Reopen America Act of 2020
This bill provides appropriations to support efforts to resume social and economic activity impacted by COVID-19 (i.e., coronavirus disease 2019) and otherwise requires actions to support those efforts.
For example, the bill provides appropriations for the Department of Health and Human Services (HHS) to review state reopening plans and reimburse states for related expenses. States may submit plans that maximize economic and social activity while meeting certain public health goals, such as sufficient capacity in the health care system to treat patients without resorting to crisis standards of care. HHS must (1) approve plans, in consultation with the Treasury Department, that meet specified criteria; and (2) reimburse states for certain expenses related to implementing approved plans. HHS shall provide guidance on certain public health safeguards to assist states with developing reopening plans, and states shall provide HHS with information to evaluate implementation efforts.
The federal government must ensure an adequate national supply of testing, protective gear, and other supplies to assist states with reopening plans.
Additionally, the bill provides appropriations for the Biomedical Advanced Research and Development Authority to carry out a program to evaluate various issues with respect to COVID-19 testing, in coordination with the Centers for Disease Control and Prevention.
The bill also establishes in the Defense Logistics Agency (1) the Coronavirus Health Equipment Production Board, and (2) the Coronavirus Reopening Advisory Panel. The board has certain responsibilities over procuring and distributing supplies and may, if necessary, use certain authorities granted to the President under the Defense Production Act of 1950. The panel must advise HHS and the agency concerning reopening plans and must regularly provide a public summary of such advice.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6525 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 6525
To provide the necessary Federal financial and logistical support so
States can reopen their economies once periods of isolation have
sufficiently reduced coronavirus infection and transmission rates, and
with adequate testing and other safeguards to ensure infection rates do
not exceed medical resources, and virus transmission rates are
maintained below 1 and thereby steadily reduce the number of infected,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 17, 2020
Mr. Raskin (for himself, Ms. Shalala, Mr. Jeffries, Ms. Eshoo, Mr.
Welch, Mr. Allred, Mr. Neguse, Mr. Ted Lieu of California, Mr.
Cicilline, Ms. Scanlon, Ms. Jackson Lee, Mr. Malinowski, Mr.
Butterfield, Mr. McGovern, Mr. Cisneros, Mr. Danny K. Davis of
Illinois, Mr. Hastings, Ms. Norton, Mr. Cardenas, Mrs. Dingell, Mr.
Takano, Mrs. Fletcher, Mr. Levin of Michigan, Ms. Garcia of Texas, Mr.
Lowenthal, Ms. Escobar, Mr. Casten of Illinois, Ms. Schrier, Mr. Garcia
of Illinois, Mr. Soto, Mr. Case, Ms. Wasserman Schultz, Mr. Larson of
Connecticut, Ms. Haaland, Mr. Clay, Mr. Deutch, Mr. Moulton, Ms.
Mucarsel-Powell, Mr. Rouda, Ms. Velazquez, Mr. Cox of California, Ms.
Pressley, Mr. Kennedy, Mr. Garamendi, Mr. Espaillat, Ms. Underwood, Mr.
Nadler, Mr. Ryan, Mr. Pocan, Mrs. Lawrence, Mr. Peters, and Mr. Rush)
introduced the following bill; which was referred to the Committee on
Energy and Commerce, and in addition to the Committees on Armed
Services, and Financial Services, 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 the necessary Federal financial and logistical support so
States can reopen their economies once periods of isolation have
sufficiently reduced coronavirus infection and transmission rates, and
with adequate testing and other safeguards to ensure infection rates do
not exceed medical resources, and virus transmission rates are
maintained below 1 and thereby steadily reduce the number of infected,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; DEFINITIONS; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Reopen America Act
of 2020''.
(b) Definitions.--In this Act:
(1) The term ``coronavirus'' means SARS-CoV-2.
(2) The term ``Governor'' means the chief executive officer
of a State.
(3) The term ``reopening plan'' means a coronavirus State
economy reopening plan under section 2.
(4) Except as otherwise specified, the term ``Secretary''
means the Secretary of Health and Human Services.
(5) The term ``State'' means any of the several States, the
District of Columbia, a Tribal government, or a territory of
the United States.
(c) Findings.--The Congress finds the following:
(1) The majority of States have imposed forms of extreme
social isolation, including strict limitations on businesses
and social behaviors, to reduce coronavirus transmission rates
and avoid catastrophic harms to health from infections.
