II 

116TH CONGRESS 

2D SESSION S. 5082 

To provide Federal support for COVID–19 testing, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 21, 2020 

Ms. WARREN introduced the following bill; which was read twice and referred 

to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To provide Federal support for COVID–19 testing, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Expanding COVID–19 Testing Capacity Act of 2020’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 the Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Federal manufacturing of COVID–19 diagnostic tests. 

Sec. 4. COVID–19 testing for covered Federal employees. 

Sec. 5. Federal distribution of COVID–19 tests to qualified entities. 

Sec. 6. Supplemental grants for COVID–19 testing. 

Sec. 7. Reports and guidance on COVID–19 diagnostic testing. 

Sec. 8. Demographic and geographic data collection. 


pbinns on DSKJLVW7X2PROD with BILLS
2 

•S 5082 IS

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ASSOCIATED MEDICAL SUPPLIES.—The 

4 term ‘‘associated medical supplies’’ means any prod5 uct necessary for the development and administra6 tion of COVID–19 diagnostic tests, including chem7 ical reagents, test swabs, and personal protective 

8 equipment (including surgical masks, surgical 

9 gowns, face shields, gloves, and N95 masks). 

10 (2) COVID–19 DIAGNOSTIC TEST.—The term 

11 ‘‘COVID–19 diagnostic test’’ means a test— 

12 (A) that is an in vitro diagnostic product 

13 (as defined in section 809.3 of title 21, Code of 

14 Federal Regulations, or any successor thereto) 

15 for the detection of SARS–CoV–2 or the diag16 nosis of COVID–19; and 

17 (B) the administration of which— 

18 (i) is approved, cleared, or authorized 

19 under section 510(k), 513, 515, or 564 of 

20 the Federal Food, Drug, and Cosmetic Act 

21 (21 U.S.C. 360(k), 360c, 360e, 360bbb–3); 

22 or 

23 (ii) the developer has received an 

24 emergency use authorization under section 

25 564 of the Federal Food, Drug, and Cos26 metic Act (21 U.S.C. 360bbb–3), unless 


pbinns on DSKJLVW7X2PROD with BILLS
3 

•S 5082 IS

1 and until the emergency use authorization 

2 request under such section 564. 

3 (3) COVID–19 PANDEMIC.—The term 

4 ‘‘COVID–19 pandemic’’ means the period beginning 

5 on the date that the public health emergency with 

6 respect to COVID–19 took effect, and ending on the 

7 date that is 6 months after the date on which the 

8 public health emergency declaration with respect to 

9 COVID–19 terminates. 

10 (4) INDIAN TRIBE.—Except as otherwise pro11 vided, the term ‘‘Indian Tribe’’ has the meaning 

12 given the term ‘‘Indian tribe’’ in section 4 of the In13 dian Self-Determination and Education Assistance 

14 Act (25 U.S.C. 5304). 

15 (5) PUBLIC HEALTH EMERGENCY WITH RE16 SPECT TO COVID–19.—The term ‘‘public health 

17 emergency with respect to COVID–19’’ means the 

18 public health emergency declared by the Secretary 

19 under section 319 of the Public Health Service Act 

20 (21 U.S.C. 247d) on January 31, 2020, with respect 

21 to COVID–19. 

22 (6) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of Health and Human Services. 

24 (7) TRIBAL ORGANIZATION.—Except as other25 wise provided, the term ‘‘Tribal organization’’ has 


pbinns on DSKJLVW7X2PROD with BILLS
4 

•S 5082 IS

1 the meaning given the term ‘‘tribal organization’’ in 

2 section 4 of the Indian Self-Determination and Edu3 cation Assistance Act (25 U.S.C. 5304). 

4 (8) URBAN INDIAN ORGANIZATION.—The term 

5 ‘‘urban Indian organization’’ has the meaning given 

6 the term in section 4 of the Indian Health Care Im7 provement Act (25 U.S.C. 1603). 

8 SEC. 3. FEDERAL MANUFACTURING OF COVID–19 DIAG9 NOSTIC TESTS. 

10 (a) IN GENERAL.—As soon as practicable after the 

11 date of enactment of this Act, but no later than 15 days 

12 after such date of enactment, the Secretary shall begin 

13 the process of manufacturing, or contracting with entities 

14 for the manufacture of, COVID–19 diagnostic tests and 

15 associated medical supplies, with a particular focus on ex16 traction-free highly sensitive molecular tests, pooled highly 

17 sensitive molecular tests, low-cost rapid antigen test, low18 cost highly sensitive molecular tests, assays that can use 

19 a variety of reagents, and other products as determined 

20 by the Secretary. The Secretary shall continue such proc21 ess until the end of the COVID–19 pandemic. 

22 (b) SUBMISSION OF APPLICATIONS.—For each 

23 COVID–19 diagnostic test and associated drug or device 

24 that the Secretary intends to market, or contract with an25 other entity for the marketing of, the Secretary shall— 


pbinns on DSKJLVW7X2PROD with BILLS
5 

•S 5082 IS

1 (1) submit an application under subsection (b) 

2 or (j) of section 505 or section 515 of the Federal 

3 Food, Drug, and Cosmetic Act (21 U.S.C. 355, 

4 360e) or subsection (a) or (j) of section 351 of the 

5 Public Health Service Act (42 U.S.C. 262), submit 

6 a notification under section 510(k) of the Federal 

7 Food, Drug, and Cosmetic Act (21 U.S.C. 360(k)), 

8 or submit a request for classification under section 

9 513(f)(2) of the Federal Food, Drug, and Cosmetic 

10 Act (21 U.S.C. 360c(f)(2)) (or enter into a contract 

11 with another entity to submit such an application, 

12 notification, or request); 

13 (2) request an emergency use authorization of 

14 the product under section 564 of the Federal Food, 

15 Drug, and Cosmetic Act (21 U.S.C. 360bbb–3) (or 

16 enter into a contract with another entity to submit 

17 an application for such use); or 

18 (3) obtain from the holder of an application ap19 proved under subsection (c) or (j) of section 505 or 

20 section 515 of the Federal Food, Drug, and Cos21 metic Act or subsection (a) or (k) of section 351 of 

22 the Public Health Service Act, or cleared under sec23 tion 510(k) of the Federal Food, Drug, and Cos24 metic Act, rights to manufacture such product. 


pbinns on DSKJLVW7X2PROD with BILLS
6 

•S 5082 IS

1 (c) PROVISION OF PRODUCTS.—With respect to 

2 COVID–19 diagnostic tests and associated drugs and de3 vices manufactured pursuant to subsection (a), the Sec4 retary shall— 

5 (1) provide such COVID–19 diagnostic tests 

6 and associated medical supplies at no cost to Fed7 eral, State, local, territorial, and Native health pro8 grams, and other domestic health care providers, in9 cluding domestic commercial health care providers, 

10 as determined by the Secretary; and 

11 (2) sell additional tests and associated drugs 

12 and devices, at-cost, to other commercial entities and 

13 international entities not described in paragraph (1). 

