[Congressional Record Volume 167, Number 86 (Tuesday, May 18, 2021)]
[House]
[Pages H2456-H2458]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
COVID-19 EMERGENCY MEDICAL SUPPLIES ENHANCEMENT ACT OF 2021
Mr. CLEAVER. Mr. Speaker, I move to suspend the rules and pass the
bill (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.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3125
Be it enacted by the Senate and House of Representatives 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''.
SEC. 2. DETERMINATION ON EMERGENCY SUPPLIES AND OTHER PUBLIC
HEALTH EMERGENCIES.
(a) COVID-19 Pandemic Response.--For the purposes 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 emergency period, to be scarce
and critical materials essential to the national defense and
otherwise meet the requirements of section 101(b) of such
Act, and funds available to implement such Act may be used
for the purchase, production (including the construction,
repair, and retrofitting 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 Regulations) for the
detection of SARS-CoV-2 or the diagnosis of the virus that
causes COVID-19, and the reagents and other materials
necessary for producing, conducting, or administering such
products, and the machinery, equipment, laboratory capacity,
or other technology necessary to produce such products.
(2) Face masks and personal protective equipment, including
non-surgical isolation gowns, face shields, nitrile gloves,
N-95 filtering facepiece respirators, and any other masks or
equipment (including durable medical equipment) determined by
the Secretary of Health and Human Services to be needed 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 defined 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 approved, 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, additional 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
delivery, 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 national defense for purposes of section 101
of the Defense Production Act of 1950 (50 U.S.C. 4511).
(b) Future Preparedness for Health Emergencies.--Section
702(14) of the Defense Production Act of 1950 is amended by
striking ``and critical infrastructure protection and
restoration'' and inserting ``, critical 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 materials 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
(B) the materials are otherwise allocated by the Federal
Government under the authorities 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 President determines that the
exercise of such authorities would delay the receipt of such
materials 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 delivered 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 revisions
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 consultation 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 distribution of medical
supplies or equipment; and
(2) act as the Government-wide single point of contact
during the COVID-19 emergency for outreach to manufacturing
companies and their suppliers who may be interested in
producing medical supplies or equipment, including the
materials described under section 2.
(b) Encouraging Partnerships.--During the COVID-19
emergency period, the Outreach Representative 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 authorities
[[Page H2457]]
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 respect
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 EMERGENCY.
(a) Report on Exercising Authorities Under the Defense
Production Act of 1950.--
(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 Federal Emergency Management
Agency, the Secretary of Defense, and the Secretary of Health
and Human Services, shall submit to the appropriate
congressional committees a report on the exercise of
authorities 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 paragraph (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
facilities 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 authority; and
(iii) if applicable--
(I) the amount of goods that were purchased or allocated;
(II) an identification of the entity awarded a contract or
purchase order or that was the subject of the exercise of
authority; and
(III) an identification of any entity that had shipments
delayed by the exercise of any authority under the Defense
Production Act of 1950 (50 U.S.C. 4501 et seq.).
(B) Consultations.--A description of any consultations
conducted with relevant stakeholders 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 the report.
(b) Exercise of Loan Authorities.--
(1) In general.--Any loan made pursuant to section 302 or
303 of the Defense Production Act of 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
contained in section 1446 of the BUILD Act of 2018 (22 U.S.C.
9656).
(2) Appropriate congressional committees.--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
Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing 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 period.
SEC. 7. REPORT ON ACTIVITIES INVOLVING SMALL BUSINESS.
The report required by section 304(f)(3) of the Defense
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 Production Act
of 1950 for each of the fiscal years 2022 and 2023,
respectively, to small business concerns (as defined under
section 702 of such Act).
SEC. 8. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committees
on Appropriations, Armed Services, Energy and Commerce,
Financial Services, and Homeland Security of the House of
Representatives and the Committees on Appropriations, Armed
Services, Banking, Housing, and Urban Affairs, Health,
Education, Labor, and Pensions, Homeland Security and
Governmental Affairs, and Veterans' Affairs of the Senate.
(2) COVID-19 emergency period.--The term ``COVID-19
emergency period'' means the period 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
Assistance Act (42 U.S.C. 4121 et seq.) relating to the
Coronavirus Disease 2019 (COVID-19) pandemic; or
(B) September 30, 2025.
(3) Relevant stakeholder.--The term ``relevant
stakeholder'' means--
(A) representative private sector entities;
(B) representatives of the nonprofit sector;
(C) representatives of primary and secondary school
systems; and
(D) representatives of organizations representing 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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Missouri (Mr. Cleaver) and the gentleman from Arkansas (Mr. Hill) each
will control 20 minutes.
The Chair recognizes the gentleman from Missouri.
{time} 1315
General Leave
Mr. CLEAVER. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks on this legislation and to insert extraneous material thereon.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Missouri?
There was no objection.
Mr. CLEAVER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of H.R. 3125, the COVID-19
Emergency Medical Supplies Enhancement Act of 2021, introduced by my
colleague and friend, Mr. Vargas.
The Defense Production Act of 1950 provides the President with a wide
range of authorities to enhance the domestic industrial base to shift
towards the production of goods and materials essential to the defense
of our country.
At the time this law was written, they did not anticipate that
personal protection equipment, vaccines, and other medical supplies
could be essential to the defense of our country. This pandemic has
made abundantly clear that medical materials to ensure our public
health are absolutely essential to the defense of this country.
This bill would ensure that our Nation has access to medical
materials necessary to respond to the COVID-19 pandemic by allowing
certain medical materials to qualify for purchase and increased
production under the DPA's authority. It would also amend the DPA to
ensure that the DPA's authorities could be used to address preparation
for the next public health emergency to help get the United States
ahead of deadly future pandemics.
