I 

117TH CONGRESS 

1ST SESSION H. R. 2653 

To rescue domestic medical manufacturing activity by providing incentives 

in economically distressed areas of the United States and its possessions. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 19, 2021 

Miss GONZA ́LEZ-COLO ́N (for herself, Ms. SALAZAR, Mr. SOTO, Mr. DIAZBALART, and Mr. GALLEGO) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the 

Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To rescue domestic medical manufacturing activity by providing incentives in economically distressed areas of the 

United States and its possessions. 

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. 

4 This Act may be cited as the ‘‘Medical Manufac5 turing, Economic Development, and Sustainability Act of 

6 2021’’ or the ‘‘MMEDS Act of 2021’’. 


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1 SEC. 2. ECONOMICALLY DISTRESSED ZONES. 

2 (a) IN GENERAL.—Chapter 1 of the Internal Rev3 enue Code of 1986 is amended by adding at the end the 

4 following new subchapter: 

5 ‘‘Subchapter AA—Medical Manufacturing in 

6 Economically Distressed Zones 

‘‘SUBCHAPTER AA—MEDICAL MANUFACTURING IN ECONOMICALLY DISTRESSED

ZONES

‘‘Sec. 1400AA–1. Medical manufacturing in economically distressed zone credit. 

‘‘Sec. 1400AA–2. Credit for economically distressed zone products and services 

acquired by domestic medical manufacturers. 

‘‘Sec. 1400AA–3. Special rules to secure the national supply chain and for the 

production of population health products. 

‘‘Sec. 1400AA–4. Designation of economically distressed zones. 

7 ‘‘SEC. 1400AA–1. MEDICAL MANUFACTURING IN ECONOMI8 CALLY DISTRESSED ZONE CREDIT. 

9 ‘‘(a) ALLOWANCE OF CREDIT.—There shall be al10 lowed as a credit against the tax imposed by subtitle A 

11 for the taxable year an amount equal 40 percent of the 

12 sum of— 

13 ‘‘(1) the aggregate amount of the taxpayer’s 

14 medical manufacturing economically distressed zone 

15 wages for such taxable year, 

16 ‘‘(2) the allocable employee fringe benefit ex17 penses of the taxpayer for such taxable year, and 

18 ‘‘(3) the depreciation and amortization allow19 ances of the taxpayer for the taxable year with re20 spect to qualified medical manufacturing facility 

21 property. 


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1 ‘‘(b) DENIAL OF DOUBLE BENEFIT.—Any wages or 

2 other expenses taken into account in determining the cred3 it under this section may not be taken into account in de4 termining the credit under sections 41, and any other pro5 vision determined by the Secretary to be substantially 

6 similar. 

7 ‘‘(c) DEFINITIONS AND SPECIAL RULES.—For pur8 poses of this section— 

9 ‘‘(1) ECONOMICALLY DISTRESSED ZONE

10 WAGES.— 

11 ‘‘(A) IN GENERAL.—The term ‘economi12 cally distressed zone wages’ means amounts 

13 paid or incurred for wages of an employee by 

14 the taxpayer for the taxable year which are— 

15 ‘‘(i) in connection with the active con16 duct of a trade or business of the taxpayer, 

17 and 

18 ‘‘(ii) paid or incurred for an employee 

19 the principal place of employment of whom 

20 is in a qualified medical manufacturing fa21 cility of such taxpayer. 

22 ‘‘(B) LIMITATION ON AMOUNT OF WAGES

23 TAKEN INTO ACCOUNT.— 

24 ‘‘(i) IN GENERAL.—The amount of 

25 wages which may be taken into account 


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1 under subparagraph (A) with respect to 

2 any employee for any taxable year shall 

3 not exceed the contribution and benefit 

4 base determined under section 230 of the 

5 Social Security Act for the calendar year 

6 in which such taxable year begins. 

7 ‘‘(ii) TREATMENT OF PART-TIME EM8 PLOYEES, ETC.—If— 

9 ‘‘(I) any employee is not em10 ployed by the taxpayer on a substan11 tially full-time basis at all times dur12 ing the taxable year, or 

13 ‘‘(II) the principal place of em14 ployment of any employee is not with15 in an economically distressed zone at 

16 all times during the taxable year, 

17 the limitation applicable under clause (i) 

18 with respect to such employee shall be the 

19 appropriate portion (as determined by the 

20 Secretary) of the limitation which would 

21 otherwise be in effect under clause (i). 

