[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3858 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 3858

  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 emergency; to establish a Joint 
 Congressional Committee on Defense Production; and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 1, 2020

  Ms. Warren introduced the following bill; 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 emergency; to establish a Joint 
 Congressional Committee on Defense Production; 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.

    This Act may be cited as the ``Pandemic Response and Interstate 
Cost Equity Act'' or the ``PRICE Act''.

SEC. 2. ADMINISTRATOR AS OWNER AND DISTRIBUTER OF CERTAIN MEDICAL 
              EQUIPMENT.

    (a) In General.--In the event of a covered emergency, 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 15 percent and is required to address the covered emergency.
    (b) Assessment of Medical Equipment.--To carry out subsection (a), 
the Secretary of Health and Human Services, in consultation with the 
Administrator and other Federal agencies or departments as considered 
necessary, shall conduct an assessment of available medical equipment, 
including--
            (1) identifying the medical equipment required to address 
        the covered emergency for which the prevailing market price 
        exceeds the fair market price by more than 15 percent;
            (2) assessing the amount of such medical equipment 
        available to respond to the covered emergency, including the 
        amount of such medical equipment available in the Strategic 
        National Stockpile; and
            (3) determining the amount of such medical equipment still 
        needed to respond to the covered emergency.
    (c) Contract To Produce Medical Equipment.--Following the 
assessment under subsection (b), the Administrator, in consultation 
with the Secretary of Health and Human Services and the Secretary of 
Defense, shall--
            (1) create and execute an indefinite delivery-indefinite 
        quantity contract with all persons capable of producing such 
        medical equipment to--
                    (A) respond to the covered emergency; and
                    (B) following the covered emergency, replenish the 
                Strategic National Stockpile to a level acceptable to 
                respond to a future public health emergency or other 
                covered emergency;
            (2) require that all contracts created and executed under 
        this section supersede any existing contracts such persons have 
        already created or executed; and
            (3) establish a price for such medical equipment to be 
        resold to the States or other persons.
    (d) 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 equipment, giving 
consideration to--
            (1) requests for medical equipment under subsections (e) 
        and (f);
            (2) the continuity of operations of the Federal government; 
        and
            (3) consultation with public health officials, as may be 
        necessary.
    (e) State Request for Medical Equipment.--To request an allocation 
of medical equipment, a State shall submit to the Administrator a 
request for medical equipment, including--
            (1) the number of impacted individuals in each State, 
        disaggregated by condition and the severity of such condition--
                    (A) on the date the request is submitted to the 
                Administrator;
                    (B) as projected at 14 days from the date the 
                request is submitted to the Administrator; and
                    (C) as projected at 60 days from the date the 
                request is submitted to the Administrator;
            (2) existing health system medical equipment;
            (3) medical equipment possessed by the State;
            (4) an estimate of the quantity of medical equipment 
        required to diagnose and treat the condition for which the 
        covered emergency is in effect; and
            (5) any additional information as determined necessary by 
        the Administrator.
    (f) Other Requests for Medical Equipment.--The Administrator shall 
establish a process under which a person may request medical equipment 
to respond to the covered emergency.
    (g) Post-Emergency Distribution of Medical Equipment.--Upon the 
termination of the covered emergency, the Administrator shall 
distribute any medical supplies not sold or otherwise distributed to 
the States or any person to the Strategic National Stockpile.

SEC. 3. REPORTS TO THE CONGRESS.

    (a) Biweekly Report.--
            (1) In general.--Not less than 14 days after the date a 
        covered emergency is in effect, and not less than every 14 days 
        thereafter until the date that is 30 days after the date on 
        which the covered emergency is terminated, the Administrator 
        shall submit to the Congress a report on the activities carried 
        out under this Act.
            (2) Content.--The report required under paragraph (1) shall 
        include--
                    (A) information on the number of impacted 
                individuals, disaggregated by State, condition, and 
                severity of such condition--
                            (i) on the date the report is submitted to 
                        the Congress;
                            (ii) as projected at 14 days from the date 
                        the report is submitted to the Congress; and
                            (iii) as projected at 60 days from the date 
                        the report is submitted to the Congress;
                    (B) the amount of medical equipment still needed to 
                diagnose and treat the condition for which the covered 
                emergency is in effect, disaggregated by State;
                    (C) requests submitted by the States or by persons 
                under section 2;
                    (D) information on the contracts created and 
                executed under section 2;
                    (E) the amount of medical equipment resold or 
                distributed by the Federal Government, including the 
                allocation and projected allocation of government and 
                existing health system medical equipment, disaggregated 
                by State--
                            (i) on the date the report is submitted to 
                        the Congress;
                            (ii) as projected at 14 days from the date 
                        the report is submitted to the Congress; and
                            (iii) as projected at 60 days from the date 
                        the report is submitted to the Congress; and
                    (F) other Federal contracts for medical equipment 
                entered into outside of section 2.
    (b) Final Report.--
            (1) In general.--Not later than 60 days after the 
        termination of the covered emergency, the Administrator shall 
        submit to the Congress a report on the activities carried out 
        under this Act.
            (2) Content.--The report required under paragraph (1) shall 
        include--
                    (A) the content from the biweekly reports submitted 
                to the Congress under subsection (a);
                    (B) the current status of the Strategic National 
                Stockpile, including the inventory of medical equipment 
                and the projected quantity of medical equipment 
                required to mitigate a future public health emergency 
                or other covered emergency; and
                    (C) an assessment of actions that Federal, State, 
                and local governments should take to build resiliency 
                to prevent, detect, treat, and mitigate a public health 
                emergency or other covered emergency.

