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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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Public Health Emer-
gency Medical Supplies Enhancement Act of 2023’’. 
SEC. 2. PUBLIC HEALTH EMERGENCIES. 
(a) FUTURE PREPAREDNESS
FOR HEALTH EMER-
GENCIES.—Section 702(14) of the Defense Production Act 
of 1950 is amended by striking ‘‘and critical infrastructure 
protection and restoration’’ and inserting ‘‘, critical infra-
structure protection and restoration, and public health 
emergency preparedness and response activities’’. 
(b) PUBLIC HEALTH EMERGENCY.—The Defense Pro-
duction Act of 1950 (50 U.S.C. 4501 et seq.) is amended 
by inserting after section 711 the following: 
‘‘SEC. 712. PUBLIC HEALTH EMERGENCIES. 
‘‘(a) SCARCE AND CRITICAL MATERIALS.—During a 
public health emergency, any medical equipment or sup-
plies determined by the Secretary of Health and Human 
Services or the Secretary of Homeland Security to be scarce 
and critical materials essential to the national defense for 
purposes of section 101 may be deemed by the President 
to be a scarce and critical material essential to the national 
defense for purposes of section 101 and otherwise meet the 
requirements of section 101(b), and funds available to im-
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plement this Act may be used for the purchase, production 
(including the construction, repair, and retrofitting of gov-
ernment-owned facilities as necessary), or distribution of 
such medical equipment or supplies. 
‘‘(b) EXERCISE OF TITLE I AUTHORITIES IN RELA-
TION TO CONTRACTS BY STATE, LOCAL, OR TRIBAL GOV-
ERNMENTS.—In exercising authorities under title I during 
a public health emergency, the President (and any officer 
or employee of the United States to which authorities under 
such title I have been delegated)— 
‘‘(1) may exercise the prioritization or allocation 
authority provided in such title I to exclude any ma-
terials or supplies described in subsection (a) ordered 
by a State, local, or Tribal government that are 
scheduled to be delivered within 15 days of the time 
at which— 
‘‘(A) the purchase order or contract by the 
Federal Government for such materials or sup-
plies is made; or 
‘‘(B) the materials or supplies are otherwise 
allocated by the Federal Government under the 
authorities contained in this Act; and 
‘‘(2) shall, within 24 hours of any exercise of the 
prioritization or allocation authority provided in 
such title I— 
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‘‘(A) to the extent practicable notify any 
State, local, or Tribal government if the Presi-
dent determines that the exercise of such authori-
ties would delay the receipt of such materials or 
supplies ordered by such government; and 
‘‘(B) take such steps as may be necessary, 
and as authorized by law, to ensure that such 
materials or supplies ordered by such govern-
ment are delivered in the shortest possible period, 
consistent with the purposes of this Act. 
‘‘(c) ENGAGEMENT WITH THE PRIVATE SECTOR.— 
‘‘(1) OUTREACH
REPRESENTATIVE.—Consistent 
with the authorities in this title VII, the Adminis-
trator of the Federal Emergency Management Agency, 
in consultation with the Secretary of Health and 
Human Services, may designate or appoint, pursuant 
to section 703, an individual to be known as the ‘Out-
reach Representative’ for any public health emer-
gency. Such individual shall— 
‘‘(A) be appointed from among individuals 
with substantial experience in the production or 
distribution of medical supplies or equipment; 
and 
‘‘(B) act as the Government-wide single 
point of contact during the public health emer-
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gency for outreach to manufacturing companies 
and their suppliers who may be interested in 
producing medical supplies or equipment, in-
cluding the materials described under subsection 
(a). 
‘‘(2) ENCOURAGING PARTNERSHIPS.—During a 
public health emergency, the Outreach Representative 
shall seek to develop partnerships between companies, 
in coordination with any overall coordinator ap-
pointed by the President to oversee the response to the 
public health emergency, including through the exer-
cise of the authorities delegated by the President 
under section 708. 
‘‘(d) ENHANCEMENT
OF SUPPLY CHAIN PRODUC-
TION.—In exercising authority under title III during a 
public health emergency with respect to materials described 
in subsection (a), the President shall seek to ensure that 
support is provided to companies that comprise the supply 
chains for reagents, components, raw materials, and other 
materials and items necessary to produce or use the mate-
rials described in subsection (a), if applicable, to the extent 
necessary for the national defense during the public health 
emergency. 