22 ‘‘(C) TREATMENT OF CERTAIN EMPLOY23 EES.—The term ‘economically distressed zone 

24 wages’ shall not include any wages paid to em25 ployees who are assigned by the employer to 


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1 perform services for another person, unless the 

2 principal trade or business of the employer is to 

3 make employees available for temporary periods 

4 to other persons in return for compensation. 

5 ‘‘(D) WAGES.—For purposes of this para6 graph, the term ‘wages’ shall not include any 

7 amounts which are allocable employee fringe 

8 benefit expenses. 

9 ‘‘(2) ALLOCABLE EMPLOYEE FRINGE BENEFIT

10 EXPENSES.— 

11 ‘‘(A) IN GENERAL.—The term ‘allocable 

12 employee fringe benefit expenses’ means the ag13 gregate amount allowable as a deduction under 

14 this chapter to the taxpayer for the taxable year 

15 for the following amounts which are allocable to 

16 employment in a qualified medical manufac17 turing facility and which are not included as 

18 economically distressed zone wages pursuant to 

19 this subsection: 

20 ‘‘(i) Employer contributions under a 

21 stock bonus, pension, profit-sharing, or an22 nuity plan. 

23 ‘‘(ii) Employer-provided coverage 

24 under any accident or health plan for em25 ployees. 


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1 ‘‘(iii) The cost of life or disability in2 surance provided to employees. 

3 ‘‘(B) ALLOCATION.—For purposes of sub4 paragraph (A), an amount shall be treated as 

5 allocable to a qualified medical manufacturing 

6 facility only if such amount is with respect to 

7 employment of an individual for services pro8 vided, and the principal place of employment of 

9 whom is, in such facility. 

10 ‘‘(3) QUALIFIED MEDICAL MANUFACTURING FA11 CILITY.—The term ‘qualified medical manufacturing 

12 facility’ means any facility that— 

13 ‘‘(A) researches and develops or produces 

14 medical products or essential components of 

15 medical products, and 

16 ‘‘(B) is located within an economically dis17 tressed zone. 

18 ‘‘(4) QUALIFIED MEDICAL MANUFACTURING FA19 CILITY PROPERTY.—The term ‘qualified medical 

20 manufacturing facility property’ means any property 

21 used in (or consisting of) a qualified medical manu22 facturing facility if such property is directly con23 nected to the research, development, or production 

24 of a medical product. 


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1 ‘‘(5) MEDICAL PRODUCT; ESSENTIAL COMPO2 NENT.— 

3 ‘‘(A) MEDICAL PRODUCT.—The term ‘med4 ical product’ means— 

5 ‘‘(i) a drug that— 

6 ‘‘(I) is a prescription drug sub7 ject to regulation under section 505 of 

8 the Federal Food, Drug, and Cos9 metic Act (21 U.S.C. 355) or section 

10 351 of the Public Health Service Act 

11 (42 U.S.C. 262), 

12 ‘‘(II) is subject to regulation 

13 under section 802 of the Federal 

14 Food, Drug, and Cosmetic Act (21 

15 U.S.C. 382), or 

16 ‘‘(III) is described in section 

17 201(jj) of such Act (21 U.S.C. 

18 321(jj)), or 

19 ‘‘(ii) a device, as defined in section 

20 201(h) of such Act (21 U.S.C. 321(h)). 

21 ‘‘(B) ESSENTIAL COMPONENT.—The term 

22 ‘essential component’ means, with respect to a 

23 medical product— 

24 ‘‘(i) an active pharmaceutical ingre25 dient, or 


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1 ‘‘(ii) a protein, antibody, enzyme, hor2 mone, or other organic material that is an 

3 active ingredient in a biological product. 

4 ‘‘(6) AGGREGATION RULES.— 

5 ‘‘(A) IN GENERAL.—For purposes of this 

6 section, members of an affiliated group shall be 

7 treated as a single taxpayer. 

8 ‘‘(B) AFFILIATED GROUP.—The term ‘af9 filiated group’ means an affiliated group (as de10 fined in section 1504(a), determined without re11 gard to section 1504(b)(3)) one or more mem12 bers of which are engaged in the active conduct 

13 of a trade or business within an economically 

14 distressed zone. 

