I 
116TH CONGRESS 
2D SESSION 
H. R. 6711 
To provide for the expedited and transparent procurement and distribution 
of equipment and supplies needed to combat COVID–19. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 5, 2020 
Mr. CROW (for himself, Ms. SLOTKIN, Mr. RYAN, Ms. PORTER, Mr. SCHNEI-
DER, Ms. SCANLON, Ms. GARCIA of Texas, Mr. ESPAILLAT, Ms. CRAIG, 
Mr. TONKO, Ms. ROYBAL-ALLARD, Ms. TLAIB, Mr. MALINOWSKI, Mr. 
NEGUSE, Mr. ROSE of New York, Mr. GALLEGO, Mr. CLAY, Ms. 
WEXTON, Mr. PAPPAS, Mr. KHANNA, Ms. KUSTER of New Hampshire, 
Mr. THOMPSON of Mississippi, Ms. SCHRIER, Mr. LEVIN of Michigan, 
Mr. ROUDA, Mr. KILMER, Mr. RUPPERSBERGER, Mr. BRENDAN F. 
BOYLE of Pennsylvania, Mr. LARSON of Connecticut, Mr. SOTO, Ms. 
DELAURO, Mr. RASKIN, Mrs. HAYES, Mrs. FLETCHER, Ms. UNDER-
WOOD, Mr. LEVIN of California, Ms. DEGETTE, Mr. TRONE, Mr. DEFA-
ZIO, Mr. VARGAS, Mrs. LURIA, Mrs. DEMINGS, Ms. KAPTUR, Mr. DAVID 
SCOTT of Georgia, Mr. CISNEROS, Ms. VELA´ZQUEZ, Mr. MOULTON, Ms. 
JACKSON LEE, and Ms. FUDGE) introduced the following bill; which was 
referred to the Committee on Financial Services, and in addition to the 
Committees on Transportation and Infrastructure, Armed Services, and 
Energy and Commerce, 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 provide for the expedited and transparent procurement 
and distribution of equipment and supplies needed to 
combat COVID–19. 
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 ‘‘Medical Supply Trans-
parency and Delivery Act’’. 
SEC. 2. EMERGENCY PRODUCTION OF MEDICAL EQUIP-
MENT AND SUPPLIES TO ADDRESS COVID–19. 
(a) EXECUTIVE OFFICER FOR CRITICAL MEDICAL 
EQUIPMENT AND SUPPLIES.— 
(1) APPOINTMENT.—Not later than 3 days 
after the date of the enactment of this Act, the Sec-
retary of Defense shall appoint, detail, or tempo-
rarily assign a civilian to serve as the Executive Of-
ficer for Critical Medical Equipment and Supplies 
(in this section referred to as the ‘‘Executive Offi-
cer’’), who shall— 
(A) direct, through the National Response 
Coordination Center of the Federal Emergency 
Management Agency, the national production 
and distribution of critical medical equipment 
and supplies, including personal protective 
equipment, in support of the response of the 
Federal Emergency Management Agency to the 
Coronavirus Disease 2019 (commonly known as 
‘‘COVID–19’’); and 
(B) report directly to the Administrator of 
the Federal Emergency Management Agency 
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for the duration of the appointment, detail, or 
temporary assignment. 
(2) QUALIFICATIONS.—The Secretary of De-
fense, in consultation with the Administrator of the 
Federal Emergency Management Agency, shall se-
lect the individual to serve as the Executive Officer 
from among individuals with sufficient experience in 
defense and industrial acquisition and production 
matters, including such matters as described in sec-
tion 668(a)(1)(B) of title 10, United States Code. 
(3) AUTHORITIES.—The Executive Officer, act-
ing through the National Response Coordination 
Center and in direct consultation with the Secretary 
of Homeland Security, the Secretary of Defense, the 
Secretary of Health and Human Services, and the 
Secretary of Commerce, shall use all available Fed-
eral acquisition authorities, including the authorities 
described under sections 101(b), 102, 301, 302, 303, 
704, 705, 706, 708(c) and (d), and 710 of the De-
fense Production Act of 1950 (50 U.S.C. 4511(b), 
4512, 4531, 4532, 4533, 4554, 4555, 4556, 4558 
(c) and (d), and 4560), to oversee all acquisition and 
logistics functions related to the response by the Na-
tional Response Coordination Center to COVID–19. 
