1129 
SEC. 306. SOONER COVERAGE OF TESTING FOR COVID–19. 
Section 6001(a) of division F of the Families First 
Coronavirus Response Act (42 U.S.C. 1320b–5 note) is 
amended by striking ‘‘beginning on or after’’ and inserting 
‘‘beginning before, on, or after’’. 
SEC. 307. CLARIFYING SCOPE OF COVERAGE REQUIREMENT 
FOR ITEMS AND SERVICES RELATING TO 
COVID–19. 
Section 6001 of the Families First Coronavirus Re-
sponse Act (Public Law 116–127) is amended— 
(1) in subsection (b), by striking ‘‘subsection (a)’’ 
and inserting ‘‘subsections (a) and (e)’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(e) SCOPE OF COVERAGE REQUIREMENT.—A group 
health plan and a health insurance issuer offering group 
or individual health insurance coverage (including a grand-
fathered health plan (as defined in section 1251(e) of the 
Patient Protection and Affordable Care Act)) shall provide 
coverage, without cost sharing and without prior authoriza-
tion or other medical management requirements, in accord-
ance with subsection (a) for tests, items, and services de-
scribed in such subsection and furnished to an individual 
during the emergency period defined in paragraph (1)(B) 
of section 1135(g) of the Social Security Act (42 U.S.C. 
1320b-5(g)), regardless of—
1130 
‘‘(1) why such individual sought such tests, 
items, and services; 
‘‘(2) the nature of the clinical assessment that 
was associated with such tests, items, and services; 
‘‘(3) whether such individual was showing symp-
toms prior to being furnished such tests, items, and 
services; 
‘‘(4) in the case of such tests, whether or not such 
tests were ordered by a provider; 
‘‘(5) the frequency with which such individual is 
furnished such tests, items, and services; and 
‘‘(6) any other review of the encounters or events 
that preceded or followed the furnishing of such tests, 
items, and services.’’. 
SEC. 308. GUIDANCE ON BILLING FOR PROVIDER VISITS AS-
SOCIATED WITH COVID–19 TESTING. 
The Secretary of Health and Human Services, the Sec-
retary of Labor, and the Secretary of the Treasury shall 
jointly issue guidance not later than 30 days after the date 
of enactment of this Act for purposes of clarifying— 
(1) the process for submitting claims for tests, 
items, and services described in section 6001(a) of the 
Families First Coronavirus Response Act (Public 
Law 116–127) to ensure that individuals enrolled in 
individual or group health insurance coverage or
1131 
group health plans (including grandfathered health 
plans (as defined in section 1251(e) of the Patient 
Protection and Affordable Care Act)) to whom such 
tests, items, and services are furnished are not subject 
to cost-sharing (including deductibles, copayments, 
and coinsurance) or prior authorization or other med-
ical management requirements; and 
(2) that providers should not collect cost-sharing 
amounts from such individuals seeking such tests, 
items, or services. 
SEC. 309. IMPROVEMENTS TO TRANSPARENCY OF THE PRIC-
ING OF DIAGNOSTIC TESTING FOR COVID–19. 
(a) IN GENERAL.—Section 3202 of the CARES Act 
(Public Law 116–136) is amended— 
(1) in subsection (b)— 
(A) in the heading, by inserting ‘‘AND RE-
LATED
ITEMS
AND
SERVICES’’ after ‘‘DIAG-
NOSTIC TESTING FOR COVID–19’’; 
(B) in paragraph (1)— 
(i) by striking ‘‘a diagnostic test for 
COVID–19’’ and inserting ‘‘a test, item, or 
service described in section 6001(a) of divi-
sion F of the Families First Coronavirus 
Response Act’’; and
1132 
(ii) by striking ‘‘such test’’ and insert-
ing ‘‘such test, item, or service’’; and 
(C) in paragraph (2), by striking ‘‘a diag-
nostic test for COVID–19’’ and inserting ‘‘a test, 
item, or service described in section 6001(a) of 
division F of the Families First Coronavirus Re-
sponse Act’’; and 
(2) by adding at the end the following new sub-
sections: 
‘‘(c) IMPROVEMENTS TO TRANSPARENCY POLICY.— 
‘‘(1) IN GENERAL.—Not later than 30 days after 
the date of the enactment of this subsection, the Sec-
retary of Health and Human Services shall conduct 
a survey of providers of the items and services de-
scribed in section 6001(a) of division F of the Fami-
lies First Coronavirus Response Act (Public Law 
116– 127) regarding the cash prices for such items 
and services listed by the providers on a public inter-
net website of such provider. 
‘‘(2) REPRESENTATIVE
SAMPLE.—In carrying 
out paragraph (1), the Secretary shall survey a sam-
ple of providers that is representative of the diversity 
of sizes, geographic locations, and care settings (such 
as hospitals, laboratories, and independent free-
1133 
standing emergency department) in which diagnostic 
testing for COVID–19 is performed. 
‘‘(d) PUBLIC REPORT.—Not later than 60 days after 
the date of the enactment of this subsection, the Secretary 
of Health and Human Services shall publish on the Internet 
website of the Department of Health and Human Services 
a report on cash prices for items and services published 
under subsection (b)(1) during the period beginning on the 
date of the enactment of this Act and ending on the date 
of the enactment of this subsection, which shall include— 
‘‘(1) the percentage of providers that comply 
with the publication requirement under such sub-
section; 
‘‘(2) the average cash price for each item and 
service described in section 6001(a) of division F of 
the Families First Coronavirus Response Act that is 
published under such subsection; 
‘‘(3) with respect to each such item and service, 
a comparison of such average cash price to the reim-
bursement rate under the Medicare program under 
title XVIII of the Social Security Act (42 U.S.C. 1395 
et seq.); and 
‘‘(4) any cash prices published under such sub-
section that substantially exceed the average cash
1134 
price for each such item or service and the name of 
each provider that charges such prices.’’. 
SEC. 310. GRANTS FOR EXCHANGE OUTREACH, EDUCATION, 
AND ENROLLMENT ASSISTANCE. 
(a) OUTREACH AND EDUCATION GRANTS TO STATES 
AND NAVIGATOR ENROLLMENT GRANTS TO EXCHANGES TO 
ASSIST ELIGIBLE INDIVIDUALS.— 
(1) OUTREACH
AND
EDUCATION
GRANTS
TO 
STATES.— 
(A) IN GENERAL.—The Secretary of Health 
and Human Services shall carry out a program 
that awards grants to States that provide out-
reach and educational activities for purposes of 
informing individuals of the availability of cov-
erage under qualified health plans offered 
through an Exchange and financial assistance 
for coverage under such plans (including the in-
forming of eligible individuals of the availability 
of coverage under qualified health plans offered 
through an Exchange during the application 
process for unemployment compensation under 
State or Federal law). 
(B) CONSIDERATION OF CERTAIN NEEDS OF 
POPULATION OF EXCHANGE.—The outreach and 
educational activities described in subparagraph
1135 
(A) shall be provided in a manner that is cul-
turally and linguistically appropriate to the 
needs of the populations being served by the Ex-
change (including hard-to-reach populations, 
such as racial and sexual minorities, limited 
English proficient populations, and young 
adults). 
(C) APPLICATIONS.—To be eligible to re-
ceive a grant under this paragraph, a State shall 
submit to the Secretary an application at such 
time, in such manner, and containing such in-
formation as the Secretary may require. 
(D) LIMITATION
ON
USE
OF
FUNDS.—No 
funds appropriated under paragraph (4)(A) 
shall be used for expenditures for promoting non- 
ACA compliant health insurance coverage. 
(E) GRANT DURATION AND AMOUNT.— 
(i) DURATION.—Each grant under this 
paragraph shall be for a 1-year period that 
begins on the date of the enactment of this 
Act (which may be renewed for a 1-year pe-
riod by the Secretary of Health and Human 
Services). 
(ii) AMOUNT.—
1136 
(I) IN GENERAL.—The Secretary 
of Health and Human Services shall 
determine the amount of each grant 
under this paragraph. 
(II) 
MINIMUM.—Each 
grant 
under this paragraph shall be for an 
amount that is at least $500,000 for 
each 1-year period, and if applicable, 
at least $500,000 for any 1-year period 
of renewal. 
(2) NAVIGATOR ENROLLMENT GRANTS THROUGH 
EXCHANGES.— 
(A) IN GENERAL.—The Secretary of Health 
and Human Services shall award grants to Ex-
changes described in subparagraph (D) for pur-
poses of facilitating the enrollment of individuals 
in qualified health plans offered through such 
Exchanges. 
(B) USE OF FUNDS.—Funds made available 
under a grant made under subparagraph (A) 
may only be used by such Exchanges to carry 
out the navigator program described in sub-
section (i)(1) of such section 1311. 
(C) APPLICATIONS.—To be eligible to re-
ceive a grant under this paragraph, for purposes
1137 
of carrying out subparagraph (A), an Exchange 
described in subparagraph (D) shall submit to 
the Secretary an application at such time, in 
such manner, and containing such information 
as the Secretary may require. 
(D) EXCHANGE DESCRIBED.—For purposes 
of this paragraph, an Exchange described in this 
subparagraph is an Exchange that a State estab-
lishes 
and 
operates 
pursuant 
to 
section 
1311(b)(1) of the Patient Protection and Afford-
able Care Act (42 U.S.C. 18031(b)(1)). 
(3) APPROPRIATIONS.—There are appropriated 
for each of fiscal years 2021 and 2022, to remain 
available through fiscal year 2023— 
(A) $100,000,000 to carry out paragraph 
(1)(A); and 
(B) $100,000,000— 
(i) to carry out paragraph (2)(A); and 
(ii) to carry out the navigator program 
described in section 1311(i) of the Patient 
Protection and Affordable Care Act (42 
U.S.C. 18031(i)) for Exchanges operated by 
the Secretary pursuant to section 1321(c)(1) 
of such Act (42 U.S.C. 18041(c)(1))). 
(4) DEFINITIONS.—In this subsection:
1138 
(A) ELIGIBLE INDIVIDUALS.—The term ‘‘el-
igible individual’’ means, with respect to an Ex-
change, an individual who is otherwise eligible 
to enroll through such Exchange. 
(B) EXCHANGE.—The term ‘‘Exchange’’ 
means an American Health Benefit Exchange es-
tablished under section 1311 of the Patient Pro-
tection and Affordable Care Act (42 U.S.C. 
18031). 
(C) NON-ACA COMPLIANT HEALTH INSUR-
ANCE COVERAGE.— 
(i) IN GENERAL.—The term ‘‘non-ACA 
compliant 
health 
insurance 
coverage’’ 
means health insurance coverage, or a 
group health plan, that is not a qualified 
health plan. 
(ii) INCLUSION.—Such term includes 
the following: 
(I) An association health plan. 
(II) Short-term limited duration 
insurance. 
(D) QUALIFIED HEALTH PLAN.—The term 
‘‘qualified health plan’’ has the meaning given 
such term in section 1301(a)(1) of the Patient
1139 
Protection and Affordable Care Act (42 U.S.C. 
18021(a)(1)). 
(b) IMPLEMENTATION.—The Secretary of Health and 
Human Services may implement the provisions of this sec-
tion through subregulatory guidance, program instruction, 
or otherwise. 
SEC. 311. APPLICATION OF PREMIUM TAX CREDIT IN CASE 
OF 
INDIVIDUALS 
RECEIVING 
UNEMPLOY-
MENT COMPENSATION DURING THE COVID-19 
PUBLIC HEALTH EMERGENCY. 
(a) IN GENERAL.—Section 36B of the Internal Rev-
enue Code of 1986, as amended by the preceding provisions 
of this Act, is amended by redesignating subsection (g) as 
subsection (h) and by inserting after subsection (f) the fol-
lowing new subsection: 
‘‘(g) SPECIAL RULE FOR INDIVIDUALS WHO RECEIVE 
UNEMPLOYMENT COMPENSATION DURING COVID-19 PUB-
LIC HEALTH EMERGENCY.— 
‘‘(1) IN GENERAL.—For purposes of the credit 
determined under this section, in the case of a tax-
payer who has received, or has been approved to re-
ceive, unemployment compensation for any week dur-
ing the applicable period, for the taxable year in 
which such week begins—
1140 
‘‘(A) such taxpayer shall be treated as an 
applicable taxpayer, and 
‘‘(B) there shall not be taken into account 
any household income of the taxpayer in excess 
of 133 percent of the poverty line for a family 
of the size involved. 
‘‘(2) APPLICABLE PERIOD.—For purposes of this 
section, the applicable period is the period that— 
‘‘(A) begins on the date of the enactment of 
this subsection, and 
‘‘(B) ends 60 days after the last day of the 
emergency 
period 
described 
in 
section 
1135(g)(1)(B) of the Social Security Act. 
‘‘(3) REASONABLE EVIDENCE OF UNEMPLOYMENT 
COMPENSATION.—For purposes of this subsection, a 
taxpayer shall not be treated as having received (or 
been approved to receive) unemployment compensa-
tion for any week unless such taxpayer provides docu-
mentation which demonstrates such receipt or ap-
proval. 
‘‘(4) UNEMPLOYMENT COMPENSATION.—For pur-
poses of this subsection, the term ‘unemployment com-
pensation’ has the meaning given such term in section 
1311(c)(8)(E) of the Patient Protection and Afford-
able Care Act.’’.
1141 
(b) EFFECTIVE DATE.—The amendments made by this 
section shall apply to taxable years beginning after Decem-
ber 31, 2019. 
SEC. 312. INCREASING ACCESSIBILITY AND AFFORDABILITY 
TO QUALIFIED HEALTH PLANS FOR INDIVID-
UALS 
RECEIVING 
UNEMPLOYMENT 
COM-
PENSATION DURING THE COVID–19 EMER-
GENCY PERIOD. 
(a) ESTABLISHMENT OF SPECIAL ENROLLMENT PERI-
ODS FOR INDIVIDUALS RECEIVING UNEMPLOYMENT COM-
PENSATION.—Section 1311(c) of the Patient Protection and 
Affordable Care Act (42 U.S.C. 18031(c)) is amended— 
(1) in paragraph (6)— 
(A) in subparagraph (C), by striking at the 
end ‘‘and’’; 
(B) in subparagraph (D), by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(E) special enrollment periods described in 
paragraph (8).’’; and 
(2) by adding at the end the following new para-
graph:
1142 
‘‘(8) SPECIAL ENROLLMENT PERIODS FOR INDI-
VIDUALS
RECEIVING
UNEMPLOYMENT
COMPENSA-
TION.— 
‘‘(A) IN GENERAL.—The special enrollment 
period described in this paragraph— 
‘‘(i) in the case of an individual who 
becomes eligible for unemployment com-
pensation on any date before January 1, 
2021, is the period beginning on the first 
day on or after such date that the indi-
vidual is not eligible for minimum essential 
coverage (as defined in section 5000A(f) of 
the Internal Revenue Code of 1986) and 
ending on the later of— 
‘‘(I) December 31, 2020; and 
‘‘(II) the day that is 60 days after 
such first day; and 
‘‘(ii) in the case of an individual who 
becomes eligible for unemployment com-
pensation beginning on any date that is on 
or after January 1, 2021, is the 60-day pe-
riod beginning on the first day on or after 
such date that the individual is not eligible 
for minimum essential coverage.
1143 
‘‘(B) SELF-ATTESTATION.—For purposes of 
this paragraph, eligibility of an individual for 
unemployment compensation and the date on 
which such eligibility begins shall be determined 
by the self-attestation of such individual. 
‘‘(C) EXCLUSION.—For purposes of this 
paragraph, an individual shall not be treated as 
eligible for minimum essential coverage if— 
‘‘(i) such individual is eligible only for 
coverage described in section 5000A(f)(1)(C) 
of the Internal Revenue Code of 1986; or 
‘‘(ii) such individual would not be 
treated as eligible for minimum essential 
coverage pursuant to section 36B(c)(2)(C) of 
such Code. 
‘‘(D) CLARIFICATION.—Nothing in subpara-
graph (A) shall be construed to prohibit an indi-
vidual described in such subparagraph from 
qualifying for multiple special enrollment peri-
ods under such subparagraph. 
‘‘(E) UNEMPLOYMENT
COMPENSATION
DE-
FINED.—In this paragraph, the term ‘unemploy-
ment compensation’ means, with respect to an 
individual—
1144 
‘‘(i) regular compensation and ex-
tended compensation (as such terms are de-
fined by section 205 of the Federal-State 
Extended Unemployment Compensation Act 
of 1970); 
‘‘(ii) unemployment compensation (as 
defined by section 85(b) of the Internal Rev-
enue Code of 1986) provided under any pro-
gram administered by a State under an 
agreement with the Secretary; 
‘‘(iii) pandemic unemployment assist-
ance under section 2102 of the CARES Act; 
‘‘(iv) pandemic emergency unemploy-
ment compensation under section 2107 of 
the CARES Act; 
‘‘(v) pandemic emergency unemploy-
ment extension compensation under section 
2107A of the CARES Act; 
‘‘(vi) unemployment benefits under the 
Railroad Unemployment Insurance Act; 
and 
‘‘(vii) 
trade 
adjustment 
assistance 
under title II of the Trade Act of 1974; 
for which such individual is eligible for any week 
during the period beginning on the first day of
1145 
the emergency period described in section 
1135(g)(1)(B) of the Social Security Act and 
ending on December 31, 2021.’’. 
(b) REQUIREMENT FOR FIRST DAY OF COVERAGE FOR 
INDIVIDUALS RECEIVING UNEMPLOYMENT COMPENSATION 
ENROLLING DURING SPECIAL ENROLLMENT PERIODS.— 
Section 1303 of the Patient Protection and Affordable Care 
Act (42 U.S.C. 18023) is amended by adding at the end 
the following new subsection: 
‘‘(e) REQUIREMENT FOR FIRST DAY OF COVERAGE 
FOR INDIVIDUALS RECEIVING UNEMPLOYMENT COMPENSA-
TION ENROLLING DURING SPECIAL ENROLLMENT PERI-
ODS.— 
‘‘(1) IN GENERAL.—In the case of an individual 
described in section 1311(c)(8)(A) who enrolls in a 
qualified health plan through an Exchange during a 
month during a special enrollment period described 
in such section, such coverage shall be effective begin-
ning on— 
‘‘(A) if such individual was enrolled in 
minimum essential coverage (other than the 
qualified health plan enrolled through such a 
special enrollment period) on the first day of 
such month, the first day of such month on 
which the individual is longer so enrolled; and
1146 
‘‘(B) if such individual was not enrolled in 
minimum essential coverage (other than the 
qualified health plan enrolled through such a 
special enrollment period) on the first day of 
such month, the first day of such month. 
‘‘(2) 
MINIMUM
ESSENTIAL
COVERAGE
DE-
FINED.—In this subsection, the term ‘minimum essen-
tial coverage’ has the meaning given such term in sec-
tion 5000A(f) of the Internal Revenue Code of 1986.’’. 
(c) MODEL NOTICE AND PUBLICATION OF INFORMA-
TION RELATING TO SPECIAL ENROLLMENT PERIODS AND 
CREDITS
FOR INDIVIDUALS RECEIVING UNEMPLOYMENT 
COMPENSATION.— 
(1) MODEL NOTICE.—The Secretary of Health 
and Human Services shall make available to States 
a model notice (which may be sent by mail, email, or 
electronic means upon the receipt of unemployment 
compensation (as defined in subparagraph (D) of sec-
tion 1311(c)(8) of the Patient Protection and Afford-
able Care Act, as added by subsection (a)) that in-
cludes information with respect to the eligibility of 
individuals described in subparagraph (A) of such 
section— 
(A) to enroll in a qualified health plan of-
fered through an Exchange during a special en-
1149 
‘‘If the household income (expressed as a percent of 
poverty line) is: 
The applicable dollar 
amount is: 
At least 550% but less than 600% ...............................
$2,650 
The dollar amounts in the table contained 
under this clause shall be increased under 
clause (ii) for taxable years beginning cal-
endar year 2021 by substituting ‘calendar 
year 2020’ for ‘calendar year 2013’ in sub-
clause (II) thereof.’’. 
(b) EFFECTIVE DATE.—The amendment made by this 
section shall apply to taxable years beginning after Decem-
ber 31, 2019. 
SEC. 314. REQUIREMENTS FOR COBRA NOTICES RELATING 
TO THE AVAILABILITY OF HEALTH INSUR-
ANCE COVERAGE AND ASSISTANCE. 
(a) ADDITIONAL NOTIFICATION REQUIREMENT
FOR 
COBRA NOTICES.— 
(1) IN GENERAL.—In the case of a notice pro-
vided under section 606(a)(4) of the Employee Retire-
ment Income Security Act of 1974 (29 U.S.C. 
1166(4)), section 4980B(f)(6)(D) of the Internal Rev-
enue Code of 1986, or section 2206(4) of the Public 
Health Service Act (42 U.S.C. 300bb–6(4)), with re-
spect to an individual who, during the period de-
scribed in paragraph (2), becomes entitled to elect 
COBRA continuation coverage, the requirements of
1150 
such provisions shall not be treated as met unless such 
notice includes an additional written notice advising 
such individual, in clear and understandable lan-
guage— 
(A) that such individual may be eligible 
for— 
(i) a special enrollment period de-
scribed in section 1311(c)(8)(A) of the Pa-
tient Protection and Affordable Care Act; 
and 
(ii) a premium tax credit under sec-
tion 36B of the Internal Revenue Code of 
1986 (including a possible increase to such 
credit by reason of subsection (g) of such 
section); and 
(B) of the existence and potential effects of 
the temporary modification of limitations on 
reconciliation of such credits under section 
36B(f)(2)(B)(iii) of such Code. 