(2) Despite the necessity of such economic and social
restrictions, it is critically important to the economy of the
United States to progressively loosen these restrictions and to
reopen economic and social activity as soon and by as much as
possible, but this reopening must occur under conditions that
ensure infection transmission rates do not rise again, and that
infections do not overwhelm health services, cause unnecessary
deaths and illnesses, or necessitate successive new rounds of
social isolation.
(3) Planning and implementation of State safeguards will be
critical to the achievement of successful economic and social
reopening.
(4) Large increases in test kits, machines, and testing
supplies and of protective gear and supplies designed to limit
disease transmission, are essential to the implementation of
reopening plans that do not lead to unacceptable increases in
transmission rates and maximize the level and rate of economic
reopening.
(5) Once effective treatments become proven, quickly
scaling up their production is also necessary to save lives and
to increase the capacity of the country to remain open.
(6) Because of market uncertainties and the limited time
for production, the necessary level of production will not
occur without aggressive government purchasing and market
guaranties and prioritization of necessary resources.
(7) It is in the public interest for the Federal Government
to assume the added costs of State reopening plans and to
support such plans with necessary technical support and
coordinated procurement and distribution of necessary supplies.
(8) Because extensive testing for coronavirus protection
will be a critical component of reopening strategies, it is
necessary for the Federal Government to advance understanding
of the capacities and potential uses of different, and rapidly
emerging, tests.
SEC. 2. CORONAVIRUS STATE REOPENING PLANS AND STATE PARTNERSHIP
PROCUREMENT PLANS.
(a) Submission of Plan.--Any Governor of a State may submit a
reopening plan to the Secretary for the purpose of allowing the maximum
level of economic and social activity in the State while simultaneously
achieving the public health goals specified in subsection (c).
(b) Federal Reimbursement.--Once per month, or on a more frequent
schedule as specified by the Secretary--
(1) the Governor of a State with a reopening plan with an
approval in effect under subsection (d) may submit for
reimbursement the sum of covered expenses of the State with
appropriate documentation as specified by the Secretary; and
(2) the Secretary shall reimburse the State for such
covered expenses so long as the State is making reasonable
efforts to implement the plan.
(c) Public Health Goals.--
(1) In general.--Subject to paragraph (2), a reopening plan
achieves the public health goals specified in this subsection
if the plan provides reasonable assurance that--
(A) infection and transmission rates at the time of
the commencement of reopening will not exceed the
capacity of local hospitals to safely treat all
patients using available treatment methods without
resorting to crisis standards of care; and
(B) sufficient safeguards will be implemented--
(i) to keep transmission rates of
coronavirus below 1 within the State; and
(ii) to identify and take effective actions
to curb local infection outbreaks before they
lead to hospitalization rates that exceed the
capacity of local hospital services to safely
treat all patients without resorting to crisis
standards of care.
(2) Special rule.--A reopening plan may allow for some
limited initial relaxation of social isolation requirements
even while infection rates are above those specified in
paragraph (1)(A) so long as--
(A) the plan will keep transmission rates below 1;
and
(B) the limited initial relaxation will not
appreciably increase infection rates.
(d) Plan Approval.--
(1) In general.--In consultation with the Secretary of the
Treasury, the Secretary of Health and Human Services shall
approve or disapprove any reopening plan submitted under
subsection (a) within 5 business days of submission if--
(A) the plan provides reasonable assurances of
achieving the public health goals specified in
subsection (c);
(B) the plan includes appropriate documentation as
specified by the Secretary, including the contents
required by subsection (e); and
(C) the actions identified in the plan are not
clearly excessive for achieving the public health goals
specified in subsection (c).
(2) Resubmission.--If the Secretary disapproves a reopening
plan, or any revision of a reopening plan--
(A) the Secretary shall provide an explanation of
the disapproval to the Governor submitting the plan or
revision; and
(B) the Governor of the State involved may--
(i) consult the Secretary concerning the
changes to the plan or revision needed for
approval; and
(ii) revise and resubmit as many times as
needed to obtain approval.
(3) Revisions.--A Governor may submit revisions to the
reopening plan of the respective State as circumstances evolve,
and the Secretary shall approve or disapprove each such
revision within 5 business days of submission.
(4) Deemed approved.--A reopening plan or a revision to a
reopening plan shall be deemed to be approved if the Secretary
fails to approve or disapprove the plan or revision within 5
business days of submission.
