Title: Reopen America Act of 2020
Policy area: Health

Summary:
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>