I 

116TH CONGRESS 

2D SESSION H. R. 8943 

To direct the President to use authority under the Defense Production Act 

of 1950 to ensure an adequate supply of equipment necessary for limiting 

the spread of COVID–19, to elevate the Director of the Defense Logistics 

Agency as the head of the COVID–19 Joint Acquisition Task Force, 

to require the Director of the Defense Logistics Agency to establish 

a system for States and localities to access covered items during a 

covered emergency, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 10, 2020 

Mr. LARSON of Connecticut (for himself, Mr. COURTNEY, Mrs. HAYES, and 

Mr. HIMES) introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committees on Financial Services, and Transportation and Infrastructure, for a period to be 

subsequently determined by the Speaker, in each case for consideration 

of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To direct the President to use authority under the Defense 

Production Act of 1950 to ensure an adequate supply 

of equipment necessary for limiting the spread of 

COVID–19, to elevate the Director of the Defense Logistics Agency as the head of the COVID–19 Joint Acquisition Task Force, to require the Director of the Defense 

Logistics Agency to establish a system for States and 

localities to access covered items during a covered emergency, and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Pandemic Supplies 

5 Production Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) The global shortage of medical and sanita9 tion supplies due to the COVID–19 pandemic has 

10 paralyzed health care systems and strained emer11 gency response capabilities of governments around 

12 the world. 

13 (2) The pandemic demonstrated the inter14 dependent nature and the limitations of global sup15 ply chains as both our nation and the world com16 petes for a finite number of suppliers for critical 

17 medical and sanitation resources. 

18 (3) Providing a comprehensive understanding of 

19 how to procure, manage, deliver, and sustain at scale 

20 was necessary during this crisis, and will be critical 

21 as the U.S. replenishes current supplies and plans 

22 for future crises. 

23 (4) The Federal Emergency Management Agen24 cy and the Department of Health and Human Serv25 ices were challenged to rapidly identify, procure, and 


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1 deploy large quantities of goods and services while 

2 simultaneously responding and planning for the re3 covery of the United States from this global pan4 demic. 

5 (5) The traditional interagency emergency re6 sponse structure, built to respond to natural disas7 ters typically defined by geographic locales, does not 

8 have the capacity to scale quickly to address a crisis 

9 of this magnitude. 

10 (6) The Department of Defense leveraged ac11 quisition and supply chain expertise are uniquely 

12 suited to rapidly scale and establish acquisition 

13 strategies, for both procurement of supplies, expan14 sion of industrial capabilities and distribution of 

15 such supplies as the COVID–19 response require16 ments evolved. 

17 (7) As the combat logistics support agency for 

18 the Nation, the Defense Logistics Agency (‘‘DLA’’) 

19 manages the global supply chain—from raw mate20 rials to end user to disposition—for the Army, Ma21 rine Corps, Navy, Air Force, Space Force, Coast 

22 Guard, 11 combatant commands, other Federal 

23 agencies, and partner and allied nations. 

24 (8) DLA has supported the COVID–19 re25 sponse of the Department of Defense by increasing 


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1 the production and acquisition of critical items 

2 through existing large-scale contracts across multiple 

3 supply chains. 

4 (9) As a logistics integrator and acquisition and 

5 service provider, DLA has the unique capability to 

6 manage the supply chain that few other organiza7 tions, public or private, can match to assist States, 

8 local governments, hospitals, and health care pro9 viders around the country with supplies so they are 

10 not needlessly competing against one another. 

11 (10) Additionally, the COVID–19 Joint Acqui12 sition Task Force (‘‘JATF’’), established by the 

13 Under Secretary of Defense for Acquisition and 

14 Sustainment, plays a critical role in the national re15 sponse to the COVID–19 pandemic. 

16 (11) The JATF’s understanding of reliance on 

17 foreign suppliers, often many tiers down in the sup18 ply chain, and the impact of that reliance on pro19 ducing at scale has allowed the Secretary of Health 

20 and Human Services to better plan for replenish21 ment of the Strategic National Stockpile. 

22 (12) DLA should provide direct support for 

23 States during the COVID–19 pandemic and future 

24 emergencies. 


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1 (13) DLA can identify private sector capacity 

2 and assess additional needs for vaccines and supplies 

3 during the COVID–19 pandemic and during future 

4 emergencies. 

5 (14) The Department of Health and Human 

6 Services estimated that healthcare providers may 

7 need 3,500,000,000 face masks to meet potential 

8 long-term need. 

9 (15) Testing capacity and testing materials 

10 have not met existing needs, as well as therapeutics. 