(2) PERIOD DESCRIBED.—For purposes of para-
graph (1), the period described in this paragraph is 
the period that— 
(A) begins 14 days after the date of the en-
actment of this Act; and
1151 
(B) ends 60 days after the last day of the 
emergency 
period 
described 
in 
section 
1135(g)(1)(B) of the Social Security Act (42 
U.S.C. 1320b–5(g)(1)(B)). 
(3) FORM.—The requirement of the additional 
notification under this subsection may be met by 
amendment of existing notice forms or by inclusion of 
a separate document with the notice otherwise re-
quired. 
(4) MODEL NOTICES.—Not later than 14 days 
after the date of enactment of this Act, with respect 
to any individual described in paragraph (1), the 
Secretary of Labor, in consultation with the Secretary 
of the Treasury and the Secretary of Health and 
Human Services, shall prescribe models for the addi-
tional notification required under this subsection. 
Such models shall include an estimate of the amount 
of the monthly premium of a silver-level qualified 
health plan offered through an Exchange following the 
application of tax credits under section 36B of the In-
ternal Revenue Code of 1986 for the average indi-
vidual eligible for the special enrollment period de-
scribed in paragraph (1)(A)(i). 
(b) OUTREACH BY THE SECRETARY OF LABOR.—The 
Secretary of Labor, in consultation with the Secretary of
1152 
the Treasury and the Secretary of Health and Human Serv-
ices, shall provide outreach consisting of public education 
and enrollment assistance relating to premium assistance, 
special enrollment periods, and reconciliation modifications 
described in subsection (a)(1). Such outreach shall target 
employers, group health plan administrators, public assist-
ance programs, States, consumers, and other entities as de-
termined appropriate by such Secretaries. Information on 
such premium assistance, special enrollment periods, and 
reconciliation modifications shall also be made available on 
the websites of the Departments of Labor, Treasury, and 
Health and Human Services. 
(c) DEFINITIONS.—In this section: 
(1) COBRA 
CONTINUATION
COVERAGE.—The 
term ‘‘COBRA continuation coverage’’ means con-
tinuation coverage provided pursuant to part 6 of 
subtitle B of title I of the Employee Retirement In-
come Security Act of 1974 (other than under section 
609), title XXII of the Public Health Service Act, or 
section 4980B of the Internal Revenue Code of 1986 
(other than subsection (f)(1) of such section insofar as 
it relates to pediatric vaccines), or under a State pro-
gram that provides comparable continuation coverage. 
Such term does not include coverage under a health 
flexible spending arrangement under a cafeteria plan
1153 
within the meaning of section 125 of the Internal 
Revenue Code of 1986. 
(2) EXCHANGE.—The term ‘‘Exchange’’ means 
an American Health Benefit Exchange established 
under section 1311 of the Patient Protection and Af-
fordable Care Act. 
(3) GROUP
HEALTH
PLAN.—The term ‘‘group 
health plan’’ has the meaning given such term in sec-
tion 607(1) of the Employee Retirement Income Secu-
rity Act of 1974. 
(4) 
QUALIFIED
HEALTH
PLAN.—The 
term 
‘‘qualified health plan’’ has the meaning given such 
term in section 1301(a)(1) of the Patient Protection 
and Affordable Care Act. 
(5) STATE.—The term ‘‘State’’ includes the Dis-
trict of Columbia, the Commonwealth of Puerto Rico, 
the Virgin Islands, Guam, American Samoa, and the 
Commonwealth of the Northern Mariana Islands. 
(6) UNEMPLOYMENT COMPENSATION.—The term 
‘‘unemployment compensation’’ means, with respect to 
an individual— 
(A) regular compensation and extended 
compensation (as such terms are defined by sec-
tion 205 of the Federal-State Extended Unem-
ployment Compensation Act of 1970);
1154 
(B) unemployment compensation (as de-
fined by section 85(b) of the Internal Revenue 
Code of 1986) provided under any program ad-
ministered by a State under an agreement with 
the Secretary; 
(C) pandemic unemployment assistance 
under section 2102 of the CARES Act; 
(D) pandemic emergency unemployment 
compensation under section 2107 of the CARES 
Act; 
(E) unemployment benefits under the Rail-
road Unemployment Insurance Act; and 
(F) trade adjustment assistance under title 
II of the Trade Act of 1974; 
for which such individual is eligible for any week 
during the period described in subsection (a)(2). 
TITLE IV—APPLICATION TO 
OTHER HEALTH PROGRAMS 
SEC. 401. PROHIBITION ON COPAYMENTS AND COST SHAR-
ING FOR TRICARE BENEFICIARIES RECEIVING 
COVID–19 TREATMENT. 
(a) IN GENERAL.—Section 6006(a) of the Families 
First Coronavirus Response Act (Public Law 116–127; 38 
U.S.C. 1074 note) is amended by striking ‘‘or visits de-
scribed in paragraph (2) of such section’’ and inserting ‘‘,
1155 
visits described in paragraph (2) of such section, or medical 
care to treat COVID–19’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall apply with respect to medical care fur-
nished on or after the date of the enactment of this Act. 
SEC. 402. PROHIBITION ON COPAYMENTS AND COST SHAR-
ING FOR VETERANS RECEIVING COVID–19 
TREATMENT FURNISHED BY DEPARTMENT OF 
VETERANS AFFAIRS. 
(a) IN GENERAL.—Section 6006(b) of the Families 
First Coronavirus Response Act (Public Law 116–127; 38 
U.S.C. 1701 note) is amended by striking ‘‘or visits de-
scribed in paragraph (2) of such section’’ and inserting ‘‘, 
visits described in paragraph (2) of such section, or hospital 
care or medical services to treat COVID–19’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall apply with respect to hospital care and 
medical services furnished on or after the date of the enact-
ment of this Act. 
SEC. 403. PROHIBITION ON COPAYMENTS AND COST SHAR-
ING FOR FEDERAL CIVILIAN EMPLOYEES RE-
CEIVING COVID–19 TREATMENT. 
(a) IN GENERAL.—Section 6006(c) of the Families 
First Coronavirus Response Act (Public Law 116–127; 5 
U.S.C. 8904 note) is amended by striking ‘‘or visits de-
1156 
scribed in paragraph (2) of such section’’ and inserting ‘‘, 
visits described in paragraph (2) of such section, or hospital 
care or medical services to treat COVID–19’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall apply with respect to hospital care and 
medical services furnished on or after the date of the enact-
ment of this Act. 
TITLE V—PUBLIC HEALTH 
POLICIES 
SEC. 501. DEFINITIONS. 
In this title: 
(1) Except as inconsistent with the provisions of 
this title, the term ‘‘Secretary’’ means the Secretary 
of Health and Human Services. 
(2) The term ‘‘State’’ refers to each of the 50 
States and the District of Columbia. 
(3) The term ‘‘Tribal’’, with respect to a depart-
ment of health (or health department), includes— 
(A) Indian Tribes that— 
(i) are operating one or more health 
facilities pursuant to an agreement under 
the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5301 et 
seq.); or
1157 
(ii) receive services from a facility op-
erated by the Indian Health Services; and 
(B) Tribal organizations and Urban Indian 
organizations. 
Subtitle A—Supply Chain 
Improvements 
SEC. 511. MEDICAL SUPPLIES RESPONSE COORDINATOR. 
(a) IN GENERAL.—The President shall appoint a Med-
ical Supplies Response Coordinator to coordinate the efforts 
of the Federal Government regarding the supply and dis-
tribution of critical medical supplies and equipment related 
to detecting, diagnosing, preventing, and treating COVID– 
19, including personal protective equipment, medical de-
vices, drugs, and vaccines. 
(b) QUALIFICATIONS.—To qualify to be appointed as 
the Medical Supplies Response Coordinator, an individual 
shall be a senior government official with— 
(1) health care training, including training re-
lated to infectious diseases or hazardous exposures; 
and 
(2) a familiarity with medical supply chain lo-
gistics. 
(c) ACTIVITIES.—The Medical Supplies Response Co-
ordinator shall—
1158 
(1) consult with State, local, territorial, and 
Tribal officials to ensure that health care facilities 
and health care workers have sufficient personal pro-
tective equipment and other medical supplies; 
(2) evaluate ongoing needs of States, localities, 
territories, Tribes, health care facilities, and health 
care workers to determine the need for critical med-
ical supplies and equipment; 
(3) serve as a point of contact for industry for 
procurement and distribution of critical medical sup-
plies and equipment, including personal protective 
equipment, medical devices, testing supplies, drugs, 
and vaccines; 
(4) procure and distribute critical medical sup-
plies and equipment, including personal protective 
equipment, medical devices, testing supplies, drugs, 
and vaccines; 
(5)(A) establish and maintain an up-to-date na-
tional database of hospital capacity, including beds, 
ventilators, and supplies, including personal protec-
tive equipment, medical devices, drugs, and vaccines; 
and 
(B) provide weekly reports to the Congress on 
gaps in such capacity and progress made toward clos-
ing the gaps;
1159 
(6) require, as necessary, industry reporting on 
production and distribution of personal protective 
equipment, medical devices, testing supplies, drugs, 
and vaccines and assess financial penalties as may be 
specified by the Medical Supplies Response Coordi-
nator for failure to comply with such requirements for 
reporting on production and distribution; 
(7) consult with the Secretary and the Adminis-
trator of the Federal Emergency Management Agency, 
as applicable, to ensure sufficient production levels 
under the Defense Production Act of 1950 (50 U.S.C. 
4501 et seq.); and 
(8) monitor the prices of critical medical sup-
plies and equipment, including personal protective 
equipment and medical devices, drugs, and vaccines 
related to detecting, diagnosing, preventing, and 
treating COVID–19 and report any suspected price 
gouging of such materials to the Federal Trade Com-
mission and appropriate law enforcement officials. 
SEC. 512. INFORMATION TO BE INCLUDED IN LIST OF DE-
VICES DETERMINED TO BE IN SHORTAGE. 
Section 506J(g)(2)(A) of the Federal Food, Drug, and 
Cosmetic Act, as added by section 3121 of the CARES Act 
(Public Law 116–136), is amended by inserting ‘‘, includ-
1160 
ing the device identifier or national product code for such 
device, if applicable’’ before the period at the end. 
SEC. 513. EXTENDED SHELF LIFE DATES FOR ESSENTIAL 
DEVICES. 
(a) IN GENERAL.—The Federal Food, Drug, and Cos-
metic Act is amended by inserting after section 506J (21 
U.S.C. 356j) the following: 
‘‘SEC. 506K. EXTENDED SHELF LIFE DATES FOR ESSENTIAL 
DEVICES. 
‘‘(a) IN GENERAL.—A manufacturer of a device subject 
to notification requirements under section 506J (in this sec-
tion referred to as an ‘essential device’) shall— 
‘‘(1) submit to the Secretary data and informa-
tion as required by subsection (b)(1); 
‘‘(2) conduct and submit the results of any stud-
ies required under subsection (b)(3); and 
‘‘(3) make any labeling change described in sub-
section (c) by the date specified by the Secretary pur-
suant to such subsection. 
‘‘(b) NOTIFICATION.— 
‘‘(1) IN GENERAL.—The Secretary may issue an 
order requiring the manufacturer of any essential de-
vice to submit, in such manner as the Secretary may 
prescribe, data and information from any stage of de-
velopment of the device (including pilot, investiga-
1161 
tional, and final product validation) that are ade-
quate to assess the shelf life of the device to determine 
the longest supported expiration date. 
‘‘(2) UNAVAILABLE OR INSUFFICIENT DATA AND 
INFORMATION.—If the data and information referred 
to in paragraph (1) are not available or are insuffi-
cient, the Secretary may require the manufacturer of 
the device to— 
‘‘(A) conduct studies adequate to provide the 
data and information; and 
‘‘(B) submit to the Secretary the results, 
data, and information generated by such studies 
when available. 
‘‘(c) LABELING.—The Secretary may issue an order re-
quiring the manufacturer of an essential device to make by 
a specified date any labeling change regarding the expira-
tion period that the Secretary determines to be appropriate 
based on the data and information required to be submitted 
under this section or any other data and information avail-
able to the Secretary. 
‘‘(d) CONFIDENTIALITY.—Nothing in this section shall 
be construed as authorizing the Secretary to disclose any 
information that is a trade secret or confidential informa-
tion subject to section 552(b)(4) of title 5, United States 
Code, or section 1905 of title 18, United States Code.’’.
1162 
(b) CIVIL MONETARY PENALTY.—Section 303(f) of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333(f)) 
is amended by adding at the end the following: 
‘‘(10) CIVIL MONETARY PENALTY WITH RESPECT TO 
EXTENDED SHELF LIFE DATES
FOR ESSENTIAL DE-
VICES.—If the manufacturer of a device subject to notifica-
tion requirements under section 506J violates section 506K 
by failing to submit data and information as required 
under section 506K(b)(1), failing to conduct or submit the 
results of studies as required under section 506K(b)(3), or 
failing to make a labeling change as required under section 
506K(c), such manufacturer shall be liable to the United 
States for a civil penalty in an amount not to exceed 
$10,000 for each such violation.’’. 
(c) EMERGENCY USE ELIGIBLE PRODUCTS.—Sub-
paragraph (A) of section 564A(a)(1) of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 360bbb–3a(a)(1)) is 
amended to read as follows: 
‘‘(A) is approved or cleared under this 
chapter, otherwise listed as a device pursuant to 
section 510(j), conditionally approved under sec-
tion 571, or licensed under section 351 of the 
Public Health Service Act;’’.
1163 
SEC. 514. AUTHORITY TO DESTROY COUNTERFEIT DEVICES. 
(a) IN GENERAL.—Section 801(a) of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 381(a)) is amended— 
(1) in the fourth sentence, by inserting ‘‘or coun-
terfeit device’’ after ‘‘counterfeit drug’’; and 
(2) by striking ‘‘The Secretary of the Treasury 
shall cause the destruction of’’ and all that follows 
through ‘‘liable for costs pursuant to subsection (c).’’ 
and inserting the following: ‘‘The Secretary of the 
Treasury shall cause the destruction of any such arti-
cle refused admission unless such article is exported, 
under regulations prescribed by the Secretary of the 
Treasury, within 90 days of the date of notice of such 
refusal or within such additional time as may be per-
mitted pursuant to such regulations, except that the 
Secretary of Health and Human Services may de-
stroy, without the opportunity for export, any drug or 
device refused admission under this section, if such 
drug or device is valued at an amount that is $2,500 
or less (or such higher amount as the Secretary of the 
Treasury may set by regulation pursuant to section 
498(a)(1) of the Tariff Act of 1930 (19 U.S.C. 
1498(a)(1))) and was not brought into compliance as 
described under subsection (b). The Secretary of 
Health and Human Services shall issue regulations 
providing for notice and an opportunity to appear
1164 
before the Secretary of Health and Human Services 
and introduce testimony, as described in the first sen-
tence of this subsection, on destruction of a drug or 
device under the seventh sentence of this subsection. 
The regulations shall provide that prior to destruc-
tion, appropriate due process is available to the 
owner or consignee seeking to challenge the decision to 
destroy the drug or device. Where the Secretary of 
Health and Human Services provides notice and an 
opportunity to appear and introduce testimony on 
the destruction of a drug or device, the Secretary of 
Health and Human Services shall store and, as ap-
plicable, dispose of the drug or device after the 
issuance of the notice, except that the owner and con-
signee shall remain liable for costs pursuant to sub-
section (c).’’. 
(b) DEFINITION.—Section 201(h) of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 321(h)) is amended— 
(1) by redesignating subparagraphs (1), (2), and 
(3) as clauses (A), (B), and (C), respectively; and 
(2) after making such redesignations— 
(A) by striking ‘‘(h) The term’’ and insert-
ing ‘‘(h)(1) The term’’; and 
(B) by adding at the end the following:
1165 
‘‘(2) The term ‘counterfeit device’ means a device 
which, or the container, packaging, or labeling of which, 
without authorization, bears a trademark, trade name, or 
other identifying mark, imprint, or symbol, or any likeness 
thereof, or is manufactured using a design, of a device man-
ufacturer, packer, or distributor other than the person or 
persons who in fact manufactured, packed, or distributed 
such device and which thereby falsely purports or is rep-
resented to be the product of, or to have been packed or dis-
tributed by, such other device manufacturer, packer, or dis-
tributor. 
‘‘(3) For purposes of subparagraph (2)— 
‘‘(A) the term ‘manufactured’ refers to any of the 
following activities: manufacture, preparation, propa-
gation, compounding, assembly, or processing; and 
‘‘(B) the term ‘manufacturer’ means a person 
who is engaged in any of the activities listed in clause 
(A).’’. 
SEC. 515. REPORTING REQUIREMENT FOR DRUG MANUFAC-
TURERS. 
(a) ESTABLISHMENTS IN A FOREIGN COUNTRY.—Sec-
tion 510(i) of the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 360(i)) is amended by inserting at the end the 
following new paragraph:
1166 
‘‘(5) The requirements of paragraphs (1) and (2) shall 
apply to establishments within a foreign country engaged 
in 
the 
manufacture, 
preparation, 
propagation, 
compounding, or processing of any drug, including the ac-
tive pharmaceutical ingredient, that is required to be listed 
pursuant to subsection (j). Such requirements shall apply 
regardless of whether the drug or active pharmaceutical in-
gredient undergoes further manufacture, preparation, prop-
agation, compounding, or processing at a separate estab-
lishment or establishments outside the United States prior 
to being imported or offered for import into the United 
States.’’. 
(b) LISTING OF DRUGS.—Section 510(j)(1) of the Fed-
eral Food, Drug, and Cosmetic Act (21 U.S.C. 360(j)(1)) 
is amended— 
(1) in subparagraph (D), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (E), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(F) in the case of a drug contained in the ap-
plicable list, a certification that the registrant has—
1167 
‘‘(i) identified every other establishment 
where manufacturing is performed for the drug; 
and 
‘‘(ii) notified each known foreign establish-
ment engaged in the manufacture, preparation, 
propagation, compounding, or processing of the 
drug, including the active pharmaceutical ingre-
dient, of the inclusion of the drug in the list and 
the obligation to register.’’. 
(c) QUARTERLY REPORTING ON AMOUNT OF DRUGS 
MANUFACTURED.—Section 510(j)(3)(A) of the Federal 
Food, Drug, and Cosmetic Act (as added by section 3112 
of the CARES Act (Public Law 116–136)) is amended by 
striking ‘‘annually’’ and inserting ‘‘once during the month 
of March of each year, once during the month of June of 
each year, once during the month of September of each year, 
and once during the month of December of each year’’. 
SEC. 516. RECOMMENDATIONS TO ENCOURAGE DOMESTIC 
MANUFACTURING OF CRITICAL DRUGS. 
(a) IN GENERAL.—Not later than 14 days after the 
date of enactment of this Act, the Secretary shall enter into 
an agreement with the National Academies of Sciences, En-
gineering, and Medicine (referred to in this section as the 
‘‘National Academies’’) under which, not later than 90 days
1168 
after the date of entering into the agreement, the National 
Academies will— 
(1) establish a committee of experts who are 
knowledgeable about drug and device supply issues, 
including— 
(A) sourcing and production of critical 
drugs and devices; 
(B) sourcing and production of active phar-
maceutical ingredients in critical drugs; 
(C) the raw materials and other components 
for critical drugs and devices; and 
(D) the public health and national security 
implications of the current supply chain for crit-
ical drugs and devices; 
(2) convene a public symposium to— 
(A) analyze the impact of United States de-
pendence on the foreign manufacturing of crit-
ical drugs and devices on patient access and 
care, including in hospitals and intensive care 
units; and 
(B) recommend strategies to end United 
States dependence on foreign manufacturing to 
ensure the United States has a diverse and vital 
supply chain for critical drugs and devices to
1169 
protect the Nation from natural or hostile occur-
rences; and 
(3) submit a report on the symposium’s pro-
ceedings to the Congress and publish a summary of 
such proceedings on the public website of the National 
Academies. 
(b) SYMPOSIUM.—In carrying out the agreement under 
subsection (a), the National Academies shall consult with— 
(1) the Department of Health and Human Serv-
ices, the Department of Homeland Security, the De-
partment of Defense, the Department of Commerce, 
the Department of State, the Department of Veterans 
Affairs, the Department of Justice, and any other 
Federal agencies as appropriate; and 
(2) relevant stakeholders, including drug and de-
vice manufacturers, health care providers, medical 
professional societies, State-based societies, public 
health experts, State and local public health depart-
ments, State medical boards, patient groups, health 
care distributors, wholesalers and group purchasing 
organizations, pharmacists, and other entities with 
experience in health care and public health, as appro-
priate. 
(c) DEFINITIONS.—For the purposes of this section: 
(1) The term ‘‘critical’’—
1170 
(A) with respect to a device, refers to a de-
vice classified by the Food and Drug Adminis-
tration as implantable, life-saving, and life-sus-
taining; or 
(B) with respect to a drug, refers to a drug 
that is described in subsection (a) of section 
506C of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 356c) (relating to notification of 
any discontinuance or interruption in the pro-
duction of life-saving drugs). 
(2) The terms ‘‘device’’ and ‘‘drug’’ have the 
meanings given to those terms in section 201 of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
321). 
SEC. 517. FAILURE TO NOTIFY OF A PERMANENT DIS-
CONTINUANCE OR AN INTERRUPTION. 