(5) Expenses.--In approving a reopening plan, the Secretary
may preapprove a proposed schedule of reimbursements for
covered expenses in agreement with the Governor. If an expense
schedule is not preagreed, the Governor may carry out the plan
and obtain reimbursement for the reasonable cost of covered
expenses. No reimbursement shall occur for goods and services
provided directly to a State or territory by the Coronavirus
Health Equipment Production Board. In the case of a dispute, a
Governor may seek review of the Secretary's reimbursement
decision in the United States Court of Federal Claims.
(e) Contents.--
(1) In general.--A reopening plan shall specify--
(A) the level and timing of the relaxation of
social distancing rules adopted in 2020 in the State to
reduce the risk of coronavirus infections;
(B) the replacement measures the State will take;
and
(C) the reopening safeguards the State will impose
to limit coronavirus infections.
(2) Reopening safeguards.--A reopening plan shall specify
safeguards to achieve the public health goals specified in
subsection (c). Such safeguards may include any of the
following:
(A) Testing, including publicly administered
testing, employment-based testing requirements, mobile
testing programs, school-based testing, or other
testing requirements for social activities, and group
testing.
(B) Requirements for wearing of masks and other
protective gear in employment and social activities,
including requirements that vary by type of work, by
risk factors of individuals, and by activities such as
use of mass transit.
(C) Requirements for public or private temperature
readings or other simple screenings for coronavirus
infections, and follow-up requirements for testing or
isolation.
(D) Demonstrated public procedures, rules,
personnel, and other resources and capacities for
identifying infected individuals, tracing and testing
their contacts, and quarantining infected individuals.
(E) The types of activities reopened, conditions of
reopening, and timing of reopening.
(F) Increases in medical capacities and ability to
shift capacities to address local outbreaks.
(3) Evidence of adequacy.--A reopening plan shall include
the analysis of public health and other scientific experts used
to assess the adequacy of the plan for achieving the public
health goals specified in subsection (c), and such other
information as the Secretary shall, within 10 business days of
the date of enactment of this Act, require to be included.
(f) State Partnership Procurement Plans.--
(1) In general.--Prior to and in conjunction with
submission of a reopening plan, Governors of two or more States
may submit a State Partnership Procurement Plan to obtain
Federal financing of State agreements with suppliers to
increase production and thereby to more reliably assure a level
of testing or other goods and services that would be valuable
for carrying out the reopening plans of such States.
(2) Review and administration.--A State Partnership
Procurement Plan shall be approved by the Secretary in
consultation with the Secretary of the Treasury if it will
reasonably contribute to the implementation of the State
reopening plans. In reviewing such a State Partnership
Procurement Plan for approval, and in reimbursing States for
the costs of such plans, the Secretary shall follow the
procedures set forth in paragraphs (2) through (5) of
subsection (d).
(3) FEMA.--The Administrator of the Federal Emergency
Management Agency shall work with States, if requested, in the
development and carrying out of procurement plans under
paragraph (1).
(g) Reporting.--Every two weeks, or on such schedule as the
Secretary may specify, the Governor of a State with an approved
reopening plan shall provide to the Secretary such information as
necessary and as specified by the Secretary to assess whether
implementation of the plan is achieving the public health goals
specified in subsection (c).
(h) Definitions.--In this section:
(1) The term ``covered expenses'' means the reasonable
costs associated with the following reopening plan activities:
(A) Costs of testing equipment, kits, laboratory
processing, and test administration, excluding costs of
testing by medical personnel that are otherwise covered
by private or public health insurance.
(B) Costs of implementing containment tracking,
testing, and quarantine.
(C) Public costs of information and compliance
systems needed to implement the plan, provide public
information, and track compliance.
(D) Costs of implementing any certification
systems.
(E) The costs of cleaning public facilities and
infrastructure to avoid coronavirus contamination
beyond the typical cleaning of such facilities and
infrastructure.
(F) Costs of increasing hospital capacity to
address COVID-19 patients except that treatment of such
costs as covered expenses shall be at the discretion of
the Secretary.
(G) Reasonable State expenses undertaken in
development of the plan.
(2) The term ``reasonable costs'' shall be based on--
(A) a schedule of costs preapproved by the
Secretary and agreed upon by the Governor; or
(B) a process to be prescribed by the Secretary for
determination of the reasonableness of expenses.
(i) Funding.--The Secretary may, without further appropriation,
obligate and expend such sums as may be necessary for fiscal years 2020
and 2021 to carry out this section.