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(4) RESPONSIBILITIES.—The Executive Officer, 
as the officer overseeing the acquisition and logistics 
functions of the response by the National Response 
Coordination Center to COVID–19, shall— 
(A) receive all requests for equipment and 
supplies, including personal protective equip-
ment, from States and Indian Tribes; 
(B) make recommendations to the Presi-
dent on utilizing the full authorities available 
under the Defense Production Act of 1950 (50 
U.S.C. 4501 et seq.) to increase production ca-
pacity as identified under subparagraphs (C) 
and (H) of subsection (c)(1); 
(C) ensure that allocation of critical re-
sources is carried out in a manner consistent 
with the needs identified in the reports required 
by subsection (c); 
(D) direct, in consultation with the Federal 
Emergency Management Agency, the Depart-
ment of Health and Human Services, the De-
fense Logistics Agency, and other Federal agen-
cies as appropriate, all distribution of critical 
equipment and supplies to the States and In-
dian 
Tribes, 
through 
existing 
commercial 
distributers where practical; 
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(E) communicate with State and local gov-
ernments and Indian Tribes with respect to 
availability and delivery schedule of equipment 
and supplies; 
(F) contribute to the COVID–19 strategic 
testing plan required by title I of division B of 
the Paycheck Protection Program and Health 
Care Enhancement Act (Public Law 116–139) 
to ensure the Secretary of Health and Human 
Services includes in that plan a comprehensive 
plan to scale production and optimize distribu-
tion of COVID–19 tests, including molecular, 
antigen, and serological tests, in the United 
States; and 
(G) establish, in direct consultation with 
the Secretary of Health and Human Services, 
and the heads of any other appropriate Federal 
agencies, a comprehensive plan to address nec-
essary supply chain issues in order to rapidly 
scale up production of a SARS–CoV–2 vaccine. 
(5) TRANSPARENCY.—The Executive Officer 
shall make available, including on a publicly avail-
able website, information, updated not less fre-
quently than every 3 days, including— 
(A) the reports required by subsection (c); 
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(B) requests for equipment and supplies 
from State governments and Indian Tribes; 
(C) standards used for data collection; 
(D) modeling and any formulas used to de-
termine allocation of equipment and supplies, 
and any related chain of command making final 
decisions on allocations; 
(E) the amount and destination of equip-
ment and supplies delivered; 
(F) an explanation of why any portion of 
a purchase order placed under subsection (d), 
whether to replenish the Strategic National 
Stockpile or otherwise, will not be filled; 
(G) the percentage amounts of procured 
products used to replenish the Strategic Na-
tional Stockpile, targeted to COVID–19 hot-
spots, or going into the commercial market; 
(H) metrics, formulas, and criteria used to 
determine hotspots or areas of critical need at 
the State, county, and Indian Health Service 
area level; 
(I) production and procurement bench-
marks, where practicable; and 
(J) results of the outreach and stakeholder 
reviews required by subsection (c). 
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(6) ADDITIONAL
PERSONNEL.—The Secretary 
of Defense may detail members of the armed forces 
on active duty, or additional civilian employees of 
the Department of Defense, as appropriate, with rel-
evant experience in acquisition matters, to support 
the Executive Officer. 
(7) TERMINATION.—The office of the Executive 
Officer shall terminate 30 days after the Executive 
Officer certifies in writing to Congress that all needs 
of States and Indian Tribes identified in reports 
submitted under subsection (c) have been met and 
all Federal Government stockpiles have been replen-
ished. 
(b) COMMERCIAL SECTOR PARTICIPATION.— 
(1) IN GENERAL.—The Executive Officer shall 
collect and compile data from each of the commer-
cial distributors that is able to fulfill purchase orders 
authorized by this Act through the Federal Emer-
gency Management Agency, the Defense Logistics 
Agency, the Department of Health and Human 
Services, the Department of Veterans Affairs, and 
any other appropriate Federal agencies. 