Section 301 of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 331) is amended by adding at the end the 
following: 
‘‘(fff) The failure of a manufacturer of a drug described 
in section 506C(a) or an active pharmaceutical ingredient 
of such a drug, without a reasonable basis as determined 
by the Secretary, to notify the Secretary of a permanent 
discontinuance or an interruption, and the reasons for such
1171 
discontinuance or interruption, as required by section 
506C.’’. 
SEC. 518. FAILURE TO DEVELOP RISK MANAGEMENT PLAN. 
Section 301 of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 331), as amended by section 517, is further 
amended by adding at the end the following: 
‘‘(ggg) The failure to develop, maintain, and imple-
ment a risk management plan, as required by section 
506C(j).’’. 
SEC. 519. NATIONAL CENTERS OF EXCELLENCE IN CONTIN-
UOUS PHARMACEUTICAL MANUFACTURING. 
(a) IN GENERAL.—Section 3016 of the 21st Century 
Cures Act (21 U.S.C. 399h) is amended to read as follows: 
‘‘SEC. 3016. NATIONAL CENTERS OF EXCELLENCE IN CON-
TINUOUS 
PHARMACEUTICAL 
MANUFAC-
TURING. 
‘‘(a) IN GENERAL.—The Secretary of Health and 
Human Services, acting through the Commissioner of Food 
and Drugs— 
‘‘(1) shall solicit and, beginning not later than 
1 year after the date of enactment of the Investing in 
America’s Health Care During the COVID–19 Pan-
demic Act receive requests from institutions of higher 
education to be designated as a National Center of 
Excellence in Continuous Pharmaceutical Manufac-
1172 
turing (in this section referred to as a ‘National Cen-
ter of Excellence’) to support the advancement and de-
velopment of continuous manufacturing; and 
‘‘(2) shall so designate any institution of higher 
education that— 
‘‘(A) requests such designation; and 
‘‘(B) meets the criteria specified in sub-
section (c). 
‘‘(b) REQUEST FOR DESIGNATION.—A request for des-
ignation under subsection (a) shall be made to the Secretary 
at such time, in such manner, and containing such infor-
mation as the Secretary may require. Any such request 
shall include a description of how the institution of higher 
education meets or plans to meet each of the criteria speci-
fied in subsection (c). 
‘‘(c) CRITERIA FOR DESIGNATION DESCRIBED.—The 
criteria specified in this subsection with respect to an insti-
tution of higher education are that the institution has, as 
of the date of the submission of a request under subsection 
(a) by such institution— 
‘‘(1) physical and technical capacity for research 
and development of continuous manufacturing; 
‘‘(2) manufacturing knowledge-sharing networks 
with other institutions of higher education, large and 
small pharmaceutical manufacturers, generic and
1173 
nonprescription manufacturers, contract manufactur-
ers, and other entities; 
‘‘(3) proven capacity to design and demonstrate 
new, highly effective technology for use in continuous 
manufacturing; 
‘‘(4) a track record for creating and transferring 
knowledge with respect to continuous manufacturing; 
‘‘(5) the potential to train a future workforce for 
research on and implementation of advanced manu-
facturing and continuous manufacturing; and 
‘‘(6) experience in participating in and leading 
a continuous manufacturing technology partnership 
with other institutions of higher education, large and 
small pharmaceutical manufacturers (including ge-
neric and nonprescription drug manufacturers), con-
tract manufacturers, and other entities— 
‘‘(A) to support companies with continuous 
manufacturing in the United States; 
‘‘(B) to support Federal agencies with tech-
nical assistance, which may include regulatory 
and quality metric guidance as applicable, for 
advanced manufacturing and continuous manu-
facturing; 
‘‘(C) with respect to continuous manufac-
turing, to organize and conduct research and de-
1174 
velopment activities needed to create new and 
more effective technology, capture and dissemi-
nate expertise, create intellectual property, and 
maintain technological leadership; 
‘‘(D) to develop best practices for designing 
continuous manufacturing; and 
‘‘(E) to assess and respond to the workforce 
needs for continuous manufacturing, including 
the development of training programs if needed. 
‘‘(d) TERMINATION OF DESIGNATION.—The Secretary 
may terminate the designation of any National Center of 
Excellence designated under this section if the Secretary de-
termines such National Center of Excellence no longer meets 
the criteria specified in subsection (c). Not later than 60 
days before the effective date of such a termination, the Sec-
retary shall provide written notice to the National Center 
of Excellence, including the rationale for such termination. 
‘‘(e) CONDITIONS FOR DESIGNATION.—As a condition 
of designation as a National Center of Excellence under this 
section, the Secretary shall require that an institution of 
higher education enter into an agreement with the Sec-
retary under which the institution agrees— 
‘‘(1) to collaborate directly with the Food and 
Drug Administration to publish the reports required 
by subsection (g);
1175 
‘‘(2) to share data with the Food and Drug Ad-
ministration regarding best practices and research 
generated through the funding under subsection (f); 
‘‘(3) to develop, along with industry partners 
(which may include large and small biopharma-
ceutical manufacturers, generic and nonprescription 
manufacturers, and contract manufacturers) and an-
other institution or institutions designated under this 
section, if any, a roadmap for developing a contin-
uous manufacturing workforce; 
‘‘(4) to develop, along with industry partners 
and other institutions designated under this section, 
a roadmap for strengthening existing, and developing 
new, relationships with other institutions; and 
‘‘(5) to provide an annual report to the Food 
and Drug Administration regarding the institution’s 
activities under this section, including a description 
of how the institution continues to meet and make 
progress on the criteria listed in subsection (c). 
‘‘(f) FUNDING.— 
‘‘(1) IN GENERAL.—The Secretary shall award 
funding, through grants, contracts, or cooperative 
agreements, to the National Centers of Excellence des-
ignated under this section for the purpose of studying 
and recommending improvements to continuous man-
1176 
ufacturing, including such improvements as may en-
able the Centers— 
‘‘(A) to continue to meet the conditions 
specified in subsection (e); and 
‘‘(B) to expand capacity for research on, 
and development of, continuing manufacturing. 
‘‘(2) CONSISTENCY
WITH
FDA
MISSION.—As a 
condition on receipt of funding under this subsection, 
a National Center of Excellence shall agree to consider 
any input from the Secretary regarding the use of 
funding that would— 
‘‘(A) help to further the advancement of con-
tinuous manufacturing through the National 
Center of Excellence; and 
‘‘(B) be relevant to the mission of the Food 
and Drug Administration. 
‘‘(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to carry out 
this subsection $100,000,000, to remain available 
until expended. 
‘‘(4) RULE OF CONSTRUCTION.—Nothing in this 
section shall be construed as precluding a National 
Center for Excellence designated under this section 
from receiving funds under any other provision of 
this Act or any other Federal law.
1177 
‘‘(g) ANNUAL REVIEW AND REPORTS.— 
‘‘(1) ANNUAL
REPORT.—Beginning not later 
than 1 year after the date on which the first designa-
tion is made under subsection (a), and annually 
thereafter, the Secretary shall— 
‘‘(A) submit to Congress a report describing 
the activities, partnerships and collaborations, 
Federal policy recommendations, previous and 
continuing funding, and findings of, and any 
other applicable information from, the National 
Centers of Excellence designated under this sec-
tion; and 
‘‘(B) make such report available to the pub-
lic in an easily accessible electronic format on 
the website of the Food and Drug Administra-
tion. 
‘‘(2) REVIEW OF NATIONAL CENTERS OF EXCEL-
LENCE AND POTENTIAL DESIGNEES.—The Secretary 
shall periodically review the National Centers of Ex-
cellence designated under this section to ensure that 
such National Centers of Excellence continue to meet 
the criteria for designation under this section. 
‘‘(3) REPORT
ON
LONG-TERM
VISION
OF
FDA 
ROLE.—Not later than 2 years after the date on 
which the first designation is made under subsection
1178 
(a), the Secretary, in consultation with the National 
Centers of Excellence designated under this section, 
shall submit a report to the Congress on the long-term 
vision of the Department of Health and Human Serv-
ices on the role of the Food and Drug Administration 
in supporting continuous manufacturing, including— 
‘‘(A) a national framework of principles re-
lated to the implementation and regulation of 
continuous manufacturing; 
‘‘(B) a plan for the development of Federal 
regulations and guidance for how advanced 
manufacturing and continuous manufacturing 
can be incorporated into the development of 
pharmaceuticals and regulatory responsibilities 
of the Food and Drug Administration; and 
‘‘(C) appropriate feedback solicited from the 
public, which may include other institutions, 
large and small biopharmaceutical manufactur-
ers, generic and nonprescription manufacturers, 
and contract manufacturers. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) ADVANCED
MANUFACTURING.—The term 
‘advanced manufacturing’ means an approach for the 
manufacturing of pharmaceuticals that incorporates 
novel technology, or uses an established technique or
1179 
technology in a new or innovative way (such as con-
tinuous manufacturing where the input materials are 
continuously transformed within the process by two 
or more unit operations) that enhances drug quality 
or improves the manufacturing process. 
‘‘(2) CONTINUOUS MANUFACTURING.—The term 
‘continuous manufacturing’— 
‘‘(A) means a process where the input mate-
rials are continuously fed into and transformed 
within the process, and the processed output ma-
terials are continuously removed from the sys-
tem; and 
‘‘(B) consists of an integrated process that 
consists of a series of two or more unit oper-
ations. 
‘‘(3) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘institution of higher education’ has the meaning 
given such term in section 101(a) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1001(a)). 
‘‘(4) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Health and Human Services, acting 
through the Commissioner of Food and Drugs.’’. 
(b) TRANSITION RULE.—Section 3016 of the 21st Cen-
tury Cures Act (21 U.S.C. 399h), as in effect on the day 
before the date of the enactment of this section, shall apply
1180 
with respect to grants awarded under such section before 
such date of enactment. 
Subtitle B—Strategic National 
Stockpile Improvements 
SEC. 531. EQUIPMENT MAINTENANCE. 
Section 319F–2 of the Public Health Service Act (42 
U.S.C. 247d–6b) is amended— 
(1) in subsection (a)(3)— 
(A) in subparagraph (I), by striking ‘‘; 
and’’ and inserting a semicolon; 
(B) in subparagraph (J), by striking the 
period at the end and inserting a semicolon; and 
(C) by inserting the following new subpara-
graph at the end: 
‘‘(K) ensure the contents of the stockpile re-
main in good working order and, as appro-
priate, conduct maintenance services on such 
contents; and’’; and 
(2) in subsection (c)(7)(B), by adding at the end 
the following new clause: 
‘‘(ix) EQUIPMENT MAINTENANCE SERV-
ICE.—In carrying out this section, the Sec-
retary may enter into contracts for the pro-
curement of equipment maintenance serv-
ices.’’.
1181 
SEC. 532. SUPPLY CHAIN FLEXIBILITY MANUFACTURING 
PILOT. 
(a) IN GENERAL.—Section 319F–2(a)(3) of the Public 
Health Service Act (42 U.S.C. 247d–6b(a)(3)), as amended 
by section 531, is further amended by adding at the end 
the following new subparagraph: 
‘‘(L) enhance medical supply chain elas-
ticity and establish and maintain domestic re-
serves of critical medical supplies (including per-
sonal protective equipment, ancillary medical 
supplies, and other applicable supplies required 
for the administration of drugs, vaccines and 
other biological products, and other medical de-
vices (including diagnostic tests)) by— 
‘‘(i) increasing emergency stock of crit-
ical medical supplies; 
‘‘(ii) geographically diversifying pro-
duction of such medical supplies; 
‘‘(iii) purchasing, leasing, or entering 
into joint ventures with respect to facilities 
and equipment for the production of such 
medical supplies; and 
‘‘(iv) working with distributors of such 
medical supplies to manage the domestic re-
serves established under this subparagraph
1182 
by refreshing and replenishing stock of such 
medical supplies.’’. 
(b) REPORTING; SUNSET.—Section 319F–2(a) of the 
Public Health Service Act (42 U.S.C. 247d–6b(a)) is 
amended by adding at the end the following: 
‘‘(6) REPORTING.—Not later than September 30, 
2022, the Secretary shall submit to the Committee on 
Energy and Commerce of the House of Representa-
tives and the Committee on Health, Education, Labor 
and Pensions of the Senate a report on the details of 
each purchase, lease, or joint venture entered into 
under paragraph (3)(L), including the amount ex-
pended by the Secretary on each such purchase, lease, 
or joint venture. 
‘‘(7) SUNSET.—The authority to make purchases, 
leases, or joint ventures pursuant to paragraph (3)(L) 
shall cease to be effective on September 30, 2023.’’. 
(c) FUNDING.—Section 319F–2(f) of the Public Health 
Service Act (42 U.S.C. 247d–6b(f)) is amended by adding 
at the end the following: 
‘‘(3) SUPPLY CHAIN ELASTICITY.— 
‘‘(A) IN GENERAL.—For the purpose of car-
rying out subsection (a)(3)(L), there is author-
ized to be appropriated $500,000,000 for each of
1183 
fiscal years 2020 through 2023, to remain avail-
able until expended. 
‘‘(B) RELATION TO OTHER AMOUNTS.—The 
amount authorized to be appropriated by sub-
paragraph (A) for the purpose of carrying out 
subsection (a)(3)(L) is in addition to any other 
amounts available for such purpose.’’. 
SEC. 533. REIMBURSABLE TRANSFERS FROM STRATEGIC 
NATIONAL STOCKPILE. 
Section 319F–2(a) of the Public Health Service Act 
(42 U.S.C. 247d–6b(a)), as amended, is further amended 
by adding at the end the following: 
‘‘(8) TRANSFERS AND REIMBURSEMENTS.— 
‘‘(A) IN
GENERAL.—Without regard to 
chapter 5 of title 40, United States Code, the 
Secretary may transfer to any Federal depart-
ment or agency, on a reimbursable basis, any 
drugs, vaccines and other biological products, 
medical devices, and other supplies in the stock-
pile if— 
‘‘(i) the transferred supplies are less 
than 6 months from expiry; 
‘‘(ii) the stockpile is able to replenish 
the supplies, as appropriate; and
1184 
‘‘(iii) the Secretary decides the transfer 
is in the best interest of the United States 
Government. 
‘‘(B) USE
OF
REIMBURSEMENT.—Reim-
bursement derived from the transfer of supplies 
pursuant to subparagraph (A) may be used by 
the Secretary, without further appropriation and 
without fiscal year limitation, to carry out this 
section. 
‘‘(C) REPORT.—Not later than September 
30, 2022, the Secretary shall submit to the Com-
mittee on Energy and Commerce of the House of 
Representatives and the Committee on Health, 
Education, Labor and Pensions of the Senate a 
report on each transfer made under this para-
graph and the amount received by the Secretary 
in exchange for that transfer. 
‘‘(D) SUNSET.—The authority to make 
transfers under this paragraph shall cease to be 
effective on September 30, 2023.’’. 
SEC. 534. STRATEGIC NATIONAL STOCKPILE ACTION RE-
PORTING. 
(a) IN GENERAL.—The Assistant Secretary for Pre-
paredness and Response (in this section referred to as the 
‘‘Assistant Secretary’’), in coordination with the Adminis-
1185 
trator of the Federal Emergency Management Agency, 
shall— 
(1) not later than 30 days after the date of en-
actment of this Act, issue a report to the Committee 
on Energy and Commerce of the House of Representa-
tives and the Committee on Health, Education, Labor 
and Pensions of the Senate regarding all State, local, 
Tribal, and territorial requests for supplies from the 
Strategic National Stockpile related to COVID–19; 
and 
(2) not less than every 30 days thereafter through 
the end of the emergency period (as such term is de-
fined in section 1135(g)(1)(B) of the Social Security 
Act (42 U.S.C. 1320b–5(g)(1)(B))), submit to such 
committees an updated version of such report. 
(b) REPORTING PERIOD.— 
(1) INITIAL REPORT.—The initial report under 
subsection (a) shall address all requests described in 
such subsection made during the period— 
(A) beginning on January 31, 2020; and 
(B) ending on the date that is 30 days be-
fore the date of submission of the report. 
(2) UPDATES.—Each update to the report under 
subsection (a) shall address all requests described in 
such subsection made during the period—
1186 
(A) beginning at the end of the previous re-
porting period under this section; and 
(B) ending on the date that is 30 days be-
fore the date of submission of the updated report. 
(c) CONTENTS OF REPORT.—The report under sub-
section (a) (and updates thereto) shall include— 
(1) the details of each request described in such 
subsection, including— 
(A) the specific medical countermeasures, 
including devices such as personal protective 
equipment, and other materials requested; and 
(B) the amount of such materials requested; 
and 
(2) the outcomes of each request described in sub-
section (a), including— 
(A) whether the request was wholly fulfilled, 
partially fulfilled, or denied; 
(B) if the request was wholly or partially 
fulfilled, the fulfillment amount; and 
(C) if the request was partially fulfilled or 
denied, a rationale for such outcome. 
SEC. 535. IMPROVED, TRANSPARENT PROCESSES FOR THE 
STRATEGIC NATIONAL STOCKPILE. 
(a) IN GENERAL.—Not later than January 1, 2021, 
the Secretary, in collaboration with the Assistant Secretary
1187 
for Preparedness and Response and the Director of the Cen-
ters for Disease Control and Prevention, shall develop and 
implement improved, transparent processes for the use and 
distribution of drugs, vaccines and other biological prod-
ucts, medical devices, and other supplies (including per-
sonal protective equipment, ancillary medical supplies, and 
other applicable supplies required for the administration of 
drugs, vaccines and other biological products, diagnostic 
tests, and other medical devices ) in the Strategic National 
Stockpile under section 319F–2 of the Public Health Service 
Act (42 U.S.C. 247d–6b) (in this section referred to as the 
‘‘Stockpile’’). 
(b) PROCESSES.—The processes developed under sub-
section (a) shall include— 
(1) the form and manner in which States, local-
ities, Tribes, and territories are required to submit re-
quests for supplies from the Stockpile; 
(2) the criteria used by the Secretary in respond-
ing to such requests, including the reasons for ful-
filling or denying such requests; 
(3) what circumstances result in prioritization of 
distribution of supplies from the Stockpile to States, 
localities, Tribes, or territories; 
(4) clear plans for future, urgent communication 
between the Secretary and States, localities, Tribes,
1188 
and territories regarding the outcome of such requests; 
and 
(5) any differences in the processes developed 
under subsection (a) for geographically related emer-
gencies, such as weather events, and national emer-
gencies, such as pandemics. 
(c) REPORT TO CONGRESS.—Not later than January 
1, 2021, the Secretary shall— 
(1) submit a report to the Committee Energy 
and Commerce of the House of Representatives and 
the Committee on Health, Education, Labor and Pen-
sions of the Senate regarding the improved, trans-
parent processes developed under this section; and 
(2) include in such report recommendations for 
opportunities for communication (by telebriefing, 
phone calls, or in-person meetings) between the Sec-
retary and States, localities, Tribes, and territories 
regarding such improved, transparent processes. 
SEC. 536. GAO STUDY ON THE FEASIBILITY AND BENEFITS 
OF A STRATEGIC NATIONAL STOCKPILE USER 
FEE AGREEMENT. 
(a) IN GENERAL.— The Comptroller General of the 
United States shall conduct a study to investigate the feasi-
bility of establishing user fees to offset certain Federal costs 
attributable to the procurement of single-source materials
1189 
for the Strategic National Stockpile under section 319F– 
2 of the Public Health Service Act (42 U.S.C. 247d–6b) and 
distributions of such materials from the Stockpile. In con-
ducting this study, the Comptroller General shall consider, 
to the extent information is available— 
(1) whether entities receiving such distributions 
generate profits from those distributions; 
(2) any Federal costs attributable to such dis-
tributions; 
(3) whether such user fees would provide the Sec-
retary with funding to potentially offset procurement 
costs of such materials for the Strategic National 
Stockpile; and 
(4) any other issues the Comptroller General 
identifies as relevant. 
(b) REPORT.—Not later than February 1, 2023, the 
Comptroller General of the United States shall submit to 
the Congress a report on the findings and conclusions of 
the study under subsection (a). 
Subtitle C—Testing and Testing 
Infrastructure Improvements 
SEC. 541. COVID–19 TESTING STRATEGY. 