14 (d) OBTAINING RIGHTS TO MANUFACTURE AND

15 MARKET.— 

16 (1) IN GENERAL.—When necessary to fulfill the 

17 Secretary’s duties under this section, the Secretary 

18 shall acquire the rights to manufacture and market 

19 COVID–19 diagnostic tests and associated drugs 

20 and devices as authorized under this section. 

21 (2) LICENSING AUTHORITY.— 

22 (A) IN GENERAL.—Notwithstanding any 

23 other provision of law, the Secretary may issue 

24 licenses, as useful for fulfilling the duties under 

25 this Act, allowing the Department of Health 


pbinns on DSKJLVW7X2PROD with BILLS
7 

•S 5082 IS

1 and Human Services to practice or have prac2 ticed (which may include licensure of retroactive 

3 practice) any invention in the United States or 

4 territories of the United States, including mak5 ing, using, offering to sell or selling, importing, 

6 or exporting such invention, to reference or rely 

7 upon clinical trial data submitted to a regu8 latory authority or the grant of marketing ap9 proval, and to access and use otherwise con10 fidential information, including know-how, re11 lated to the manufacture of COVID–19 diag12 nostic tests and associated medical supplies. 

13 (B) NON-VOLUNTARY LICENSING.—For 

14 any license that involves a non-voluntary au15 thorization to use patented inventions, regu16 latory test data, data, know-how or other intel17 lectual property rights, the license shall provide 

18 for reasonable remuneration to rights holders 

19 such as a reasonable royalty on the sales of 

20 product, a 1-time payment, or some combina21 tion, provided that the combined royalty pay22 ments to all rights holders shall not exceed the 

23 percentage of sales that is the average percent 

24 of all royalty payments reported to the Internal 

25 Revenue Service by companies in the pharmaVerDate Sep 11 2014 23:32 Jan 20, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S5082.IS S5082

pbinns on DSKJLVW7X2PROD with BILLS
8 

•S 5082 IS

1 ceutical and medicines sector, North American 

2 Industry Classification System code 325410, 

3 provided that when products are distributed for 

4 free, the royalty shall be based upon the cost of 

5 goods. When there are multiple rights holders, 

6 the allocation of the total royalty payments 

7 shall be determined by— 

8 (i) agreement among the rights hold9 ers; 

10 (ii) allocation by arbitration among 

11 the rights holders; or 

12 (iii) if neither clause (i) nor (ii) ap13 plies, by the Secretary. 

14 (3) TRANSPARENCY.—Subject to paragraph (4), 

15 the Secretary shall post any contract agreement 

16 under subsection (a) or license issued under para17 graph (2)(A) on the public internet website of the 

18 Department of Health and Human Services, on the 

19 date on which such agreement or license takes ef20 fect. 

21 (4) PROTECTED INFORMATION.—In carrying 

22 out this section, the Secretary shall enforce applica23 ble law concerning the protection of confidential 

24 commercial information and trade secrets. 

25 (e) PRICING DETERMINATIONS.— 


pbinns on DSKJLVW7X2PROD with BILLS
9 

•S 5082 IS

1 (1) AT-COST PRICE.—In determining an at-cost 

2 price for COVID–19 diagnostic tests and associated 

3 medical supplies for purposes of subsection (c)(2), 

4 the Secretary shall consider— 

5 (A) the cost to the Federal Government of 

6 manufacturing the applicable COVID–19 diag7 nostic test or associated drug or device; and 

8 (B) the cost to acquire or manufacture 

9 under subparagraph (A) the applicable COVID– 

10 19 diagnostic test or associated drug or device. 

11 (2) TRANSPARENCY.—All prices charged for 

12 COVID–19 diagnostic tests and associated medical 

13 supplies shall be made publicly available by the Sec14 retary. 

15 (f) AWARDING CONTRACTS.— 

16 (1) PRIORITY.—In awarding contracts under 

17 this section, the Secretary shall prioritize entities 

18 manufacturing COVID–19 diagnostic tests or associ19 ated medical supplies using components originating 

20 from, and manufactured in, the United States. 

21 (2) CONTRACT REQUIREMENTS.—All contracts 

22 issued under this section shall include a requirement 

23 that the contract recipients reasonably price prod24 ucts produced under the contract. 


pbinns on DSKJLVW7X2PROD with BILLS
10 

•S 5082 IS

1 (g) REPORT TO THE PRESIDENT AND CONGRESS.— 

2 The Secretary shall prepare and submit to the President, 

3 the Committee on Health, Education, Labor, and Pen4 sions of the Senate, and the Committee on Energy and 

5 Commerce of the House of Representatives, a monthly re6 port during the COVID–19 pandemic, and a final report 

7 3 months after such pandemic has concluded, that in8 cludes— 

9 (1) an assessment of the major supply chain 

10 challenges facing health care facilities, medical pro11 viders, the Federal Government, State, local, terri12 torial, and Tribal governments, and the private sec13 tor in COVID–19 diagnostic tests and associated 

14 medical supplies; and 

15 (2) a description of the authorization or ap16 proval status and available supply of all COVID–19 

17 diagnostic tests and associated medical supplies for 

18 which manufacturing has been authorized under this 

19 section, including products for which the Secretary 

20 has submitted an application for approval, a notifi21 cation for clearance, or a request for classification to 

22 the Food and Drug Administration but has not yet 

23 received approval, clearance, or classification, and 

24 products for which the Secretary has received ap25 proval, clearance, or classification, from the Food 


pbinns on DSKJLVW7X2PROD with BILLS
11 

•S 5082 IS

1 and Drug Administration but are not being manu2 factured. 

3 (h) PROCEEDS FROM SALES.—There are authorized 

4 to be appropriated to the Secretary for each fiscal year, 

5 for purposes of carrying out this section, an amount equal 

6 to the proceeds from the sale of COVID–19 diagnostic 

7 tests and associated medical supplies described in sub8 section (c)(2) in the previous fiscal year. 