SEC. 3. GUIDING POLICY OF FEDERAL RESPONSIBILITY FOR ECONOMY REOPENING.
The Federal Government shall ensure an adequate national supply of
testing, protective gear, and critical medical resources and other
equipment and supplies to enable States to be able to develop and
administer reopening plans that meet both public health and economic
recovery goals.
SEC. 4. CORONAVIRUS HEALTH EQUIPMENT PRODUCTION BOARD.
(a) Establishment.--The Director of the Defense Logistics Agency
shall establish, within 5 business days of enactment of this Act, in
the Defense Logistics Agency of the Department of Defense a board, to
be known as the Coronavirus Health Equipment Production Board (in this
section referred to as the ``Board'').
(b) Members.--The members of the Board shall consist of--
(1) the Director of the Defense Logistics Agency (or the
Director's delegate), who shall serve as the Chair of the
Board;
(2) the Director of the Centers for Disease Control and
Prevention (or the Director's delegate);
(3) the Director of the Biomedical Advanced Research
Development Agency (or the Director's delegate);
(4) the Administrator of the Federal Emergency Management
Agency (or the Administrator's delegate);
(5) the Commissioner of Food and Drugs (or the
Commissioner's delegate); and
(6) the Director of the National Institute of Allergy and
Infectious Diseases (or the Director's delegate).
(c) Duties.--The Board shall--
(1) engage in the activities listed in subsection (d) as
appropriate to ensure adequate national and regional
availability of medical and testing equipment and supplies, and
other goods and services for responding to the coronavirus
epidemic and implementation of reopening plans; and
(2) ensure development of the manufacturing and
distribution capacity needed to be able to produce and
distribute as rapidly as possible valuable coronavirus
treatments and vaccines as they become available.
(d) Activities.--In carrying out this section, the Board may engage
in any of the following:
(1) Evaluating needs, uses, and potential shortages of
supplies and equipment.
(2) Procuring and distributing supplies and equipment.
(3) Providing financial guaranties for all or portions of
the costs of production of any goods and services.
(4) Contracting for advisory services.
(e) Staff of Federal Agencies.--Upon request of the Chair of the
Board, the head of any Federal department or agency may detail any of
the personnel of that department or agency to the Board to assist it in
carrying out its duties under this section.
(f) Procurement Methods.--The Board--
(1) shall make maximum effort to carry out its procurement
using voluntary methods; and
(2) may, if the Board determines necessary, use the
authorities granted the President under titles I and III of the
Defense Production Act of 1950 (50 U.S.C. 4501 et seq.).
(g) Funding.--The Board may, without further appropriation in
fiscal years 2020 and 2021, obligate and expend such sums as are
necessary, as determined by the Board, to carry out this section,
except that the Board may obligate and expend not more than $75,000,000
in each of fiscal years 2020 and 2021, for administrative costs.
SEC. 5. GUIDANCE FOR STATE REOPENING PLANS.
(a) In General.--Not later than the date that is 2 weeks after the
date of enactment of this Act, using the best available information,
including information generated in implementing this Act, the Secretary
shall issue guidance on the development of reopening plans that
evaluates the efficiency of different safeguards and the capacity of
different combinations of safeguards to meet the public health goals of
such plans while maximizing social and economic reopening.
(b) Updates.--Not less than every two weeks, the Secretary shall
update such guidance as appropriate to reflect changes in knowledge and
information.
SEC. 6. IMPROVED UNDERSTANDING OF CORONAVIRUS TESTING AND CONTRIBUTION
TO REOPENING PLANS.
(a) In General.--The Director of the Biomedical Advanced Research
and Development Authority (in this section referred to as the
``Director''), in coordination with the Director of the Centers for
Disease Control and Prevention, shall carry out an emergency program to
evaluate on an expedited basis both the reliability of different tests
and forms of testing and the capacity of those tests to contribute to
reopening plans.
(b) Program Components.--This program under this section shall
recognize the different practicalities to scale up different forms of
tests, including self-administered and professionally administered
tests, and shall include the following:
(1) Evaluation of self-administered tests.--The Director
shall institute, on an expedited basis, an evaluation of those
promising self-administered test products that have the
capacity to provide cost-effective, high volume human testing
of either presence of active virus or proof of prior infection
and likely immunity or resistance to reinfection. The Director
shall establish a network of hospitals and research
institutions capable of carrying out these analyses, and shall
quickly develop protocols for such testing with a goal of
providing useful information within one week and more complete
information in two weeks.