(2) DATA INCLUDED.—The data to be collected 
and compiled under paragraph (1) includes— 
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(A) the name and address of each delivery 
of supplies and equipment under a purchase 
order authorized by this Act; 
(B) the number of such supplies and 
equipment delivered; and 
(C) the date of each such delivery. 
(c) REPORTS REQUIRED.— 
(1) IN GENERAL.—Not later than 7 days after 
the date of the enactment of this Act, and every 7 
days thereafter until the termination date described 
in subsection (a)(7), the Executive Officer, in coordi-
nation with the National Response Coordination 
Center of the Federal Emergency Management 
Agency, the Defense Logistics Agency, the Depart-
ment of Health and Human Services, the Depart-
ment of Veterans Affairs, and other Federal agen-
cies as appropriate, shall submit to Congress and the 
President, and publish in a timely manner in the 
Federal Register a summary of, a report including— 
(A) an assessment of the needs of the 
States and Indian Tribes for equipment and 
supplies necessary to prevent, identify, mitigate, 
and recover from cases of COVID–19, including 
personal protective equipment, ventilators, test-
ing supplies, construction supplies, and emer-
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gency food sources, for each month during the 
2-year period beginning on the date of the en-
actment of this Act; 
(B) an assessment of the quantities of 
equipment and supplies in the Strategic Na-
tional Stockpile as of the date of the report and 
the projected gap between the quantities of 
equipment and supplies identified as needed in 
the assessment under subparagraph (A) and the 
quantities in the Stockpile; 
(C) an identification of the industry sec-
tors and manufacturers most ready to fulfill 
purchase orders for such equipment and sup-
plies, including manufacturers that may be 
incentivized, through the exercise of authority 
under section 303(e) of the Defense Production 
Act of 1950 (50 U.S.C. 4533(e)), to modify, ex-
pand, or improve production processes to manu-
facture such equipment and supplies; 
(D) an estimate of the funding and other 
measures necessary to rapidly expand manufac-
turing production capacity for such equipment 
and supplies, including— 
(i) any efforts to expand, retool, or re-
configure production lines; 
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(ii) any efforts to establish new pro-
duction lines through the purchase and in-
stallation of new equipment; or 
(iii) the issuance of additional con-
tracts, purchase orders, purchase guaran-
tees, or other similar measures; 
(E) an identification of government and 
privately owned stockpiles of equipment and 
supplies not included in the Strategic National 
Stockpile that could be repaired or refurbished; 
(F) an identification of previously distrib-
uted critical supplies that can be redistributed 
based on current need; 
(G) an identification of critical areas of 
need by county and Indian Health Service area 
in the United States and the metrics and cri-
teria for their identification as critical; 
(H) an inventory of the national produc-
tion capacity for equipment and supplies identi-
fied as needed in the assessment under sub-
paragraph (A); and 
(I) an identification of the needs of essen-
tial employees and healthcare workers based on 
regular stakeholder reviews. 
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(2) FORM OF REPORTS.—Each report required 
by paragraph (1) shall be submitted in unclassified 
form but may include a classified annex. 
(d) PURCHASE ORDERS.— 
(1) IN GENERAL.—Not later than 1 day after 
receiving a report required under subsection (c), the 
President, using authorities provided under the De-
fense Production Act of 1950 (50 U.S.C. 4501 et 
seq.), shall— 
(A) establish a fair and reasonable price 
for the sale of equipment and supplies identified 
in the reports required by subsection (c); and 
(B) issue rated priority purchase orders 
pursuant to Department of Defense Directive 
4400.1, part 101, subpart A of title 45, Code 
of Federal Regulations, or any other applicable 
acquisition authority, to procure equipment and 
supplies identified in the reports required by 
subsection (c). 
(2) DISPOSITION OF UNUSED EQUIPMENT AND 
SUPPLIES.—Any equipment or supplies produced 
pursuant to paragraph (1) using amounts from the 
Defense Production Act Fund and in excess of needs 
identified in reports required by subsection (c) shall 
be deposited in the Strategic National Stockpile. 