9 SEC. 4. COVID–19 TESTING FOR COVERED FEDERAL EM10 PLOYEES. 

11 (a) DEFINITIONS.—In this section: 

12 (1) AGENCY.—The term ‘‘agency’’— 

13 (A) means— 

14 (i) each agency, office, or other estab15 lishment in the executive, legislative, or ju16 dicial branch of the Federal Government, 

17 including— 

18 (I) an Executive agency, as that 

19 term is defined in section 105 of title 

20 5, United States Code; 

21 (II) a military department, as 

22 that term is defined in section 102 of 

23 title 5, United States Code; 

24 (III) the Federal Aviation Ad25 ministration; 


pbinns on DSKJLVW7X2PROD with BILLS
12 

•S 5082 IS

1 (IV) the Transportation Security 

2 Administration; 

3 (V) the Department of Veterans 

4 Affairs; 

5 (VI) the Government Account6 ability Office; 

7 (VII) the Library of Congress; 

8 (VIII) the Postal Service; 

9 (IX) the House of Representa10 tives; 

11 (X) the Senate; and 

12 (XI) the Architect of the Capitol; 

13 (ii) the District of Columbia courts 

14 and the District of Columbia Public De15 fender Service; or 

16 (iii) an— 

17 (I) Indian Tribe or Tribal organi18 zation carrying out a contract or com19 pact under the Indian Self-Determina20 tion and Education Assistance Act 

21 (25 U.S.C. 5301 et seq.); 

22 (II) Indian Tribe or Tribal orga23 nization that receives a grant under 

24 the Tribally Controlled Schools Act of 

25 1988 (25 U.S.C. 2501 et seq.); or 


pbinns on DSKJLVW7X2PROD with BILLS
13 

•S 5082 IS

1 (III) Indian Tribe or Tribal orga2 nization (as defined in section 5212 of 

3 the Tribally Controlled Schools Act of 

4 1988 (25 U.S.C. 2511)) that receives 

5 a grant under that Act (25 U.S.C. 

6 2501 et seq.); and 

7 (B) does not include a nonappropriated 

8 fund instrumentality under the jurisdiction of 

9 the Armed Forces. 

10 (2) COVERED DUTY.—The term ‘‘covered duty’’ 

11 means all work performed by a Federal employee, 

12 except duties that a Federal employee performs 

13 while teleworking from a residence. 

14 (3) FEDERAL EMPLOYEE.—The term ‘‘Federal 

15 employee’’ means— 

16 (A) an individual who engages in covered 

17 duties on behalf of an agency at any time dur18 ing the COVID–19 pandemic, or an individual 

19 classified as an independent contractor by the 

20 agency who engages in covered duties during 

21 such period; 

22 (B) includes— 

23 (i) any person performing work for an 

24 agency who engages in covered duties dur25 ing the COVID–19 pandemic, regardless of 


pbinns on DSKJLVW7X2PROD with BILLS
14 

•S 5082 IS

1 whether such person is classified as an 

2 independent contractor by the agency; and 

3 (ii) any paid or unpaid intern, fellow, 

4 trainee, or other person performing work 

5 for an agency who engages in covered du6 ties during the COVID–19 pandemic; and 

7 (C) does not include any employee of a 

8 Federal contractor. 

9 (4) TIMELY MANNER.—The term ‘‘timely man10 ner’’, with respect to the administration of a 

11 COVID–19 diagnostic test, means within 24 hours 

12 of the administration of such test. 

13 (b) FEDERAL EMPLOYEE COVID–19 TESTING.— 

14 (1) IN GENERAL.—Not later than 30 days after 

15 the date of enactment of this Act, each agency shall 

16 begin to— 

17 (A) conduct or contract with entities to 

18 conduct COVID–19 diagnostic tests for Federal 

19 employees employed by the agency at no cost to 

20 the employee, regardless of whether such em21 ployees exhibit symptoms of COVID–19, pro22 vided at locations accessible to the Federal em23 ployees; 

24 (B) provide each Federal employee em25 ployed by the agency with the results of the diVerDate Sep 11 2014 23:32 Jan 20, 2021 Jkt 019200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S5082.IS S5082

pbinns on DSKJLVW7X2PROD with BILLS
15 

•S 5082 IS

1 agnostic tests, regardless of the results, includ2 ing an interpretation of what the test means in 

3 the employee’s preferred language, in a timely 

4 manner; 

5 (C) submit the results of such tests to rel6 evant Federal, State, local, territorial, and 

7 Tribal public health officials; and 

8 (D) publish the aggregate results of such 

9 diagnostic tests in accordance with section 8. 

10 (2) TIME PERIOD.—Each agency shall continue 

11 the activities described in subparagraphs (A), (B), 

12 and (C) of paragraph (1) throughout the duration of 

13 the COVID–19 pandemic. 

14 (3) MINIMUM WAGE AND OVERTIME.—Notwith15 standing any other provision of law, for any indi16 vidual employed by a contractor or subcontractor, 

17 and who performs work assisted in whole or in part 

18 by funding under this section, with respect to such 

19 employment, such individual shall— 

20 (A) be paid a wage of not less than $15 

21 per hour; and 

22 (B) if such individual is paid at a rate that 

23 is the full-time equivalent of less than $51,000 

24 per year, receive overtime pay of one-and-one25 half times the individual’s regular rate of pay 


pbinns on DSKJLVW7X2PROD with BILLS
16 

•S 5082 IS

1 for all hours worked in excess of 40 hours per 

2 workweek. 

3 (c) FREQUENCY AND LOCATION OF COVID–19 DI4 AGNOSTIC TESTING.—In administering COVID–19 tests 

5 pursuant to subsection (b), each agency shall provide 

6 COVID–19 diagnostic tests at frequencies and locations 

7 recommended by the State, local, territorial or Tribal pub8 lic health officials with jurisdiction over the geographic 

9 areas in which the applicable Federal employees work, or, 

10 if a national testing strategy is developed by Federal offi11 cials, in compliance with the national testing strategy. 

12 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated to each Federal agency such 

14 sums as may be necessary to procure and administer the 

15 COVID–19 diagnostic tests required under this section. 

16 SEC. 5. FEDERAL DISTRIBUTION OF COVID–19 TESTS TO 

17 QUALIFIED ENTITIES. 

18 (a) DEFINITIONS.—In this section: 

19 (1) COVID–19 TESTING.—The term ‘‘COVID– 

20 19 testing’’ has the meaning given such term in in21 terim final rules promulgated by the Secretary with22 in 15 days of the date of enactment of this Act. 