Additionally, in order to respond to the evolving needs of local
authorities to counter the COVID-19 pandemic, this bill would provide
the Federal Government with the authority to allow State, local, and
Tribal governments' orders for qualifying goods and materials to be
prioritized ahead of the Federal Government.
Finally, to streamline engagement with the private sector on supply
chain support for production of essential materials to counter COVID-
19, this bill provides a framework that includes a dedicated outreach
representative and reporting to Congress on purchases made and
contracts entered into under DPA authority.
I would like to thank Mr. Vargas for his hard work in ensuring that
the President has the necessary tools at his or her disposal when they
respond to the COVID-19 pandemic.
For these reasons, Mr. Speaker, I urge all of my colleagues to
support this bill, and I reserve the balance of my time.
Mr. HILL. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 3125, sponsored by my friend
from California (Mr. Vargas).
His legislation would help strengthen the oversight over this issue
that we are discussing today of using the Defense Production Act's
authorities during this COVID-19 pandemic. It also would help
streamline the use of those authorities so that we ensure that the
Federal Government's response is coordinated effectively with State-led
efforts.
I was proud to cosponsor this bill with my friend from California. I
think every Member of this House recognized that coordination challenge
during the emergency, and it was challenging in some of our States to
see surplus of supply in some States and not in others.
So Mr. Vargas has attempted to focus in during the pandemic on
enhancing that coordination when we are
[[Page H2458]]
using the DPA. That coordination effort would work with private
suppliers of medical items for more efficient and essential
consideration when the U.S. is facing this kind of a public health
emergency.
Although the U.S. appears to be exiting the pandemic now, DPA
authorities are still in use to address our critical medical needs. We
must be especially vigilant as the coronavirus continues to wreak havoc
abroad, giving rise to potential new variants that the medical
community will have to monitor closely.
Of course, we are all now far more sensitized to the pandemic risks
that may arise with little notice in the future. Mr. Vargas'
legislation provides a blueprint for deploying the DPA more rapidly
should we face a public health emergency in the years ahead, all while
allowing for appropriate, active congressional oversight.
I am happy to cosponsor my friend's legislation. I appreciate the
bipartisan work that we have shared undertaking this item in the House
Financial Services Committee.
Mr. Speaker, I reserve the balance of my time.
Mr. CLEAVER. Mr. Speaker, I yield 2 minutes to the gentleman from
California (Mr. Vargas).
Mr. VARGAS. Mr. Speaker, I rise today in support of the COVID-19
Emergency Medical Supplies Enhancement Act, H.R. 3125, because I agree
with my good friend from Arkansas that we don't want to get caught at
low tide with no bathing suit. In fact, that is a very bad idea.
The administration has been extremely effective in using the Defense
Production Act to help produce vaccines and PPE. Following these
efforts, cases and deaths have declined significantly. My bipartisan
bill will support the current use of DPA and facilitate its use in the
future to save lives.
This bill amends the DPA to explicitly include public health
emergency preparedness as a core activity for national defense, as was
mentioned by my good friend from Arkansas.
It also provides guidance to create an outreach representative who
would act as the point person for Federal and private engagement to
increase production of medically necessary materials.
It also requires the administration to provide a much-needed report
clearly conveying the Federal contracts awarded under the DPA
authorities.
Finally, it requires additional reporting on the percentage of
contracts awarded to small businesses.
I urge the administration to disaggregate data on small businesses
awarded the DPA contracts. We need to clearly see the number of
contracts going to individuals from underserved communities, including
communities of color, veterans, and individuals with disabilities.
I am proud to have introduced this bill with my good friend from
Arkansas, Representative Hill; and also my colleagues as cosponsors,
Representatives Taylor, Ryan, and Gonzalez-Colon. In a bipartisan
manner, we have recognized the importance of public health emergency
preparedness, including PPE and vaccine production.
(English translation of the statement made in Spanish is as follows:)
I also want to say that too many people in our Latino communities
have died due to this virus. So, please, now that the vaccine is
available, protect yourselves and protect our community--get vaccinated
today.
Tambien quiero decir que demasiadas personas de nuestras comunidades
Latinas han muerto por este virus. Entonces, por favor, ya que la
vacuna esta disponible, protejanse y protejan a nuestra comunidad--
vayanse a vacunar hoy.
The SPEAKER pro tempore. The gentleman from California will provide a
translation of his remarks to the Clerk.
Mr. HILL. Mr. Speaker, in closing, I thank my friend from California
for his attention to this effort, particularly with the Federal
oversight of how the DPA is used; what we can learn in this
extraordinary past year that we have experienced; and how we can be
better prepared not only now as we assess those contracts and the use
of the Defense Production Act in this pandemic, but how we, as I said,
can have a blueprint for the future. I congratulate him for his work
and I appreciate his leadership.
Mr. Speaker, I have no further speakers, so I yield back the balance
of my time.
Mr. CLEAVER. Mr. Speaker, I yield myself the balance of my time,
which will be very short like this bathing suit.
Mr. Speaker, this bill takes the lessons we have learned over the
past 14 months and builds on the DPA's purpose of harnessing our
domestic industrial base in the interest of national defense to ensure
that we have the medical materials necessary to respond to the COVID-19
pandemic and to future pandemics.
I thank Mr. Vargas for his vision and hard work in ensuring that our
Nation can bring together its leadership and scientific innovation and
our impressive domestic industrial base to support our collective
public health and well-being through access to necessary medical
materials.
Mr. Speaker, I urge all of my colleagues to vote ``yes'' on the bill,
and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Missouri (Mr. Cleaver) that the House suspend the rules
and pass the bill, H.R. 3125.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________