SEC. 4. FUNDING.

    Amounts available in the Defense Production Act Fund under section 
304 of the Defense Production Act of 1950 (50 U.S.C. 4534) may be made 
available for purchases made under this section.

SEC. 5. ESTABLISHMENT OF JOINT CONGRESSIONAL COMMITTEE.

    (a) Establishment and Membership.--
            (1) In general.--There is established a Joint Committee on 
        Defense Production (referred to in this section as the 
        ``Committee''), to be composed of--
                    (A) five members of the Committee on Financial 
                Services of the House of Representatives, with three 
                members from the majority party and two from the 
                minority party, to be appointed by the chairman of the 
                Committee on Financial Services; and
                    (B) five members of the Committee on Banking, 
                Housing, and Urban Affairs of the Senate, with three 
                members from the majority party and two from the 
                minority party, to be appointed by the chairman of the 
                Committee on Banking, Housing, and Urban Affairs.
            (2) Chairman and vice chairman.--The Committee shall elect 
        a chairman and a vice chairman from among its members, one of 
        whom shall be a member of the House of Representatives and the 
        other a member of the Senate.
            (3) Vacancy.--A vacancy in the membership of the Committee 
        shall be filled in the same manner as the original selection.
    (b) Powers.--The Committee, or any duly authorized subcommittee 
thereof, is authorized to hold such hearings, to sit and act at such 
times and such places, to require by subpoena (to be issued under the 
signature of the chairman or vice chairman of the Committee) or 
otherwise the attendance of such witnesses and the production of such 
books, papers, and documents, to administer such oaths, to take such 
testimony, to procure such printing and binding, and to make such 
expenditures as it considers advisable.
    (c) Duties.--The Committee shall be responsible for the continuous 
study of the programs authorized by this Act, and to review the 
progress achieved in the execution and administration of such programs. 
Upon request, the Committee shall aid the standing committees of the 
Congress having legislative jurisdiction over any part of the programs 
authorized by this Act; and it shall make a report to the House of 
Representatives and the Senate, from time to time, concerning the 
results of its studies, together with such recommendations as it may 
consider desirable.
    (d) Information From Federal Agencies and Departments.--Any 
department, official, or agency administering any of such programs 
shall, at the request of the Committee, consult with the Committee, 
from time to time, with respect to their activities under this Act.
    (e) Expenses.--The expenses of the Committee, which shall not 
exceed $750,000 in any fiscal year, 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 chairman.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Emergency Management Agency.
            (2) Covered emergency.--The term ``covered emergency'' 
        means a national emergency in which the President has declared 
        a national emergency and determined that--
                    (A) a disease or disorder presents an emergency 
                that affects the United States; or
                    (B) a public health emergency exists, including a 
                significant outbreak of an infectious disease or a 
                bioterrorist attack.
            (3) Existing health system medical equipment.--The term 
        ``existing health system medical equipment'' means medical 
        equipment owned by a hospital.
            (4) Fair market price.--The term ``fair market price'' 
        means the average market price of medical equipment from the 
        preceding calendar year.
            (5) Hospital.--The term ``hospital'' has the meaning given 
        the term under section 1861(e) of the Social Security Act (42 
        U.S.C. 1395x(e)).
            (6) Impacted individuals.--The term ``impacted 
        individuals'' means an individual--
                    (A) diagnosed with a condition for which the public 
                health emergency has been issued;
                    (B) that is experiencing symptoms consistent with 
                the condition for which the covered emergency has been 
                issued and is seeking a medical diagnosis;
                    (C) that has been identified as having been exposed 
                to a bioterrorist attack; or
                    (D) otherwise meets criteria determined by the 
                Administrator during the covered emergency period.
            (7) 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 time.
            (8) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (9) Medical equipment.--The term ``medical equipment'' 
        means--
                    (A) N95 respirators;
                    (B) medical ventilators;
                    (C) face shields;
                    (D) medical exam gloves;
                    (E) surgical gowns;
                    (F) diagnostic tests; and
                    (G) such other medical equipment as the 
                Administrator determines to be necessary.
            (10) National emergency.--The term ``national emergency'' 
        means a national emergency declared by the President under the 
        National Emergencies Act (50 U.S.C. 1601 et seq.).
            (11) Operations of the federal government.--The term 
        ``operations of the Federal government'' means--
                    (A) 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 emergency; and
                    (B) the activities and operations of the armed 
                forces.
            (12) Person.--The term ``person'' has the meaning given 
        such term in section 702 of the Defense Production Act of 1950 
        (50 U.S.C. 4552).
            (13) Prevailing market price.--The term ``prevailing market 
        price'' means the average market price of medical equipment 
        during the prior 30 days, as determined by the Secretary of 
        Health and Human Services.
            (14) Public health emergency.--The term ``public health 
        emergency'' means a public health emergency declared under 
        section 319 of the Public Health Service Act (42 U.S.C. 247d).
            (15) State.--The term ``State'' means each of the 50 States 
        and the District of Columbia, each of the territories, and 
        Indian tribes.
            (16) Strategic national stockpile.--The term ``Strategic 
        National Stockpile'' means the stockpile established under 
        section 319F-2 of the Public Health Service Act (42 U.S.C. 
        247d-6b).
            (17) Territory.--The term ``territory'' means the United 
        States Virgin Islands, Puerto Rico, Guam, American Samoa, and 
        the Commonwealth of the Northern Mariana Islands.
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