Sec. 4. General provisions
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The Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq. ) is amended— by redesignating title VII as title III; by striking section 714 and 723; by redesignating sections 701 through 711, section 713, sections 715 through 717, and sections 721 and 722 as sections 301 through 317, respectively; in section 301, as so redesignated, in subsection (e), by inserting and consistent with national defense requirements after practicable ; in section 302, as so redesignated— in paragraph (7)(B), by striking title III each place such term appears in a heading or text, and inserting title II ; and in paragraph (14)— by inserting or section 319 of the Public Health Service Act, after Assistance Act ; and by striking and critical infrastructure protection and restoration and inserting , critical infrastructure protection and restoration, and public health emergency preparedness and response activities ; in section 303, as so redesignated— by striking Any officer and inserting the following:
Any officer ; by striking GS–18 of the General Schedule, as the President deems appropriate to carry out this Act and inserting senior-level positions described under section 5376 of title 5, United States Code, as the President deems appropriate to carry out title I or title II ; and by adding at the end the following: Consistent with the authorities in this title, the Administrator of the Federal Emergency Management Agency, in consultation with the Secretary of Health and Human Services, may designate or appoint, pursuant to subsection (a), an individual to be known as the Outreach Representative for the period of a public health emergency.
Such individual shall— be appointed from among individuals with substantial experience in the production or distribution of medical supplies or equipment; and act as the Government-wide single point of contact during the public health emergency for outreach to manufacturing companies and their suppliers who may be interested in producing medical supplies or equipment. During the period of a public health emergency, 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 public health emergency, including through the exercise of the authorities delegated by the President under section 308. ; in section 304, as so redesignated— by striking
(a); In general .— by striking section 709 and subsection (b), the President may prescribe and inserting section 309 and subsection (b), the President, not later than 360 days after the date of enactment of the DPA Modernization Act of 2026, shall issue ; and by striking subsection (b); in section 305, as so redesignated— in subsection (a)— by striking or appropriate, in his discretion, ; and by striking in order and inserting essential ; in subsection (c), by striking $10,000 and inserting $100,000 ; in subsection (d), by striking $10,000 and inserting $100,000 ; and by adding at the end the following: The authority of the President under this section may not be used to obtain sensitive personally identifiable information. In this subsection, the term sensitive personally identifiable information means personally identifiable information which, if lost, compromised, or disclosed without authorization, could result in substantial harm, embarrassment, inconvenience, or unfairness to an individual. . in section 306, as so redesignated— in subsection (a), by striking he and inserting the President ; in subsection (b), by striking subpena each place such term appears and inserting subpoena ; and by adding at the end the following: A civil action challenging an action taken under this Act may be brought only in the United States Court of Appeals for the District of Columbia Circuit. ; in section 308, as so redesignated— by striking he each place such term appears and inserting the President ; in subsection (c)(2), by striking not less than ten days ; and in subsection (e)— by striking
(1)The individual and inserting The individual ; by striking section 553 of title 5, United States Code and inserting section 309 ; and by striking paragraphs
(2)and (3); in section 309, as so redesignated— in subsection (a), by striking sections 551 through 559 and inserting sections 552 through 552b and sections 554 through 559 ; and by striking subsection (c); in section 310, as so redesignated— by redesignating subsections
(b)through
(g)as subsections
(a)through (f), respectively; in subsection (a), as so redesignated— in paragraph (1), by striking he each place such term appears and inserting the President ; and in paragraph (6)— by striking his or her and inserting the Director’s ; and by striking he or she and inserting the Director ; in subsection (b), as so redesignated— by striking he and inserting the President ; and by striking section 55a of title 5 of the United States Code. Individuals so employed may be compensated at rates not in excess of $50 per diem and while away from their homes or regular places of business they may be allowed transportation and not to exceed $15 per diem in lieu of subsistence and other expenses while so employed and inserting section 3109 of title 5, United States Code ; in subsection (e), as so redesignated, by striking $10,000 and inserting $100,000 ; and in subsection (f), as so redesignated, by striking he and inserting the President ; in section 311, as so redesignated— by striking he and inserting the President ; by striking $133,000,000 for fiscal year 2015 and inserting $250,000,000 for fiscal year 2025 ; and by striking $117,000,000 for each of fiscal years 2020 through 2024 to carry out title III and inserting $5,000,000 for each of fiscal years 2026 through 2031 to the Executive Director of the Defense Production Act Committee and the Fund manager of the Defense Production Act Fund to carry out this Act ; in section 315, as so redesignated— in subsection (a)— by striking title III, and title VII (except sections 707, 708, and 721) and inserting title II, and title III (except sections 307, 308, and 316) ; by striking 2026 and inserting 2031 ; and by striking under title III and inserting under title II ; in subsection (c), by striking section 301 of this Act and inserting section 201 ; and by striking subsection (d); in section 316, as so redesignated, in subsection (l)(3)(D), by striking section 706(b) and inserting section 306(b) ; and in section 317, as so redesignated— in subsection (a), by striking plan for on and inserting plan for ; in subsection (b)— in paragraph (1)— in subparagraph (A), by striking and at the end; in subparagraph (B), by striking the period at the end and inserting a semicolon; and by adding at the end the following: the Fund manager of the Defense Production Act Fund; and the Director of the Office of Management and Budget. ; and by striking paragraph