15 ‘‘SEC. 1400AA–2. CREDIT FOR ECONOMICALLY DISTRESSED 

16 ZONE PRODUCTS AND SERVICES ACQUIRED 

17 BY DOMESTIC MEDICAL MANUFACTURERS. 

18 ‘‘(a) ALLOWANCE OF CREDIT.—In the case of an eli19 gible medical manufacturer, there shall be allowed as a 

20 credit against the tax imposed by subtitle A for the taxable 

21 year an amount equal to the applicable percentage of the 

22 aggregate amounts paid or incurred by the taxpayer dur23 ing such taxable year for qualified economically distressed 

24 zone products or services. 


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1 ‘‘(b) APPLICABLE PERCENTAGE.—For purposes of 

2 this section, the term applicable percentage means— 

3 ‘‘(1) 30 percent in the case of amounts paid or 

4 incurred to persons not described in paragraph (2) 

5 or (3), 

6 ‘‘(2) 40 percent in the case of amounts paid or 

7 incurred to an unrelated minority business, and 

8 ‘‘(3) 5 percent in the case of amounts paid or 

9 incurred to a related person. 

10 ‘‘(c) ELIGIBLE MEDICAL MANUFACTURER.—For 

11 purposes of this section, the term ‘eligible medical manu12 facturer’ means any person in the trade or business of pro13 ducing medical products in the United States. 

14 ‘‘(d) QUALIFIED PRODUCT OR SERVICE.—For pur15 poses of this section, the term ‘qualified product or service’ 

16 means— 

17 ‘‘(1) any product which is produced in an eco18 nomically distressed zone and which is integrated 

19 into a medical product produced by the taxpayer, 

20 and 

21 ‘‘(2) any service which is provided in an eco22 nomically distressed zone and which is necessary to 

23 the production of a medical product by the taxpayer 

24 (including packaging). 


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1 ‘‘(e) MINORITY BUSINESS.—For purposes of this sec2 tion— 

3 ‘‘(1) IN GENERAL.—The term ‘minority busi4 ness’ means— 

5 ‘‘(A) a sole proprietorship carried on by a 

6 qualified individual, or 

7 ‘‘(B) a corporation or partnership— 

8 ‘‘(i) at least 50 percent of the owner9 ship interests in which are held by one or 

10 more qualified individuals, and 

11 ‘‘(ii) of which a qualified individual is 

12 the president or chief executive officer (or 

13 a substantially equivalent position). 

14 ‘‘(2) QUALIFIED INDIVIDUAL.—The term ‘quali15 fied individual’ means any individual who— 

16 ‘‘(A) is of Asian-Indian, Asian-Pacific, 

17 Black, Hispanic, or Native American origin or 

18 descent, and 

19 ‘‘(B) is a United States citizen or legal 

20 resident of the United States or any of its terri21 tories or possessions. 

22 ‘‘(f) RELATED PERSONS.—For purposes of this sec23 tion, persons shall be treated as related to each other if 

24 such persons would be treated as a single employer under 

25 the regulations prescribed under section 52(b). 


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1 ‘‘(g) OTHER TERMS.—Terms used in this section 

2 which are also used in section 1400AA–1 shall have the 

3 same meaning as when used in such section. 

4 ‘‘SEC. 1400AA–3. SPECIAL RULES TO SECURE THE NATIONAL 

5 SUPPLY CHAIN AND FOR THE PRODUCTION 

6 OF POPULATION HEALTH PRODUCTS. 

7 ‘‘(a) IN GENERAL.—In the case of a qualified repatri8 ated medical manufacturing facility or a qualified popu9 lation health product manufacturing facility— 

10 ‘‘(1) section 1400AA–1(a) shall be applied by 

11 substituting ‘60 percent’ for ‘40 percent’, and 

12 ‘‘(2) section 1400AA–2(a) shall be applied— 

13 ‘‘(A) by substituting ‘50 percent’ for ‘30 

14 percent’, and 

15 ‘‘(B) by substituting ‘60 percent’ for ‘40 

16 percent’. 

