H.R. 3125House117th Congress (2021-2023)Passed House

COVID–19 Emergency Medical Supplies Enhancement Act of 2021

Introduced May 11, 2021

AI-Generated Summary

Updated February 8, 2026 at 2:47 AM UTC

The COVID‑19 Emergency Medical Supplies Enhancement Act of 2021 expands the Defense Production Act so the President can more quickly secure and produce critical medical items needed for the pandemic. It adds new oversight, reporting, and a government‑wide outreach role to coordinate with manufacturers. The law affects federal agencies, state, local and tribal governments, and private companies that make or supply medical equipment and supplies.

Key Provisions

  • Designates a broader list of COVID‑related items—including diagnostic tests, PPE, approved drugs, devices and other medical equipment—as scarce materials that can be prioritized under the Defense Production Act.
  • Amends the DPA to explicitly include public‑health emergency preparedness and response among its authorized activities.
  • Allows the President to prioritize or allocate those materials even if state, local or tribal orders are pending, with a requirement to notify affected governments within 24 hours and to minimize delivery delays.
  • Requires updates to the Defense Property Accountability System regulations and the Federal Acquisition Regulation within 30 days to reflect the new prioritization rules.
  • Creates an “Outreach Representative” appointed by FEMA (in consultation with HHS) to serve as a single point of contact for manufacturers and to foster private‑sector partnerships.
  • Mandates a detailed report to Congress within 90 days on how DPA authorities were used for COVID‑19, including costs, contracts, and any shipment delays, with a follow‑up briefing four months later.
  • Requires reporting on the share of DPA‑funded contracts awarded to small businesses for fiscal years 2022 and 2023.
  • Sets the reporting and notification requirements to expire on December 31 2021 or when the COVID‑19 emergency ends, whichever is later.

Legislative Activity

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8 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

May 19, 2021

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HouseIntro Referral

Introduced in House

May 11, 2021

HouseIntro Referral

Referred to the House Committee on Financial Services.

May 11, 2021

HouseFloor

Mr. Cleaver moved to suspend the rules and pass the bill.

May 18, 2021 • 1:13 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H2456-2458)

May 18, 2021 • 1:13 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 3125.

May 18, 2021 • 1:13 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H2456-2457)

May 18, 2021 • 1:24 PM

HouseFloor

On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H2456-2457)

May 18, 2021 • 1:24 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

May 18, 2021 • 1:24 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

May 19, 2021

Floor Debate

24 members

What members said about H.R. 3125 on the floor

12 Republicans12 Democrats
Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Jun 24, 2022

Mr. Speaker, I stand here in the name of Mr. Garza, whose daughter in Uvalde bled out, Buffalo, Tulsa, Parkland, Santa Fe, and Sandy Hook. I stand here with the recognition of my chairman, Mr.…

Jerrold Nadler
Rep. Jerrold NadlerD-NY-10 · Jun 24, 2022

Mr. Speaker, pursuant to House Resolution 1204, I call up the bill (S. 2938) to designate the United States Courthouse and Federal Building located at 111 North Adams Street in Tallahassee, Florida,…

Nancy Pelosi
Rep. Nancy PelosiD-CA-12 · Jun 24, 2022

Mr. Speaker, I thank the gentleman for yielding and for his extraordinary leadership in bringing this very important legislation to the floor. I commend the chairman, as well as Mr. Mike Thompson,…

Jim Jordan
Rep. Jim JordanR-OH-4 · Jun 24, 2022

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, let me first say, God bless the United States Supreme Court. And God bless President Trump for the people he selected for our…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Jun 24, 2022

Mr. Speaker, for years, the gun violence epidemic in our country has forced us to cope with immeasurable grief and loss. Throughout America, many communities have begun to erect memorials to remember…

Show 8 more
Debbie Dingell
Rep. Debbie DingellD-MI-12 · Jun 24, 2022

Mr. Speaker, I rise today in support of the Bipartisan Safer Communities Act. It is past time that Congress take action to end the gun violence epidemic that is harming communities across the Nation.…

Suzanne Bonamici
Rep. Suzanne BonamiciD-OR-1 · Jun 24, 2022

Mr, Speaker, I rise today in support of the Bipartisan Safer Communities Act, long overdue legislation to address gun violence in our schools and neighborhoods. Although this legislation is far from…

