IIB 
117TH CONGRESS 
1ST SESSION H. R. 3125 
IN THE SENATE OF THE UNITED STATES 
MAY 19, 2021 
Received; read twice and referred to the Committee on Banking, Housing, and 
Urban Affairs 
AN ACT 
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, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘COVID–19 Emergency 
Medical Supplies Enhancement Act of 2021’’. 
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. 
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(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-
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). 
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(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-
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, 
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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 
(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 
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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 
Federal Acquisition Regulation shall be revised to 
reflect the requirements of subsection (a), consistent 
with the revisions made pursuant to paragraph (1). 
SEC. 4. ENGAGEMENT WITH THE PRIVATE SECTOR. 
(a) OUTREACH REPRESENTATIVE.—Consistent with 
the authorities in title VII of the Defense Production Act 
of 1950 (50 U.S.C. 4551 et seq.), the Administrator of 
the Federal Emergency Management Agency, in consulta-
tion with the Secretary of Health and Human Services, 
may designate or appoint, pursuant to section 703 of such 
Act (50 U.S.C. 4553), an individual to be known as the 
‘‘Outreach Representative’’ for the COVID–19 emergency 
period. Such individual shall— 
(1) be appointed from among individuals with 
substantial experience in the production or distribu-
tion of medical supplies or equipment; and 
(2) act as the Government-wide single point of 
contact during the COVID–19 emergency for out-
reach to manufacturing companies and their sup-
pliers who may be interested in producing medical 
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supplies or equipment, including the materials de-
scribed under section 2. 
(b) ENCOURAGING
PARTNERSHIPS.—During the 
COVID–19 emergency period, the Outreach Representa-
tive shall seek to develop partnerships between companies, 
in coordination with any overall coordinator appointed by 
the President to oversee the response to the COVID–19 
emergency, including through the exercise of the authori-
ties delegated by the President under section 708 of the 
Defense Production Act of 1950 (50 U.S.C. 4558). 
SEC. 5. ENHANCEMENT OF SUPPLY CHAIN PRODUCTION. 
In exercising authority under title III of the Defense 
Production Act of 1950 (50 U.S.C. 4531 et seq.) with re-
spect to materials described in section 2, 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 materials described in section 2 to 
the extent necessary for the national defense during the 
COVID–19 emergency period. 
SEC. 6. ENHANCED REPORTING DURING COVID–19 EMER-
GENCY. 
(a) REPORT ON EXERCISING AUTHORITIES UNDER 
THE DEFENSE PRODUCTION ACT OF 1950.— 
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(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the President, 
in consultation with the Administrator of the Fed-
eral Emergency Management Agency, the Secretary 
of Defense, and the Secretary of Health and Human 
Services, shall submit to the appropriate congres-
sional committees a report on the exercise of au-
thorities under titles I, III, and VII of the Defense 
Production Act of 1950 (50 U.S.C. 4501 et seq.) 
prior to the date of such report for the purposes of 
the COVID–19 response. 
(2) CONTENTS.—The report required under 
subsection (a) and the update required under para-
graph (3) shall include the following: 
(A) IN GENERAL.—With respect to each 
exercise of such authority— 
(i) an explanation of the purpose of 
the applicable contract, purchase order, or 
other exercise of authority (including an 
allocation of materials, services, and facili-
ties under section 101(a)(2) of the Defense 
Production Act of 1950 (50 U.S.C. 
4511(a)(2)); 
(ii) the cost of such exercise of au-
thority; and 
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1950, carried out by the United States International 
Development Finance Corporation pursuant to the 
authorities delegated by Executive Order No. 13922, 
shall be subject to the notification requirements con-
tained in section 1446 of the BUILD Act of 2018 
(22 U.S.C. 9656). 
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—For purposes of the notifications required by 
paragraph (1) the term ‘‘appropriate congressional 
committees’’, as used section 1446 of the BUILD 
Act of 2018, shall be deemed to include the Com-
mittee on Financial Services of the House of Rep-
resentatives and the Committee on Banking, Hous-
ing and Urban Development of the Senate. 
(c) SUNSET.—The requirements of this section shall 
terminate on the later of— 
(1) December 31, 2021; or 
(2) the end of the COVID–19 emergency pe-
riod. 
SEC. 7. REPORT ON ACTIVITIES INVOLVING SMALL BUSI-
NESS. 
The report required by section 304(f)(3) of the De-
fense Production Act of 1950 (50 U.S.C. 4534(f)(3)) for 
fiscal years 2022 and 2023 shall include the percentage 
of contracts awarded using funds to carry out the Defense 
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Production Act of 1950 for each of the fiscal years 2022 
and 2023, respectively, to small business concerns (as de-
fined under section 702 of such Act). 
SEC. 8. DEFINITIONS. 
In this Act: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committees on Appropriations, 
Armed Services, Energy and Commerce, Financial 
Services, and Homeland Security of the House of 
Representatives and the Committees on Appropria-
tions, Armed Services, Banking, Housing, and 
Urban Affairs, Health, Education, Labor, and Pen-
sions, Homeland Security and Governmental Affairs, 
and Veterans’ Affairs of the Senate. 
(2) COVID–19 
EMERGENCY
PERIOD.—The 
term ‘‘COVID–19 emergency period’’ means the pe-
riod beginning on the date of enactment of this Act 
and ending on the earlier of— 
(A) the end of the incident period for the 
emergency declared on March 13, 2020, by the 
President under section 501 of the Robert T. 
Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 4121 et seq.) relating to 
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the Coronavirus Disease 2019 (COVID–19) 
pandemic; or 
(B) September 30, 2025. 
(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 
employees, and service sector workers. 
(4) STATE.—The term ‘‘State’’ means each of 
the several States, the District of Columbia, the 
Commonwealth of Puerto Rico, and any territory or 
possession of the United States. 
Passed the House of Representatives May 18, 2021. 
Attest: 
CHERYL L. JOHNSON, 
Clerk. 
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