(a) STRATEGY.—Not later than 30 days after the date 
of the enactment of this Act, the Secretary shall update the 
COVID–19 strategic testing plan under the heading ‘‘De-
1190 
partment of Health and Human Services—Office of the 
Secretary—Public Health and Social Service Emergency 
Fund’’ in title I of division B of the Paycheck Protection 
Program and Health Care Enhancement Act (Public Law 
116–139, 134 Stat. 620, 626–627) and submit to the appro-
priate congressional committees such updated national plan 
identifying— 
(1) what level of, types of, and approaches to 
testing (including predicted numbers of tests, popu-
lations to be tested, and frequency of testing and the 
appropriate setting whether a health care setting 
(such as hospital-based, high-complexity laboratory, 
point-of-care, mobile testing units, pharmacies or 
community health centers) or non-health care setting 
(such as workplaces, schools, or child care centers)) 
are necessary— 
(A) to sufficiently monitor and contribute to 
the control of the transmission of SARS–CoV–2 
in the United States; 
(B) to ensure that any reduction in social 
distancing efforts, when determined appropriate 
by public health officials, can be undertaken in 
a manner that optimizes the health and safety of 
the people of the United States, and reduces dis-
parities (including disparities related to race,
1191 
ethnicity, sex, age, disability status, socio-
economic status, and geographic location) in the 
prevalence of, incidence of, and health outcomes 
with respect to, COVID–19; and 
(C) to provide for ongoing surveillance suf-
ficient to support contact tracing, case identi-
fication, quarantine, and isolation to prevent fu-
ture outbreaks of COVID–19; 
(2) specific plans and benchmarks, each with 
clear timelines, to ensure— 
(A) such level of, types of, and approaches 
to testing as are described in paragraph (1), 
with respect to optimizing health and safety; 
(B) sufficient availability of all necessary 
testing materials and supplies, including extrac-
tion and testing kits, reagents, transport media, 
swabs, instruments, analysis equipment, per-
sonal protective equipment if necessary for test-
ing (including point-of-care testing), and other 
equipment; 
(C) allocation of testing materials and sup-
plies in a manner that optimizes public health, 
including by considering the variable impact of 
SARS–CoV–2 on specific States, territories, In-
dian Tribes, Tribal organizations, urban Indian
1192 
organizations, communities, industries, and pro-
fessions; 
(D) sufficient evidence of validation for tests 
that are deployed as a part of such strategy; 
(E) sufficient laboratory and analytical ca-
pacity, including target turnaround time for test 
results; 
(F) sufficient personnel, including personnel 
to collect testing samples, conduct and analyze 
results, and conduct testing follow-up, including 
contact tracing, as appropriate; and 
(G) enforcement of the Families First 
Coronavirus Response Act (Public Law 116–127) 
to ensure patients who are tested are not subject 
to cost sharing; 
(3) specific plans to ensure adequate testing in 
rural areas, frontier areas, health professional short-
age areas, and medically underserved areas (as de-
fined in section 330I(a) of the Public Health Service 
Act (42 U.S.C. 254c–14(a))), and for underserved 
populations, Native Americans (including Indian 
Tribes, Tribal organizations, and urban Indian orga-
nizations), and populations at increased risk related 
to COVID–19;
1193 
(4) specific plans to ensure accessibility of test-
ing to people with disabilities, older individuals, and 
individuals with underlying health conditions or 
weakened immune systems; and 
(5) specific plans for broadly developing and im-
plementing testing for potential immunity in the 
United States, as appropriate, in a manner suffi-
cient— 
(A) to monitor and contribute to the control 
of SARS–CoV–2 in the United States; 
(B) to ensure that any reduction in social 
distancing efforts, when determined appropriate 
by public health officials, can be undertaken in 
a manner that optimizes the health and safety of 
the people of the United States; and 
(C) to reduce disparities (including dispari-
ties related to race, ethnicity, sex, age, disability 
status, socioeconomic status, and geographic lo-
cation) in the prevalence of, incidence of, and 
health outcomes with respect to, COVID–19. 
(b) COORDINATION.—The Secretary shall carry out 
this section— 
(1) in coordination with the Administrator of 
the Federal Emergency Management Agency;
1194 
(2) in collaboration with other agencies and de-
partments, as appropriate; and 
(3) taking into consideration the State plans for 
COVID–19 testing prepared as required under the 
heading ‘‘Department of Health and Human Serv-
ices—Office of the Secretary—Public Health and So-
cial Service Emergency Fund’’ in title I of division 
B of the Paycheck Protection Program and Health 
Care Enhancement Act (Public Law 116–139; 134 
Stat. 620, 624). 
(c) UPDATES.— 
(1) FREQUENCY.—The updated national plan 
under subsection (a) shall be updated every 30 days 
until the end of the public health emergency first de-
clared by the Secretary under section 319 of the Pub-
lic Health Service Act (42 U.S.C. 247d) on January 
31, 2020, with respect to COVID–19. 
(2) RELATION TO OTHER LAW.—Paragraph (1) 
applies in lieu of the requirement (for updates every 
90 days until funds are expended) in the second to 
last proviso under the heading ‘‘Department of Health 
and Human Services—Office of the Secretary—Pub-
lic Health and Social Service Emergency Fund’’ in 
title I of division B of the Paycheck Protection Pro-
1195 
gram and Health Care Enhancement Act (Public 
Law 116–139; 134 Stat. 620, 627). 
(d) APPROPRIATE CONGRESSIONAL COMMITTEES.—In 
this section, the term ‘‘appropriate congressional commit-
tees’’ means— 
(1) the Committee on Appropriations and the 
Committee on Energy and Commerce of the House of 
Representatives; and 
(2) the Committee on Appropriations and the 
Committee on Health, Education, Labor and Pen-
sions and of the Senate. 
SEC. 542. CENTRALIZED TESTING INFORMATION WEBSITE. 
The Secretary shall establish and maintain a public, 
searchable webpage, to be updated and corrected as nec-
essary through a process established by the Secretary, on 
the website of the Department of Health and Human Serv-
ices that— 
(1) identifies all in vitro diagnostic and sero-
logical tests used in the United States to analyze clin-
ical specimens for detection of SARS–CoV–2 or anti-
bodies specific to SARS–CoV–2, including— 
(A) those tests— 
(i) that are approved, cleared, or au-
thorized under section 510(k), 513, 515, or 
564 of the Federal Food, Drug, and Cos-
1196 
metic Act (21 U.S.C. 360(k), 360c, 360e, 
360bbb–3); 
(ii) that have been validated by the 
test’s developers for use on clinical speci-
mens and for which the developer has noti-
fied the Food and Drug Administration of 
the developer’s intent to market the test con-
sistent with applicable guidance issued by 
the Secretary; or 
(iii) that have been developed and au-
thorized by a State that has notified the 
Secretary of the State’s intention to review 
tests intended to diagnose COVID–19; and 
(B) other SARS–CoV–2-related tests that 
the Secretary determines appropriate in guid-
ance, which may include tests related to the 
monitoring of COVID–19 patient status; 
(2) provides relevant information, as determined 
by the Secretary, on each test identified pursuant to 
paragraph (1), which may include— 
(A) the name and contact information of 
the developer of the test; 
(B) the date of receipt of notification by the 
Food and Drug Administration of the developer’s 
intent to market the test;
1197 
(C) the date of authorization for use of the 
test on clinical specimens, where applicable; 
(D) the letter of authorization for use of the 
test on clinical specimens, where applicable; 
(E) any fact sheets, manufacturer instruc-
tions, and package inserts for the test, including 
information on intended use; 
(F) sensitivity and specificity of the test; 
and 
(G) in the case of tests distributed by com-
mercial manufacturers, the number of tests dis-
tributed and, if available, the number of labora-
tories in the United States with the required 
platforms installed to perform the test; and 
(3) includes— 
(A) a list of laboratories certified under sec-
tion 353 of the Public Health Service Act (42 
U.S.C. 263a; commonly referred to as ‘‘CLIA’’) 
that— 
(i) meet the regulatory requirements 
under such section to perform high- or mod-
erate-complexity testing; and 
(ii) are authorized to perform SARS– 
CoV–2 diagnostic or serological tests on 
clinical specimens; and
1198 
(B) information on each laboratory identi-
fied pursuant to subparagraph (A), including— 
(i) the name and address of the labora-
tory; 
(ii) the CLIA certificate number; 
(iii) the laboratory type; 
(iv) the certificate type; and 
(v) the complexity level. 
SEC. 543. MANUFACTURER REPORTING OF TEST DISTRIBU-
TION. 
(a) IN GENERAL.—A commercial manufacturer of an 
in vitro diagnostic or serological COVID–19 test shall, on 
a weekly basis, submit a notification to the Secretary re-
garding distribution of each such test, which notification— 
(1) shall include the number of tests distributed 
and the entities to which the tests are distributed; and 
(2) may include the quantity of such tests dis-
tributed by the manufacturer. 
(b) CONFIDENTIALITY.—Nothing in this section shall 
be construed as authorizing the Secretary to disclose any 
information that is a trade secret or confidential informa-
tion subject to section 552(b)(4) of title 5, United States 
Code, or section 1905 of title 18, United States Code.
1199 
(c) FAILURE TO MEET REQUIREMENTS.—If a manu-
facturer fails to submit a notification as required under 
subsection (a), the following applies: 
(1) The Secretary shall issue a letter to such 
manufacturer informing such manufacturer of such 
failure. 
(2) Not later than 7 calendar days after the 
issuance of a letter under paragraph (1), the manu-
facturer to whom such letter is issued shall submit to 
the Secretary a written response to such letter— 
(A) setting forth the basis for noncompli-
ance; and 
(B) providing information as required 
under subsection (a). 
(3) Not later than 14 calendar days after the 
issuance of a letter under paragraph (1), the Sec-
retary shall make such letter and any response to 
such letter under paragraph (2) available to the pub-
lic on the internet website of the Food and Drug Ad-
ministration, with appropriate redactions made to 
protect information described in subsection (b). The 
preceding sentence shall not apply if the Secretary de-
termines that— 
(A) the letter under paragraph (1) was 
issued in error; or
1200 
(B) after review of such response, the manu-
facturer had a reasonable basis for not notifying 
as required under subsection (a). 
SEC. 544. STATE TESTING REPORT. 
For any State that authorizes (or intends to authorize) 
one or more laboratories in the State to develop and perform 
in vitro diagnostic COVID–19 tests, the head of the depart-
ment or agency of such State with primary responsibility 
for health shall— 
(1) notify the Secretary of such authorization (or 
intention to authorize); and 
(2) provide the Secretary with a weekly report— 
(A) identifying all laboratories authorized 
(or intended to be authorized) by the State to de-
velop and perform in vitro diagnostic COVID– 
19 tests; 
(B) including relevant information on all 
laboratories identified pursuant to subparagraph 
(A), which may include information on labora-
tory testing capacity; 
(C) identifying all in vitro diagnostic 
COVID–19 tests developed and approved for clin-
ical use in laboratories identified pursuant to 
subparagraph (A); and
1201 
(D) including relevant information on all 
tests identified pursuant to subparagraph (C), 
which may include— 
(i) the name and contact information 
of the developer of any such test; 
(ii) any fact sheets, manufacturer in-
structions, and package inserts for any such 
test, including information on intended use; 
and 
(iii) the sensitivity and specificity of 
any such test. 
SEC. 545. STATE LISTING OF TESTING SITES. 
Not later than 14 days after the date of enactment of 
this Act, any State receiving funding or assistance under 
this Act, as a condition on such receipt, shall establish and 
maintain a public, searchable webpage on the official 
website of the State that— 
(1) identifies all sites located in the State that 
provide diagnostic or serological testing for SARS– 
CoV–2; and 
(2) provides appropriate contact information for 
SARS–CoV–2 testing sites pursuant to paragraph 
(1).
1202 
SEC. 546. REPORTING OF COVID–19 TESTING RESULTS. 
(a) IN GENERAL.—Every laboratory that performs or 
analyzes a test that is intended to detect SARS–CoV–2 or 
to diagnose a possible case of COVID–19 shall report daily 
the number of tests performed and the results from each such 
test to the Secretary of Health and Human Services and 
to the Secretary of Homeland Security, in such form and 
manner as such Secretaries may prescribe. Such informa-
tion shall be made available to the public in a searchable, 
electronic format as soon as is practicable, and in no case 
later than one week after such information is received. 
(b) ADDITIONAL REPORTING REQUIREMENTS.—The 
Secretaries specified in subsection (a)— 
(1) may specify additional reporting require-
ments under this section by regulation, including by 
interim final rule, or by guidance; and 
(2) may issue such regulations or guidance with-
out regard to the procedures otherwise required by 
section 553 of title 5, United States Code. 
SEC. 547. GAO REPORT ON DIAGNOSTIC TESTS. 
(a) GAO STUDY.—Not later than 18 months after the 
date of enactment of this Act, the Comptroller General of 
the United States shall submit to the Committee on Energy 
and Commerce of the House of Representatives and the 
Committee on Health, Education, Labor and Pensions of 
the Senate a report describing the response of entities de-
1203 
scribed in subsection (b) to the COVID–19 pandemic with 
respect to the development, regulatory evaluation, and de-
ployment of diagnostic tests. 
(b) ENTITIES DESCRIBED.—Entities described in this 
subsection include— 
(1) laboratories, including public health, aca-
demic, clinical, and commercial laboratories; 
(2) diagnostic test manufacturers; 
(3) State, local, Tribal, and territorial govern-
ments; and 
(4) the Food and Drug Administration, the Cen-
ters for Disease Control and Prevention, the Centers 
for Medicare & Medicaid Services, the National Insti-
tutes of Health, and other relevant Federal agencies, 
as appropriate. 
(c) CONTENTS.—The report under subsection (a) shall 
include— 
(1) a description of actions taken by entities de-
scribed in subsection (b) to develop, evaluate, and de-
ploy diagnostic tests; 
(2) an assessment of the coordination of Federal 
agencies in the development, regulatory evaluation, 
and deployment of diagnostic tests;
1204 
(3) an assessment of the standards used by the 
Food and Drug Administration to evaluate diagnostic 
tests; 
(4) an assessment of the clarity of Federal agen-
cy guidance related to testing, including the ability 
for individuals without medical training to under-
stand which diagnostic tests had been evaluated by 
the Food and Drug Administration; 
(5) a description of— 
(A) actions taken and clinical processes em-
ployed by States and territories that have au-
thorized laboratories to develop and perform di-
agnostic tests not authorized, approved, or 
cleared by the Food and Drug Administration, 
including actions of such States and territories 
to evaluate the accuracy and sensitivity of such 
tests; and 
(B) the standards used by States and terri-
tories when deciding when to authorize labora-
tories to develop or perform diagnostic tests; 
(6) an assessment of the steps taken by labora-
tories and diagnostic test manufacturers to validate 
diagnostic tests, as well as the evidence collected by 
such entities to support validation; and
1205 
(7) based on available reports, an assessment of 
the accuracy and sensitivity of a representative sam-
ple of available diagnostic tests. 
(d) DEFINITION.—In this section, the term ‘‘diagnostic 
test’’ means an in vitro diagnostic product (as defined in 
section 809.3(a) of title 21, Code of Federal Regulations) 
for— 
(1) the detection of SARS–CoV–2; 
(2) the diagnosis of the virus that causes 
COVID–19; or 
(3) the detection of antibodies specific to SARS– 
CoV–2, such as a serological test. 
SEC. 
548. 
PUBLIC 
HEALTH 
DATA 
SYSTEM 
TRANS-
FORMATION. 
Subtitle C of title XXVIII of the Public Health Service 
Act (42 U.S.C. 300hh–31 et seq.) is amended by adding at 
the end the following: 
‘‘SEC. 
2823. 
PUBLIC 
HEALTH 
DATA 
SYSTEM 
TRANS-
FORMATION. 
‘‘(a) EXPANDING CDC AND PUBLIC HEALTH DEPART-
MENT CAPABILITIES.— 
‘‘(1) 
IN
GENERAL.—The 
Secretary, 
acting 
through the Director of the Centers for Disease Con-
trol and Prevention, shall—
1208 
sion and modernization of electronic case 
reporting; and 
‘‘(viii) developing and disseminating 
information related to the use and impor-
tance of public health data. 
‘‘(2) DATA STANDARDS.—In carrying out para-
graph (1), the Secretary, acting through the Director 
of the Centers for Disease Control and Prevention, 
shall, as appropriate and in consultation with the Of-
fice of the National Coordinator for Health Informa-
tion Technology, designate data and technology stand-
ards (including standards for interoperability) for 
public health data systems, with deference given to 
standards published by consensus-based standards de-
velopment organizations with public input and vol-
untary consensus-based standards bodies. 
‘‘(3) PUBLIC-PRIVATE PARTNERSHIPS.—The Sec-
retary may develop and utilize public-private part-
nerships for technical assistance, training, and re-
lated implementation support for State, local, Tribal, 
and territorial public health departments, and the 
Centers for Disease Control and Prevention, on the 
expansion and modernization of electronic case re-
porting and public health data systems, as applicable. 
‘‘(b) REQUIREMENTS.—
1209 
‘‘(1) 
HEALTH
INFORMATION
TECHNOLOGY 
STANDARDS.—The Secretary may not award a grant 
or cooperative agreement under subsection (a)(1)(B) 
unless the applicant uses or agrees to use standards 
endorsed by the National Coordinator for Health In-
formation Technology pursuant to section 3001(c)(1) 
or adopted by the Secretary under section 3004. 
‘‘(2) WAIVER.—The Secretary may waive the re-
quirement under paragraph (1) with respect to an 
applicant if the Secretary determines that the activi-
ties under subsection (a)(1)(B) cannot otherwise be 
carried out within the applicable jurisdiction. 
‘‘(3) APPLICATION.—A State, local, Tribal, or 
territorial health department applying for a grant or 
cooperative agreement under this section shall submit 
an application to the Secretary at such time and in 
such manner as the Secretary may require. Such ap-
plication shall include information describing— 
‘‘(A) the activities that will be supported by 
the grant or cooperative agreement; and 
‘‘(B) how the modernization of the public 
health data systems involved will support or im-
pact the public health infrastructure of the health 
department, including a description of remain-
1210 
ing gaps, if any, and the actions needed to ad-
dress such gaps. 
‘‘(c) STRATEGY
AND IMPLEMENTATION PLAN.—Not 
later than 180 days after the date of enactment of this sec-
tion, the Secretary, acting through the Director of the Cen-
ters for Disease Control and Prevention, shall submit to the 
Committee on Health, Education, Labor and Pensions of 
the Senate and the Committee on Energy and Commerce 
of the House of Representatives a coordinated strategy and 
an accompanying implementation plan that identifies and 
demonstrates the measures the Secretary will utilize to— 
‘‘(1) update and improve applicable public 
health data systems used by the Centers for Disease 
Control and Prevention; and 
‘‘(2) carry out the activities described in this sec-
tion to support the improvement of State, local, Trib-
al, and territorial public health data systems. 
‘‘(d) CONSULTATION.—The Secretary, acting through 
the Director of the Centers for Disease Control and Preven-
tion, shall consult with State, local, Tribal, and territorial 
health departments, professional medical and public health 
associations, associations representing hospitals or other 
health care entities, health information technology experts, 
and other appropriate public or private entities regarding 
the plan and grant program to modernize public health
1211 
data systems pursuant to this section. Activities under this 
subsection may include the provision of technical assistance 
and training related to the exchange of information by such 
public health data systems used by relevant health care and 
public health entities at the local, State, Federal, Tribal, 
and territorial levels, and the development and utilization 
of public-private partnerships for implementation support 
applicable to this section. 
‘‘(e) REPORT TO CONGRESS.—Not later than 1 year 
after the date of enactment of this section, the Secretary 
shall submit a report to the Committee on Health, Edu-
cation, Labor and Pensions of the Senate and the Com-
mittee on Energy and Commerce of the House of Represent-
atives that includes— 
‘‘(1) a description of any barriers to— 
‘‘(A) public health authorities implementing 
interoperable public health data systems and 
electronic case reporting; 
‘‘(B) the exchange of information pursuant 
to electronic case reporting; or 
‘‘(C) reporting by health care providers 
using such public health data systems, as appro-
priate, and pursuant to State law;
1212 
‘‘(2) an assessment of the potential public health 
impact of implementing electronic case reporting and 
interoperable public health data systems; and 
‘‘(3) a description of the activities carried out 
pursuant to this section. 
‘‘(f) ELECTRONIC CASE REPORTING.—In this section, 
the term ‘electronic case reporting’ means the automated 
identification, generation, and bilateral exchange of reports 
of health events among electronic health record or health 
information technology systems and public health authori-
ties. 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out this section, there are authorized to be appropriated 
$450,000,000 to remain available until expended.’’. 
SEC. 549. PILOT PROGRAM TO IMPROVE LABORATORY IN-
FRASTRUCTURE. 
(a) IN GENERAL.—The Secretary shall award grants 
to States and political subdivisions of States to support the 
improvement, renovation, or modernization of infrastruc-
ture at clinical laboratories (as defined in section 353 of 
the Public Health Service Act (42 U.S.C. 263a)) that will 
help to improve SARS–CoV–2 and COVID–19 testing and 
response activities, including the expansion and enhance-
ment of testing capacity at such laboratories.
1213 
(b) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out this section, there is authorized to be appropriated 
$1,000,000,000 to remain available until expended. 
SEC. 550. CORE PUBLIC HEALTH INFRASTRUCTURE FOR 
STATE, LOCAL, TRIBAL, AND TERRITORIAL 
HEALTH DEPARTMENTS. 
(a) PROGRAM.—The Secretary, acting through the Di-
rector of the Centers for Disease Control and Prevention, 
shall establish a core public health infrastructure program 
consisting of awarding grants under subsection (b). 
(b) GRANTS.— 
(1) AWARD.—For the purpose of addressing core 
public health infrastructure needs, the Secretary— 
(A) shall award a grant to each State 
health department; and 
(B) may award grants on a competitive 
basis to State, local, Tribal, or territorial health 
departments. 
(2) ALLOCATION.—Of the total amount of funds 
awarded as grants under this subsection for a fiscal 
year— 
(A) not less than 50 percent shall be for 
grants to State health departments under para-
graph (1)(A); and
1214 
(B) not less than 30 percent shall be for 
grants to State, local, Tribal, or territorial 
health departments under paragraph (1)(B). 
(c) USE OF FUNDS.—A State, local, Tribal, or terri-
torial health department receiving a grant under subsection 
(b) shall use the grant funds to address core public health 
infrastructure needs, including those identified in the ac-
creditation process under subsection (g). 