17 ‘‘(b) ELECTION TO EXPENSE IN LIEU OF TAX CRED18 IT FOR DEPRECIATION.—In the case of a taxpayer which 

19 elects (at such time and in such manner as the Secretary 

20 may provide) the application of this subsection with re21 spect to any qualified repatriated medical manufacturing 

22 facility or qualified population health product manufac23 turing facility— 


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1 ‘‘(1) section 1400AA–1(a)(3) shall not apply 

2 with respect to any qualified medical manufacturing 

3 facility property with respect to such facility, and 

4 ‘‘(2) for purposes of section 168(k)— 

5 ‘‘(A) such property shall be treated as 

6 qualified property, and 

7 ‘‘(B) the applicable percentage with respect 

8 to such property shall be 100 percent. 

9 ‘‘(c) QUALIFIED REPATRIATED MEDICAL MANUFAC10 TURING FACILITY.—For purposes of this section, the term 

11 ‘qualified repatriated medical manufacturing facility’ 

12 means any qualified medical manufacturing facility (as de13 fined in section 1400AA–1) the production of which was 

14 moved to an economically distressed zone from a foreign 

15 country that the United States Trade Representative has 

16 determined could pose a risk to the national supply chain 

17 because of political or social factors. 

18 ‘‘(d) QUALIFIED POPULATION HEALTH PRODUCT

19 MANUFACTURING FACILITY.—For purposes of this sec20 tion, the term ‘qualified population health product manu21 facturing facility’ means any qualified medical manufac22 turing facility (as defined in section 1400AA–1) that pro23 duces a population health product (as defined in section 

24 319L(a)(11) of the Public Health Service Act) which the 

25 Secretary of Health and Human Services has identified 


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1 for support through a strategic initiative under section 

2 319L(c)(4)(F)(ii) of the Public Health Service Act. 

3 ‘‘SEC. 1400AA–4. DESIGNATION OF ECONOMICALLY DIS4 TRESSED ZONES. 

5 ‘‘(a) IN GENERAL.—For purposes of this subchapter, 

6 the term ‘economically distressed zone’ means any popu7 lation census tract within the United States which— 

8 ‘‘(1) has a poverty rate of not less than 35 per9 cent for each of the 5 most recent calendar years for 

10 which information is available, or 

11 ‘‘(2) satisfies each of the following require12 ments: 

13 ‘‘(A) has pervasive poverty, unemployment, 

14 low labor force participation, and general dis15 tress measured as a prolonged period of eco16 nomic decline measured by real gross national 

17 product, 

18 ‘‘(B) has a poverty rate of not less than 30 

19 percent for each of the 5 most recent calendar 

20 years for which information is available, and 

21 ‘‘(C) has been designated as such by the 

22 Secretary and the Secretary of Commerce pur23 suant to an application under subsection (b). 

24 ‘‘(b) APPLICATION FOR DESIGNATION.— 


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1 ‘‘(1) IN GENERAL.—An application for designa2 tion as an economically distressed zone may be filed 

3 by a State or local government in which the popu4 lation census tract to which the application applies 

5 is located. 

6 ‘‘(2) REQUIREMENTS.—Such application shall 

7 include a strategic plan for accomplishing the pur8 poses of this subchapter, which— 

9 ‘‘(A) describes the coordinated economic, 

10 human, community, and physical development 

11 plan and related activities proposed for the 

12 nominated area, 

13 ‘‘(B) describes the process by which the af14 fected community is a full partner in the proc15 ess of developing and implementing the plan 

16 and the extent to which local institutions and 

17 organizations have contributed to the planning 

18 process, 

19 ‘‘(C) identifies the amount of State, local, 

20 and private resources that will be available in 

21 the nominated area and the private/public part22 nerships to be used, which may include partici23 pation by, and cooperation with, universities, 

24 medical centers, and other private and public 

25 entities, 


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1 ‘‘(D) identifies the funding requested 

2 under any Federal program in support of the 

3 proposed economic, human, community, and 

4 physical development and related activities, 

5 ‘‘(E) identifies baselines, methods, and 

6 benchmarks for measuring the success of car7 rying out the strategic plan, including the ex8 tent to which poor persons and families will be 

9 empowered to become economically self-suffi10 cient, and 

11 ‘‘(F) does not include any action to assist 

12 any establishment in relocating from one area 

13 outside the nominated area to the nominated 

14 area, except that assistance for the expansion of 

15 an existing business entity through the estab16 lishment of a new branch, affiliate, or sub17 sidiary is permitted if— 