(2)and inserting the following: The Assistant to the President for National Security Affairs shall serve as the non-voting Chairperson of the Committee. The Director of the Office of Management and Budget shall serve as the Executive Director of the Committee, who shall oversee interagency planning, coordination, and implementation of this Act. ; in subsection (c)— by striking one person and inserting one or more persons ; and by striking such person and inserting each such person ; in subsection (d)— by inserting Chairperson of the before Committee shall ; by striking signed by the Chairperson ; by striking paragraphs
(1)and
(2)and inserting the following: the most recent reports submitted pursuant to section 206; ; by striking paragraph (5); by redesignating paragraphs
(3)and
(4)as paragraphs
(2)and (3), respectively; in paragraph (2), as so redesignated, by striking legislation and inserting legislative ; in paragraph (3), as so redesignated, by striking recommendations for improving and inserting actions taken to improve ; by inserting after paragraph (3), as so redesignated, the following: an evaluation of the effectiveness of each relevant Federal agency in deploying the authorities under title I and title II to address the needs described under section 206(b)(2); a summary of any steps taken to reduce fraud in transactions under this Act and a fraud risk assessment for all activities under undertaken under this Act; and ; and in paragraph (4), as so redesignated, by striking each and inserting any ; by redesignating subsection
(e)as subsection (f); by inserting after subsection
(d)the following: The Executive Director of the Committee shall maintain a database that— compiles and categorizes the actions reported under section 206(b)(3); is available to all members of the Committee, for the purpose of more effective coordination of actions authorized this Act; allows for real-time updates by the members of the Committee; and is subject to appropriate information security, confidentiality, and classification requirements. Not later than 365 days after the date of the enactment of this subsection, the Committee shall develop a toolkit and an online one-stop shop that allows Federal agencies to share information and resources with interested persons regarding the use of authorities under this Act (other than authorities under section 316 or title IV), including the following: The process for solicitations under such authorities, including information on submitting offers and receiving assistance. Opportunities under such authorities for business concerns, including small business concerns (as defined under section 3 of the Small Business Act ( 15 U.S.C. 632 )), to participate in contracts and other funding mechanisms allowed such authorities. A searchable description of awards, including an identification of the awardee and any priority rating for such award, made using such authorities. A description of any voluntary agreements and executive reserves established, consistent with such authorities, including an identification of the parties engaged in each activity and the goals and terms of such activity, as the Committee determines appropriate. The contact information for an individual at each Federal agency to which the President may delegate such authorities. Not later than 365 days after the development of the toolkit required in paragraph (1), and every 6 months thereafter, the Committee shall develop a plan for each Federal agency to which the President has delegated authorities under this Act (other than authorities under section 316 or title IV) to conduct outreach activities to educate the private sector about the commercial opportunities available under such authorities. The Committee shall meet at least twice per year. The Chairperson of the Committee may convene such other meetings as the Chairperson determines necessary. There is established within the Committee a Subcommittee on Emerging Technology. The Subcommittee on Emerging Technology shall analyze— the effects or potential benefits of covered technology on activities determined essential to the national defense; and how covered technology can be used within a single industry or Federal agency, or across industries and Federal agencies, to improve efficiencies, encourage innovation, and address supply chain gaps; The Subcommittee on Emerging Technology shall include, in the annual report of the Defense Production Act Committee, the analysis required under subparagraph (B)(ii), including a description of how covered technology can be used within a single industry or Federal agency, or across industries and Federal agencies, to improve efficiencies, conserve resources, and address supply chain gaps, in support of national defense priorities. For purposes of this paragraph, the Subcommittee shall establish a definition for the term covered technology and, in establishing such definition, shall consider including technologies in the fields of— artificial intelligence and robotics; biotechnology; cryptography and quantum computing; materials science; semiconductors; and space. The Executive Director may establish and convene such additional subcommittees of the Committee as the Executive Director determines appropriate to improve coordination among member agencies of the Committee regarding particular activities authorized under this Act. ; and by adding at the end the following: Not later than 1 year after the date of the enactment of this subsection, the Defense Production Act Committee shall— establish and implement processes and procedures consistent with leading practices in the Fraud Risk Framework established by the Government Accountability Office to combat fraud in transactions undertaken under this Act; train personnel about the standards and practices established and implemented under paragraph (1); and designate a point of contact within the Defense Production Act Committee to be responsible for managing issues relating to fraud, including coordinating with agencies to review fraud-related issues. .
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