(d) FORMULA GRANTS TO STATE HEALTH DEPART-
MENTS.—In making grants under subsection (b)(1)(A), the 
Secretary shall award funds to each State health depart-
ment in accordance with— 
(1) a formula based on population size; burden 
of preventable disease and disability; and core public 
health infrastructure gaps, including those identified 
in the accreditation process under subsection (g); and 
(2) application requirements established by the 
Secretary, including a requirement that the State 
health department submit a plan that demonstrates to 
the satisfaction of the Secretary that the State’s health 
department will— 
(A) address its highest priority core public 
health infrastructure needs; and 
(B) as appropriate, allocate funds to local 
health departments within the State.
1215 
(e) COMPETITIVE GRANTS TO STATE, LOCAL, TRIBAL, 
AND TERRITORIAL HEALTH DEPARTMENTS.—In making 
grants under subsection (b)(1)(B), the Secretary shall give 
priority to applicants demonstrating core public health in-
frastructure needs identified in the accreditation process 
under subsection (g). 
(f) MAINTENANCE OF EFFORT.—The Secretary may 
award a grant to an entity under subsection (b) only if 
the entity demonstrates to the satisfaction of the Secretary 
that— 
(1) funds received through the grant will be ex-
pended only to supplement, and not supplant, non- 
Federal and Federal funds otherwise available to the 
entity for the purpose of addressing core public health 
infrastructure needs; and 
(2) with respect to activities for which the grant 
is awarded, the entity will maintain expenditures of 
non-Federal amounts for such activities at a level not 
less than the level of such expenditures maintained by 
the entity for the fiscal year preceding the fiscal year 
for which the entity receives the grant. 
(g) ESTABLISHMENT OF A PUBLIC HEALTH ACCREDI-
TATION PROGRAM.— 
(1) IN GENERAL.—The Secretary shall—
1216 
(A) develop, and periodically review and 
update, standards for voluntary accreditation of 
State, local, Tribal, and territorial health de-
partments and public health laboratories for the 
purpose of advancing the quality and perform-
ance of such departments and laboratories; and 
(B) implement a program to accredit such 
health departments and laboratories in accord-
ance with such standards. 
(2) COOPERATIVE AGREEMENT.—The Secretary 
may enter into a cooperative agreement with a pri-
vate nonprofit entity to carry out paragraph (1). 
(h) REPORT.—The Secretary shall submit to the Con-
gress an annual report on progress being made to accredit 
entities under subsection (g), including— 
(1) a strategy, including goals and objectives, for 
accrediting entities under subsection (g) and achiev-
ing the purpose described in subsection (g)(1)(A); 
(2) identification of gaps in research related to 
core public health infrastructure; and 
(3) recommendations of priority areas for such 
research. 
(i) DEFINITION.—In this section, the term ‘‘core public 
health infrastructure’’ includes— 
(1) workforce capacity and competency;
1217 
(2) laboratory systems; 
(3) testing capacity, including test platforms, 
mobile testing units, and personnel; 
(4) health information, health information sys-
tems, and health information analysis; 
(5) disease surveillance; 
(6) contact tracing; 
(7) communications; 
(8) financing; 
(9) other relevant components of organizational 
capacity; and 
(10) other related activities. 
(j) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out this section, there are authorized to be appropriated 
$6,000,000,000, to remain available until expended. 
SEC. 551. CORE PUBLIC HEALTH INFRASTRUCTURE AND AC-
TIVITIES FOR CDC. 
(a) IN GENERAL.—The Secretary, acting through the 
Director of the Centers for Disease Control and Prevention, 
shall expand and improve the core public health infrastruc-
ture and activities of the Centers for Disease Control and 
Prevention to address unmet and emerging public health 
needs.
1218 
(b) REPORT.—The Secretary shall submit to the Con-
gress an annual report on the activities funded through this 
section. 
(c) DEFINITION.—In this section, the term ‘‘core public 
health infrastructure’’ has the meaning given to such term 
in section 550. 
(d) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out this section, there is authorized to be appropriated 
$1,000,000,000, to remain available until expended. 
Subtitle 
D—COVID–19 
National 
Testing and Contact Tracing 
Initiative 
SEC. 561. NATIONAL SYSTEM FOR COVID–19 TESTING, CON-
TACT TRACING, SURVEILLANCE, CONTAIN-
MENT, AND MITIGATION. 
(a) IN GENERAL.—The Secretary, acting through the 
Director of the Centers for Disease Control and Prevention, 
and in coordination with State, local, Tribal, and terri-
torial health departments, shall establish and implement a 
nationwide evidence-based system for— 
(1) testing, contact tracing, surveillance, con-
tainment, and mitigation with respect to COVID–19; 
(2) offering guidance on voluntary isolation and 
quarantine of individuals infected with, or exposed to
1219 
individuals infected with, the virus that causes 
COVID–19; and 
(3) public reporting on testing, contact tracing, 
surveillance, and voluntary isolation and quarantine 
activities with respect to COVID–19. 
(b) COORDINATION; TECHNICAL ASSISTANCE.—In car-
rying out the national system under this section, the Sec-
retary shall— 
(1) coordinate State, local, Tribal, and terri-
torial activities related to testing, contact tracing, 
surveillance, containment, and mitigation with re-
spect to COVID–19, as appropriate; and 
(2) provide technical assistance for such activi-
ties, as appropriate. 
(c) CONSIDERATION.—In establishing and imple-
menting the national system under this section, the Sec-
retary shall take into consideration— 
(1) the State plans referred to in the heading 
‘‘Public Health and Social Services Emergency 
Fund’’ in title I of division B of the Paycheck Protec-
tion Program and Health Care Enhancement Act 
(Public Law 116–139); and 
(2) the testing strategy submitted under section 
541. 
(d) REPORTING.—The Secretary shall—
1220 
(1) not later than one month after the date of the 
enactment of this Act, submit to the Committee on 
Energy and Commerce of the House of Representa-
tives and the Committee on Health, Education, Labor 
and Pensions a preliminary report on the effective-
ness of the activities carried out pursuant to this sub-
title; and 
(2) not later than three months after the end of 
the public health emergency declared pursuant to sec-
tion 319 of the Public Health Service Act (42 U.S.C. 
247d) with respect to COVID–19, submit to such com-
mittees a final report on such effectiveness. 
SEC. 562. GRANTS. 
(a) IN GENERAL.—To implement the national system 
under section 561, the Secretary, acting through the Direc-
tor of the Centers for Disease Control and Prevention, shall, 
subject to the availability of appropriations, award grants 
to State, local, Tribal, and territorial health departments 
that seek grants under this section to carry out coordinated 
testing, contact tracing, surveillance, containment, and 
mitigation with respect to COVID–19, including— 
(1) diagnostic and surveillance testing and re-
porting; 
(2) community-based contact tracing efforts; and
1221 
(3) policies related to voluntary isolation and 
quarantine of individuals infected with, or exposed to 
individuals infected with, the virus that causes 
COVID–19. 
(b) FLEXIBILITY.—The Secretary shall ensure that— 
(1) the grants under subsection (a) provide flexi-
bility for State, local, Tribal, and territorial health 
departments to modify, establish, or maintain evi-
dence-based systems; and 
(2) local health departments receive funding from 
State health departments or directly from the Centers 
for Disease Control and Prevention to contribute to 
such systems, as appropriate. 
(c) ALLOCATIONS.— 
(1) FORMULA.—The Secretary, acting through 
the Director of the Centers for Disease Control and 
Prevention, shall allocate amounts made available 
pursuant to subsection (a) in accordance with a for-
mula to be established by the Secretary that provides 
a minimum level of funding to each State, local, 
Tribal, and territorial health department that seeks a 
grant under this section and allocates additional 
funding based on the following prioritization: 
(A) The Secretary shall give highest priority 
to applicants proposing to serve populations in
1222 
one or more geographic regions with a high bur-
den of COVID–19 based on data provided by the 
Centers for Disease Control and Prevention, or 
other sources as determined by the Secretary. 
(B) The Secretary shall give second highest 
priority to applicants preparing for, or cur-
rently working to mitigate, a COVID–19 surge 
in a geographic region that does not yet have a 
high number of reported cases of COVID–19 
based on data provided by the Centers for Dis-
ease Control and Prevention, or other sources as 
determined by the Secretary. 
(C) The Secretary shall give third highest 
priority to applicants proposing to serve high 
numbers of low-income and uninsured popu-
lations, including medically underserved popu-
lations (as defined in section 330(b)(3) of the 
Public 
Health 
Service 
Act 
(42 
U.S.C. 
254b(b)(3))), health professional shortage areas 
(as defined under section 332(a) of the Public 
Health Service Act (42 U.S.C. 254e(a))), racial 
and ethnic minorities, or geographically diverse 
areas, as determined by the Secretary. 
(2) NOTIFICATION.—Not later than the date that 
is one week before first awarding grants under this
1223 
section, the Secretary shall submit to the Committee 
on Energy and Commerce of the House of Representa-
tives and the Committee on Health, Education, Labor 
and Pensions of the Senate a notification detailing 
the formula established under paragraph (1) for allo-
cating amounts made available pursuant to sub-
section (a). 
(d) USE OF FUNDS.—A State, local, Tribal, and terri-
torial health department receiving a grant under this sec-
tion shall, to the extent possible, use the grant funds for 
the following activities, or other activities deemed appro-
priate by the Director of the Centers for Disease Control 
and Prevention: 
(1) TESTING.—To implement a coordinated test-
ing system that— 
(A) leverages or modernizes existing testing 
infrastructure and capacity; 
(B) is consistent with the updated testing 
strategy required under section 541; 
(C) is coordinated with the State plan for 
COVID–19 testing prepared as required under 
the heading ‘‘Department of Health and Human 
Services—Office of the Secretary—Public Health 
and Social Service Emergency Fund’’ in title I 
of division B of the Paycheck Protection Pro-
1224 
gram and Health Care Enhancement Act (Public 
Law 116–139; 134 Stat. 620, 624); 
(D) is informed by contact tracing and sur-
veillance activities under this subtitle; 
(E) is informed by guidelines established by 
the Centers for Disease Control and Prevention 
for which populations should be tested; 
(F) identifies how diagnostic and serological 
tests in such system shall be validated prior to 
use; 
(G) identifies how diagnostic and sero-
logical tests and testing supplies will be distrib-
uted to implement such system; 
(H) identifies specific strategies for ensur-
ing testing capabilities and accessibility in ra-
cial and ethnic minority populations; 
(I) identifies specific strategies for ensuring 
testing capabilities and accessibility in medi-
cally underserved populations (as defined in sec-
tion 330(b)(3) of the Public Health Service Act 
(42 U.S.C. 254b(b)(3))), health professional 
shortage areas (as defined under section 332(a) 
of the Public Health Service Act (42 U.S.C. 
254e(a))), and geographically diverse areas, as 
determined by the Secretary;
1225 
(J) identifies how testing may be used, and 
results may be reported, in both health care set-
tings (such as hospitals, laboratories for mod-
erate or high-complexity testing, pharmacies, 
mobile testing units, and community health cen-
ters) and non-health care settings (such as work-
places, schools, childcare centers, or drive- 
throughs); 
(K) allows for testing in sentinel surveil-
lance programs, as appropriate; and 
(L) supports the procurement and distribu-
tion of diagnostic and serological tests and test-
ing supplies to meet the goals of the system. 
(2) CONTACT TRACING.—To implement a coordi-
nated contact tracing system that— 
(A) leverages or modernizes existing contact 
tracing systems and capabilities, including com-
munity health workers, health departments, and 
Federally qualified health centers; 
(B) is able to investigate cases of COVID– 
19, and help to identify other potential cases of 
COVID–19, through tracing contacts of individ-
uals with positive diagnoses; 
(C) establishes culturally competent and 
multilingual strategies for contact tracing, ad-
1226 
dressing the specific needs of racial and ethnic 
minority populations, which may include con-
sultation with and support from faith-based, 
nonprofit, cultural or civic organizations with 
established ties to the community; 
(D) establishes culturally competent and 
multilingual strategies for contact tracing, ad-
dressing the specific needs of medically under-
served 
populations 
(as 
defined 
in 
section 
330(b)(3) of the Public Health Service Act (42 
U.S.C. 254b(b)(3))), health professional shortage 
areas (as defined under section 332(a) of the 
Public Health Service Act(42 U.S.C. 2324 
254e(a))); 
(E) provides individuals identified under 
the contact tracing program with information 
and support for containment or mitigation; 
(F) enables State, local, Tribal, and terri-
torial health departments to work with a non-
governmental, community partner or partners 
and State and local workforce development sys-
tems (as defined in section 3(67) of Workforce 
Innovation and Opportunity Act (29 U.S.C. 
3102(67))) receiving grants under section 566(b) 
of this Act to hire and compensate a locally-
1227 
sourced contact tracing workforce, if necessary, 
to supplement the public health workforce, to— 
(i) identify the number of contact trac-
ers needed for the respective State, locality, 
territorial, or Tribal health department to 
identify all cases of COVID–19 currently in 
the jurisdiction and those anticipated to 
emerge over the next 18 months in such ju-
risdiction; 
(ii) outline qualifications necessary for 
contact tracers; 
(iii) train the existing and newly hired 
public health workforce on best practices re-
lated to tracing close contacts of individuals 
diagnosed with COVID–19, including the 
protection of individual privacy and cyber-
security protection; and 
(iv) equip the public health workforce 
with tools and resources to enable a rapid 
response to new cases; 
(G) identifies the level of contact tracing 
needed within the State, locality, territory, or 
Tribal area to contain and mitigate the trans-
mission of COVID–19; and
1228 
(H) establishes statewide mechanisms to in-
tegrate regular evaluation to the Centers for Dis-
ease Control and Prevention regarding contact 
tracing efforts, makes such evaluation publicly 
available, and to the extent possible provides for 
such evaluation at the county level. 
(3) SURVEILLANCE.—To strengthen the existing 
public health surveillance system that— 
(A) leverages or modernizes existing surveil-
lance systems within the respective State, local, 
Tribal, or territorial health department and na-
tional surveillance systems; 
(B) detects and identifies trends in COVID– 
19 at the county level; 
(C) evaluates State, local, Tribal, and terri-
torial health departments in achieving surveil-
lance capabilities with respect to COVID–19; 
(D) integrates and improves disease surveil-
lance and immunization tracking; 
(E) identifies specific strategies for ensuring 
disease surveillance in racial and ethnic minor-
ity populations; and 
(F) identifies specific strategies for ensuring 
disease surveillance in medically underserved 
populations (as defined in section 330(b)(3) of
1229 
the Public Health Service Act (42 U.S.C. 
254b(b)(3))), health professional shortage areas 
(as defined under section 332(a) of the Public 
Health Service Act (42 U.S.C. 254e(a))), and 
geographically diverse areas, as determined by 
the Secretary. 
(4) CONTAINMENT AND MITIGATION.—To imple-
ment a coordinated containment and mitigation sys-
tem that— 
(A) leverages or modernizes existing con-
tainment and mitigation strategies within the 
respective State, local, Tribal, or territorial gov-
ernments and national containment and mitiga-
tion strategies; 
(B) may provide for, connect to, and lever-
age existing social services and support for indi-
viduals who have been infected with or exposed 
to COVID–19 and who are isolated or quar-
antined in their homes, such as through— 
(i) food assistance programs; 
(ii) guidance for household infection 
control; 
(iii) information and assistance with 
childcare services; and
1230 
(iv) information and assistance per-
taining to support available under the 
CARES Act (Public Law 116–136) and this 
Act; 
(C) provides guidance on the establishment 
of safe, high-quality, facilities for the voluntary 
isolation of individuals infected with, or quar-
antine of the contacts of individuals exposed to 
COVID–19, where hospitalization is not re-
quired, which facilities should— 
(i) be prohibited from making inquir-
ies relating to the citizenship status of an 
individual isolated or quarantined; and 
(ii) be operated by a non-Federal, com-
munity partner or partners that— 
(I) have previously established re-
lationships in localities; 
(II) work with local places of wor-
ship, community centers, medical fa-
cilities, and schools to recruit local 
staff for such facilities; and 
(III) are fully integrated into 
State, local, Tribal, or territorial con-
tainment and mitigation efforts;
1231 
(D) identifies specific strategies for ensuring 
containment and mitigation activities in racial 
and ethnic minority populations; and 
(E) identifies specific strategies for ensuring 
containment and mitigation activities in medi-
cally underserved populations (as defined in sec-
tion 330(b)(3) of the Public Health Service Act 
(42 U.S.C. 254b(b)(3))), health professional 
shortage areas (as defined under section 332(a) 
of the Public Health Service Act (42 U.S.C. 
254e(a))), and geographically diverse areas, as 
determined by the Secretary. 
(e) REPORTING.—The Secretary shall facilitate mecha-
nisms for timely, standardized reporting by grantees under 
this section regarding implementation of the systems estab-
lished under this section and coordinated processes with the 
reporting as required and under the heading ‘‘Department 
of Health and Human Services—Office of the Secretary— 
Public Health and Social Service Emergency Fund’’ in title 
I of division B of the Paycheck Protection Program and 
Health Care Enhancement Act (Public Law 116–139, 134 
Stat. 620), including— 
(1) a summary of county or local health depart-
ment level information from the States receiving 
funding, and information from directly funded local-
1232 
ities, territories, and Tribal entities, about the activi-
ties that will be undertaken using funding awarded 
under this section, including subgrants; 
(2) any anticipated shortages of required mate-
rials for testing for COVID–19 under subsection (a); 
and 
(3) other barriers in the prevention, mitigation, 
or treatment of COVID–19 under this section. 
(f) PUBLIC LISTING
OF AWARDS.—The Secretary 
shall— 
(1) not later than 7 days after first awarding 
grants under this section, post in a searchable, elec-
tronic format a list of all awards made by the Sec-
retary under this section, including the recipients and 
amounts of such awards; and 
(2) update such list not less than every 7 days 
until all funds made available to carry out this sec-
tion are expended. 
SEC. 563. GUIDANCE, TECHNICAL ASSISTANCE, INFORMA-
TION, AND COMMUNICATION. 
(a) IN GENERAL.— Not later than 14 days after the 
date of the enactment of this Act, the Secretary, in coordina-
tion with other Federal agencies, as appropriate, shall issue 
guidance, provide technical assistance, and provide infor-
1233 
mation to States, localities, Tribes, and territories, with re-
spect to the following: 
(1) The diagnostic and serological testing of in-
dividuals identified through contact tracing for 
COVID–19, including information with respect to the 
reduction of duplication related to programmatic ac-
tivities, reporting, and billing. 
(2) Best practices regarding contact tracing, in-
cluding the collection of data with respect to such con-
tact tracing and requirements related to the standard-
ization of demographic and syndromic information 
collected as part of contact tracing efforts. 
(3) Best practices regarding COVID–19 disease 
surveillance, including best practices to reduce dupli-
cation in surveillance activities, identifying gaps in 
surveillance and surveillance systems, and ways in 
which the Secretary plans to effectively support State, 
local, Tribal and territorial health departments in 
addressing such gaps. 
(4) Information on ways for State, local, Tribal, 
and territorial health departments to establish and 
maintain the testing, contact tracing, and surveil-
lance activities described in paragraphs (1) through 
(3).
1234 
(5) The protection of any personally identifiable 
health information collected pursuant to this subtitle. 
(6) Best practices regarding privacy and cyberse-
curity protection related to contact tracing, contain-
ment, and mitigation efforts. 
(7) Best practices related to improving public 
compliance for isolation and containment measures 
and reaching medically underserved communities. 
(b) GUIDANCE ON PAYMENT.—Not later than 14 days 
after the date of the enactment of this Act, the Secretary, 
in coordination with the Administrator of the Centers for 
Medicare & Medicaid Services, the Director of the Centers 
for Disease Control and Prevention, and in coordination 
with other Federal agencies, as appropriate, shall develop 
and issue to State, local, Tribal, and territorial health de-
partments clear guidance and policies— 
(1) with respect to the coordination of claims 
submitted for payment out of the Public Health and 
Social Services Emergency Fund for services fur-
nished 
in 
a 
facility 
referred 
to 
in 
section 
562(d)(4)(C); 
(2) identifying how an individual who is iso-
lated or quarantined at home or in such a facility—
1235 
(A) incurs no out-of-pocket costs for any 
services furnished to such individual while iso-
lated; and 
(B) may receive income support for lost 
earnings or payments for expenses such as child 
care or elder care while such individual is iso-
lated at home or in such a facility; 
(3) providing information and assistance per-
taining to support available under the CARES Act 
(Public Law 116–136) and this Act; and 
(4) identifying State, local, Tribal, and terri-
torial health departments or partner agencies that 
may provide social support services, such as groceries 
or meals, health education, internet access, and behav-
ioral health services, to individuals who isolated or 
quarantined at home or in such a facility. 
(c) GUIDANCE ON TESTING.—Not later than 14 days 
after the date of the enactment of this Act, the Secretary, 
in coordination with the Commissioner of Food and Drugs, 
the Director of the National Institutes of Health, and the 
Director of the Centers for Disease Control and Prevention, 
and in coordination with other Federal agencies as appro-
priate, shall develop and issue to State, local, Tribal, and 
territorial health departments clear guidance and policies 
regarding—
1236 
(1) objective standards to characterize the per-
formance of all diagnostic and serological tests for 
COVID–19 in order to independently evaluate tests 
continuously over time; 
(2) protocols for the evaluation of the perform-
ance of diagnostic and serological tests for COVID– 
19; and 
(3) a repository of characterized specimens to use 
to evaluate the performance of those tests that can be 
made available for appropriate entities to use to 
evaluate performance. 
