,,ii #aafth ,,congress #b;d ,session ,s4 #cheh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #a1 #bjbj,ms4 ,warren introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to authorize the ,administrator of the ,federal ,emergency ,management ,agency to become the sole owner and distributer of certain medical equipment in the event of a covered emergency2 to establish a ,joint ,congressional ,committee on ,defense ,production2 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,pandemic ,response and ,interstate ,cost ,equity ,act or the ,,price ,act4 #b4 ,administrator as owner and distributer of certain medical equipment 7a7 ,in general ,in the event of a covered emergency1 the ,administrator shall become the sole owner and distributer of medical equipment obtained by the ,federal government pursuant to this ,act for which the prevailing market price exceeds the fair market price by more than #ae percent and is required to address the covered emergency4 7b7 ,assessment of medical equipment ,to carry out subsection 7a71 the ,secretary of ,health and ,human ,services1 in consultation with the ,administrator and other ,federal agencies or departments as considered necessary1 shall conduct an assessment of available medical equipment1 including-- 7#a7 identifying the medical equipment required to address the covered emergency for which the prevailing market price exceeds the fair market price by more than #ae percent2 7#b7 assessing the amount of such medical equipment available to respond to the covered emergency1 including the amount of such medical equipment available in the ,strategic ,national ,stockpile2 and 7#c7 determining the amount of such medical equipment still needed to respond to the covered emergency4 7c7 ,contract ,to produce medical equipment ,following the assessment under subsection 7b71 the ,administrator1 in consultation with the ,secretary of ,health and ,human ,services and the ,secretary of ,defense1 shall-- 7#a7 create and execute an indefinite delivery-indefinite quantity contract with all persons capable of producing such medical equipment to-- 7,a7 respond to the covered emergency2 and 7,b7 following the covered emergency1 replenish the ,strategic ,national ,stockpile to a level acceptable to respond to a future public health emergency or other covered emergency2 7#b7 require that all contracts created and executed under this section supersede any existing contracts such persons have already created or executed2 and 7#c7 establish a price for such medical equipment to be resold to the ,states or other persons4 7d7 ,sale or distribution of certain medical equipment ,the ,administrator shall sell or otherwise distribute medical equipment to the ,states or to persons that request such medical equipment1 giving consideration to-- 7#a7 requests for medical equipment under subsections 7e7 and 7f72 7#b7 the continuity of operations of the ,federal government2 and 7#c7 consultation with public health officials1 as may be necessary4 7e7 ,state request for medical equipment ,to request an allocation of medical equipment1 a ,state shall submit to the ,administrator a request for medical equipment1 including-- 7#a7 the number of impacted individuals in each ,state1 disaggregated by condition and the severity of such condition-- 7,a7 on the date the request is submitted to the ,administrator2 7,b7 as projected at #ad days from the date the request is submitted to the ,administrator2 and 7,c7 as projected at #fj days from the date the request is submitted to the ,administrator2 7#b7 existing health system medical equipment2 7#c7 medical equipment possessed by the ,state2 7#d7 an estimate of the quantity of medical equipment required to diagnose and treat the condition for which the covered emergency is in effect2 and 7#e7 any additional information as determined necessary by the ,administrator4 7f7 ,other requests for medical equipment ,the ,administrator shall establish a process under which a person may request medical equipment to respond to the covered emergency4 7g7 ,post-,emergency distribution of medical equipment ,upon the termination of the covered emergency1 the ,administrator shall distribute any medical supplies not sold or otherwise distributed to the ,states or any person to the ,strategic ,national ,stockpile4 #c4 ,reports to the ,congress 7a7 ,biweekly report 7#a7 ,in general ,not less than #ad days after the date a covered emergency is in effect1 and not less than every #ad days thereafter until the date that is #cj days after the date on which the covered emergency is terminated1 the ,administrator shall submit to the ,congress a report on the activities carried out under this ,act4 7#b7 ,content ,the report required under paragraph 7#a7 shall include-- 7,a7 information on the number of impacted individuals1 disaggregated by ,state1 condition1 and severity of such condition-- 7i7 on the date the report is submitted to the ,congress2 7ii7 as projected at #ad days from the date the report is submitted to the ,congress2 and 7iii7 as projected at #fj days from the date the report is submitted to the ,congress2 7,b7 the amount of medical equipment still needed to diagnose and treat the condition for which the covered emergency is in effect1 disaggregated by ,state2 7,c7 requests submitted by the ,states or by persons under section #b2 7,d7 information on the contracts created and executed under section #b2 7,e7 the amount of medical equipment resold or distributed by the ,federal ,government1 including the allocation and projected allocation of government and existing health system medical equipment1 disaggregated by ,state-- 7i7 on the date the report is submitted to the ,congress2 7ii7 as projected at #ad days from the date the report is submitted to the ,congress2 and 7iii7 as projected at #fj days from the date the report is submitted to the ,congress2 and 7,f7 other ,federal contracts for medical equipment entered into outside of section #b4 7b7 ,final report 7#a7 ,in general ,not later than #fj days after the termination of the covered emergency1 the ,administrator shall submit to the ,congress a report on the activities carried out under this ,act4 7#b7 ,content ,the report required under paragraph 7#a7 shall include-- 7,a7 the content from the biweekly reports submitted to the ,congress under subsection 7a72 7,b7 the current status of the ,strategic ,national ,stockpile1 including the inventory of medical equipment and the projected quantity of medical equipment required to mitigate a future public health emergency or other covered emergency2 and 7,c7 an