23 (2) ESSENTIAL WORK.—The term ‘‘essential 

24 work’’ means any work that— 


pbinns on DSKJLVW7X2PROD with BILLS
17 

•S 5082 IS

1 (A) is performed during the period of the 

2 COVID–19 pandemic; 

3 (B) cannot be performed while teleworking 

4 from a residence; and 

5 (C)(i) involves— 

6 (I) regular in-person interactions with 

7 patients, the public, or coworkers of the in8 dividual performing the work; or 

9 (II) regular physical handling of items 

10 that were handled by, or are to be handled 

11 by patients, the public, or coworkers of the 

12 individual performing the work; and 

13 (ii) is in the area of— 

14 (I) first responder work, in the public 

15 sector or private sector, including services 

16 in response to emergencies that have the 

17 potential to cause death or serious bodily 

18 injury, such as police, fire, emergency med19 ical, protective, child maltreatment, domes20 tic violence, and correctional services (in21 cluding activities carried out by employees 

22 in fire protection activities, as defined in 

23 section 3(y) of the Fair Labor Standards 

24 Act of 1938 (29 U.S.C. 203(y)) and activi25 ties of law enforcement officers, as defined 


pbinns on DSKJLVW7X2PROD with BILLS
18 

•S 5082 IS

1 in section 1204(6) of the Omnibus Crime 

2 Control and Safe Streets Act of 1968 (34 

3 U.S.C. 10284(6))); 

4 (II) health care work physically pro5 vided in inpatient settings (including hos6 pitals and other inpatient post-acute care 

7 settings such as nursing homes, inpatient 

8 rehabilitation facilities, and other related 

9 settings) and other work physically per10 formed in such inpatient settings that sup11 ports or is in furtherance of such health 

12 care work physically provided in inpatient 

13 settings; 

14 (III) health care work physically pro15 vided in outpatient settings (including at 

16 physician offices, community health cen17 ters, Tribal clinics, rural health clinics and 

18 other clinics, hospital outpatient depart19 ments, freestanding emergency depart20 ments, health centers, ambulatory surgical 

21 centers, dialysis centers, dental offices, and 

22 other related settings), and other work 

23 physically performed in such outpatient 

24 settings that supports or is in furtherance 


pbinns on DSKJLVW7X2PROD with BILLS
19 

•S 5082 IS

1 of such health care work physically pro2 vided in outpatient settings; 

3 (IV) pharmacy work, physically per4 formed in pharmacies, drug stores, or 

5 other retail facilities specializing in medical 

6 goods and supplies; 

7 (V) any work physically performed in 

8 a facility that performs medical testing and 

9 diagnostic services, including laboratory 

10 processing, medical testing services, imag11 ing services, or related activities; 

12 (VI) home- and community-based 

13 health care work, including home health 

14 care, residential care, assistance with ac15 tivities of daily living, and any services 

16 provided by direct care workers (as defined 

17 in section 799B of the Public Health Serv18 ice Act (42 U.S.C. 295p)), personal care 

19 aides, community health aides and commu20 nity health aides participating in the Com21 munity Health Representative Program or 

22 the Community Health Aide Program 

23 under the Indian Health Care Improve24 ment Act (25 U.S.C. 1601 et seq.), job 

25 coaches, or supported employment proVerDate Sep 11 2014 23:32 Jan 20, 2021 Jkt 019200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S5082.IS S5082

pbinns on DSKJLVW7X2PROD with BILLS
20 

•S 5082 IS

1 viders, and any other provision of care to 

2 individuals in their homes by direct service 

3 providers, personal care attendants, and 

4 home health aides; 

5 (VII) biomedical research; 

6 (VIII) behavioral health work requir7 ing physical interaction with individuals, 

8 including mental health services and sub9 stance use disorder prevention, treatment, 

10 and recovery services; 

11 (IX) nursing care and residential 

12 work physically provided in a facility; 

13 (X) family care, including child care 

14 services, in-home child care services such 

15 as nanny services, and care services pro16 vided by family members to other family 

17 members; 

18 (XI) social services work, including 

19 social work, case management, social and 

20 human services, child welfare, family serv21 ices, shelter and services for people who 

22 have experienced intimate partner violence 

23 or sexual assault, services for individuals 

24 who are homeless, child services, commuVerDate Sep 11 2014 23:32 Jan 20, 2021 Jkt 019200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S5082.IS S5082

pbinns on DSKJLVW7X2PROD with BILLS
21 

•S 5082 IS

1 nity food and housing services, and other 

2 emergency social services; 

3 (XII) public health work conducted at 

4 a State, local, territorial, or Tribal govern5 ment public health agency, including epide6 miological activities, surveillance, contact 

7 tracing, data analysis, statistical research, 

8 health education, and other disease detec9 tion, prevention, and response methods; 

10 (XIII) work conducted at a hospital, 

11 clinic, triage center, or other permanent or 

12 temporary health facility operated by the 

13 Indian Health Service, an Indian Tribe, 

14 Tribal organization, or urban Indian orga15 nization; 

16 (XIV) grocery work physically per17 formed at grocery stores, supermarkets, 

18 convenience stores, corner stores, drug 

19 stores, retail facilities specializing in med20 ical goods and supplies, bodegas, or an21 other location where individuals purchase 

22 non-prepared food items; 

23 (XV) restaurant work, including 

24 carry-out, drive-thru, or food delivery 


pbinns on DSKJLVW7X2PROD with BILLS
22 

•S 5082 IS

1 work, requiring physical interaction with 

2 individuals or food products; 

3 (XVI) food production work involving 

4 the physical interaction with food products, 

5 including all agricultural work, farming, 

6 harvesting, fishing, forestry, ranching, 

7 processing, canning, slaughtering, pack8 aging, baking, butchering, and other food 

9 production work, such as any service or ac10 tivity described in section 3(f) of the Fair 

11 Labor Standards Act of 1938 (29 U.S.C. 

12 203(f)) or section 3121(g) of the Internal 

13 Revenue Code of 1986, and the handling, 

14 planting, drying, packing, packaging, proc15 essing, freezing, or grading prior to deliv16 ery for storage of any agricultural or horti17 cultural commodity in its unmanufactured 

18 state; 

19 (XVII) transportation work, includ20 ing— 

21 (aa) any services in public trans22 portation, as defined in section 

23 5302(14) of title 49, United States 

24 Code; 


pbinns on DSKJLVW7X2PROD with BILLS
23 

•S 5082 IS

1 (bb) any private transportation of 

2 people, such as transportation pro3 vided by air, rail, bus, taxicab, per4 sonal car or truck, non-motorized ve5 hicle, or otherwise, including all serv6 ices performed by individuals working 

7 in or on such vehicles, vehicle depots, 

8 or transit facilities; 

