,i #aafth ,,congress #b;d ,session ,h4 ,r4 #febe ,,in ,,the ,,house ,,of ,,representatives ,april #ag1 #bjbj,mr4 ,raskin 7for himself1 ,ms4 ,shalala1 ,mr4 ,jeffries1 ,ms4 ,eshoo1 ,mr4 ,welch1 ,mr4 ,allred1 ,mr4 ,neguse1 ,mr4 ,ted ,lieu of ,california1 ,mr4 ,cicilline1 ,ms4 ,scanlon1 ,ms4 ,jackson ,lee1 ,mr4 ,malinowski1 ,mr4 ,butterfield1 ,mr4 ,mc,govern1 ,mr4 ,cisneros1 ,mr4 ,danny ,k4 ,davis of ,illinois1 ,mr4 ,hastings1 ,ms4 ,norton1 ,mr4 ,crdenas1 ,mrs4 ,dingell1 ,mr4 ,takano1 ,mrs4 ,fletcher1 ,mr4 ,levin of ,michigan1 ,ms4 ,garcia of ,texas1 ,mr4 ,lowenthal1 ,ms4 ,escobar1 ,mr4 ,casten of ,illinois1 ,ms4 ,schrier1 ,mr4 ,garca of ,illinois1 ,mr4 ,soto1 ,mr4 ,case1 ,ms4 ,wasserman ,schultz1 ,mr4 ,larson of ,connecticut1 ,ms4 ,haaland1 ,mr4 ,clay1 ,mr4 ,deutch1 ,mr4 ,moulton1 ,ms4 ,mucarsel-,powell1 ,mr4 ,rouda1 ,ms4 ,velzquez1 ,mr4 ,cox of ,california1 ,ms4 ,pressley1 ,mr4 ,kennedy1 ,mr4 ,garamendi1 ,mr4 ,espaillat1 ,ms4 ,underwood1 ,mr4 ,nadler1 ,mr4 ,ryan1 ,mr4 ,pocan1 ,mrs4 ,lawrence1 ,mr4 ,peters1 and ,mr4 ,rush7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committees on ,armed ,services1 and ,financial ,services1 for a period to be subsequently determined by the ,speaker1 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 rates1 and with adequate testing and other safeguards to ensure infection rates do not exceed medical resources1 and virus transmission rates are maintained below #a and thereby steadily reduce the number of infected1 and for other purposes4 #a4 ,short title2 definitions2 findings 7a7 ,short title ,this ,act may be cited as the ,reopen ,america ,act of #bjbj4 7b7 ,definitions ,in this ,act3 7#a7 ,the term coronavirus means ,,sars-,co,v-#b4 7#b7 ,the term ,governor means the chief executive officer of a ,state4 7#c7 ,the term reopening plan means a coronavirus ,state economy reopening plan under section #b4 7#d7 ,except as otherwise specified1 the term ,secretary means the ,secretary of ,health and ,human ,services4 7#e7 ,the term ,state means any of the several ,states1 the ,district of ,columbia1 a ,tribal government1 or a territory of the ,united ,states4 7c7 ,findings ,the ,congress finds the following3 7#a7 ,the majority of ,states have imposed forms of extreme social isolation1 including strict limitations on businesses and social behaviors1 to reduce coronavirus transmission rates and avoid catastrophic harms to health from infections4 7#b7 ,despite the necessity of such economic and social restrictions1 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 possible1 but this reopening must occur under conditions that ensure infection transmission rates do not rise again1 and that infections do not overwhelm health services1 cause unnecessary deaths and illnesses1 or necessitate successive new rounds of social isolation4 7#c7 ,planning and implementation of ,state safeguards will be critical to the achievement of successful economic and social reopening4 7#d7 ,large increases in test kits1 machines1 and testing supplies and of protective gear and supplies designed to limit disease transmission1 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 reopening4 7#e7 ,once effective treatments become proven1 quickly scaling up their production is also necessary to save lives and to increase the capacity of the country to remain open4 7#f7 ,because of market uncertainties and the limited time for production1 the necessary level of production will not occur without aggressive government purchasing and market guaranties and prioritization of necessary resources4 7#g7 ,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 supplies4 7#h7 ,because extensive testing for coronavirus protection will be a critical component of reopening strategies1 it is necessary for the ,federal ,government to advance understanding of the capacities and potential uses of different1 and rapidly emerging1 tests4 #b4 ,coronavirus ,state reopening plans and ,state partnership procurement plans 7a7 ,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 7c74 7b7 ,federal reimbursement ,once per month1 or on a more frequent schedule as specified by the ,secretary-- 7#a7 the ,governor of a ,state with a reopening plan with an approval in effect under subsection 7d7 may submit for reimbursement the sum of covered expenses of the ,state with appropriate documentation as specified by the ,secretary2 and 7#b7 the ,secretary shall reimburse the ,state for such covered expenses so long as the ,state is making reasonable efforts to implement the plan4 7c7 ,public health goals 7#a7 ,in general ,subject to paragraph 7#b71 a reopening plan achieves the public health goals specified in this subsection if the plan provides reasonable assurance that-- 7,a7 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 care2 and 7,b7 sufficient safeguards will be implemented-- 7i7 to keep transmission rates of coronavirus below #a within the ,state2 and 7ii7 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 care4 7#b7 ,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 7#a77;,a7 so long as-- 7,a7 the plan will keep transmission rates below #a2 and 7,b7 the limited initial relaxation will not appreciably increase infection rates4 7d7 ,plan approval 7#a7 ,in general ,in consultation with the ,secretary of the ,treasury1 the ,secretary of ,health and ,human ,services shall approve or disapprove any reopening plan submitted under subsection 7a7 within #e business days of submission if-- 7,a7 the plan provides reasonable assurances of achieving the public health goals specified in subsection 7c72 7,b7 the plan includes appropriate documentation as specified by the ,secretary1 including the contents required by subsection 7e72 and 7,c7 the actions identified in the plan are not clearly excessive for achieving the public health goals specified in subsection 7c74 7#b7 ,resubmission ,if the ,secretary disapproves a reopening plan1 or any revision of a reopening plan-- 7,a7 the ,secretary shall provide an explanation of the disapproval to the ,governor submitting the plan or revision2 and 7,b7 the ,governor of the ,state involved may-- 7i7 consult the ,secretary concerning the changes to the plan or revision needed for approval2 and 7ii7 revise and resubmit as many times as needed to obtain approval4 7#c7 ,revisions ,a ,governor may submit revisions to the reopening plan of the respective ,state as circumstances evolve1 and the ,secretary shall approve or disapprove each such revision within #e business days of submission4 7#d7 ,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 #e business days of submission4 7#e7 ,expenses ,in approving a reopening plan1 the ,secretary may preapprove a proposed schedule of reimbursements for covered expenses in agreement with the ,governor4 ,if an expense schedule is not preagreed1 the ,governor may carry out the plan and obtain reimbursement for the reasonable cost of covered expenses4 ,no reimbursement shall occur for goods and services provided directly to a ,state or territory by the ,coronavirus ,health ,equipment ,production ,board4 ,in the case of a dispute1 a ,governor may seek review of the ,secretary's reimbursement decision in the ,united ,states ,court of ,federal ,claims4 7e7 ,contents 7#a7 ,in general ,a reopening plan shall specify-- 7,a7 the level and timing of the relaxation of social distancing rules adopted in #bjbj in the ,state to reduce the risk of coronavirus infections2 7,b7 the replacement measures the ,state will take2 and 7,c7 the reopening safeguards the ,state will impose to limit coronavirus infections4 7#b7 ,reopening safeguards ,a reopening plan shall specify safeguards to achieve the public health goals specified in subsection 7c74 ,such safeguards may include any of the following3 7,a7 ,testing1 including publicly administered testing1 employment-based testing requirements1 mobile testing programs1 school-based testing1 or other testing requirements for social activities1 and group testing4 7,b7 ,requirements for wearing of masks and other protective gear in employment and social activities1 including requirements that vary by type of work1 by risk factors of individuals1 and by activities such as use of mass transit4 7,c7 ,requirements for public or private temperature readings or other simple screenings for coronavirus infections1 and follow-up requirements for testing or isolation4 7,d7 ,demonstrated public procedures1 rules1 personnel1 and other resources and capacities for identifying infected individuals1 tracing and testing their contacts1 and quarantining infected individuals4 7,e7 ,the types of activities reopened1 conditions of reopening1 and timing of reopening4 7,f7 ,increases in medical capacities and ability to shift capacities to address local outbreaks4 7#c7 ,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 7c71 and such other information as the ,secretary shall1 within #aj business days of the date of enactment of this ,act1 require to be included4 7f7 ,state partnership procurement plans 7#a7 ,in general ,prior to and in conjunction with submission of a reopening plan1 ,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 ,states4 7#b7 ,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 plans4 ,in reviewing such a ,state ,partnership ,procurement ,plan for approval1 and in reimbursing ,states for the costs of such plans1 the ,secretary shall follow the procedures set forth in paragraphs 7#b7 through 7#e7 of subsection 7d74 7#c7 ,,fema ,the ,administrator of the ,federal ,emergency ,management ,agency shall work with ,states1 if requested1 in the development and carrying out of procurement plans under paragraph 7#a74 7g7 ,reporting ,every two weeks1 or on such schedule as the ,secretary may specify1 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 7c74 7h7 ,definitions ,in this section3 7#a7 ,the term covered expenses means the reasonable costs associated with the following reopening plan activities3 7,a7 ,costs of testing equipment1 kits1 laboratory processing1 and test administration1 excluding costs of testing by medical personnel that are otherwise covered by private or public health insurance4 7,b7 ,costs of implementing containment tracking1 testing1 and quarantine4 7,c7 ,public costs of information and compliance systems needed to implement the plan1 provide public information1 and track compliance4 7,d7 ,costs of implementing any certification systems4 7,e7 ,the costs of cleaning public facilities and infrastructure to avoid coronavirus contamination beyond the typical cleaning of such facilities and infrastructure4 7,f7 ,costs of increasing hospital capacity to address ,,covid-#ai patients except that treatment of such costs as covered expenses shall be at the discretion of the ,secretary4 7,g7 ,reasonable ,state expenses undertaken in development of the plan4 7#b7 ,the term reasonable costs shall be based on-- 7,a7 a schedule of costs preapproved by the ,secretary and agreed upon by the ,governor2 or 7,b7 a process to be prescribed by the ,secretary for determination of the reasonableness of expenses4 7i7 ,funding ,the ,secretary may1 without further appropriation1 obligate and expend such sums as may be necessary for fiscal years #bjbj and #bjba to carry out this section4 #c4 ,guiding policy of ,federal responsibility for economy reopening ,the ,federal ,government shall ensure an adequate national supply of testing1 protective gear1 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 goals4 #d4 ,coronavirus ,health ,equipment ,production ,board 7a7 ,establishment ,the ,director of the ,defense ,logistics ,agency shall establish1 within #e business days of enactment of this ,act1 in the ,defense ,logistics ,agency of the ,department of ,defense a board1 to be known as the ,coronavirus ,health ,equipment ,production ,board 7in this section referred to as the ,board74 7b7 ,members ,the members of the ,board shall consist of-- 7#a7 the ,director of the ,defense ,logistics ,agency 7or the ,director's delegate71 who shall serve as the ,chair of the ,board2 7#b7 the ,director of the ,centers for ,disease ,control and ,prevention 7or the ,director's delegate72 7#c7 the ,director of the ,biomedical ,advanced ,research ,development ,agency 7or the ,director's delegate72 7#d7 the ,administrator of the ,federal ,emergency ,management ,agency 7or the ,administrator's delegate72 7#e7 the ,commissioner of ,food and ,drugs 7or the ,commissioner's delegate72 and 7#f7 the ,director of the ,national ,institute of ,allergy and ,infectious ,diseases 7or the ,director's delegate74 7c7 ,duties ,the ,board shall-- 7#a7 engage in the activities listed in subsection 7d7 as appropriate to ensure adequate national and regional availability of medical and testing equipment and supplies1 and other goods and services for responding to the coronavirus epidemic and implementation of reopening plans2 and 7#b7 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 available4 7d7 ,activities ,in carrying out this section1 the ,board may engage in any of the following3 7#a7 ,evaluating needs1 uses1 and potential shortages of supplies and equipment4 7#b7 ,procuring and distributing supplies and equipment4 7#c7 ,providing financial guaranties for all or portions of the costs of production of any goods and services4 7#d7 ,contracting for advisory services4 7e7 ,staff of ,federal agencies ,upon request of the ,chair of the ,board1 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 section4 7f7 ,procurement methods ,the ,board-- 7#a7 shall make maximum effort to carry out its procurement using voluntary methods2 and 7#b7 may1 if the ,board determines necessary1 use the authorities granted the ,president under titles ,i and ,,iii of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #deja et seq474 7g7 ,funding ,the ,board may1 without further appropriation in fiscal years #bjbj and #bjba1 obligate and expend such sums as are necessary1 as determined by the ,board1 to carry out this section1 except that the ,board may obligate and expend not more than #ge1jjj1jjj in each of fiscal years #bjbj and #bjba1 for administrative costs4 #e4 ,guidance for ,state reopening plans 7a7 ,in general ,not later than the date that is #b weeks after the date of enactment of this ,act1 using the best available information1 including information generated in implementing this ,act1 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 reopening4 7b7 ,updates ,not less than every two weeks1 the ,secretary shall update such guidance as appropriate to reflect changes in knowledge and information4 #f4 ,improved understanding of coronavirus testing and contribution to reopening plans 7a7 ,in general ,the ,director of the ,biomedical ,advanced ,research and ,development ,authority 7in this section referred to as the ,director71 in coordination with the ,director of the ,centers for ,disease ,control and ,prevention1 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 plans4 7b7 ,program components ,this program under this section shall recognize the different practicalities to scale up different forms of tests1 including self-administered and professionally administered tests1 and shall include the following3 7#a7 ,evaluation of self-administered tests ,the ,director shall institute1 on an expedited basis1 an evaluation of those promising self-administered test products that have the capacity to provide cost-effective1 high volume human testing of either presence of active virus or proof of prior infection and likely immunity or resistance to reinfection4 ,the ,director shall establish a network of hospitals and research institutions capable of carrying out these analyses1 and shall quickly develop protocols for such testing with a goal of providing useful information within one week and more complete information in two weeks4 7#b7 ,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 plans4 7#c7 ,evaluation of population-level testing ,the ,director shall evaluate the potential and feasibility of population-level testing for contributing to ,state reopening plans4 ,for purposes of this paragraph1 the term population-level testing means testing of significant parts of the population that might be accomplished other than at points of medical care1 and may include testing of the entire or portions of the population1 random testing1 rotational testing1 mobile testing programs1 and testing of categories of individuals at high risk of becoming infected or passing on infections4 7#d7 ,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 testing4 7#e7 ,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 symptoms1 those hospitalized1 and those in need of intensive care4 7#f7 ,use of tests in reopening plans ,the ,director shall evaluate the potential and logistics of different forms of testing1 including mobile testing units1 using different products as appropriate1 to contribute to reopening plans4 ,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 activities1 use of tests for contact tracing and quarantine1 use of tests for particular categories of high-contact employment1 and use of population-level testing4 ,based on these analyses and the best available information regarding sources and levels of disease transmission1 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 available4 7#g7 ,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 section4 7c7 ,authorization ,for the period beginning on the date of enactment of this ,act and ending at the end of fiscal year #bjba1 the ,director may expend such funds1 without further appropriation1 as necessary as determined by the ,director for carrying out this section4 #g4 ,coronavirus ,reopening ,advisory ,panel 7a7 ,in general ,within #aj business days of the date of enactment of this ,act1 the ,director of the ,defense ,logistics ,agency shall establish a panel1 to be known as the ,coronavirus ,reopening ,advisory ,panel1 to advise the ,secretary and the members of the ,coronavirus ,health ,equipment ,production ,board in carrying out their duties and authorities under this ,act4 7b7 ,membership 7#a7 ,in general ,the membership of the ,advisory ,panel shall consist of-- 7,a7 three epidemiologists or other experts in public health2 7,b7 three experts in economics or business2 7,c7 three experts in production systems2 and 7,d7 three experts with experience directly representing workers and ensuring their health and safety in the workplace4 7#b7 ,appointment ,the ,president1 the ,speaker of the ,house of ,representatives1 and the majority leader of the ,senate shall each appoint #a member of the ,advisory ,panel in each of the #d categories listed in paragraph 7#a74 7#c7 ,chair ,at the first meeting of the ,advisory ,panel1 the ,advisory ,panel shall select a chair of the ,advisory ,panel from among its members4 7#d7 ,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 7including travel time7 during which such member is engaged in the actual performance of duties vested in the ,advisory ,panel4 7c7 ,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 section4 ,upon request of the ,chair of the ,advisory ,panel1 the head of that department or agency shall furnish that information to the ,advisory ,panel4 7d7 ,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 advice4 7e7 ,public ,summary ,not less than every #b weeks1 the ,advisory ,panel shall publish a public summary of the advice provided by the ,advisory ,panel under this section4 7f7 ,relation to other law ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the ,advisory ,panel4 7g7 ,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 ,board4