(2) Evaluation of professionally administered tests.--The
Director shall review information regarding different tests
that have been developed that require independent technical
personnel and shall conduct such independent evaluations as the
Director determines will be helpful to determine those
mechanisms that have the greatest potential to contribute to
reopening plans.
(3) Evaluation of population-level testing.--The Director
shall evaluate the potential and feasibility of population-
level testing for contributing to State reopening plans. For
purposes of this paragraph, the term ``population-level
testing'' means testing of significant parts of the population
that might be accomplished other than at points of medical
care, and may include testing of the entire or portions of the
population, random testing, rotational testing, mobile testing
programs, and testing of categories of individuals at high risk
of becoming infected or passing on infections.
(4) Potential scale-up.--The Director shall consult with
the industry and shall determine the maximum technical and
economic capacity and shortest times that would be possible to
scale up production and supplies of different methods of
testing.
(5) Determination of infection rates.--The Director shall
implement an emergency serologic testing program in at least
two distinct geographic areas of high infection rates to help
determine levels of infection relative to levels of those with
symptoms, those hospitalized, and those in need of intensive
care.
(6) Use of tests in reopening plans.--The Director shall
evaluate the potential and logistics of different forms of
testing, including mobile testing units, using different
products as appropriate, to contribute to reopening plans.
Possible ways of using testing to be evaluated shall include
using different forms of tests as a way to filter those
available for employment or eligible to engage on other social
activities, use of tests for contact tracing and quarantine,
use of tests for particular categories of high-contact
employment, and use of population-level testing. Based on these
analyses and the best available information regarding sources
and levels of disease transmission, the Director shall provide
as soon as possible recommendations for how different forms of
testing under different requirements might be capable of
contributing to reopening plans and shall update these
recommendations as new information becomes available.
(7) Assistance by government.--All Federal departments and
agencies shall make available on an emergency basis any
requested or useful information to the Director and to the
Coronavirus Testing Advisory Panel for carrying out this
section.
(c) Authorization.--For the period beginning on the date of
enactment of this Act and ending at the end of fiscal year 2021, the
Director may expend such funds, without further appropriation, as
necessary as determined by the Director for carrying out this section.
SEC. 7. CORONAVIRUS REOPENING ADVISORY PANEL.
(a) In General.--Within 10 business days of the date of enactment
of this Act, the Director of the Defense Logistics Agency shall
establish a panel, to be known as the Coronavirus Reopening Advisory
Panel, to advise the Secretary and the members of the Coronavirus
Health Equipment Production Board in carrying out their duties and
authorities under this Act.
(b) Membership.--
(1) In general.--The membership of the Advisory Panel shall
consist of--
(A) three epidemiologists or other experts in
public health;
(B) three experts in economics or business;
(C) three experts in production systems; and
(D) three experts with experience directly
representing workers and ensuring their health and
safety in the workplace.
(2) Appointment.--The President, the Speaker of the House
of Representatives, and the majority leader of the Senate shall
each appoint 1 member of the Advisory Panel in each of the 4
categories listed in paragraph (1).
(3) Chair.--At the first meeting of the Advisory Panel, the
Advisory Panel shall select a chair of the Advisory Panel from
among its members.
(4) Pay.--Each member of the Advisory Panel shall be paid
at a rate equal to the daily equivalent of the annual rate of
basic pay for level I of the Executive Schedule for each day
(including travel time) during which such member is engaged in
the actual performance of duties vested in the Advisory Panel.
(c) Obtaining Official Data.--The Advisory Panel may secure
directly from any department or agency of the United States information
necessary to enable the Advisory Panel to carry out this section. Upon
request of the Chair of the Advisory Panel, the head of that department
or agency shall furnish that information to the Advisory Panel.
(d) Independence.--The Advisory Panel shall formulate and deliver
advice pursuant to this section on an independent basis and shall not
be required by any executive branch official to limit or alter its
advice.
(e) Public Summary.--Not less than every 2 weeks, the Advisory
Panel shall publish a public summary of the advice provided by the
Advisory Panel under this section.
(f) Relation to Other Law.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Advisory Panel.
(g) Funding.--The Director of the Defense Logistics Agency shall
fund the costs of this panel from the sums authorized and appropriated
to the Coronavirus Health Equipment Production Board.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Armed Services, and Financial Services, 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.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Armed Services, and Financial Services, 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.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Armed Services, and Financial Services, 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.
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