I 
116TH CONGRESS 
2D SESSION 
H. R. 6719 
To require the Federal Government to provide critical health care resources 
in response to the COVID–19 pandemic. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 5, 2020 
Mr. KHANNA introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittees on Financial Services, Energy and Commerce, and the Budget, 
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 require the Federal Government to provide critical health 
care resources in response to the COVID–19 pandemic. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Emergency Medical 
Supplies Procurement Act’’. 
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SEC. 2. FEDERAL PROVISION OF CRITICAL HEALTH CARE 
RESOURCES. 
(a) REQUIREMENT TO PROVIDE CRITICAL HEALTH 
CARE RESOURCES.— 
(1) 
IN
GENERAL.—The 
President, 
acting 
through the Administrator of the Federal Emer-
gency Management Agency, and in consultation with 
the Secretary of Health and Human Services and 
the head of any other relevant Federal agency, shall 
fulfill, to the greatest extent possible and with due 
urgency, according to need, all requests from States 
for critical health care resources that are required to 
support medical providers, treat patients, or promote 
the general well-being in response to, or to recover 
from, the outbreak of COVID–19. 
(2) USE OF AUTHORITIES.—To carry out para-
graph (1), the President shall make use of any and 
all available authorities at the disposal of the Fed-
eral Government to procure, manufacture, and sup-
port the manufacturing of critical health care re-
sources, including emergency authorities such as the 
Defense Production Act of 1950 (50 U.S.C. 4511 et 
seq.), the National Emergencies Act (50 U.S.C. 
1601 et seq.), and the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 
5121 et seq.). 
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(3) DETERMINATION
OF
EMERGENCY
END 
DATE.—The Secretary of Health and Human Serv-
ices and the Administrator of the Federal Emer-
gency Management Agency shall jointly— 
(A) determine the date on which all re-
quests from States for critical health care re-
sources related to the outbreak of COVID–19 
are fulfilled or otherwise resolved, which shall 
not be earlier than the day after the date on 
which no new cases of COVID–19 are reported 
in the United States for a period of not less 
than 14 consecutive days; and 
(B) promptly submit to Congress and the 
Secretary of the Treasury a certification indi-
cating the date determined under subparagraph 
(A). 
(b) REPORTS TO CONGRESS.—Not later than 7 days 
after the date of enactment of this Act, and every 7 days 
thereafter until the COVID–19 emergency end date, the 
Secretary of Health and Human Services and the Admin-
istrator of the Federal Emergency Management Agency 
shall jointly submit to Congress a report on the implemen-
tation of and activities authorized by this section, includ-
ing information on— 
(1) the use of funds; 
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(2) the number of requests received from States 
for critical health care resources, including the con-
tents of the requests and the dates on which the re-
quests are received and fulfilled; 
(3) if any State request received has not been 
fulfilled or has been partially fulfilled, the reasons 
why the request was not fully fulfilled; 
(4) the distribution of critical health care re-
sources by State, geographic area, and need; 
(5) the criteria or methodology used to guide 
the prioritization of State requests and the distribu-
tion of critical health care resources; and 
(6) the sources of the critical health care re-
sources provided to States, including the prices paid 
by the Federal Government for such critical health 
care resources and to which suppliers such amounts 
were paid. 
(c) FUNDING; LIMITATIONS.— 
(1) FUNDING.—There is appropriated, out of 
amounts in the Treasury not otherwise appropriated, 
for the fiscal year ending September 30, 2020, to re-
main available until the COVID–19 emergency end 
date, $75,000,000,000 to the Federal Emergency 
Management Agency to carry out this section. 
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(2) LIMITATION.—No funds made available 
under this section shall be provided to— 
(A) any person who is a Federal elected of-
ficial or serving in a Senior Executive Service 
position; or 
(B) any entity that is controlled in whole 
or in part by a Federal elected official or serv-
ing in a Senior Executive Service position. 
(3) EMERGENCY DESIGNATION.— 
(A) IN GENERAL.—The amounts provided 
under this section are designated as an emer-
gency requirement pursuant to section 4(g) of 
the Statutory Pay-As-You-Go Act of 2010 (2 
U.S.C. 933(g)). 
(B) DESIGNATION
IN
SENATE.—In the 
Senate, this section is designated as an emer-
gency requirement pursuant to section 4112(a) 
of H. Con. Res. 71 (115th Congress), the con-
current resolution on the budget for fiscal year 
2018. 
(d) DEFINITIONS.—In this section— 
(1) the term ‘‘COVID–19 emergency end date’’ 
means the date on which all requests from States for 
critical health care resources related to the outbreak 
of COVID–19 are fulfilled or otherwise resolved, as 
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certified by the Administrator of the Federal Emer-
gency Management Agency and the Secretary of 
Health and Human Services under subsection (a)(3); 
(2) the term ‘‘critical health care resources’’ in-
cludes— 
(A) personal protective equipment (such as 
surgical masks, N–95 respirator masks, sur-
gical gowns, and face visors); 
(B) ventilators; 
(C) testing reagents and compounds; 
(D) approved vaccines, therapeutics, diag-
nostics, pharmaceuticals, small molecule active 
pharmaceutical ingredients, and other necessary 
drugs; 
(E) ancillary medical supplies, and other 
applicable supplies required for the administra-
tion of drugs, vaccines and other biological 
products, medical devices, and diagnostic tests; 
and 
(F) other medical supplies or hospital in-
frastructure, as necessary; 
(3) the term ‘‘Senior Executive Service posi-
tion’’ has the meaning given that term in section 
3132(a) of title 5, United States Code; and 
(4) the term ‘‘State’’ means— 
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(A) each of the several States of the 
United States; 
(B) the District of Columbia; 
(C) the Commonwealth of Puerto Rico; 
(D) Guam; 
(E) American Samoa; 
(F) the Commonwealth of the Northern 
Mariana Islands; 
(G) the Federated States of Micronesia; 
(H) the Republic of the Marshall Islands; 
(I) the Republic of Palau; 
(J) the United States Virgin Islands; and 
(K) an Indian tribe, as defined in section 
4(e) of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304(e)). 
Æ 
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