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(3) AUTHORIZATION OF CONGRESS TO IMPOSE 
PRICE
CONTROLS.—Paragraph (1)(A) shall be 
deemed to be a joint resolution authorizing the im-
position of price controls for purposes of section 
104(a) of the Defense Production Act of 1950 (50 
U.S.C. 4514(a)). 
(e) WAIVER OF CERTAIN REQUIREMENTS.—The re-
quirements of sections 301(d)(1)(A), 302(d)(1), and sub-
paragraphs (B) and (C) of section 303(a)(6) of the De-
fense Production Act of 1950 (50 U.S.C. 4531(d)(1)(A), 
4532(d)(1), and 4533(a)(6)) are waived for purposes of 
this section until the termination date described in sub-
section (a)(6). 
(f) FUNDING.—Amounts available in the Defense 
Production Act Fund under section 304 of the Defense 
Production Act of 1950 (50 U.S.C. 4534) shall be avail-
able for purchases made under this section. 
(g) DEFINITIONS.—In this section: 
(1) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given the term ‘‘Indian tribe’’ in 
section 4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304). 
(2) INDIAN HEALTH SERVICE AREA.—The term 
‘‘Indian Health Service area’’ has the meaning given 
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the term ‘‘Service area’’ in section 4 of the Indian 
Health Care Improvement Act (25 U.S.C. 1603). 
(3) STATE.—The term ‘‘State’’ means each 
State of the United States, the District of Columbia, 
the Commonwealth of Puerto Rico, American 
Samoa, Guam, the Commonwealth of the Northern 
Mariana Islands, the Virgin Islands of the United 
States, and any other territory or possession of the 
United States. 
(4) UNIFORMED
SERVICES.—The term ‘‘uni-
formed services’’ has the meaning given that term in 
section 101 of title 37, United States Code. 
SEC. 3. ANNUAL COMPTROLLER GENERAL REPORT. 
Not later than 180 days after the date of the enact-
ment of this Act, and annually thereafter, the Comptroller 
General of the United States shall submit to Congress a 
report assessing the Strategic National Stockpile, includ-
ing— 
(1) recommendations for preparing for and re-
sponding to future pandemics; 
(2) recommendations for changes to the Stra-
tegic National Stockpile, including to the manage-
ment of the stockpile; 
(3) in the case of the first report required to be 
submitted under this section— 
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(A) an assessment with respect to how 
much personal protective equipment used for 
the COVID–19 response was sourced within the 
United States and how much was sourced from 
the People’s Republic of China and other for-
eign countries; and 
(B) recommendations with respect to how 
to ensure that the United States supply chain 
for personal protective equipment is better 
equipped to respond to emergencies, including 
through the use of funds in the Defense Pro-
duction Act Fund under section 304 of the De-
fense Production Act of 1950 (50 U.S.C. 4534) 
to address shortages in that supply chain; and 
(4) in the case of each subsequent report re-
quired to be submitted under this section— 
(A) an assessment with respect to how 
much personal protective equipment was im-
ported into the United States in the year pre-
ceding submission of the report and, of that 
equipment, how much would be used to prepare 
for and respond to a future pandemic; and 
(B) a review of the implementation during 
that year of the recommendations required by 
paragraph (3)(B). 
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SEC. 4. OVERSIGHT. 
(a) IN GENERAL.—The Chairperson of the Council 
of the Inspectors General on Integrity and Efficiency shall 
designate any Inspector General responsible for con-
ducting oversight of any program or operation performed 
in support of this Act to oversee the implementation of 
this Act, to the maximum extent practicable and con-
sistent with the duties, responsibilities, policies, and proce-
dures of that Inspector General. 
(b) REMOVAL.—The designation of an Inspector Gen-
eral under subsection (a) may be terminated only for per-
manent incapacity, inefficiency, neglect of duty, malfea-
sance, or conviction of a felony or conduct involving moral 
turpitude. 
Æ 
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