(d) COMMUNICATION.—The Secretary shall identify 
and publicly announce the form and manner for commu-
nication with State, local, Tribal, and territorial health de-
partments for purposes of carrying out the activities ad-
dressed by guidance issued under subsections (a) and (b). 
(e) AVAILABILITY TO PROVIDERS.—Guidance issued 
under subsection (a)(1) shall be issued to health care pro-
viders. 
(f) ONGOING PROVISION OF GUIDANCE AND TECH-
NICAL ASSISTANCE.—Notwithstanding whether funds are 
available specifically to carry out this subtitle, guidance 
and technical assistance shall continue to be provided under 
this section.
1237 
SEC. 564. RESEARCH AND DEVELOPMENT. 
The Secretary, in coordination with the Director of the 
Centers for Disease Control and Prevention and in collabo-
ration with the Director of the National Institutes of 
Health, the Director of the Agency for Healthcare Research 
and Quality, the Commissioner of Food and Drugs, and 
the Administrator of the Centers for Medicare & Medicaid 
Services, shall support research and development on more 
efficient and effective strategies— 
(1) for the surveillance of SARS–CoV–2 and 
COVID–19; 
(2) for the testing and identification of individ-
uals infected with COVID–19; and 
(3) for the tracing of contacts of individuals in-
fected with COVID–19. 
SEC. 565. AWARENESS CAMPAIGNS. 
The Secretary, acting through the Director of the Cen-
ters for Disease Control and Prevention and in coordina-
tion with other offices and agencies, as appropriate, shall 
award competitive grants or contracts to one or more public 
or private entities, including faith-based organizations, to 
carry out multilingual and culturally appropriate aware-
ness campaigns. Such campaigns shall— 
(1) be based on available scientific evidence;
1238 
(2) 
increase 
awareness 
and 
knowledge 
of 
COVID–19, including countering stigma associated 
with COVID–19; 
(3) improve information on the availability of 
COVID–19 diagnostic testing; and 
(4) promote cooperation with contact tracing ef-
forts. 
SEC. 566. GRANTS TO STATE AND TRIBAL WORKFORCE 
AGENCIES. 
(a) DEFINITIONS.—In this section: 
(1) IN GENERAL.—Except as otherwise provided, 
the terms in this section have the meanings given the 
terms in section 3 of the Workforce Innovation and 
Opportunity Act (29 U.S.C. 3102). 
(2) APPRENTICESHIP; 
APPRENTICESHIP
PRO-
GRAM.—The term ‘‘apprenticeship’’ or ‘‘apprentice-
ship program’’ means an apprenticeship program 
registered under the Act of August 16, 1937 (com-
monly known as the ‘‘National Apprenticeship Act’’) 
(50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), in-
cluding any requirement, standard, or rule promul-
gated under such Act, as such requirement, standard, 
or rule was in effect on December 30, 2019. 
(3) CONTACT
TRACING
AND
RELATED
POSI-
TIONS.—The term ‘‘contact tracing and related posi-
1239 
tions’’ means employment related to contact tracing, 
surveillance, containment, and mitigation activities 
as described in paragraphs (2), (3), and (4) of section 
562(d). 
(4) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) a State or territory, including the Dis-
trict of Columbia and Puerto Rico; 
(B) an Indian Tribe, Tribal organization, 
Alaska Native entity, Indian-controlled organi-
zations serving Indians, or Native Hawaiian or-
ganizations; 
(C) an outlying area; or 
(D) a local board, if an eligible entity under 
subparagraphs (A) through (C) has not applied 
with respect to the area over which the local 
board has jurisdiction as of the date on which 
the local board submits an application under 
subsection (c). 
(5) 
ELIGIBLE
INDIVIDUAL.—Notwithstanding 
section 170(b)(2) of the Workforce Innovation and 
Opportunity Act (29 U.S.C. 3225(b)(2)), the term ‘‘el-
igible individual’’ means an individual seeking or se-
curing employment in contact tracing and related po-
sitions and served by an eligible entity or commu-
1240 
nity-based organization receiving funding under this 
section. 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Labor. 
(b) GRANTS.— 
(1) IN GENERAL.—Subject to the availability of 
appropriations under subsection (g), the Secretary 
shall award national dislocated worker grants under 
section 170(b)(1)(B) of the Workforce Innovation and 
Opportunity Act (29 U.S.C. 3225(b)(1)(B)) to each 
eligible entity that seeks a grant to assist local boards 
and community-based organizations in carrying out 
activities under subsections (f) and (d), respectively, 
for the following purposes: 
(A) To support the recruitment, placement, 
and training, as applicable, of eligible individ-
uals seeking employment in contact tracing and 
related positions in accordance with the national 
system for COVID–19 testing, contact tracing, 
surveillance, containment, and mitigation estab-
lished under section 561. 
(B) To assist with the employment transi-
tion to new employment or education and train-
ing of individuals employed under this section in
1241 
preparation for and upon termination of such 
employment. 
(2) TIMELINE.—The Secretary of Labor shall— 
(A) issue application requirements under 
subsection (c) not later than 10 days after the 
date of enactment of this section; and 
(B) award grants to an eligible entity 
under paragraph (1) not later than 10 days 
after the date on which the Secretary receives an 
application from such entity. 
(c) GRANT APPLICATION.—An eligible entity applying 
for a grant under this section shall submit an application 
to the Secretary, at such time and in such form and manner 
as the Secretary may reasonably require, which shall in-
clude a description of— 
(1) how the eligible entity will support the re-
cruitment, placement, and training, as applicable, of 
eligible individuals seeking employment in contact 
tracing and related positions by partnering with— 
(A) a State, local, Tribal, or territorial 
health department; or 
(B) one or more nonprofit or community- 
based organizations partnering with such health 
departments;
1242 
(2) how the activities described in paragraph (1) 
will support State efforts to address the demand for 
contact tracing and related positions with respect 
to— 
(A) the State plans referred to in the head-
ing ‘‘Public Health and Social Services Emer-
gency Fund’’ in title I of division B of the Pay-
check Protection Program and Health Care En-
hancement Act (Public Law 116–139); 
(B) the testing strategy submitted under sec-
tion 541; and 
(C) the number of eligible individuals that 
the State plans to recruit and train under the 
plans and strategies described in subparagraphs 
(A) and (B); 
(3) the specific strategies for recruiting and 
placement of eligible individuals from or residing 
within the communities in which they will work, in-
cluding— 
(A) plans for the recruitment of eligible in-
dividuals to serve as contact tracers and related 
positions, including dislocated workers, individ-
uals with barriers to employment, veterans, new 
entrants in the workforce, or underemployed or 
furloughed workers, who are from or reside in or
1243 
near the local area in which they will serve, and 
who, to the extent practicable— 
(i) have experience or a background in 
industry-sectors and occupations such as 
public health, social services, customer serv-
ice, case management, or occupations that 
require related qualifications, skills, or com-
petencies, such as strong interpersonal and 
communication skills, needed for contact 
tracing and related positions, as described 
in section 562(d)(2)(E)(ii); or 
(ii) seek to transition to public health 
and public health related occupations upon 
the conclusion of employment in contact 
tracing and related positions; and 
(B) how such strategies will take into ac-
count the diversity of such community, including 
racial, ethnic, socioeconomic, linguistic, or geo-
graphic diversity; 
(4) the amount, timing, and mechanisms for dis-
tribution of funds provided to local boards or through 
subgrants as described in subsection (d); 
(5) for eligible entities described in subpara-
graphs (A) through (C) of subsection (a)(4), a descrip-
1244 
tion of how the eligible entity will ensure the equitable 
distribution of funds with respect to— 
(A) geography (such as urban and rural 
distribution); 
(B) medically underserved populations (as 
defined in section 33(b)(3) of the Public Health 
Service Act (42 U.S.C. 254b(b))); 
(C) health professional shortage areas (as 
defined under section 332(a) of the Public Health 
Service Act (42 U.S.C. 254e(a))); and 
(D) the racial and ethnic diversity of the 
area; and 
(6) for eligible entities who are local boards, a 
description of how a grant to such eligible entity 
would serve the equitable distribution of funds as de-
scribed in paragraph (5). 
(d) SUBGRANT AUTHORIZATION
AND APPLICATION 
PROCESS.— 
(1) IN GENERAL.—An eligible entity may award 
a subgrant to one or more community-based organiza-
tions for the purposes of partnering with a State or 
local board to conduct outreach and education activi-
ties to inform potentially eligible individuals about 
employment opportunities in contact tracing and re-
lated positions.
1245 
(2) APPLICATION.—A community-based organi-
zation shall submit an application at such time and 
in such manner as the eligible entity may reasonably 
require, including— 
(A) a demonstration of the community- 
based organization’s established expertise and ef-
fectiveness in community outreach in the local 
area that such organization plans to serve; 
(B) a demonstration of the community- 
based organization’s expertise in providing em-
ployment or public health information to the 
local areas in which such organization plans to 
serve; and 
(C) a description of the expertise of the com-
munity-based organization in utilizing cul-
turally competent and multilingual strategies in 
the provision of services. 
(e) GRANT DISTRIBUTION.— 
(1) FEDERAL DISTRIBUTION.— 
(A) USE
OF
FUNDS.— The Secretary of 
Labor shall use the funds appropriated to carry 
out this section as follows: 
(i) Subject to clause (ii), the Secretary 
shall distribute funds among eligible entities 
in accordance with a formula to be estab-
1246 
lished by the Secretary that provides a min-
imum level of funding to each eligible entity 
that seeks a grant under this section and al-
locates additional funding as follows: 
(I) The formula shall give first 
priority based on the number and pro-
portion of contact tracing and related 
positions that the State plans to re-
cruit, place, and train individuals as a 
part of the State strategy described in 
subsection (c)(2)(A). 
(II) Subject to subclause (I), the 
formula shall give priority in accord-
ance with section 562(c). 
(ii) Not more than 2 percent of the 
funding for administration of the grants 
and for providing technical assistance to re-
cipients of funds under this section. 
(B) EQUITABLE DISTRIBUTION.—If the geo-
graphic region served by one or more eligible en-
tities overlaps, the Secretary shall distribute 
funds among such entities in such a manner that 
ensures equitable distribution with respect to the 
factors under subsection (c)(5).
1247 
(2) ELIGIBLE ENTITY USE OF FUNDS.—An eligi-
ble entity described in subparagraphs (A) through (C) 
of subsection (a)(4)— 
(A) shall, not later than 30 days after the 
date on which the entity receives grant funds 
under this section, provide not less than 70 per-
cent of grant funds to local boards for the pur-
pose of carrying out activities in subsection (f); 
(B) may use up to 20 percent of such funds 
to make subgrants to community-based organiza-
tions in the service area to conduct outreach, to 
potential eligible individuals, as described in 
subsection (d); 
(C) in providing funds to local boards and 
awarding subgrants under this subsection shall 
ensure the equitable distribution with respect to 
the factors described in subsection (c)(5); and 
(D) may use not more than 10 percent of 
the funds awarded under this section for the ad-
ministrative costs of carrying out the grant and 
for providing technical assistance to local boards 
and community-based organizations. 
(3) LOCAL
BOARD
USE
OF
FUNDS.—A local 
board, or an eligible entity that is a local board, shall 
use—
1248 
(A) not less than 60 percent of the funds for 
recruitment and training for COVID–19 testing, 
contact tracing, surveillance, containment, and 
mitigation established under section 561; 
(B) not less than 30 of the funds to support 
the transition of individuals hired as contact 
tracers and related positions into an education 
or training program, or unsubsidized employ-
ment upon completion of such positions; and 
(C) not more than 10 percent of the funds 
for administrative costs. 
(f) ELIGIBLE ACTIVITIES.—The State or local boards 
shall use funds awarded under this section to support the 
recruitment and placement of eligible individuals, training 
and employment transition as related to contact tracing 
and related positions, and for the following activities: 
(1) Establishing or expanding partnerships 
with— 
(A) State, local, Tribal, and territorial pub-
lic health departments; 
(B) community-based health providers, in-
cluding community health centers and rural 
health clinics; 
(C) labor organizations or joint labor man-
agement organizations;
1249 
(D) two-year and four-year institutions of 
higher education (as defined in section 101 of the 
Higher Education Act of 1965 (20 U.S.C. 
1001)), including institutions eligible to receive 
funds under section 371(a) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1067q(a)); and 
(E) community action agencies or other 
community-based organizations serving local 
areas in which there is a demand for contact 
tracing and related positions. 
(2) Providing training for contact tracing and 
related positions in coordination with State, local, 
Tribal, or territorial health departments that is con-
sistent with the State or territorial testing and con-
tact tracing strategy, and ensuring that eligible indi-
viduals receive compensation while participating in 
such training. 
(3) Providing eligible individuals with— 
(A) adequate and safe equipment, environ-
ments, and facilities for training and super-
vision, as applicable; 
(B) information regarding the wages and 
benefits related to contact tracing and related po-
sitions, as compared to State, local, and national 
averages;
1250 
(C) supplies and equipment needed by the 
eligible individuals to support placement of an 
individual in contact tracing and related posi-
tions, as applicable; 
(D) an individualized employment plan for 
each eligible individual, as applicable— 
(i) in coordination with the entity em-
ploying the eligible individual in a contact 
tracing and related positions; and 
(ii) which shall include providing a 
case manager to work with each eligible in-
dividual to develop the plan, which may in-
clude— 
(I) identifying employment and 
career goals, and setting appropriate 
achievement objectives to attain such 
goals; and 
(II) exploring career pathways 
that lead to in-demand industries and 
sectors, including in public health and 
related occupations; and 
(E) services for the period during which the 
eligible individual is employed in a contact trac-
ing and related position to ensure job retention, 
which may include—
1251 
(i) supportive services throughout the 
term of employment; 
(ii) a continuation of skills training as 
related to employment in contact tracing 
and related positions, that is conducted in 
collaboration with the employers of such in-
dividuals; 
(iii) mentorship services and job reten-
tion support for eligible individuals; or 
(iv) targeted training for managers 
and workers working with eligible individ-
uals (such as mentors), and human resource 
representatives; 
(4) Supporting the transition and placement in 
unsubsidized employment for eligible individuals serv-
ing in contact tracing and related positions after such 
positions are no longer necessary in the State or local 
area, including— 
(A) any additional training and employ-
ment activities as described in section 170(d)(4) 
of the Workforce Innovation and Opportunity 
Act (29 U.S.C. 3225(d)(4)); 
(B) developing the appropriate combination 
of services to enable the eligible individual to
1252 
achieve the employment and career goals identi-
fied under paragraph (3)(D)(ii)(I); and 
(C) services to assist eligible individuals in 
maintaining employment for not less than 12 
months after the completion of employment in 
contact tracing and related positions, as appro-
priate. 
(5) Any other activities as described in sub-
sections (a)(3) and (b) of section 134 of the Workforce 
Innovation and Opportunity Act (29 U.S.C. 3174). 
(g) 
LIMITATION.—Notwithstanding 
section 
170(d)(3)(A) of the Workforce Innovation and Opportunity 
Act (29 U.S.C. 3225(d)(3)(A)), a person may be employed 
in a contact tracing and related positions using funds 
under this section for a period not greater than 2 years. 
(h) REPORTING BY THE DEPARTMENT OF LABOR.— 
(1) IN GENERAL.—Not later than 120 days of the 
enactment of this Act, and once grant funds have been 
expended under this section, the Secretary shall report 
to the Committee on Education and Labor of the 
House of Representatives and the Committee on 
Health, Education, Labor and Pensions of the Senate, 
and make publicly available a report containing a de-
scription of—
1253 
(A) the number of eligible individuals re-
cruited, hired, and trained in contact tracing 
and related positions; 
(B) the number of individuals successfully 
transitioned to unsubsidized employment or 
training at the completion of employment in 
contact tracing and related positions using funds 
under this subtitle; 
(C) the number of such individuals who 
were unemployed prior to being hired, trained, 
or deployed as described in paragraph (1); 
(D) the performance of each program sup-
ported by funds under this subtitle with respect 
to the indicators of performance under section 
116 of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3141), as applicable; 
(E) the number of individuals in unsub-
sidized employment within six months and 1 
year, respectively, of the conclusion of employ-
ment in contact tracing and related positions 
and, of those, the number of individuals within 
a State, territorial, or local public health depart-
ment in an occupation related to public health; 
(F) any information on how eligible enti-
ties, local boards, or community-based organiza-
1254 
tions that received funding under this subsection 
were able to support the goals of the national 
system for COVID–19 testing, contact tracing, 
surveillance, containment, and mitigation estab-
lished under section 561 of this Act; and 
(G) best practices for improving and in-
creasing the transition of individuals employed 
in contract tracing and related positions to un-
subsidized employment. 
(2) DISAGGREGATION.—All data reported under 
paragraph (1) shall be disaggregated by race, eth-
nicity, sex, age, and, with respect to individuals with 
barriers to employment, subpopulation of such indi-
viduals, except for when the number of participants 
in a category is insufficient to yield statistically reli-
able information or when the results would reveal per-
sonally identifiable information about an individual 
participant. 
(i) SPECIAL RULE.—Any funds used for programs 
under this section that are used to fund an apprenticeship 
or apprenticeship program shall only be used for, or pro-
vided to, an apprenticeship or apprenticeship program that 
meets the definition of such term subsection (a) of this sec-
tion, including any funds awarded for the purposes of 
grants, contracts, or cooperative agreements, or the develop-
1255 
ment, implementation, or administration, of an apprentice-
ship or an apprenticeship program. 
(j) 
INFORMATION
SHARING
REQUIREMENT
FOR 
HHS.—The Secretary of Health and Human Services, act-
ing through the Director of the Centers for Disease Control 
and Prevention, shall provide the Secretary of Labor, acting 
through the Assistant Secretary of the Employment and 
Training Administration, with information on grants 
under section 562, including— 
(1) the formula used to award such grants to 
State, local, Tribal, and territorial health depart-
ments; 
(2) the dollar amounts of and scope of the work 
funded under such grants; 
(3) the geographic areas served by eligible enti-
ties that receive such grants; and 
(4) the number of contact tracers and related po-
sitions to be hired using such grants. 
(k) AUTHORIZATION
OF APPROPRIATIONS.—Of the 
amounts 
appropriated 
to 
carry 
out 
this 
subtitle, 
$500,000,000 shall be used by the Secretary of Labor to 
carry out subsections (a) through (h) of this section.
1256 
SEC. 567. APPLICATION OF THE SERVICE CONTRACT ACT TO 
CONTRACTS AND GRANTS. 
Contracts and grants which include contact tracing as 
part of the scope of work and that are awarded under this 
subtitle shall require that contract tracers and related posi-
tions are paid not less than the prevailing wage and fringe 
rates required under chapter 67 of title 41, United States 
Code (commonly known as the ‘‘Service Contract Act’’) for 
the area in which the work is performed. To the extent that 
a nonstandard wage determination is required to establish 
a prevailing wage for contact tracers and related positions 
for purposes of this subtitle, the Secretary of Labor shall 
issue such determination not later than 14 days after the 
date of enactment of this Act, based on a job description 
used by the Centers for Disease Control and Prevention and 
contractors or grantees performing contact tracing for State 
public health agencies. 
SEC. 568. AUTHORIZATION OF APPROPRIATIONS. 
To carry out this subtitle, there are authorized to be 
appropriated $75,000,000,000, to remain available until 
expended.
1257 
Subtitle E—Demographic Data and 
Supply 
Reporting 
Related 
to 
COVID–19 
SEC. 571. COVID–19 REPORTING PORTAL. 
(a) IN GENERAL.—Not later than 15 days after the 
date of enactment of this Act, the Secretary shall establish 
and maintain an online portal for use by eligible health 
care entities to track and transmit data regarding their 
personal protective equipment and medical supply inven-
tory and capacity related to COVID–19. 
(b) ELIGIBLE HEALTH CARE ENTITIES.—In this sec-
tion, the term ‘‘eligible health care entity’’ means a licensed 
acute care hospital, hospital system, or long-term care facil-
ity with confirmed cases of COVID–19. 
(c) SUBMISSION.—An eligible health care entity shall 
report using the portal under this section on a biweekly 
basis in order to assist the Secretary in tracking usage and 
need of COVID–related supplies and personnel in a regular 
and real-time manner. 
(d) INCLUDED INFORMATION.—The Secretary shall de-
sign the portal under this section to include information 
on personal protective equipment and medical supply in-
ventory and capacity related to COVID–19, including with 
respect to the following:
1258 
(1) PERSONAL PROTECTIVE EQUIPMENT.—Total 
personal protective equipment inventory, including, 
in units, the numbers of N95 masks and authorized 
equivalent respirator masks, surgical masks, exam 
gloves, face shields, isolation gowns, and coveralls. 
(2) MEDICAL SUPPLY.— 
(A) Total ventilator inventory, including, 
in units, the number of universal, adult, pedi-
atric, and infant ventilators. 
(B) Total diagnostic and serological test in-
ventory, including, in units, the number of test 
platforms, tests, test kits, reagents, transport 
media, swabs, and other materials or supplies 
determined necessary by the Secretary. 
(3) CAPACITY.— 
(A) Case count measurements, including 
confirmed positive cases and persons under in-
vestigation. 
(B) Total number of staffed beds, including 
medical surgical beds, intensive care beds, and 
critical care beds. 
(C) Available beds, including medical sur-
gical beds, intensive care beds, and critical care 
beds.
1259 
(D) Total number of COVID–19 patients 
currently utilizing a ventilator. 
(E) Average number of days a COVID–19 
patient is utilizing a ventilator. 