9 (cc) any services in passenger rail 

10 transportation, including commuter 

11 rail, intercity passenger rail, or Am12 trak, including services performed by 

13 employees of contractors of such enti14 ties; 

15 (dd) any services in the transpor16 tation of persons, property, or mail by 

17 an aircraft of an air carrier con18 ducting operations under part 121 of 

19 title 14, Code of Federal Regulations 

20 (or successor regulations), or a for21 eign air carrier within, to, or from the 

22 United States, either on board an air23 craft or on the ground at an airport, 

24 including services performed by em25 ployees of contractors of air carriers, 


pbinns on DSKJLVW7X2PROD with BILLS
24 

•S 5082 IS

1 or foreign air carriers, as described in 

2 section 4111(3) of the CARES Act 

3 (15 U.S.C. 9071(3)); 

4 (ee) any services as an aircraft 

5 mechanic or technician who performs 

6 maintenance, repair, or overhaul work 

7 on an aircraft of an air carrier con8 ducting operations under such part 

9 121 or foreign air carrier within the 

10 United States; 

11 (ff) services as maritime workers 

12 who qualify as seamen under section 

13 10101(3) of title 46, United States 

14 Code, and other maritime employees 

15 including— 

16 (AA) longshoremen, harbor 

17 workers and shipbuilders covered 

18 under section 2(3) of the 

19 Longshore and Harbor Workers’ 

20 Compensation Act (33 U.S.C. 

21 902(3)) involved in the transpor22 tation of merchandise or pas23 sengers by water; and 

24 (BB) shipbuilders and ship 

25 repairers who are working for an 


pbinns on DSKJLVW7X2PROD with BILLS
25 

•S 5082 IS

1 employer performing shipbuilding 

2 or ship repair work under con3 tract or subcontract to the De4 partments of Defense, Energy or 

5 Homeland Security for military 

6 or other national security pur7 poses; 

8 (gg) services as maritime trans9 portation workers supporting or ena10 bling transportation functions, includ11 ing such services as— 

12 (AA) barge workers, tug op13 erators, and port and facility se14 curity personnel; 

15 (BB) marine dispatchers; 

16 and 

17 (CC) workers who repair 

18 and maintain marine vessels (in19 cluding the equipment and infra20 structure that enables operations 

21 that encompass movement of 

22 cargo and passengers); and 

23 (hh) work physically performed 

24 in a warehouse or other facility in 

25 warehousing (including all services 


pbinns on DSKJLVW7X2PROD with BILLS
26 

•S 5082 IS

1 performed by individuals picking, sort2 ing, packing, and shipping in ware3 houses), storage, distribution, or call 

4 center support facilities, and other es5 sential operational support functions 

6 that are necessary to accept, store, 

7 and process goods, and that facilitate 

8 the goods’ transportation and delivery; 

9 (XVIII) cleaning work and building 

10 maintenance work physically performed on 

11 the grounds of a facility, including all cus12 todial or janitorial services, security serv13 ices, and repair and maintenance services; 

14 (XIX) work in the collection, removal, 

15 transport, storage, or disposal of residen16 tial, industrial, or commercial solid waste 

17 and recycling, including services provided 

18 by individuals who drive waste or recycling 

19 trucks, who pick up waste or recycling 

20 from residential or commercial locations, 

21 or who work at waste or recycling centers 

22 or landfills; 

23 (XX) work in the gathering, proc24 essing, disseminating, and delivery of news 

25 and information that serves the public inVerDate Sep 11 2014 23:32 Jan 20, 2021 Jkt 019200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S5082.IS S5082

pbinns on DSKJLVW7X2PROD with BILLS
27 

•S 5082 IS

1 terest to the public through mass media, 

2 including television, radio, and newspapers; 

3 (XXI) any work performed by an em4 ployee of a State, locality, or Tribal gov5 ernment, that is determined to be essential 

6 work by the highest authority of such 

7 State, locality, or Tribal government; 

8 (XXII) educational work, school nutri9 tion work, and other work required to op10 erate a school facility, including early 

11 childhood and after-school enrichment pro12 grams, preschool programs, elementary 

13 and secondary education, and higher edu14 cation; 

15 (XXIII) laundry work, including work 

16 in laundromats, laundry service companies, 

17 and dry cleaners; 

18 (XXIV) elections work physically per19 formed at polling places or otherwise 

20 amongst the public, including public-sector 

21 elections personnel and private-sector elec22 tions personnel; 

23 (XXV) hazardous materials manage24 ment, response, and cleanup work associ25 ated with any other essential work covered 


pbinns on DSKJLVW7X2PROD with BILLS
28 

•S 5082 IS

1 under this paragraph, including health 

2 care waste (including medical, pharma3 ceuticals, and medical material produc4 tion), and testing operations (including 

5 laboratories processing test kits); 

6 (XXVI) disinfection work for all facili7 ties and modes of transportation involved 

8 in other essential work covered under this 

9 paragraph; 

10 (XXVII) work in critical clinical re11 search, development, and testing necessary 

12 for COVID–19 response that involves 

13 physical interaction with hazardous mate14 rials, such as samples of COVID–19; 

15 (XXVIII) work in mortuary, funeral, 

16 cremation, burial, cemetery, and related 

17 services; 

18 (XXIX) work requiring physical inter19 actions with patients in physical therapy, 

20 occupational therapy, speech-language pa21 thology, and respiratory therapy and other 

22 therapy services; 

23 (XXX) dental care work requiring 

24 physical interaction with patients; 


pbinns on DSKJLVW7X2PROD with BILLS
29 

•S 5082 IS

1 (XXXI) work performed by employees 

2 of the United States Postal Service; 

3 (XXXII) work at hotel and commer4 cial lodging facilities that are used for 

5 COVID–19 mitigation and containment 

6 measures; and 

7 (XXXIII) work installing or repairing 

8 a telecommunications line or equipment. 

9 (3) ESSENTIAL WORKER.—The term ‘‘essential 

10 worker’’ means an individual whose work and duties 

11 include essential work, including individuals that are 

12 employees of employers and individuals performing 

13 any services or labor for remuneration, regardless of 

14 whether such individual is classified as an inde15 pendent contractor by the employer. 

