health 

MAY 23, 2024 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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