18 ‘‘(i) the establishment of the new 

19 branch, affiliate, or subsidiary will not re20 sult in a decrease in employment in the 

21 area of original location or in any other 

22 area where the existing business entity 

23 conducts business operations, 

24 ‘‘(ii) there is no reason to believe that 

25 the new branch, affiliate, or subsidiary is 


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1 being established with the intention of clos2 ing down the operations of the existing 

3 business entity in the area of its original 

4 location or in any other area where the ex5 isting business entity conducts business op6 eration, and 

7 ‘‘(iii) includes such other information 

8 as may be required by the Secretary and 

9 the Secretary of Commerce. 

10 ‘‘(c) PERIOD FOR WHICH DESIGNATIONS ARE IN EF11 FECT.—Designation as an economically distressed zone 

12 may be made at any time during the 10-year period begin13 ning on the date of the enactment of this section, and shall 

14 remain in effect with respect to such zone during the 15- 

15 year period beginning on the date of such designation. 

16 Economically distressed zones described in subsection 

17 (a)(1) shall take effect on the date of the enactment of 

18 this Act and shall remain in effect during the 15-year pe19 riod beginning on such date. 

20 ‘‘(d) TERRITORIES AND POSSESSIONS.—The term 

21 ‘United States’ includes the 50 States, the District of Co22 lumbia, and the territories and possessions of the United 

23 States. 

24 ‘‘(e) REGULATIONS.—The Secretary shall issue such 

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1 propriate to carry out the purposes of this section, includ2 ing— 

3 ‘‘(1) not later than 30 days after the date of 

4 the enactment of this section, a list of the population 

5 census tracts described in subsection (a)(1), and 

6 ‘‘(2) not later than 60 days after the date of 

7 the enactment of this section, regulations or other 

8 guidance regarding the designation of population 

9 census tracts described in subsection (a)(2).’’. 

10 (b) EFFECTIVE DATE.—The amendments made by 

11 this section shall apply to taxable years beginning after 

12 December 31, 2020. 

13 SEC. 3. AUTHORITY TO SUPPORT DEVELOPMENT OF POPU14 LATION HEALTH PRODUCTS. 

15 (a) DEFINITIONS.— 

16 (1) QUALIFIED COUNTERMEASURE.—Subpara17 graph (A) of section 319F–1(a)(2) of the Public 

18 Health Service Act (42 U.S.C. 247d–6a(a)(2)) is 

19 amended to read as follows: 

20 ‘‘(A) QUALIFIED COUNTERMEASURE.—The 

21 term ‘qualified countermeasure’ means a drug 

22 (as that term is defined by section 201(g)(1) of 

23 the Federal Food, Drug, and Cosmetic Act (21 

24 U.S.C. 321(g)(1))), biological product (as that 

25 term is defined by section 351(i) of this Act (42 


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1 U.S.C. 262(i))), or device (as that term is de2 fined by section 201(h) of the Federal Food, 

3 Drug, and Cosmetic Act (21 U.S.C. 321(h))), 

4 that the Secretary determines to be a priority 

5 consistent with sections 302(2) and 304(a) of 

6 the Homeland Security Act of 2002— 

7 ‘‘(i) to diagnose, mitigate, prevent, or 

8 treat harm from any biological agent (in9 cluding organisms that cause an infectious 

10 disease), toxin, chemical, radiological, or 

11 nuclear agent that may cause a public 

12 health emergency affecting national secu13 rity; or 

14 ‘‘(ii) to diagnose, mitigate, prevent, or 

15 treat harm from an underlying non-com16 municable disease which, combined with 

17 pandemic influenza or an emerging infec18 tious disease, may result in adverse health 

19 consequences or serious threat to one or 

20 more vulnerable American populations (as 

21 defined in section 319L(a)) in an epidemic 

22 or pandemic.’’. 

23 (2) OTHER DEFINITIONS.—Subsection (a) of 

24 section 319L of the Public Health Service Act (42 


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1 U.S.C. 247d–7e) is amended by adding at the end 

2 the following new paragraphs: 

3 ‘‘(11) POPULATION HEALTH PRODUCT.—The 

4 term ‘population health product’ means a widely 

5 available drug to diagnose, mitigate, prevent, or 

6 treat harm from an underlying non-communicable 

7 disease which, combined with pandemic influenza or 

8 an emerging infectious disease, may result in ad9 verse health consequences or a serious threat to one 

10 or more vulnerable American populations in an epi11 demic or pandemic. 