16 (4) QUALIFIED ENTITY.—The term ‘‘qualified 

17 entity’’ means— 

18 (A) a congregate care setting, including 

19 any skilled nursing facilities, assisted living fa20 cilities, prisons and jails, residential behavioral 

21 health care and psychiatric facilities, and facili22 ties providing services for aging adults and peo23 ple with disabilities; 

24 (B) an education center, including any 

25 childcare facilities, elementary and secondary 


pbinns on DSKJLVW7X2PROD with BILLS
30 

•S 5082 IS

1 schools that have resumed (or plan to resume 

2 within 30 days of receipt of items under sub3 section (b)) any form of in-person instruction, 

4 and colleges and universities that have resumed 

5 (or plan to resume within 30 days of receipt of 

6 items under subsection (b)) any form of in-per7 son instruction or on-campus housing; 

8 (C) a community center, such as State and 

9 local government buildings, religious centers, 

10 and nonprofit service organizations; 

11 (D) a prison, jail, or youth detention facil12 ity; 

13 (E) a hospital, community health center, 

14 Tribal or Indian Health Service clinic or hos15 pital, or other medical facility; 

16 (F) a small business; 

17 (G) a business that employs essential 

18 workers; 

19 (H) a homeless shelter or entity supporting 

20 individuals living in housing funded with sup21 port from the Department of Housing and 

22 Urban Development, including housing provided 

23 under the supportive housing for the elderly 

24 program under section 202 of the Housing Act 

25 of 1959 (12 U.S.C. 1701q); or 


pbinns on DSKJLVW7X2PROD with BILLS
31 

•S 5082 IS

1 (I) another entity, as determined by the 

2 Secretary, that could serve as a COVID–19 di3 agnostic testing site. 

4 (5) TIMELY MANNER.—The term ‘‘timely man5 ner’’, with respect to the administration of a 

6 COVID–19 diagnostic test, means within 24 hours 

7 of the administration of such test. 

8 (b) DISTRIBUTION OF COVID–19 DIAGNOSTIC

9 TESTS.— 

10 (1) IN GENERAL.—Within 40 days of the date 

11 of enactment of this Act, the Secretary shall— 

12 (A) begin distributing COVID–19 diag13 nostic tests and associated medical supplies, in14 cluding tests and medical supplies manufac15 tured under section 3, to qualified entities via 

16 State, local, territorial, and Tribal governments 

17 for the purpose of— 

18 (i) providing COVID–19 diagnostic 

19 testing to essential workers and individuals 

20 served by qualified entities, at no cost to 

21 the essential workers and individuals, re22 gardless of whether such workers and indi23 viduals exhibit symptoms of COVID–19, at 

24 locations accessible to the essential workers 

25 and individuals in the course of their work; 


pbinns on DSKJLVW7X2PROD with BILLS
32 

•S 5082 IS

1 (ii) providing essential workers and 

2 individuals served by qualified entities with 

3 the results of the diagnostic tests, regard4 less of the results, including an interpreta5 tion of what the test means in the employ6 ee’s preferred language, in a timely man7 ner; 

8 (iii) submitting the results of such 

9 tests to relevant Federal, State, local, ter10 ritorial, and Tribal public health officials; 

11 and 

12 (iv) publishing the aggregate results 

13 of such diagnostic tests in accordance with 

14 section 8; and 

15 (B) hire and deploy employees, or contract 

16 with outside entities to hire and deploy employ17 ees, as necessary to assist in the distribution, 

18 provision, administration of, and data collection 

19 regarding COVID–19 diagnostic tests as de20 scribed in subparagraph (A). 

21 (2) EMPLOYEES.—In hiring employees, or con22 tracting with outside entities to hire employees, to 

23 carry out this subsection, the Secretary shall 

24 prioritize, or require contractors to prioritize, hiring 


pbinns on DSKJLVW7X2PROD with BILLS
33 

•S 5082 IS

1 individuals from within the communities served by 

2 the applicable qualified entity. 

3 (3) MINIMUM WAGE AND OVERTIME.—Notwith4 standing any other provision of law, for any indi5 vidual employed by a contractor or subcontractor, 

6 and who performs work assisted in whole or in part 

7 by funding under this section, with respect to such 

8 employment, such individual shall— 

9 (A) be paid a wage of not less than $15 

10 per hour; and 

11 (B) if such individual is paid at a rate that 

12 is the full-time equivalent of less than $51,000 

13 per year, receive overtime pay of one-and-one14 half times the individual’s regular rate of pay 

15 for all hours worked in excess of 40 hours per 

16 workweek. 

17 (c) COORDINATION WITH STATE, LOCAL, TERRI18 TORIAL, AND TRIBAL GOVERNMENTS.—Within 30 days of 

19 the date of enactment of this Act, a representative of each 

20 State, local, territorial, and Tribal government shall sub21 mit to the Secretary a list of qualified entities in their 

22 jurisdiction and a description of employee, resource, and 

23 other infrastructure needs necessary for the distribution 

24 of COVID–19 diagnostic tests and associated drugs and 

25 devices under subsection (b). 


pbinns on DSKJLVW7X2PROD with BILLS
34 

•S 5082 IS

1 (d) FREQUENCY AND LOCATION OF COVID–19 DI2 AGNOSTIC TESTING.—In distributing COVID–19 tests 

3 under (b), the Secretary shall provide COVID–19 diag4 nostic tests at frequencies and locations recommended by 

5 the State, local, territorial, or Tribal public health officials 

6 with jurisdiction over the geographic areas in which quali7 fied entities are located, or, if a national testing strategy 

8 is developed by Federal officials, in compliance with the 

9 national testing strategy. 

10 (e) PUBLIC REPORTING.—Beginning 30 days after 

11 the date of enactment of this Act and for the duration 

12 of the COVID–19 pandemic, the Secretary shall publish 

13 weekly, in a machine readable format, the total number 

14 of tests distributed to, and the total number of tests ad15 ministered in, each State, county, territory, and Tribe 

16 under subsection (b). 

17 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

18 authorized to be appropriated such sums as may be nec19 essary to carry out this section. 

20 SEC. 6. SUPPLEMENTAL GRANTS FOR COVID–19 TESTING. 

21 (a) IN GENERAL.—No later than 30 days after the 

22 date of enactment of this Act, the Secretary, acting 

23 through the Director of the Centers for Disease Control 

24 and Prevention shall— 


pbinns on DSKJLVW7X2PROD with BILLS
35 

•S 5082 IS

1 (1) issue competitive grants to State, local, and 

2 territorial governments for the purpose of increasing 

3 access to COVID–19 diagnostic testing; and 

4 (2) issue noncompetitive and formula-based 

5 awards to Indian Tribes and Tribal organizations. 