(F) Total number of additionally needed 
professionals in each of the following categories: 
intensivists, critical care physicians, respiratory 
therapists, registered nurses, certified registered 
nurse anesthetists, and laboratory personnel. 
(G) Total number of hospital personnel cur-
rently not working due to self-isolation following 
a known or presumed COVID–19 exposure. 
(e) ACCESS TO INFORMATION RELATED TO INVENTORY 
AND CAPACITY.—The Secretary shall ensure that relevant 
agencies and officials, including the Centers for Disease 
Control and Prevention, the Assistant Secretary for Pre-
paredness and Response, and the Federal Emergency Man-
agement Agency, have access to information related to in-
ventory and capacity submitted under this section. 
(f) WEEKLY REPORT TO CONGRESS.—On a weekly 
basis, the Secretary shall transmit information related to 
inventory and capacity submitted under this section to the 
appropriate committees of the House and Senate.
1260 
SEC. 572. REGULAR CDC REPORTING ON DEMOGRAPHIC 
DATA. 
Not later than 14 days after the date of enactment of 
this Act, the Secretary, in coordination with the Director 
of the Centers for Disease Control and Prevention, shall 
amend the reporting under the heading ‘‘Department of 
Health and Human Services—Office of the Secretary— 
Public Health and Social Service Emergency Fund’’ in title 
I of division B of the Paycheck Protection Program and 
Health Care Enhancement Act (Public Law 116–139; 134 
Stat. 620, 626) on the demographic characteristics, includ-
ing race, ethnicity, age, sex, gender, geographic region, and 
other relevant factors of individuals tested for or diagnosed 
with COVID–19, to include— 
(1) providing technical assistance to State, local, 
and territorial health departments to improve the col-
lection and reporting of such demographic data; 
(2) if such data is not so collected or reported, 
the reason why the State, local, or territorial depart-
ment of health has not been able to collect or provide 
such information; and 
(3) making a copy of such report available pub-
licly on the website of the Centers for Disease Control 
and Prevention.
1261 
SEC. 573. FEDERAL MODERNIZATION FOR HEALTH INEQUI-
TIES DATA. 
(a) IN GENERAL.—The Secretary shall work with cov-
ered agencies to support the modernization of data collec-
tion methods and infrastructure at such agencies for the 
purpose of increasing data collection related to health in-
equities, such as racial, ethnic, socioeconomic, sex, gender, 
and disability disparities. 
(b) COVERED AGENCY DEFINED.—In this section, the 
term ‘‘covered agency’’ means each of the following Federal 
agencies: 
(1) The Agency for Healthcare Research and 
Quality. 
(2) The Centers for Disease Control and Preven-
tion. 
(3) The Centers for Medicare & Medicaid Serv-
ices. 
(4) The Food and Drug Administration. 
(5) The Office of the National Coordinator for 
Health Information Technology. 
(6) The National Institutes of Health. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to each covered agency to 
carry out this section $4,000,000, to remain available until 
expended.
1262 
SEC. 574. MODERNIZATION OF STATE AND LOCAL HEALTH 
INEQUITIES DATA. 
(a) IN GENERAL.—Not later than 6 months after the 
date of enactment of this Act, the Secretary, acting through 
the Director of the Centers for Disease Control and Preven-
tion, shall award grants to State, local, and territorial 
health departments in order to support the modernization 
of data collection methods and infrastructure for the pur-
poses of increasing data related to health inequities, such 
as racial, ethnic, socioeconomic, sex, gender, and disability 
disparities. The Secretary shall— 
(1) provide guidance, technical assistance, and 
information to grantees under this section on best 
practices regarding culturally competent, accurate, 
and increased data collection and transmission; and 
(2) track performance of grantees under this sec-
tion to help improve their health inequities data col-
lection by identifying gaps and taking effective steps 
to support States, localities, and territories in ad-
dressing the gaps. 
(b) REPORT.—Not later than 1 year after the date on 
which the first grant is awarded under this section, the Sec-
retary shall submit to the Committee on Energy and Com-
merce of the House of Representatives and the Committee 
on Health, Education, Labor and Pensions of the Senate 
an initial report detailing—
1263 
(1) nationwide best practices for ensuring States 
and localities collect and transmit health inequities 
data; 
(2) nationwide trends which hinder the collection 
and transmission of health inequities data; 
(3) Federal best practices for working with 
States and localities to ensure culturally competent, 
accurate, and increased data collection and trans-
mission; and 
(4) any recommended changes to legislative or 
regulatory authority to help improve and increase 
health inequities data collection. 
(c) FINAL REPORT.—Not later than three months after 
the end of the public health emergency declared pursuant 
to section 319 of the Public Health Service Act (42 U.S.C. 
247d) with respect to COVID–19, the Secretary shall— 
(1) update and finalize the initial report under 
subsection (b); and 
(2) submit such final report to the committees 
specified in such subsection. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$100,000,000, to remain available until expended.
1264 
SEC. 575. TRIBAL FUNDING TO RESEARCH HEALTH INEQUI-
TIES INCLUDING COVID–19. 
(a) IN GENERAL.—Not later than 6 months after the 
date of enactment of this Act, the Director of the Indian 
Health Service, in coordination with Tribal Epidemiology 
Centers and other Federal agencies, as appropriate, shall 
conduct or support research and field studies for the pur-
poses of improved understanding of Tribal health inequities 
among American Indians and Alaska Natives, including 
with respect to— 
(1) disparities related to COVID–19; 
(2) public health surveillance and infrastructure 
regarding unmet needs in Indian country and Urban 
Indian communities; 
(3) population-based health disparities; 
(4) barriers to health care services; 
(5) the impact of socioeconomic status; and 
(6) factors contributing to Tribal health inequi-
ties. 
(b) CONSULTATION, CONFER, AND COORDINATION.—In 
carrying out this section, the Director of the Indian Health 
Service shall— 
(1) consult with Indian Tribes and Tribal orga-
nizations; 
(2) confer with Urban Indian organizations; and
1265 
(3) coordinate with the Director of the Centers 
for Disease Control and Prevention and the Director 
of the National Institutes of Health. 
(c) PROCESS.—Not later than 60 days after the date 
of enactment of this Act, the Director of the Indian Health 
Service shall establish a nationally representative panel to 
establish processes and procedures for the research and field 
studies conducted or supported under subsection (a). The 
Director shall ensure that, at a minimum, the panel con-
sists of the following individuals: 
(1) Elected Tribal leaders or their designees. 
(2) Tribal public health practitioners and ex-
perts from the national and regional levels. 
(d) DUTIES.—The panel established under subsection 
(c) shall, at a minimum— 
(1) advise the Director of the Indian Health 
Service on the processes and procedures regarding the 
design, implementation, and evaluation of, and re-
porting on, research and field studies conducted or 
supported under this section; 
(2) develop and share resources on Tribal public 
health data surveillance and reporting, including best 
practices; and 
(3) carry out such other activities as may be ap-
propriate to establish processes and procedures for the
1266 
research and field studies conducted or supported 
under subsection (a). 
(e) REPORT.—Not later than 1 year after expending 
all funds made available to carry out this section, the Direc-
tor of the Indian Health Service, in coordination with the 
panel established under subsection (c), shall submit an ini-
tial report on the results of the research and field studies 
under this section to— 
(1) the Committee on Energy and Commerce and 
the Committee on Natural Resources of the House of 
Representatives; and 
(2) the Committee on Indian Affairs and the 
Committee on Health, Education, Labor and Pen-
sions of the Senate. 
(f) TRIBAL DATA SOVEREIGNTY.—The Director of the 
Indian Health Service shall ensure that all research and 
field studies conducted or supported under this section are 
tribally-directed and carried out in a manner which en-
sures Tribal-direction of all data collected under this sec-
tion— 
(1) according to Tribal best practices regarding 
research design and implementation, including by en-
suring the consent of the Tribes involved to public re-
porting of Tribal data;
1267 
(2) according to all relevant and applicable 
Tribal, professional, institutional, and Federal stand-
ards for conducting research and governing research 
ethics; 
(3) with the prior and informed consent of any 
Indian Tribe participating in the research or sharing 
data for use under this section; and 
(4) in a manner that respects the inherent sov-
ereignty of Indian Tribes, including Tribal govern-
ance of data and research. 
(g) FINAL REPORT.—Not later than three months after 
the end of the public health emergency declared pursuant 
to section 319 of the Public Health Service Act (42 U.S.C. 
247d) with respect to COVID–19, the Director of the Indian 
Health Service shall— 
(1) update and finalize the initial report under 
subsection (e); and 
(2) submit such final report to the committees 
specified in such subsection. 
(h) DEFINITIONS.—In this section: 
(1) The terms ‘‘Indian Tribe’’ and ‘‘Tribal orga-
nization’’ have the meanings given to such terms in 
section 4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304).
1268 
(2) The term ‘‘Urban Indian organization’’ has 
the meaning given to such term in section 4 of the In-
dian Health Care Improvement Act (25 U.S.C. 1603). 
(i) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$25,000,000, to remain available until expended. 
SEC. 576. CDC FIELD STUDIES PERTAINING TO SPECIFIC 
HEALTH INEQUITIES. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Secretary, acting through 
the Centers for Disease Control and Prevention, in collabo-
ration with State, local, and territorial health departments, 
shall complete (by the reporting deadline in subsection (b)) 
field studies to better understand health inequities that are 
not currently tracked by the Secretary. Such studies shall 
include an analysis of— 
(1) the impact of socioeconomic status on health 
care access and disease outcomes, including COVID– 
19 outcomes; 
(2) the impact of disability status on health care 
access and disease outcomes, including COVID–19 
outcomes; 
(3) the impact of language preference on health 
care access and disease outcomes, including COVID– 
19 outcomes;
1269 
(4) factors contributing to disparities in health 
outcomes for the COVID–19 pandemic; and 
(5) other topics related to disparities in health 
outcomes for the COVID–19 pandemic, as determined 
by the Secretary. 
(b) REPORT.—Not later than December 31, 2021, the 
Secretary shall submit to the Committee on Energy and 
Commerce of the House of Representatives and the Com-
mittee on Health, Education, Labor and Pensions of the 
Senate an initial report on the results of the field studies 
under this section. 
(c) FINAL REPORT.—Not later than three months after 
the end of the public health emergency declared pursuant 
to section 319 of the Public Health Service Act (42 U.S.C. 
247d) with respect to COVID–19, the Secretary shall— 
(1) update and finalize the initial report under 
subsection (b); and 
(2) submit such final report to the committees 
specified in such subsection. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$25,000,000, to remain available until expended.
1270 
SEC. 577. ADDITIONAL REPORTING TO CONGRESS ON THE 
RACE AND ETHNICITY RATES OF COVID–19 
TESTING, HOSPITALIZATIONS, AND MORTALI-
TIES. 
(a) IN GENERAL.—Not later than 30 days after the 
date of enactment of this Act, the Secretary shall submit 
to the Committee on Appropriations and the Committee on 
Energy and Commerce of the House of Representatives and 
the Committee on Appropriations and the Committee on 
Health, Education, Labor and Pensions of the Senate an 
initial report— 
(1) describing the testing, positive diagnoses, hos-
pitalization, intensive care admissions, and mortality 
rates associated with COVID–19, disaggregated by 
race, ethnicity, age, sex, gender, geographic region, 
and other relevant factors as determined by the Sec-
retary; 
(2) including an analysis of any variances of 
testing, positive diagnoses, hospitalizations, and 
deaths by demographic characteristics; and 
(3) including proposals for evidenced-based re-
sponse strategies to reduce disparities related to 
COVID–19. 
(b) FINAL REPORT.—Not later than three months after 
the end of the public health emergency declared pursuant
1271 
to section 319 of the Public Health Service Act (42 U.S.C. 
247d) with respect to COVID–19, the Secretary shall— 
(1) update and finalize the initial report under 
subsection (a); and 
(2) submit such final report to the committees 
specified in such subsection. 
(c) COORDINATION.—In preparing the report sub-
mitted under this section, the Secretary shall take into ac-
count and otherwise coordinate such report with reporting 
required under section 572 and under the heading ‘‘Depart-
ment of Health and Human Services—Office of the Sec-
retary—Public Health and Social Service Emergency 
Fund’’ in title I of division B of the Paycheck Protection 
Program and Health Care Enhancement Act (Public Law 
116–139; 134 Stat. 620, 626). 
Subtitle F—Miscellaneous 
SEC. 581. TECHNICAL CORRECTIONS TO AMENDMENTS 
MADE BY CARES ACT. 
(a) The amendments made by this section shall take 
effect as if included in the enactment of the CARES Act 
(Public Law 116–136). 
(b) Section 3112 of division A of the CARES Act (Pub-
lic Law 116–136) is amended— 
(1) in subsection (a)(2)(A), by striking the 
comma before ‘‘or a permanent’’;
1272 
(2) in subsection (d)(1), by striking ‘‘and sub-
paragraphs (A) and (B)’’ and inserting ‘‘as subpara-
graphs (A) and (B)’’; and 
(3) in subsection (e), by striking ‘‘Drug, Cos-
metic Act’’ and inserting ‘‘Drug, and Cosmetic Act’’. 
(c) Section 6001(a)(1)(D) of division F of the Families 
First Coronavirus Response Act (Public Law 116–127), as 
amended by section 3201 of division A of the CARES Act 
(Public Law 116–136), is amended by striking ‘‘other test 
that’’. 
(d) Subsection (k)(9) of section 543 of the Public 
Health Service Act (42 U.S.C. 290dd–2), as added by sec-
tion 3221(d) of division A of the CARES Act (Public Law 
116–136), is amended by striking ‘‘unprotected health infor-
mation’’ and inserting ‘‘unsecured protected health infor-
mation’’. 
(e) Section 3401(2)(D) of division A of the CARES 
Act (Public Law 116–136), is amended by striking ‘‘Not 
Later than’’ and inserting ‘‘Not later than’’. 
(f) Section 831(f) of the Public Health Service Act, as 
redesignated by section 3404(a)(6)(E) and amended by sec-
tion 3404(a)(6)(G) of division A of the CARES Act (Public 
Law 116–136), is amended by striking ‘‘a health care facil-
ity, or a partnership of such a school and facility’’.
1273 
(g) Section 846(i) of the Public Health Service Act, 
as amended by section 3404(a)(8)(C) of division A of the 
CARES Act (Public Law 116–136), is amended by striking 
‘‘871(b),,’’ and inserting ‘‘871(b),’’. 
(h) Section 3606(a)(1)(A) of division A of the CARES 
Act (Public Law 116–136) is amended by striking ‘‘In gen-
eral’’ and inserting ‘‘IN GENERAL’’. 
(i) Section 3856(b)(1) of division A of the CARES Act 
(Public Law 116–136) is amended to read as follows: 
‘‘(1) IN
GENERAL.—Section 905(b)(4) of the 
FDA Reauthorization Act of 2017 (Public Law 115– 
52) is amended by striking ‘Section 744H(e)(2)(B) of 
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
379j–52(e)(2)(B))’ 
and 
inserting 
‘Section 
744H(f)(2)(B) of the Federal Food, Drug, and Cos-
metic Act, as redesignated by section 403(c)(1) of this 
Act,’.’’. 
TITLE VI—PUBLIC HEALTH 
ASSISTANCE 
SEC. 601. DEFINITION. 
In this title, the term ‘‘Secretary’’ means the Secretary 
of Health and Human Services.
1274 
Subtitle A—Assistance to Providers 
and Health System 
SEC. 611. HEALTH CARE PROVIDER RELIEF FUND. 
(a) IN GENERAL.—Not later than 7 days after the date 
of enactment of this Act, the Secretary, acting through the 
Administrator of the Health Resources and Services Admin-
istration, shall establish a program under which the Sec-
retary shall reimburse, through grants or other mechanisms, 
eligible health care providers for eligible expenses or lost rev-
enues occurring during calendar quarters beginning on or 
after January 1, 2020, to prevent, prepare for, and respond 
to COVID–19, in an amount calculated under subsection 
(c). 
(b) QUARTERLY BASIS.— 
(1) SUBMISSION
OF
APPLICATIONS.—The Sec-
retary shall give applicants a period of 7 calendar 
days after the close of a quarter to submit applica-
tions under this section with respect to such quarter, 
except that the Secretary shall give applicants a pe-
riod of 7 calendar days after the date of enactment 
of this Act to submit applications with respect to the 
quarters beginning on January 1 and April 1, 2020, 
if the applicant has not previously submitted an ap-
plication with the respect to such quarters.
1275 
(2) REVIEW
AND
PAYMENT.—The Secretary 
shall— 
(A) review applications and make awards 
of reimbursement under this section on a quar-
terly basis; and 
(B) award the reimbursements under this 
section for a quarter not later than 14 calendar 
days after the close of the quarter, except that the 
Secretary shall award the reimbursements under 
this section for the quarters beginning on Janu-
ary 1 and April 1, 2020, not later than 14 cal-
endar days after the date of enactment of this 
Act. 
(c) CALCULATION.— 
(1) IN GENERAL.—The amount of the reimburse-
ment to an eligible health care provider under this 
section with respect to a calendar quarter shall 
equal— 
(A) the sum of— 
(i) 100 percent of the eligible expenses, 
as described in subsection (d), of the pro-
vider during the quarter; and 
(ii) subject to paragraph (3), 60 per-
cent of the lost revenues, as described in
1276 
subsection (e), of the provider during the 
quarter; less 
(B) any funds that are— 
(i) received by the provider during the 
quarter pursuant to the Coronavirus Pre-
paredness and Response Supplemental Ap-
propriations Act, 2020 (Public Law 116– 
123), the Families First Coronavirus Re-
sponse Act (Public Law 116–127), the 
CARES Act (Public Law 116–136), or the 
Paycheck Protection Program and Health 
Care Enhancement Act (Public Law 116– 
139); and 
(ii) not required to be repaid. 
(2) CARRYOVER.—If the amount determined 
under paragraph (1)(B) for a calendar quarter with 
respect to an eligible health care provider exceeds the 
amount determined under paragraph (1)(A) with re-
spect to such provider and quarter, the amount of 
such difference shall be applied in making the cal-
culation under this subsection, over each subsequent 
calendar quarter for which the eligible health care 
provider seeks reimbursement under this section. 
(3) LOST REVENUE LIMITATION.—If the amount 
determined under subsection (e) with respect to the
1277 
lost revenue of an eligible health care provider for a 
calendar quarter does not exceed an amount that 
equals 10 percent of the net patient revenue (as de-
fined in such subsection) of the provider for the cor-
responding quarter in 2019, the addend under para-
graph (1)(A)(ii), in making the calculation under 
paragraph (1), is deemed to be zero. 
(d) ELIGIBLE
EXPENSES.—Subject to subsection 
(h)(1), expenses eligible for reimbursement under this sec-
tion include expenses for— 
(1) building or construction of temporary struc-
tures; 
(2) leasing of properties; 
(3) medical supplies and equipment including 
personal protective equipment; 
(4) in vitro diagnostic tests, serological tests, or 
testing supplies; 
(5) increased workforce and trainings; 
(6) emergency operation centers; 
(7) construction or retrofitting of facilities; 
(8) mobile testing units; 
(9) surge capacity; 
(10) retention of workforce; and
1278 
(11) such other items and services as the Sec-
retary determines to be appropriate, in consultation 
with relevant stakeholders. 
(e) LOST REVENUES.— 
(1) IN GENERAL.—Subject to subsection (h)(1), 
for purposes of subsection (c)(1)(A)(ii), the lost reve-
nues of an eligible health care provider, with respect 
to the calendar quarter involved, shall be equal to— 
(A) net patient revenue of the provider for 
the corresponding quarter in 2019 minus net pa-
tient revenue of the provider for such quarter; 
less 
(B) the savings of the provider during the 
calendar quarter involved attributable to fore-
gone wages, payroll taxes, and benefits of per-
sonnel who were furloughed or laid off by the 
provider during that quarter. 
(2) NET PATIENT REVENUE DEFINED.—For pur-
poses of paragraph (1)(A), the term ‘‘net patient rev-
enue’’, with respect to an eligible health care provider 
and a calendar quarter, means the sum of— 
(A) 200 percent of the total amount of reim-
bursement received by the provider during the 
quarter for all items and services furnished 
under a State plan or a waiver of a State plan
1279 
under title XIX of the Social Security Act (42 
U.S.C. 1396 et seq.); 
(B) 125 percent of the total amount of reim-
bursement received by the provider during the 
quarter for all items and services furnished 
under title XVIII of the Social Security Act (42 
U.S.C. 1395 et seq.); and 
(C) 100 percent of the total amount of reim-
bursement not described in subparagraph (A) or 
(B) received by the provider during the quarter 
for all items and services. 
(f) INSUFFICIENT FUNDS FOR A QUARTER.—If there 
are insufficient funds made available to reimburse all eligi-
ble health care providers for all eligible expenses and lost 
revenues for a quarter in accordance with this section, the 
Secretary shall— 
(1) prioritize reimbursement of eligible expenses; 
and 
(2) using the entirety of the remaining funds, 
uniformly reduce the percentage of lost revenues other-
wise applicable under subsection (c)(1)(A)(ii) to the 
extent necessary to reimburse a portion of the lost rev-
enues of all eligible health care providers applying for 
reimbursement.