assessment of actions that ,federal1 ,state1 and local governments should take to build resiliency to prevent1 detect1 treat1 and mitigate a public health emergency or other covered emergency4 #d4 ,funding ,amounts available in the ,defense ,production ,act ,fund under section #cjd of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #decd7 may be made available for purchases made under this section4 #e4 ,establishment of ,joint ,congressional ,committee 7a7 ,establishment and membership 7#a7 ,in general ,there is established a ,joint ,committee on ,defense ,production 7referred to in this section as the ,committee71 to be composed of-- 7,a7 five members of the ,committee on ,financial ,services of the ,house of ,representatives1 with three members from the majority party and two from the minority party1 to be appointed by the chairman of the ,committee on ,financial ,services2 and 7,b7 five members of the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate1 with three members from the majority party and two from the minority party1 to be appointed by the chairman of the ,committee on ,banking1 ,housing1 and ,urban ,affairs4 7#b7 ,chairman and vice chairman ,the ,committee shall elect a chairman and a vice chairman from among its members1 one of whom shall be a member of the ,house of ,representatives and the other a member of the ,senate4 7#c7 ,vacancy ,a vacancy in the membership of the ,committee shall be filled in the same manner as the original selection4 7b7 ,powers ,the ,committee1 or any duly authorized subcommittee thereof1 is authorized to hold such hearings1 to sit and act at such times and such places1 to require by subpoena 7to be issued under the signature of the chairman or vice chairman of the ,committee7 or otherwise the attendance of such witnesses and the production of such books1 papers1 and documents1 to administer such oaths1 to take such testimony1 to procure such printing and binding1 and to make such expenditures as it considers advisable4 7c7 ,duties ,the ,committee shall be responsible for the continuous study of the programs authorized by this ,act1 and to review the progress achieved in the execution and administration of such programs4 ,upon request1 the ,committee shall aid the standing committees of the ,congress having legislative jurisdiction over any part of the programs authorized by this ,act2 and it shall make a report to the ,house of ,representatives and the ,senate1 from time to time1 concerning the results of its studies1 together with such recommendations as it may consider desirable4 7d7 ,information from ,federal agencies and departments ,any department1 official1 or agency administering any of such programs shall1 at the request of the ,committee1 consult with the ,committee1 from time to time1 with respect to their activities under this ,act4 7e7 ,expenses ,the expenses of the ,committee1 which shall not exceed #gej1jjj in any fiscal year1 shall be paid one-half from the contingent fund of the ,house of ,representatives and one-half from the contingent fund of the ,senate upon vouchers signed by the chairman or vice chairman4 #f4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,federal ,emergency ,management ,agency4 7#b7 ,covered emergency ,the term covered emergency means a national emergency in which the ,president has declared a national emergency and determined that-- 7,a7 a disease or disorder presents an emergency that affects the ,united ,states2 or 7,b7 a public health emergency exists1 including a significant outbreak of an infectious disease or a bioterrorist attack4 7#c7 ,existing health system medical equipment ,the term existing health system medical equipment means medical equipment owned by a hospital4 7#d7 ,fair market price ,the term fair market price means the average market price of medical equipment from the preceding calendar year4 7#e7 ,hospital ,the term hospital has the meaning given the term under section #ahfa7;e7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7e774 7#f7 ,impacted individuals ,the term impacted individuals means an individual-- 7,a7 diagnosed with a condition for which the public health emergency has been issued2 7,b7 that is experiencing symptoms consistent with the condition for which the covered emergency has been issued and is seeking a medical diagnosis2 7,c7 that has been identified as having been exposed to a bioterrorist attack2 or 7,d7 otherwise meets criteria determined by the ,administrator during the covered emergency period4 7#g7 ,indefinite delivery-indefinite quantity contract ,the term indefinite delivery-indefinite quantity contract means a contract to provide for an indefinite quantity of materials or services for a fixed time4 7#h7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#i7 ,medical equipment ,the term medical equipment means-- 7,a7 ,n#ie respirators2 7,b7 medical ventilators2 7,c7 face shields2 7,d7 medical exam gloves2 7,e7 surgical gowns2 7,f7 diagnostic tests2 and 7,g7 such other medical equipment as the ,administrator determines to be necessary4 7#aj7 ,national emergency ,the term national emergency means a national emergency declared by the ,president under the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq474 7#aa7 ,operations of the ,federal government ,the term operations of the ,federal government means-- 7,a7 the activities and operations of any ,federal department or agency that is substantially concerned with the operations or activities required to respond to a public health emergency2 and 7,b7 the activities and operations of the armed forces4 7#ab7 ,person ,the term person has the meaning given such term in section #gjb of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #deeb74 7#ac7 ,prevailing market price ,the term prevailing market price means the average market price of medical equipment during the prior #cj days1 as determined by the ,secretary of ,health and ,human ,services4 7#ad7 ,public health emergency ,the term public health emergency means a public health emergency declared under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d74 7#ae7 ,state ,the term ,state means each of the #ej ,states and the ,district of ,columbia1 each of the territories1 and ,indian tribes4 7#af7 ,strategic ,national ,stockpile ,the term ,strategic ,national ,stockpile means the stockpile established under section #cai;,f-#b of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#f;b74 7#ag7 ,territory ,the term territory means the ,united ,states ,virgin ,islands1 ,puerto ,rico1 ,guam1 ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands4