I 
116TH CONGRESS 
2D SESSION 
H. R. 7958 
To grant the authority for States to enter into interstate compacts or 
agreements for the purpose of procuring COVID–19 tests. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 7, 2020 
Ms. CRAIG (for herself and Mr. DAVID P. ROE of Tennessee) introduced the 
following bill; which was referred to the Committee on Energy and Com-
merce, and in addition to the Committees on the Judiciary, and the 
Budget, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To grant the authority for States to enter into interstate 
compacts or agreements for the purpose of procuring 
COVID–19 tests. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Suppress COVID–19 
Act of 2020’’. 
SEC. 2. INTERSTATE COMPACTS AND AGREEMENTS. 
(a) ESTABLISHMENT AND PURPOSES.—The consent 
of Congress is hereby given to States and Indian Tribes 
VerDate Sep 11 2014 
19:48 Aug 28, 2020
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H7958.IH
H7958
pamtmann on DSKBC07HB2PROD with BILLS
to enter into compacts, not in conflict with any law of the 
United States, for cooperative effort and mutual assist-
ance in procuring COVID–19 tests and supplies for such 
tests, or cooperative agreements (referred to in this section 
as ‘‘agreements’’) for cooperative effort and mutual assist-
ance in procuring COVID–19 tests and supplies through 
memoranda of understanding. 
(b) ASSISTANCE.—The Secretary of Health and 
Human Services (referred to in this section as the ‘‘Sec-
retary’’) shall— 
(1) take all possible steps to encourage and as-
sist States and Indian Tribes entering into interstate 
compacts or agreements under this section; 
(2) cooperate with such compacts and agree-
ments; 
(3) cooperate with States and Indian Tribes 
forming cooperative agreements for cooperative ef-
fort and mutual assistance in procuring COVID–19 
tests and supplies for such tests, through memo-
randa of understanding instead of compacts; and 
(4) encourage cooperative activities of Federal 
departments and agencies with such compacts or 
agreements. 
(c) FUNDING.— 
(1) APPROPRIATION.— 
VerDate Sep 11 2014 
19:48 Aug 28, 2020
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H7958.IH
H7958
pamtmann on DSKBC07HB2PROD with BILLS
(A) IN GENERAL.—Effective on the date 
that is 30 days after the date of enactment of 
this Act, there are authorized to be appro-
priated to the Secretary, and there are hereby 
appropriated, out of amounts in the Treasury 
not otherwise appropriated, $25,000,000,000, 
for purposes of supporting testing procurement. 
Of such amount— 
(i) $20,000,000,000 shall be made 
available to States and Indian Tribes on 
the date that is 30 days after such date of 
enactment, which States or Indian Tribes 
may forward to interstate compacts or 
agreements authorized under this section; 
and 
(ii) $5,000,000,000 shall be reserved 
for States and Indian Tribes that enter 
into compacts authorized or agreements 
recognized under this section. 
(B) RESERVATION OF AMOUNTS.—Of the 
amounts appropriated under subparagraph (A), 
not less than $667,000,000 shall be reserved 
for awards to Indian Tribes that shall be dis-
tributed by the Secretary in consultation with 
the Indian Health Service. 
VerDate Sep 11 2014 
19:48 Aug 28, 2020
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H7958.IH
H7958
pamtmann on DSKBC07HB2PROD with BILLS
(C) EMERGENCY DESIGNATION.— 
(i) IN GENERAL.—The amounts pro-
vided by this paragraph are designated as 
an emergency requirement pursuant to sec-
tion 4(g) of the Statutory Pay-As-You-Go 
Act of 2010 (2 U.S.C. 933(g)). 
(ii) DESIGNATION IN SENATE.—In the 
Senate, this paragraph is designated as an 
emergency requirement pursuant to section 
4112(a) of H. Con. Res. 71 (115th Con-
gress), the concurrent resolution on the 
budget for fiscal year 2018. 
(2) ALLOTMENTS.— 
(A) FUNDS FOR STATES.—Out of amounts 
appropriated under paragraph (1) and allocated 
for 
the 
purpose 
described 
in 
paragraph 
(1)(A)(i) and not reserved under paragraph 
(1)(B), the Secretary shall allot to each State 
an amount that bears the same relationship to 
the total amount so allocated under paragraph 
(1)(A)(i) and not so reserved that the amount 
allotted to such State under the State’s Public 
Health Emergency Preparedness cooperative 
agreement for fiscal year 2019 bears to the 
total amount appropriated to the Public Health 
VerDate Sep 11 2014 
19:48 Aug 28, 2020
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H7958.IH
H7958
pamtmann on DSKBC07HB2PROD with BILLS
Emergency Preparedness program for fiscal 
year 2019 for purposes of making allocations to 
States. 
(B) ALLOCATIONS FOR STATES ENTERING 
INTO
COMPACTS
OR
AGREEMENTS.—The Sec-
retary, not later than 45 days after the date of 
enactment of this Act, shall allocate the 
amounts appropriated under paragraph (1) and 
allocated for the purposes described in para-
graph (1)(A)(ii) to eligible States and Indian 
Tribes that have entered into a compact or 
agreement under this section or stated their in-
tent to enter into such a compact or agreement, 
according to a formula established by the Sec-
retary that provides a base amount to each 
such State and Indian Tribe, plus an additional 
amount based on population. 
(d) ELIGIBILITY FOR CERTAIN FUNDING.—A State 
or Indian Tribe is eligible for an allocation under sub-
section (c)(2)(B) only if the compact or agreement that 
the State or Indian Tribe has joined meets all of the fol-
lowing requirements: 
(1) TRANSPARENCY PROVISIONS.—The compact 
or agreement shall publicly disclose all contract 
sums, terms, requests for proposals, and recipients 
VerDate Sep 11 2014 
19:48 Aug 28, 2020
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H7958.IH
H7958
pamtmann on DSKBC07HB2PROD with BILLS
of contracts on a quarterly basis, and shall publicly 
disclose, on a quarterly basis, key performance indi-
cators of, with respect to COVID–19 testing used by 
the compact or agreement, the price, volume, speed 
to market, and test turnaround time. With respect 
to new contracts, compacts and agreements shall 
give priority to contracting entities that can guar-
antee fulfillment of existing contracts with States or 
Indian Tribes. 
(2) PROCUREMENT GOVERNING STRUCTURE.— 
The compact or agreement shall demonstrate having 
consulted with, for purposes of developing contracts 
for testing procurement, medical professionals, indi-
viduals with a background in public health, business, 
biotechnology, logistics, manufacturing, or procure-
ment. 
(3) ANTI-CORRUPTION PROVISIONS.—The com-
pact or agreement shall have in place anti-corruption 
requirements that prohibit anyone who is overseeing 
the development of the compact or agreement from 
personally benefitting from any contract the compact 
or agreement enters. 
(4) TIMELY TESTING.—The compact or agree-
ment shall have as a goal testing turnaround times 
of under 24 hours. 
VerDate Sep 11 2014 
19:48 Aug 28, 2020
Jkt 099200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H7958.IH
H7958
pamtmann on DSKBC07HB2PROD with BILLS
(e) EXPIRATION.—Amounts appropriated under this 
section and made available to States and Indian Tribes 
for testing procurement shall remain available until the 
later of December 31, 2021, or the date that is 90 days 
after the public health emergency declared by the Sec-
retary of Health and Human Services under section 319 
of the Public Health Service Act (42 U.S.C. 247d), on 
January 31, 2020, with respect to COVID–19 expires, 
and, on such applicable date, any such funds that remain 
unobligated shall be remitted to the Treasury of the 
United States. 
SEC. 3. STATE PLANS. 
(a) IN GENERAL.— 
(1) IN GENERAL.—Effective on the date that is 
30 days after the date of enactment of this Act, 
there are hereby appropriated to the Public Health 
and Social Services Emergency Fund, out of 
amounts in the Treasury not otherwise appropriated, 
$18,000,000,000, to remain available until ex-
pended, to prevent, prepare for, and respond to 
COVID–19, domestically or internationally, for nec-
essary expenses undertaken by States and Tribal au-
thorities to implement COVID–19 testing, contact 
tracing, and supporting isolation programs, and to 
otherwise monitor and suppress COVID–19. 
VerDate Sep 11 2014 
19:48 Aug 28, 2020
Jkt 099200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H7958.IH
H7958
pamtmann on DSKBC07HB2PROD with BILLS
(2) 
RESERVATION
OF
AMOUNTS.—Of 
the 
amounts appropriated under subparagraph (A), not 
less than $600,000,000 shall be reserved for awards 
to Indian Tribes that shall be distributed by the Sec-
retary in consultation with the Indian Health Serv-
ice. 
(3) EMERGENCY DESIGNATION.— 
(A) IN GENERAL.—The amounts provided 
by this subsection are designated as an emer-
gency requirement pursuant to section 4(g) of 
the Statutory Pay-As-You-Go Act of 2010 (2 
U.S.C. 933(g)). 
(B) DESIGNATION
IN
SENATE.—In the 
Senate, this subsection is designated as an 
emergency requirement pursuant to section 
4112(a) of H. Con. Res. 71 (115th Congress), 
the concurrent resolution on the budget for fis-
cal year 2018. 
(b) ALLOCATION TO STATES AND INDIAN TRIBES.— 
(1) IN GENERAL.—Of the amount appropriated 
under subsection (a), $9,000,000,000 shall be allo-
cated to States and Indian Tribes for contact trac-
ing personnel, $4,000,000,000 shall be allocated to 
States and Indian Tribes for voluntary self-isolation, 
income support for individuals in isolation, or other 
VerDate Sep 11 2014 
19:48 Aug 28, 2020
Jkt 099200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H7958.IH
H7958
pamtmann on DSKBC07HB2PROD with BILLS
isolation supports, $4,500,000,000 shall be allocated 
to States for Tribal and local health offices, and 
$500,000,000 shall be allocated to States and Indian 
Tribes for data modernization in Tribal and local 
health offices. States and Indian Tribes may apply 
for a waiver from the Federal Government to use 
amounts received under this paragraph for a dif-
ferent purpose than as originally disbursed, provided 
that any such other use is consistent with the pur-
poses of this section. States and Indian Tribes shall 
take all possible steps to distribute funding received 
under this subsection to Tribal and local health of-
fices as promptly as possible. 
(2) ALLOCATIONS
TO
STATES.—Amounts ap-
propriated under subsection (a)(1) and not reserved 
under subsection (a)(2) shall be allotted to each 
State in an amount that bears the same relationship 
to the total amount appropriated under subsection 
(a)(1) and not so reserved that the amount that the 
State received pursuant to the Public Health Emer-
gency Preparedness cooperative agreement in fiscal 
year 2019 bears to the total amount appropriated 
under such cooperative agreement for such fiscal 
year. 
VerDate Sep 11 2014 
19:48 Aug 28, 2020
Jkt 099200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H7958.IH
H7958
pamtmann on DSKBC07HB2PROD with BILLS