Emanuel Cleaver
Rep. Emanuel CleaverD-MO-5 · May 18, 2021

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…

Dan Bishop
Rep. Dan BishopR-NC-9 · Jun 24, 2022

Mr. Speaker, in Dobbs earlier this great morning, and in the New York State RPA decision yesterday, the Supreme Court declared something astonishing, which has electrified the country and left…

Thomas Massie
Rep. Thomas MassieR-KY-4 · Jun 24, 2022

Mr. Speaker, I thank the gentleman from Ohio for yielding time. The Democrats today describe this Senate bill as a step forward. If you are saving lives, it is a step backward, folks. If you are…

Mike Johnson
Rep. Mike JohnsonR-LA-4 · Jun 24, 2022

Mr. Speaker, Speaker Pelosi just lectured us. She said guns are the number one killer of children in America. That is not true. Abortion violence is the number one killer of children in America,…

J. French Hill
Rep. J. French HillR-AR-2 · May 18, 2021

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…

Juan Vargas
Rep. Juan VargasD-CA-51 · May 18, 2021

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…

Show 11 more
Mike Thompson
Rep. Mike ThompsonD-CA-5 · Jun 24, 2022

Mr. Speaker, I rise in strong support of this legislation, the Bipartisan Safer Communities Act. While the tragic loss of 19 precious children and 2 teachers in Uvalde, Texas, and the disgusting…

Chip Roy
Rep. Chip RoyR-TX-21 · Jun 24, 2022

Mr. Speaker, I thank the gentleman from Ohio for yielding. Today, the United States Supreme Court stood up in defense of the Constitution in recognizing that it is the people--the people--who should…

Andy Biggs
Rep. Andy BiggsR-AZ-5 · Jun 24, 2022

Mr. Speaker, I thank God for the decision that stops the heinous practice that has taken more than 60 million lives in this country over the last 50 years. I thank God that those voices that have…

Tom McClintock
Rep. Tom McClintockR-CA-4 · Jun 24, 2022

Mr. Speaker, instead of treating law-abiding citizens as if they were criminals, maybe we should start treating criminals as if they were criminals. Stop the plea bargains, put gun predators behind…

Rodney Davis
Rep. Rodney DavisR-IL-13 · Jun 24, 2022

Mr. Speaker, I thank my good friend, Mr. Jordan, for yielding. Mr. Speaker, I rise today in opposition to this anti-Second Amendment legislation. I know firsthand how important firearm ownership and…

Scott Fitzgerald
Rep. Scott FitzgeraldR-WI-5 · Jun 24, 2022

Mr. Speaker, what a great day for the babies and--as the Speaker described it--the Trump-McConnell Supreme Court. Mr. Speaker, I rise today in opposition to the House amendment to S. 2938. This bill…

Andrew S. Clyde
Rep. Andrew S. ClydeR-GA-9 · Jun 24, 2022

Mr. Speaker, I thank my colleague from Ohio, soon to be the Judiciary chair, for yielding. First, thank you to the Supreme Court for removing the curse of abortion sanctioned by a Federal Court…

Mikie Sherrill
Rep. Mikie SherrillD-NJ-11 · Jun 24, 2022

Mr. Speaker, today has been a tough day as we watch an extremist and politicized Supreme Court roll back protections Americans have relied on for decades. But there is good news coming out of…

Steven Horsford
Rep. Steven HorsfordD-NV-4 · Jun 24, 2022

Mr. Speaker, today, June 24, 2022, marks 30 years to the day that my father was shot and killed by senseless gun violence. So, I stand here emotional as I prepare to cast a vote in favor of the…

Ben Cline
Rep. Ben ClineR-VA-6 · Jun 24, 2022

Mr. Speaker, I thank the gentleman for yielding. I rise in defense of our Constitution today, in defense of law- abiding American citizens, and against this Senate gun control bill. This legislation…

Yvette D. Clarke
Rep. Yvette D. ClarkeD-NY-9 · Jun 24, 2022

Mr. Speaker, I rise today as a proud New Yorker deeply troubled by the epidemic of gun violence that has plagued our Nation for too long, leaving a wake of sorrow and grief that extends from…

Bill Text

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Latest
Referred in SenateIssued May 19, 2021

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.

1.

Short title

This Act may be cited as the COVID–19 Emergency Medical Supplies Enhancement Act of 2021.

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.

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).

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 delegated by the President under section 708 of the Defense Production Act of 1950 (50 U.S.C. 4558).

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.

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.

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).

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.

Passed the House of Representatives May 18, 2021.

Cheryl L. Johnson,

Clerk