6 (b) PRIORITY AREAS AND POPULATIONS.—In issuing 

7 grants under subsection (a), the Secretary shall— 

8 (1) prioritize areas and populations that have 

9 been disproportionately affected by COVID–19, and 

10 areas where operationalizing testing programs is not 

11 possible with existing resources; and 

12 (2) consider the capacity that States, localities, 

13 territories, and Tribes already have at the time of 

14 application to conduct widespread COVID–19 diag15 nostic testing. 

16 (c) USE OF FUNDS.—Grants awarded under sub17 section (a) may be used to— 

18 (1) establish new COVID–19 diagnostic testing 

19 sites at community centers, such as State, local, ter20 ritorial, and Tribal government buildings, churches, 

21 health centers, clinics, and public parks, subject to 

22 Federal quality control standards for laboratory test23 ing; 

24 (2) hire State, local, territorial, and Tribal gov25 ernment employees, or contract with outside entities, 


pbinns on DSKJLVW7X2PROD with BILLS
36 

•S 5082 IS

1 to assist in the development, distribution, and provi2 sion of COVID–19 diagnostic tests within the State, 

3 locality, territory, or Tribe; 

4 (3) purchase COVID–19 diagnostic tests and 

5 the medical supplies necessary to conduct such tests; 

6 (4) increase the number of COVID–19 diag7 nostic tests provided at congregate settings, such 

8 as— 

9 (A) skilled nursing facilities; 

10 (B) assisted living facilities; 

11 (C) childcare facilities; 

12 (D) elementary and secondary schools that 

13 have resumed, or plan to resume within 30 

14 days, in-person instruction; 

15 (E) colleges and universities that have re16 sumed, or plan to resume within 30 days, in17 person instruction or on-campus housing; 

18 (F) prisons, jails, and youth detention fa19 cilities; 

20 (G) residential behavioral health care and 

21 psychiatric facilities; 

22 (H) institutions providing services for 

23 aging adults and people with intellectual and 

24 developmental disabilities, rehabilitation facili25 ties, and group homes; and 


pbinns on DSKJLVW7X2PROD with BILLS
37 

•S 5082 IS

1 (I) homeless shelters; 

2 (5) educate the public about the availability of 

3 COVID–19 diagnostic tests in their communities 

4 and what to do if a positive result is received; 

5 (6) issue subgrants, cooperative agreements, or 

6 contracts to labs, hospitals, and other test providers 

7 to reduce test processing time; submit the results to 

8 State, local, territorial, and Tribal public health offi9 cials; and prevent delays in the distribution of test10 ing results, such as through transferring research 

11 lab capacity to COVID–19 testing capacity and 

12 building new labs to reduce test processing turn13 around time; 

14 (7) enable the State, locality, territory, or Tribe 

15 to detect and identify trends in COVID–19 and de16 velop guidance for communities on how to develop 

17 testing programs and expand test capacity; 

18 (8) reduce disparities in access to COVID–19 

19 diagnostic testing among the communities hardest 

20 hit by COVID–19; and 

21 (9) additional uses, as determined by the Sec22 retary, in accordance with subsection (e). 

23 (d) REQUIREMENT.—Any COVID–19 diagnostic test 

24 conducted with the support of a grant awarded under this 

25 section shall be provided to patients free of charge and 


pbinns on DSKJLVW7X2PROD with BILLS
38 

•S 5082 IS

1 without regard for immigration status. The results shall 

2 be submitted to relevant State, local, territorial, and Trib3 al public health officials. 

4 (e) MINIMUM WAGE AND OVERTIME.—Notwith5 standing any other provision of law, for any individual em6 ployed by a contractor or subcontractor, and who performs 

7 work assisted in whole or in part by funding under this 

8 section, with respect to such employment, such individual 

9 shall— 

10 (1) be paid a wage of not less than $15 per 

11 hour; and 

12 (2) if such individual is paid at a rate that is 

13 the full-time equivalent of less than $51,000 per 

14 year, receive overtime pay of one-and-one-half times 

15 the individual’s regular rate of pay for all hours 

16 worked in excess of 40 hours per workweek. 

17 (f) ADDITIONAL USES OF FUNDS.—In determining 

18 appropriate uses of funds under subsection (c)(9), the Sec19 retary shall consider the incidence of COVID–19 in 

20 States, localities, territories, and Tribes, the availability 

21 and uptake of vaccines for COVID–19 in States, localities, 

22 territories, and Tribes, and advancements in COVID–19 

23 diagnostic test technologies. 

24 (g) AUTHORIZATION OF APPROPRIATIONS.— 


pbinns on DSKJLVW7X2PROD with BILLS
39 

•S 5082 IS

1 (1) IN GENERAL.—There is authorized to be 

2 appropriated $25,000,000,000 for fiscal year 2021 

3 for purposes of awarding grants under this section. 

4 (2) TRIBAL SET-ASIDE.—Not less than 10 per5 cent of the total amount appropriated under para6 graph (1) for a fiscal year shall be reserved for non7 competitive awards to— 

8 (A) Indian Tribes or Tribal organizations 

9 carrying out a contract or compact under the 

10 Indian Self-Determination and Education As11 sistance Act (25 U.S.C. 5301 et seq.); 

12 (B) Indian Tribes or Tribal organizations 

13 receiving a grant under the Tribally Controlled 

14 Schools Act of 1988 (25 U.S.C. 2501 et seq.); 

15 and 

16 (C) Indian Tribes or tribal organizations 

17 (as defined in section 5212 of the Tribally Con18 trolled Schools Act of 1988 (25 U.S.C. 2511)) 

19 receiving grants under that Act (25 U.S.C. 

20 2501 et seq.). 

21 (3) LOCAL GOVERNMENT SET ASIDE.—Not less 

22 than 30 percent of the total amount appropriated 

23 under paragraph (1) for a fiscal year shall be re24 served for grants awarded directly to local govern25 ments. 


pbinns on DSKJLVW7X2PROD with BILLS
40 

•S 5082 IS

1 SEC. 7. REPORTS AND GUIDANCE ON COVID–19 DIAG2 NOSTIC TESTING. 

3 (a) UPDATED GUIDANCE ON COVID–19 RAPID DI4 AGNOSTIC TESTS.— 

5 (1) IN GENERAL.—Not later than 30 days after 

6 the date of enactment of this Act, the Secretary, act7 ing through the Commissioner of Food and Drugs, 

8 shall issue updated guidance on the development of 

9 rapid COVID–19 diagnostic tests, the provision of 

10 such tests, including in nonclinical environments, 

11 and the appropriate collection and electronic report12 ing of results (including geographic and demo13 graphic data, including with respect to race and eth14 nicity) and data regarding such tests to Federal, 

15 State, local, and Tribal public health officials. 

16 (2) RAPID COVID–19 DIAGNOSTIC TEST.—For 

17 purposes of paragraph (1), the term ‘‘rapid COVID– 

18 19 diagnostic test’’ means a COVID–19 diagnostic 

19 test that can be performed by a user, with or with20 out the need of a medical professional or medical su21 pervisor, and that can produce results within 1 hour 

22 of application. 