1280 
(g) APPLICATION.—A health care provider seeking re-
imbursement under this section for a calendar quarter shall 
submit to the Secretary an application that— 
(1) provides documentation demonstrating that 
the health care provider is an eligible health care pro-
vider; 
(2) includes a valid tax identification number of 
the health care provider or, if the health care provider 
does not have a valid tax identification number, an 
employer identification number or such other identi-
fication number as the Secretary may accept or may 
assign; 
(3) attests to the eligible expenses and lost reve-
nues of the health care provider, as described in sub-
section (d), occurring during the calendar quarter; 
(4) includes an itemized listing of each such eli-
gible expense, including expenses incurred in pro-
viding uncompensated care; 
(5) for purposes of subsection (c)(3), attests to 
whether the amount determined under subsection (e) 
with respect to the lost revenue of an eligible health 
care provider for a calendar quarter exceeds an 
amount that equals 10 percent of the net patient rev-
enue (as defined in such subsection) of the provider 
for the corresponding quarter in 2019;
1281 
(6) includes projections of the eligible expenses 
and lost revenues of the health care provider, as de-
scribed in subsection (c), for the calendar quarter that 
immediately follows the calendar quarter for which 
reimbursement is sought; and 
(7) indicates the dollar amounts described in 
each of subparagraphs (A) and (B) of subsection 
(e)(1) and subparagraphs (A), (B), and (C) of sub-
section (e)(2) for the calendar quarter and any other 
information the Secretary determines necessary to de-
termine expenses and lost revenue related to COVID– 
19. 
(h) LIMITATIONS.— 
(1) NO
DUPLICATIVE
REIMBURSEMENT.—The 
Secretary may not provide, and a health care pro-
vider may not accept, reimbursement under this sec-
tion for expenses or losses with respect to which— 
(A) the eligible health care provider is reim-
bursed from other sources; or 
(B) other sources are obligated to reimburse 
the provider. 
(2) NO EXECUTIVE COMPENSATION.—Reimburse-
ment for eligible expenses (as described in subsection 
(d)) and lost revenues (as described in subsection (e)) 
shall not include compensation or benefits, including
1282 
salary, bonuses, awards of stock, or other financial 
benefits, for an officer or employee described in sec-
tion 4004(a)(2) of the CARES Act (Public Law 116– 
136). 
(i) NO BALANCE BILLING AS CONDITION OF RECEIPT 
OF FUNDS.— 
(1) PROTECTING
INDIVIDUALS
ENROLLED
IN 
HEALTH PLANS.—As a condition of receipt of reim-
bursement under this section, a health care provider, 
in the case such provider furnishes during the emer-
gency period described in section 1135(g)(1)(B) of the 
Social Security Act (42 U.S.C. 1320b–5(g)(1)(B)) 
(whether before, on, or after, the date on which the 
provider submits an application under this section) a 
medically necessary item or service described in sub-
paragraph (A), (B), or (C) of paragraph (3) to an in-
dividual who is described in such subparagraph (A), 
(B), or (C), respectively, and enrolled in a group 
health plan or group or individual health insurance 
coverage offered by a health insurance issuer (includ-
ing grandfathered health plans as defined in section 
1251(e) of the Patient Protection and Affordable Care 
Act (42 U.S.C. 18011(e)) and such provider is a non-
participating provider, with respect to such plan or 
coverage or with respect to such item or service, and
1285 
subsection (g)(4)) with respect to such med-
ical care); and 
(B) if such claim is eligible for such reim-
bursement— 
(i) shall consider the amount of such 
reimbursement as payment in full with re-
spect to such item or service so furnished to 
such individual; 
(ii) may not bill or otherwise hold lia-
ble such individual for any payment for 
such item or service so furnished to such in-
dividual; and 
(iii) shall reimburse such individual in 
a timely manner for any amount for such 
item or service paid by the individual to 
such provider. 
(3) MEDICALLY NECESSARY ITEMS AND SERVICES 
DESCRIBED.—For purposes of this subsection, medi-
cally necessary items and services described in this 
paragraph are— 
(A) medically necessary items and services 
(including in-person or telehealth visits in which 
such items and services are furnished) that are 
furnished to an individual who has been diag-
nosed with (or after provision of the items and
1286 
services is diagnosed with) COVID–19 to treat or 
mitigate the effects of COVID–19; 
(B) medically necessary items and services 
(including in-person or telehealth visits in which 
such items and services are furnished) that are 
furnished to an individual who is presumed, in 
accordance with paragraph (4), to have COVID– 
19 but is never diagnosed as such; and 
(C) a diagnostic test (and administration of 
such test) as described in section 6001(a) of divi-
sion F of the Families First Coronavirus Re-
sponse Act (42 U.S.C. 1320b–5 note) adminis-
tered to an individual. 
(4) PRESUMPTIVE CASE OF COVID–19.—For pur-
poses of paragraph (3)(B), an individual shall be pre-
sumed to have COVID–19 if the medical record docu-
mentation of the individual supports a diagnosis of 
COVID–19, even if the individual does not have a 
positive in vitro diagnostic test result in the medical 
record of the individual. 
(5) PENALTY.—In the case of an eligible health 
care provider that is paid a reimbursement under this 
section and that is in violation of paragraph (1) or 
(2), in addition to any other penalties that may be 
prescribed by law, the Secretary may recoup from
1287 
such provider up to the full amount of reimbursement 
the provider receives under this section. 
(6) DEFINITIONS.—In this subsection: 
(A) 
NONPARTICIPATING
PROVIDER.—The 
term ‘‘nonparticipating provider’’ means, with 
respect to an item or service and group health 
plan or group or individual health insurance 
coverage offered by a health insurance issuer, a 
health care provider that does not have a con-
tractual relationship directly or indirectly with 
the plan or issuer, respectively, for furnishing 
such an item or service under the plan or cov-
erage. 
(B) PARTICIPATING
PROVIDER.—The term 
‘‘participating provider’’ means, with respect to 
an item or service and group health plan or 
group or individual health insurance coverage of-
fered by a health insurance issuer, a health care 
provider that has a contractual relationship di-
rectly or indirectly with the plan or issuer, re-
spectively, for furnishing such an item or service 
under the plan or coverage. 
(C) GROUP HEALTH PLAN, HEALTH INSUR-
ANCE
COVERAGE.—The terms ‘‘group health 
plan’’, ‘‘health insurance issuer’’, ‘‘group health
1288 
insurance coverage’’, and ‘‘individual health in-
surance coverage’’ shall have the meanings given 
such terms under section 2791 of the Public 
Health Service Act (42 U.S.C. 300gg–91). 
(D) UNINSURED
INDIVIDUAL.—The term 
‘‘uninsured individual’’ shall have the meaning 
given 
such 
term 
in 
the 
Families 
First 
Coronavirus Response Act (Public Law 116–127) 
for purposes of the additional amount made 
available under such Act to the Public Health 
and Social Services Emergency Fund for activi-
ties authorized under section 2812 of the Public 
Health Service Act (42 U.S.C. 300hh–11). 
(j) REPORTS.— 
(1) AWARD INFORMATION.—In making awards 
under this section, the Secretary shall post in a 
searchable, electronic format, a list of all recipients 
and awards pursuant to funding authorized under 
this section. 
(2) REPORTS BY RECIPIENTS.—Each recipient of 
an award under this section shall, as a condition on 
receipt of such award, submit reports and maintain 
documentation, in such form, at such time, and con-
taining such information, as the Secretary determines 
is needed to ensure compliance with this section.
1289 
(3) PUBLIC LISTING OF AWARDS.—The Secretary 
shall— 
(A) not later than 7 days after the date of 
enactment of this Act, post in a searchable, elec-
tronic format, a list of all awards made by the 
Secretary under this section, including the re-
cipients and amounts of such awards; and 
(B) update such list not less than every 7 
days until all funds made available to carry out 
this section are expended. 
(4) INSPECTOR GENERAL REPORT.— 
(A) IN GENERAL.—Not later than 3 years 
after final payments are made under this sec-
tion, the Inspector General of the Department of 
Health and Human Services shall transmit a 
final report on audit findings with respect to the 
program under this section to the Committee on 
Energy and Commerce and the Committee on 
Appropriations of the House of Representatives 
and the Committee on Health, Education, Labor 
and Pensions and the Committee on Appropria-
tions of the Senate. 
(B) RULE OF CONSTRUCTION.—Nothing in 
this paragraph shall be construed as limiting the 
authority of the Inspector General of the Depart-
1290 
ment of Health and Human Services or the 
Comptroller General of the United States to con-
duct audits of interim payments earlier than the 
deadline described in subparagraph (A). 
(k) ELIGIBLE HEALTH CARE PROVIDER DEFINED.— 
In this section: 
(1) IN GENERAL.—The term ‘‘eligible health care 
provider’’ means a health care provider described in 
paragraph (2) that provides diagnostic or testing 
services or treatment to individuals with a confirmed 
or possible diagnosis of COVID–19. 
(2) HEALTH CARE PROVIDERS DESCRIBED.—A 
health care provider described in this paragraph is 
any of the following: 
(A) A health care provider enrolled as a 
participating provider under a State plan ap-
proved under title XIX of the Social Security Act 
(42 U.S.C. 1396 et seq.) (or a waiver of such a 
plan). 
(B) A provider of services (as defined in 
subsection (u) of section 1861 of the Social Secu-
rity Act (42 U.S.C. 1395x)) or a supplier (as de-
fined in subsection (d) of such section) that is 
enrolled as a participating provider of services 
or participating supplier under the Medicare
1291 
program under title XVIII of such Act (42 
U.S.C. 1395 et seq.). 
(C) A public entity. 
(D) Any other entity not described in this 
paragraph as the Secretary may specify. 
(l) FUNDING.— 
(1) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated for an addi-
tional 
amount 
to 
carry 
out 
this 
section 
$50,000,000,000, to remain available until expended. 
(2) HEALTH CARE PROVIDER RELIEF FUND.— 
(A) USE OF APPROPRIATED FUNDS.— 
(i) IN
GENERAL.—In addition to 
amounts authorized to be appropriated pur-
suant to paragraph (1), the unobligated bal-
ance of all amounts appropriated to the 
Health Care Provider Relief Fund shall be 
made available only to carry out this sec-
tion. 
(ii) AMOUNTS.—For purposes of clause 
(i), the following amounts are deemed to be 
appropriated to the Health Care Provider 
Relief Fund: 
(I) The unobligated balance of the 
appropriation of $100,000,000,000 in
1292 
the third paragraph under the heading 
‘‘Department of Health and Human 
Services—Office of the Secretary— 
Public Health and Social Services 
Emergency Fund’’ in division B of the 
CARES Act (Public Law 116–136). 
(II) The unobligated balance of 
the appropriation under the heading 
‘‘Department of Health and Human 
Services—Office of the Secretary— 
Public Health and Social Services 
Emergency Fund’’ in division B of the 
Paycheck 
Protection 
Program 
and 
Health Care Enhancement Act (Public 
Law 116–139). 
(B) LIMITATION.—Of the unobligated bal-
ances described in subparagraph (A)(ii), the Sec-
retary may not make available more than 
$5,000,000,000 to reimburse eligible health care 
providers for expenses incurred in providing un-
compensated care. 
(C) FUTURE
AMOUNTS.—Any appropria-
tion enacted subsequent to the date of enactment 
of this Act that is made available for reimburs-
ing eligible health care providers as described in
1293 
subsection (a) shall be made available only to 
carry out this section. 
SEC. 612. PUBLIC HEALTH WORKFORCE LOAN REPAYMENT 
PROGRAM. 
Part D of title III of the Public Health Service Act 
(42 U.S.C. 254b et seq.) is amended by adding at the end 
the following new subpart: 
‘‘Subpart XIII—Public Health Workforce 
‘‘SEC. 340J. LOAN REPAYMENT PROGRAM. 
‘‘(a) ESTABLISHMENT.—The Secretary of Health and 
Human Services shall establish a program to be known as 
the Public Health Workforce Loan Repayment Program (re-
ferred to in this section as the ‘Program’) to assure an ade-
quate supply of and encourage recruitment of public health 
professionals to eliminate critical public health workforce 
shortages in local, State, territorial, and Tribal public 
health agencies. 
‘‘(b) ELIGIBILITY.—To be eligible to participate in the 
Program, an individual shall— 
‘‘(1)(A) be accepted for enrollment, or be en-
rolled, as a student in an accredited academic edu-
cational institution in a State or territory in the 
final semester or equivalent of a course of study or 
program leading to a public health degree, a health 
professions degree or certificate, or a degree in com-
1294 
puter science, information science, information sys-
tems, information technology, or statistics and have 
accepted employment with a local, State, territorial, 
or Tribal public health agency, or a related training 
fellowship, as recognized by the Secretary, to com-
mence upon graduation; or 
‘‘(B)(i) have graduated, during the preceding 10- 
year period, from an accredited educational institu-
tion in a State or territory and received a public 
health degree, a health professions degree or certifi-
cate, or a degree in computer science, information 
science, information systems, information technology, 
or statistics; and 
‘‘(ii) be employed by, or have accepted employ-
ment with, a local, State, territorial, or Tribal public 
health agency or a related training fellowship, as rec-
ognized by the Secretary; 
‘‘(2) be a United States citizen; 
‘‘(3)(A) submit an application to the Secretary 
to participate in the Program; and 
‘‘(B) execute a written contract as required in 
subsection (c); and 
‘‘(4) not have received, for the same service, a re-
duction of loan obligations under section 428K or
1295 
428L of the Higher Education Act of 1965 (20 U.S.C. 
1078–11, 1078–12). 
‘‘(c) CONTRACT.—The written contract referred to in 
subsection (b)(3)(B) between the Secretary and an indi-
vidual shall contain— 
‘‘(1) an agreement on the part of the Secretary 
that the Secretary will repay, on behalf of the indi-
vidual, loans incurred by the individual in the pur-
suit of the relevant degree or certificate in accordance 
with the terms of the contract; 
‘‘(2) an agreement on the part of the individual 
that the individual will serve in the full-time employ-
ment of a local, State, or Tribal public health agency 
or a related fellowship program in a position related 
to the course of study or program for which the con-
tract was awarded for a period of time equal to the 
greater of— 
‘‘(A) 2 years; or 
‘‘(B) such longer period of time as deter-
mined appropriate by the Secretary and the in-
dividual; 
‘‘(3) an agreement, as appropriate, on the part 
of the individual to relocate to a priority service area 
(as determined by the Secretary) in exchange for an
1296 
additional loan repayment incentive amount to be de-
termined by the Secretary; 
‘‘(4) a provision that any financial obligation of 
the United States arising out of a contract entered 
into under this section and any obligation of the indi-
vidual that is conditioned thereon, is contingent on 
funds being appropriated for loan repayments under 
this section; 
‘‘(5) a statement of the damages to which the 
United States is entitled, under this section for the 
individual’s breach of the contract; and 
‘‘(6) such other statements of the rights and li-
abilities of the Secretary and of the individual as the 
Secretary determines appropriate, not inconsistent 
with this section. 
‘‘(d) PAYMENTS.— 
‘‘(1) IN GENERAL.—A loan repayment provided 
for an individual under a written contract referred to 
in subsection (b)(3)(B) shall consist of payment, in 
accordance with paragraph (2), for the individual to-
ward the outstanding principal and interest on edu-
cation loans incurred by the individual in the pursuit 
of the relevant degree in accordance with the terms of 
the contract.
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‘‘(2) EQUITABLE
DISTRIBUTION.—In awarding 
contracts under this section, the Secretary shall en-
sure— 
‘‘(A) a certain percentage of contracts are 
awarded to individuals who are not already 
working in public health departments; 
‘‘(B) an equitable distribution of funds geo-
graphically; and 
‘‘(C) an equitable distribution among State, 
local, territorial, and Tribal public health de-
partments. 
‘‘(3) PAYMENTS FOR YEARS SERVED.—For each 
year of service that an individual contracts to serve 
pursuant to subsection (c)(2), the Secretary may pay 
not more than $35,000 on behalf of the individual for 
loans described in paragraph (1). With respect to par-
ticipants under the Program whose total eligible loans 
are less than $105,000, the Secretary shall pay an 
amount that does not exceed 1⁄3 of the eligible loan 
balance for each year of such service of such indi-
vidual. 
‘‘(4) TAX LIABILITY.—For purposes of the Inter-
nal Revenue Code of 1986, a payment made under 
this section shall be treated in the same manner as
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an amount received under section 338B(g) of this Act, 
as described in section 108(f)(4) of such Code. 
‘‘(e) POSTPONING OBLIGATED SERVICE.—With respect 
to an individual receiving a degree or certificate from a 
health professions or other related school, the date of the ini-
tiation of the period of obligated service may be postponed 
as approved by the Secretary. 
‘‘(f) BREACH OF CONTRACT.—An individual who fails 
to comply with the contract entered into under subsection 
(c) shall be subject to the same financial penalties as pro-
vided for under section 338E of the Public Health Service 
Act (42 U.S.C. 254o) for breaches of loan repayment con-
tracts under section 338B of such Act (42 U.S.C. section 
254l–1). 
‘‘(g) DEFINITION.—For purposes of this section, the 
term ‘full-time’ means full-time as such term is used in sec-
tion 455(m)(3) of the Higher Education Act of 1965. 
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section— 
‘‘(1) $100,000,000 for fiscal year 2021; and 
‘‘(2) $75,000,000 for fiscal year 2022.’’. 
SEC. 613. EXPANDING CAPACITY FOR HEALTH OUTCOMES. 
(a) IN GENERAL.—The Secretary, acting through the 
Administrator of the Health Resources and Services Admin-
istration, shall award grants to eligible entities to develop
1299 
and expand the use of technology-enabled collaborative 
learning and capacity building models to respond to ongo-
ing and real-time learning, health care information shar-
ing, and capacity building needs related to COVID–19. 
(b) ELIGIBLE ENTITIES.—To be eligible to receive a 
grant under this section, an entity shall have experience 
providing technology-enabled collaborative learning and ca-
pacity building health care services— 
(1) in rural areas, frontier areas, health profes-
sional shortage areas, or medically underserved area; 
or 
(2) to medically underserved populations or In-
dian Tribes. 
(c) USE OF FUNDS.—An eligible entity receiving a 
grant under this section shall use funds received through 
the grant— 
(1) to advance quality of care in response to 
COVID–19, with particular emphasis on rural and 
underserved areas and populations; 
(2) to protect medical personnel and first re-
sponders through sharing real-time learning through 
virtual communities of practice; 
(3) to improve patient outcomes for conditions 
affected or exacerbated by COVID–19, including im-
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provement of care for patients with complex chronic 
conditions; and 
(4) to support rapid uptake by health care pro-
fessionals of emerging best practices and treatment 
protocols around COVID–19. 
(d) OPTIONAL ADDITIONAL USES OF FUNDS.—An eli-
gible entity receiving a grant under this section may use 
funds received through the grant for— 
(1) equipment to support the use and expansion 
of technology-enabled collaborative learning and ca-
pacity building models, including hardware and soft-
ware that enables distance learning, health care pro-
vider support, and the secure exchange of electronic 
health information; 
(2) the participation of multidisciplinary expert 
team members to facilitate and lead technology-en-
abled collaborative learning sessions, and profes-
sionals and staff assisting in the development and 
execution of technology-enabled collaborative learning; 
(3) the development of instructional program-
ming and the training of health care providers and 
other professionals that provide or assist in the provi-
sion of services through technology-enabled collabo-
rative learning and capacity building models; and
1301 
(4) other activities consistent with achieving the 
objectives of the grants awarded under this section. 
(e) TECHNOLOGY-ENABLED COLLABORATIVE LEARN-
ING AND CAPACITY BUILDING MODEL DEFINED.—In this 
section, the term ‘‘technology-enabled collaborative learning 
and capacity building model’’ has the meaning given that 
term in section 2(7) of the Expanding Capacity for Health 
Outcomes Act (Public Law 114–270; 130 Stat. 1395). 
(f) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$20,000,000, to remain available until expended. 
SEC. 614. ADDITIONAL FUNDING FOR MEDICAL RESERVE 
CORPS. 
Section 2813(i) of the Public Health Service Act (42 
U.S.C. 300hh–15(i)) is amended by striking ‘‘$11,200,000 
for each of fiscal years 2019 through 2023’’ and inserting 
‘‘$31,200,000 for each of fiscal years 2021 and 2022 and 
$11,200,000 for each of fiscal years 2023 through 2025’’. 
SEC. 615. GRANTS FOR SCHOOLS OF MEDICINE IN DIVERSE 
AND UNDERSERVED AREAS. 
Subpart II of part C of title VII of the Public Health 
Service Act is amended by inserting after section 749B of 
such Act (42 U.S.C. 293m) the following:
1302 
‘‘SEC. 749C. SCHOOLS OF MEDICINE IN UNDERSERVED 
AREAS. 
‘‘(a) GRANTS.—The Secretary, acting through the Ad-
ministrator of the Health Resources and Services Adminis-
tration, may award grants to institutions of higher edu-
cation (including multiple institutions of higher education 
applying jointly) for the establishment, improvement, and 
expansion of an allopathic or osteopathic school of medicine, 
or a branch campus of an allopathic or osteopathic school 
of medicine. 
‘‘(b) PRIORITY.—In selecting grant recipients under 
this section, the Secretary shall give priority to institutions 
of higher education that— 
‘‘(1) propose to use the grant for an allopathic 
or osteopathic school of medicine, or a branch campus 
of an allopathic or osteopathic school of medicine, in 
a combined statistical area with fewer than 200 ac-
tively practicing physicians per 100,000 residents ac-
cording to the medical board (or boards) of the State 
(or States) involved; 
‘‘(2) have a curriculum that emphasizes care for 
diverse and underserved populations; or 
‘‘(3) are minority-serving institutions described 
in the list in section 371(a) of the Higher Education 
Act of 1965.