11 SEC. 3. USE OF DEFENSE PRODUCTION ACT AUTHORITY 

12 FOR EQUIPMENT NECESSARY FOR LIMITING 

13 SPREAD OF COVID-19. 

14 (a) IN GENERAL.—Immediately upon the enactment 

15 of this Act, the President shall— 

16 (1) determine under section 101(b) of the De17 fense Production Act of 1950 (50 U.S.C. 4511(b)) 

18 that— 

19 (A) medical equipment and supplies, test20 ing materials, ventilators, and personal protec21 tive equipment are scarce and critical material 

22 essential to the national defense; and 

23 (B) the requirements of the national de24 fense for such equipment cannot be met without 

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1 fense Production Act of 1950 (50 U.S.C. 4501 

2 et seq.); 

3 (2) identify private sector capacity to produce 

4 such equipment; and 

5 (3) exercise the authorities provided by the De6 fense Production Act of 1950 to the extent nec7 essary— 

8 (A) to mitigate, where possible, the de9 pendency of the United States on overseas 

10 sources of supply of each such materials during 

11 the global shortage; and 

12 (B) to ensure the immediate adequacy of 

13 productive capacity and supply of ventilators, 

14 N–95 masks and other essential personal pro15 tective equipment, therapeutics, and tests and 

16 testing supplies needed to address the COVID17 19 crisis based on an assessment of needs. 

18 (b) REPORTS.—Beginning on the date of the declara19 tion of a national pandemic or the declaration of a public 

20 health emergency and ending on the date that is 7 days 

21 after the termination of such pandemic or emergency, the 

22 head of the agency coordinating the National response to 

23 the pandemic or emergency, shall submit to Congress 

24 weekly reports on— 


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1 (1) the status of the production of equipment, 

2 ventilators, medical protective gear, therapeutics, 

3 and tests and testing supplies; 

4 (2) available resources; and 

5 (3) the plan for the distribution of equipment, 

6 ventilators, medical protective gear, therapeutics, 

7 and tests and testing supplies. 

8 (c) TERMINATION.—This section, and authorities 

9 carried out pursuant to this section, shall terminate on 

10 the date on which the national emergency declared under 

11 the National Emergencies Act (50 U.S.C. 1601 et seq.), 

12 relating to the COVID-19 outbreak, terminates. 

13 SEC. 4. DEFENSE LOGISTICS AGENCY SYSTEM TO ACCESS 

14 COVERED ITEMS DURING A COVERED EMER15 GENCY. 

16 (a) ESTABLISHMENT.—Not later than 90 days after 

17 the date of the enactment of this Act, the Director of the 

18 Defense Logistics Agency shall— 

19 (1) establish and maintain a online system, or 

20 expand access to an existing system, through which 

21 States and local governments affected by a covered 

22 emergency may submit requests for covered items; 

23 and 

24 (2) establish procedures for fulfilling such re25 quests. 


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1 (b) FUNDING.—The Secretary of Homeland Security, 

2 acting through the Director of the Federal Emergency 

3 Management Agency, shall transfer such amounts as de4 termined by the Secretary of Defense, acting through the 

5 Director of the Defense Logistics Agency, to be derived 

6 from the unobligated balances of amounts appropriated or 

7 otherwise made available to the Disaster Relief Fund, to 

8 reimburse costs that the Secretary of Defense certifies to 

9 the Secretary of Homeland Security were incurred to carry 

10 out this section. 

11 (c) DEFINITIONS.—In this section: 

12 (1) The term ‘‘covered emergency’’ means— 

13 (A) a major disaster declared by the Presi14 dent under section 401 of the Robert T. Staf15 ford Disaster Relief and Emergency Assistance 

16 Act; or 

17 (B) an emergency or disaster declared by 

18 a Governor of a State or the head of a unit of 

19 local government. 

20 (2) The term ‘‘covered item’’ means a good or 

21 service determined by the Director of the Defense 

22 Logistics Agency to be essential to respond to a cov23 ered emergency. 

24 (3) The term ‘‘unit of local government’’ means 

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1 ish, borough, Tribe, or other unit of general govern2 ment. 

3 SEC. 5. COVID–19 JOINT ACQUISITION TASK FORCE. 

4 The Under Secretary of Defense for Acquisition and 

5 Sustainment shall designate the Director of the Defense 

6 Logistics Agency as the head of the COVID–19 Joint Ac7 quisition Task Force (established on March 25, 2020). 

8 SEC. 6. REPORTS. 

9 (a) MASS PRODUCTION OF COVID–19 VACCINE.— 

10 Not later than 60 days after the date of the enactment 

11 of this Act, the Director of the Defense Logistics Agency 

12 shall submit to Congress a report describing the needs of 

13 the domestic manufacturing base for the mass production 

14 of a COVID–19 vaccine, including the raw materials need15 ed and an identification of specific entities that could sup16 port such mass production. 

17 (b) QUARTERLY REPORTS.— 

18 (1) IN GENERAL.—Each quarter, the Director 

19 of the Defense Logistics Agency shall submit to 

20 Congress— 

21 (A) an assessment of the identified needs, 

22 personnel requirements, funding requirements, 

23 and timelines and milestones of operations for 

24 the response and recovery efforts of the Defense 

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1 quisition Task Force during the COVID–19 

2 pandemic; and 

3 (B) a description of any challenges faced 

4 in carrying out such efforts and recommenda5 tions to resolve such challenges. 

6 (2) TERMINATION.—The requirement under 

7 paragraph (1) shall terminate at the end of the first 

8 quarter that begins after the national emergency de9 clared under the National Emergencies Act (50 

10 U.S.C. 1601 et seq.), relating to the COVID–19 out11 break, terminates. 

Æ 


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