23 (b) UPDATED SURVEILLANCE TESTING GUID24 ANCE.— 

25 (1) IN GENERAL.—Not later than 30 days after 

26 the date of enactment of this Act, the Secretary, actVerDate Sep 11 2014 23:32 Jan 20, 2021 Jkt 019200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S5082.IS S5082

pbinns on DSKJLVW7X2PROD with BILLS
41 

•S 5082 IS

1 ing through the Commissioner of Food and Drugs 

2 and in consultation with the Director of the Centers 

3 for Disease Control and Prevention, shall issue guid4 ance on COVID–19 surveillance testing best prac5 tices. Such guidance shall address how COVID–19 

6 surveillance testing can be used to keep qualified en7 tities, as defined in section 5(a), open to the public, 

8 and how tests with differing accuracy standards, in9 cluding rapid point of care antigen tests and pooled 

10 molecular tests, can each be used in COVID–19 sur11 veillance testing at qualified entities among children 

12 and adult. 

13 (2) COVID–19 SURVEILLANCE TESTING.—For 

14 purposes of paragraph (1), the term ‘‘COVID-19 

15 surveillance testing’’ means the ongoing, systematic 

16 collection, analysis, and interpretation of COVID–19 

17 diagnostic test results for the purpose of monitoring 

18 for a community- or population-level infection and 

19 disease, or to characterize the incidence and preva20 lence of disease. 

21 (c) REPORT ON NATIONAL DAILY TESTING BENCH22 MARK.—Not later than 30 days after the date of enact23 ment of this Act, the Secretary, acting through the Com24 missioner of Food and Drugs and in consultation with the 

25 Director of the Centers for Disease Control and PrevenVerDate Sep 11 2014 23:32 Jan 20, 2021 Jkt 019200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S5082.IS S5082

pbinns on DSKJLVW7X2PROD with BILLS
42 

•S 5082 IS

1 tion, shall issue recommendations on the total number of 

2 COVID–19 diagnostic tests that should be conducted in 

3 the United States per day to control the spread of 

4 COVID–19, with a focus on the number of tests necessary 

5 to protect essential workers, as defined in section 5(a), 

6 from COVID–19 infection. 

7 (d) COMPARISON OF COVID–19 DIAGNOSTIC TEST

8 PERFORMANCE.—Not later than 30 days after the date 

9 of enactment of this Act, the Secretary, acting through 

10 the Commissioner of Food and Drugs, shall issue a report 

11 comparing the performance of COVID–19 diagnostic tests 

12 on the market, including a comparison of the differing 

13 sensitivity and accuracy of such tests in asymptomatic and 

14 symptomatic populations and children and adults. 

15 (e) REVIEW OF COVID–19 DIAGNOSTIC TEST AP16 PROVAL PATHWAYS.—Not later than 30 days after the 

17 date of enactment of this Act, the Secretary, acting 

18 through the Commissioner of Food and Drugs, shall re19 view the process for approving COVID–19 diagnostic tests 

20 for market, with a particular focus on extraction-free high21 ly sensitive molecular tests, pooled highly sensitive molec22 ular tests, low-cost rapid antigen test, low-cost highly sen23 sitive molecular tests, assays that can use a variety of re24 agents, and other products as determined by the SecVerDate Sep 11 2014 23:32 Jan 20, 2021 Jkt 019200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S5082.IS S5082

pbinns on DSKJLVW7X2PROD with BILLS
43 

•S 5082 IS

1 retary, and take steps as necessary to expedite such proc2 ess, as appropriate. 

3 SEC. 8. DEMOGRAPHIC AND GEOGRAPHIC DATA COLLEC4 TION. 

5 (a) COVID–19 DATA COLLECTION.—The Secretary, 

6 acting through the Director of the Centers for Disease 

7 Control and Prevention and in consultation with the Ad8 ministrator of the Centers for Medicare & Medicaid Serv9 ices and the Director of the Indian Health Service, shall 

10 make publicly available on the website of the Centers for 

11 Disease Control and Prevention data collected relating to 

12 COVID–19 testing from entities receiving Federal funding 

13 under this Act, including data disaggregated by race, eth14 nicity, sex (including sexual orientation and gender iden15 tity), age, primary language, socioeconomic status, dis16 ability status, pregnancy status, occupation, county, and 

17 zip code. 

18 (b) APPLICATION OF STANDARDS.—To the extent 

19 practicable, data collection under this section shall follow 

20 standards developed by the Office of Minority Health of 

21 the Department of Health and Human Services and the 

22 Centers for Disease Control and Prevention, and shall be 

23 collected, analyzed, and reported in accordance with the 

24 standards promulgated under section 3101 of the Public 

25 Health Service Act (42 U.S.C. 300kk). 


pbinns on DSKJLVW7X2PROD with BILLS
44 

•S 5082 IS

1 (c) TIMELINE.—The data made available under this 

2 section shall be updated on a weekly basis throughout the 

3 COVID–19 pandemic. 

4 (d) PRIVACY.—In publishing data under this section, 

5 the Secretary shall take all necessary steps to protect the 

6 privacy of individuals whose information is included in 

7 such data, including— 

8 (1) complying with privacy protections provided 

9 under the regulations promulgated under section 

10 264(c) of the Health Insurance Portability and Ac11 countability Act of 1996 (42 U.S.C. 1320d–2 note) 

12 and State law; and 

13 (2) protections from all inappropriate internal 

14 use by an entity that collects, stores, or receives the 

15 data, including use of such data in determinations of 

16 eligibility (or continued eligibility) in health plans, 

17 and from inappropriate uses. 

18 (e) DATA USE.—Neither the Secretary, nor any other 

19 officer or employee of the Federal Government, or local 

20 government liaison, may use the information furnished 

21 under this legislation for any purpose other than the sta22 tistical and public health purposes for which such informa23 tion is supplied, or make any publication whereby the data 

24 furnished by any particular establishment or individual 

25 under this Act can be identified, or permit anyone other 


pbinns on DSKJLVW7X2PROD with BILLS
45 

•S 5082 IS

1 than the sworn officers and employees of the Department 

2 of Health and Human Services to examine the individual 

3 reports. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS