I 
117TH CONGRESS 
1ST SESSION H. R. 3125 
To enhance authorities under the Defense Production Act of 1950 to respond 
to the COVID–19 emergency, to provide additional oversight of such 
authorities, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 11, 2021 
Mr. VARGAS (for himself and Mr. HILL) introduced the following bill; which 
was referred to the Committee on Financial Services 
A BILL 
To enhance authorities under the Defense Production Act 
of 1950 to respond to the COVID–19 emergency, to 
provide additional oversight of such authorities, and for 
other purposes. 
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 ‘‘COVID–19 Emergency 
Medical Supplies Enhancement Act of 2021’’. 
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SEC. 2. DETERMINATION ON EMERGENCY SUPPLIES AND 
OTHER PUBLIC HEALTH EMERGENCIES. 
(a) COVID–19 PANDEMIC RESPONSE.—For the pur-
poses of section 101 of the Defense Production Act of 
1950 (50 U.S.C. 4511), the following materials may be 
deemed by the President, during the COVID–19 emer-
gency period, to be scarce and critical materials essential 
to the national defense and otherwise meet the require-
ments of section 101(b) of such Act, and funds available 
to implement such Act may be used for the purchase, pro-
duction (including the construction, repair, and retro-
fitting of government-owned facilities as necessary), or 
distribution of such materials: 
(1) In vitro diagnostic products (as defined in 
section 809.3(a) of title 21, Code of Federal Regula-
tions) for the detection of SARS–CoV–2 or the diag-
nosis of the virus that causes COVID–19, and the 
reagents and other materials necessary for pro-
ducing, conducting, or administering such products, 
and the machinery, equipment, laboratory capacity, 
or other technology necessary to produce such prod-
ucts. 
(2) Face masks and personal protective equip-
ment, including non-surgical isolation gowns, face 
shields, nitrile gloves, N–95 filtering facepiece res-
pirators, and any other masks or equipment (includ-
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ing durable medical equipment) determined by the 
Secretary of Health and Human Services to be need-
ed to respond to the COVID–19 pandemic, and the 
materials, machinery, additional manufacturing lines 
or facilities, or other technology necessary to 
produce such equipment. 
(3) Drugs and devices (as those terms are de-
fined in the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 301 et seq.)) and biological products (as 
that term is defined by section 351 of the Public 
Health Service Act (42 U.S.C. 262)) that are ap-
proved, cleared, licensed, or authorized under either 
of such Acts for use in treating or preventing 
COVID–19 and symptoms related to COVID–19, 
and any materials, manufacturing machinery, addi-
tional manufacturing or fill-finish lines or facilities, 
technology, or equipment (including durable medical 
equipment) necessary to produce or use such drugs, 
biological products, or devices (including syringes, 
vials, or other supplies or equipment related to deliv-
ery, distribution, or administration). 
(4) Any other medical equipment or supplies 
determined by the Secretary of Health and Human 
Services or the Secretary of Homeland Security to 
be scarce and critical materials essential to the na-
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tional defense for purposes of section 101 of the De-
fense Production Act of 1950 (50 U.S.C. 4511). 
(b) FUTURE PREPAREDNESS FOR HEALTH EMER-
GENCIES.—Section 702(14) of the Defense Production 
Act of 1950 is amended by striking ‘‘and critical infra-
structure protection and restoration’’ and inserting ‘‘, crit-
ical infrastructure protection and restoration, and public 
health emergency preparedness and response activities’’. 
SEC. 3. EXERCISE OF TITLE I AUTHORITIES IN RELATION 
TO CONTRACTS BY STATE, LOCAL, OR TRIBAL 
GOVERNMENTS. 
(a) IN GENERAL.—In exercising authorities under 
title I of the Defense Production Act of 1950 (50 U.S.C. 
4511 et seq.) during the COVID–19 emergency period, 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 described in section 2 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 is 
made; or 
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(B) the materials are otherwise allocated 
by the Federal Government under the authori-
ties contained in such Act; and 
(2) shall, within 24 hours of any exercise of the 
prioritization or allocation authority provided in such 
title I— 
(A) to the extent practicable notify any 
State, local, or Tribal government if the Presi-
dent determines that the exercise of such au-
thorities would delay the receipt of such mate-
rials ordered by such government; and 
(B) take such steps as may be necessary, 
and as authorized by law, to ensure that such 
materials ordered by such government are deliv-
ered in the shortest possible period, consistent 
with the purposes of the Defense Production 
Act of 1950. 
(b) 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 
700) shall be revised to reflect the requirements of 
subsection (a). 
(2) FAR.—Not later than 30 days after the re-
visions required by paragraph (1) are made, the 
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