12 ‘‘(12) VULNERABLE AMERICAN POPU13 LATIONS.—The term ‘vulnerable American popu14 lations’ means children, pregnant women, older 

15 adults, minority populations, and other at-risk indi16 viduals with relevant characteristics that warrant 

17 consideration during the process of researching and 

18 developing such countermeasures and products.’’. 

19 (b) STRATEGIC INITIATIVES.—Clause (ii) of section 

20 319L(c)(4)(F) of the Public Health Service Act (42 

21 U.S.C. 247d–7e(c)(4)(F)) is amended to read as follows: 

22 ‘‘(ii) threats that consistently exist or 

23 continually circulate and have a significant 

24 potential to become a pandemic, such as 

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1 tious diseases in combination with under2 lying non-communicable diseases, which 

3 may include the advanced research and de4 velopment, manufacturing, and appropriate 

5 stockpiling of qualified pandemic or epi6 demic products, and products, technologies, 

7 or processes to support the advanced re8 search and development of such counter9 measures (including multiuse platform 

10 technologies for diagnostics, vaccines, and 

11 therapeutics; virus seeds; clinical trial lots; 

12 novel virus strains; and antigen and adju13 vant material); and’’. 

14 (c) AT-RISK INDIVIDUALS.—Paragraph (6) of section 

15 319L(c) of the Public Health Service Act (42 U.S.C. 

16 247d–7e(c)) is amended to read as follows: 

17 ‘‘(6) AT-RISK INDIVIDUALS.—In carrying out 

18 the functions under this section, the Secretary may 

19 give a priority to advanced research and develop20 ment of— 

21 ‘‘(A) qualified countermeasures and quali22 fied pandemic or epidemic products likely to be 

23 safe and effective with respect to vulnerable 

24 American populations; and 


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1 ‘‘(B) population health products likely to 

2 protect vulnerable American populations with 

3 underlying non-communicable diseases from dis4 proportionate harm in epidemics and 

5 pandemics.’’. 

6 (d) OTHER AUTHORITIES.—Section 319L(c) of the 

7 Public Health Service Act (42 U.S.C. 247d–7e(c)) is 

8 amended by adding at the end the following: 

9 ‘‘(8) TIMELY DELIVERY OF POPULATION

10 HEALTH PRODUCTS TO AT-RISK INDIVIDUALS.—The 

11 Secretary shall collaborate with the Administrator of 

12 the Centers for Medicare & Medicaid Services, the 

13 Secretary of Defense, the Secretary of Veterans Af14 fairs, the Commissioner of Food and Drugs, and the 

15 heads of other Federal agencies involved with ap16 proval and distribution of health products to assure 

17 that such Federal agencies distribute approved pop18 ulation health products as promptly and effectively 

19 as possible, and as continuously as possible, to pro20 tect vulnerable American populations from harm in 

21 epidemics and pandemics. 

22 ‘‘(9) REPORT ON NEED FOR INCENTIVIZING DE23 VELOPMENT OF POPULATION HEALTH PRODUCTS.— 

24 Not later than 90 days after the date of enactment 

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1 ment, and Sustainability Act of 2021, the Secretary 

2 shall examine and report to the Congress on— 

3 ‘‘(A) the extent to which the health of 

4 aging Americans, African Americans, His5 panics, Native Americans, veterans, or other 

6 vulnerable American populations has been dis7 proportionately harmed by the COVID–19 pan8 demic and prior epidemics and pandemics; 

9 ‘‘(B) the population health products cur10 rently available and whether there is a need for 

11 additional innovation and development to 

12 produce population health products to reduce 

13 the exposure of vulnerable American popu14 lations to risk of disproportionate harm in 

15 epidemics and pandemics; and 

16 ‘‘(C) whether the Secretary recommends 

17 providing the same incentives for the develop18 ment and marketing of population health prod19 ucts as is given with respect to covered infec20 tious disease products under the Federal Food, 

21 Drug, and Cosmetic Act, including under sec22 tion 505E of such Act.’’. 

Æ 


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