‘‘(e) ENHANCED
REPORTING
DURING
A
PUBLIC 
HEALTH EMERGENCY.— 
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‘‘(1) IN GENERAL.—Not later than 90 days after 
the use of authorities under this Act with respect to 
a public health emergency, and every 120 days there-
after until the termination of such public health emer-
gency, the President, in consultation with the Admin-
istrator of the Federal Emergency Management Agen-
cy, the Secretary of Defense, and the Secretary of 
Health and Human Services, shall submit to the ap-
propriate congressional committees a report on the ex-
ercise of authorities under titles I, III, and VII with 
respect to the public health emergency. 
‘‘(2) CONTENTS.—Each report required under 
paragraph (1) shall include the following: 
‘‘(A) IN GENERAL.—With respect to each ex-
ercise of such authority— 
‘‘(i) an explanation of the purpose of 
the applicable contract, purchase order, or 
other exercise of authority (including an al-
location of materials, services, and facilities 
under section 101(a)(2)); 
‘‘(ii) the cost of such exercise of author-
ity; and 
‘‘(iii) if applicable— 
‘‘(I) the amount of goods that 
were purchased or allocated; 
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‘‘(II) an identification of the enti-
ty awarded a contract or purchase 
order or that was the subject of the ex-
ercise of authority; and 
‘‘(III) an identification of any en-
tity that had shipments delayed by the 
exercise of any authority under this 
Act. 
‘‘(B) CONSULTATIONS.—A description of 
any consultations conducted with relevant stake-
holders on the needs addressed by the exercise of 
the authorities described in paragraph (1). 
‘‘(3) UPDATE.—The President shall provide an 
additional briefing to the appropriate congressional 
committees on the matters described under paragraph 
(2) no later than four months after the submission of 
each report. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘appropriate congressional commit-
tees’ means the Committees on Appropriations, Armed 
Services, Energy and Commerce, Financial Services, 
and Homeland Security of the House of Representa-
tives and the Committees on Appropriations, Armed 
Services, Banking, Housing, and Urban Affairs, 
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Health, Education, Labor, and Pensions, Homeland 
Security and Governmental Affairs, and Veterans’ Af-
fairs of the Senate. 
‘‘(2) PUBLIC
HEALTH
EMERGENCY.—The term 
‘public health emergency’ means a public health emer-
gency determined pursuant to section 319 of the Pub-
lic Health Service Act (42 U.S.C. 247d). 
‘‘(3) RELEVANT STAKEHOLDER.—The term ‘rel-
evant stakeholder’ means— 
‘‘(A) representative private sector entities; 
‘‘(B) representatives of the nonprofit sector; 
‘‘(C) representatives of primary and sec-
ondary school systems; and 
‘‘(D) representatives of organizations rep-
resenting workers, including health workers, 
manufacturers, teachers, other public sector em-
ployees, and service sector workers. 
‘‘(4) STATE.—The term ‘State’ means each of the 
several States, the District of Columbia, the Common-
wealth of Puerto Rico, and any territory or possession 
of the United States.’’. 
(c) UPDATE TO FEDERAL REGULATIONS.— 
(1) DPAS.—Not later than 30 days after the 
date of enactment of this Act, the Defense Property 
Accountability System regulations (15 C.F.R. part 
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700) shall be revised to reflect the requirements of sec-
tion 712(b) of the Defense Production Act of 1950. 
(2) FAR.—Not later than 30 days after the revi-
sions required by paragraph (1) are made, the Fed-
eral Acquisition Regulation shall be revised to reflect 
the requirements of section 712(b) of the Defense Pro-
duction Act of 1950, consistent with the revisions 
made pursuant to paragraph (1). 
SEC. 3. REPORT ON ACTIVITIES INVOLVING SMALL BUSI-
NESS. 
The report required by section 304(f)(3) of the Defense 
Production Act of 1950 (50 U.S.C. 4534(f)(3)) with respect 
to fiscal years 2023 and 2024 shall include the percentage 
of contracts awarded using funds to carry out the Defense 
Production Act of 1950 for each of the fiscal years 2023 
and 2024, respectively, to small business concerns (as de-
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 Produc-
tion Act of 1950 to respond to the public health 
emergencies, to provide additional oversight of 
such authorities, and for other purposes. 
MAY 23, 2024 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
VerDate Sep 11 2014 
04:34 May 24, 2024
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